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Baga Bharti Vs. Sarkar
Court : Rajasthan
Reported in : AIR1950Raj10
1. These are two appeals by the accused Baga Bharti, one filed by him from jail and the other through his learned counsel Mr. Indernath Modi, and this judgment will dispose of both of them as they arise out of the same incident and the same judgment of the learned Sessions Judge. Baga Bharti was challaned under Section 302, Penal Code but the committing Magistrate recommended his discharge under that section and charged him under Section 304 (2), The learned Sessions Judge tried him under that section for causing the death of Heersingh and convicted and sentenced him to three years rigorous imprisonment. Two other persons were also tried by the learned Sessions Judge, namely, Parmanand Bharti under Section 323, Penal Code and Ganpat Bharti under Section 339, Penal Code, but both of them have been acquitted and in this appeal, we are not concerned with them.2. This case hails from the heart of the city of Jodhpur. The parties are close neighbours and have their houses situate almost opp...
Tag this Judgment!Vasudevayya Vs. Bhagirathi Bai and ors.
Court : Chennai
Reported in : AIR1950Mad333
Raghava Rao, J.1. In this case a mortgagee who paid up a prior charge-decree on the hypotheca in order to avert an imminent sale in execution of the decree sought to recover the amount paid, basing himself in his plaint solely on the right of subrogation recognised by the 1st and 2nd paragraphs of Section 92, Transfer of Property Act. The contesting defendants were certain alienees of the hypotheca who resisted the right so claimed. The right of subrogation has been held against by both the Courts below on the ground that it could only be exercised and was not within the period of limitation applicable to the original charge irrespective of the date of discharge. The Courts below have however granted relief to the plaintiff applying Section 72, Transfer of Property Act. The lower appellate Court has also relied on the equitable lien or charge found by it to exist in favour of the plaintiff on the authority of the ruling of the Calcutta high Court in Ambica Charan v. Ramgati, A. I. R. 1...
Tag this Judgment!Senapathi Mudaliar Vs. Deivanai Ammal
Court : Chennai
Reported in : AIR1950Mad357
ORDERPanchapakesa Ayyar, J.1. There is no doubt whatever that the order awarding separate maintenance to the respondent, the petitioner's first wife was correct and proper. The petitioner has married again and his offer to take the respondent back and treat her well cannot be taken to be sincere. Even it he takes her back, he will only make her an unpaid cook and maid for all work of himself and his second wife, an intolerable position and one to which no Court should drive a married woman. 2. The next question is about the quantum of maintenance awarded. After carefully considering all the circumstances, I reduce it to Rs. 12-8-0 a month as the petitioner has to maintain another wife, married before the Anti-Polygamy Act and provide for children by her, out of his income of Rs. 40 a month, whereas children of his by the respondent are now highlyimprobable. ...
Tag this Judgment!In Re: M. Pachiappan and ors.
Court : Chennai
Reported in : AIR1950Mad364
ORDERPanchapakesa Ayyar, J.1. These are petitions filed by three persons, Pachiappan, Velayudham and Gajapathi, accused of offences under Section 124A, Penal Code,' in C. C. Nos. 2191, 2017 and 3211 of 1949 on the file of the Chief Presidency Magistrate, Madras, requesting me to interfere in revision with the order of the Chief Presidency Magistrate of Madras refusing to commit these oases to the High Court sessions for trial, and reserving the cases for disposal by himself. 2. The learned counsel for all the petitioners in these cases contends that the learned Chief Presidency Magistrate was wrong in refusing to commit the cases for trial to the High Court sessions in view of the observations of Kuppuswami Ayyar J. in In re Ramarathnam : AIR1946Mad349 . I have looked into that ruling and do not consider that it will apply to the facts of this case. As the learned Crown Prosecutor urged, that ruling went on the particular facts of the case, there being two peculiar and distinguishing f...
Tag this Judgment!Ethilavulu Ammal and ors. Vs. Pethakkal and ors.
Court : Chennai
Reported in : AIR1950Mad390
Satyanarayana Rao, J.1. The defendants are the appellants in this civil miscellaneous appeal preferred against the order of remand by the learned Subordinate Judge of Dindigul. The plaintiff is the widow of one Thanipulli Naicker who died in 1933 though there is no evidence regarding the actual date of his death. Immediately after his death, the father of the plaintiff executed a deed dated 27th June 1933 (Ex. P-1) acting as guardian of the plaintiff who was then a minor, in favour of defendant 1 and his brother. Under the title so acquired, defendant 1 and his brother made various alienations of the properties in favour of the several defendants in the action. The plaintiff attained majority in 1941. She filed the present suit in forma pauperis on 23rd March 1945 to recover possession of the properties left by her deceased husband and she impeached the deed executed by the father as not binding upon her. Various defences to the action were raised by the alienee-defendants and the prin...
Tag this Judgment!Abasand Oils Ltd. Vs. Boiler Inspection and Insurance Co. of Canada
Court : Privy Council
Reported in : AIR1950PC39
LORD PORTER: This is an Appeal by special leave from a judgment of a majority of the Supreme Court of Canada dated 13th April 1948, allowing the respondent's appeal from the judgment of a majority of the Supreme Court of Alberta, Appellate Division, dated 24th December 1946, which affirmed a judgment of Shepherd J., in the Supreme Court of Alberta, Trial Division, dated 26th July 1945. By his judgment Shepherd, J., awarded the appellants $100,000 under a policy of insurance issued to the appellant by the respondent. In reversing this decision the Supreme Court of Canada dismissed the plaintiff's action. 2. The appellant owned a plant at Water, ways, in the province of Alberta, at which petroleum products from the bituminous sands found there were experimentally refined. The process necessitated the use of a large boiler and separator equipment surrounding it. The boiler was fired with crude oil, at times supplemented by dry gas. 3. Undoubtedly an accident took place at the plant on 21s...
Tag this Judgment!Sheo NaraIn Vs. Bhallar
Court : Allahabad
Reported in : AIR1950All352
ORDERAgarwala, J.1. This is a plaintiff a application in revision against a decree of a Judge of the Court of Small Causes, Kanpur, dismissing his suit.2. The plaintiff brought a suit for recovery of a sum of Rs. 956 on the basis of Bahi Khata accounts. According to him, the defendant entered into various transactions of sale and purchase of bullion between 24th October 1944 and 13th May 1946. The allegation in the plaint was that the plaintiff was an arhatia and also did transactions on his own behalf in the sale and purchase of bullion and that the defendant under his arhat entered into transactions.3. The defence was that no transactions were entered into at all, but that the amount shown by the plaintiff as credited to the defendant's account was a loan advanced by the defendant to the plaintiff. In the alternative it was pleaded that if the transactions were entered into by the defendant, then they were wagering and the plaintiff could not recover.4. The trial Court came to the co...
Tag this Judgment!State Vs. Haricharan Rakshit
Court : Orissa
Reported in : AIR1950Ori114; 15(1949)CLT123
Narasimham, J.1. This is a Government appeal against the order of acquittal passed by the Sessions Judge of Ganjam-Puri on an appeal from the conviction and sentence passed by a First Class Magistrate of Puri.2. The respondent was found travelling in a Second Class coupe compartment of the Puri-Howrah Express on 20th July 1946. His compartment was searched by the S. I. Anti-smuggling (P. W. 3) at Khurda Road Railway Station and new cloth consisting of dhoties, sarees, ready-made garments, napkins, etc., were recovered from the compartment. The respondent had a Second Class ticket No. 2,197, Another lady who was said to be the mother of the respondent was also travelling in the same compartment with him. The Sub-Inspector seized the cloth and on weighing the same found the weight to be about 22 lbs. Subsequently, however, when the cloth was weighed by the Court Sub-Inspector of Puri Sadar (D. W. 1) the weight was found to be 14 lbs., 4 1/2 ounces. As rightly pointed out by the learned S...
Tag this Judgment!K.S. Javari and ors. Vs. Bhagwat Parshad Mangla
Court : Punjab and Haryana
Reported in : AIR1950P& H155; 1950CriLJ736
ORDERKapur, J.1. This is a rule directed against the order of Mr. Harnarain Singh, Magistrate, First Class, Gurgaon, whereby he issued process against the petitioners. A petition for quashing of proceedings in the Court of the learned Magistrate has been filed in this Court Under Section C61A, Criminal P.C.2. The facts which have led to this petition are that on 18th May 1918, the respondent Bhagwat Pershad Mangla insured a truck with the Sentinel Assurance Company Ltd., for RSection 15,000. On 18th November 1948, this truck is alleged to have caught fire and was damaged. A claim waa made by the insured for the amount and on 13th December 1948, the Zonal Secretary of the company at New Delhi, H. P. Bhattacharjee, wrote a letter to the insured confirming a telegram which was in the following terms: 'Arrange transportation accidented truck 450 Premnath Motors, Scindhiahouse New Delhi.' The letter went on to say 'we may add that we shall pay you reasonable expenses (within the provisions ...
Tag this Judgment!Vadlamudi Venkateswarlu and anr. Vs. Ravipati Ramamma and anr.
Court : Chennai
Reported in : AIR1950Mad379
Rajamannar, C.J. 1. This application raises a question of some importance as regards the light of the respondent in an appeal to prefer objections to the decree of the lower Court without preferring a separate appeal. The application has been made in A. S. No. 153 of 1947 on the file of this Court which was an appeal preferred by defendants 1 to 3 in O. S. No. 54 of 1945 in the Court of the Subordinate Judge of Guntur against a preliminary decree for partition passed in favour of the plaintiffs who are respondents 1 and 2 in the appeal. Besides the plaintiffs, only defendant 4 has been made a respondent in the appeal. In the Court below, there were 6 defendants and the plaintiffs are the sons of one Venkatasubbayya and defendant 1 is his brother. Defendants 2 and 3 are the minor sons of defendant 1. Defendants 4 and 5 are the sisters of defendant 1. Defendant 6 is his father-in-law. Defendants 5 and 6 were made parties to the suit, because it was alleged by the plaintiffs that they wer...
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