Court : Karnataka
Reported in : AIR1952Kant123; AIR1952Mys123
order1. in c. c. no. 123 of 1943-49 on the file of the special first class magistrate, chickballapur, the respondent was convicted for an offence under section 500, i. p. c. and sentenced to pay a fine of rs. 200/-. on appeal, the learned first addl. sessions judge, bangalore, acquitted the accused on the ground that no case is made out against him. the complainant has preferred this revision petition against that order.2. defamation is denned by section 499, i. p. c. thus:'whoever by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter excepted, to defame that person.'3. it is not disputed that the expression 'black-marketeer' which is per se defamatory i within the meaning of the aforesaid section was used by the accused in relation to the complainant in a public gathering which was presided over by a government officer and in which besides the parties to this proceeding a large number of respectable persons of the locality were present.4. the main ground upon which the accused has been acquitted by the learned sessions judge is that there is no satisfactory evidence regarding the exact words of imputation. in para 4 of his judgment, he states thus:'even regarding the exact words which were alleged to have been uttered by the .....Tag this Judgment!
Court : Karnataka
Reported in : AIR1954Kant138; AIR1954Mys138
..... suffered loss' or damage, the burden of proof shifts on to the defendant, it is so on account of the special provisions in section 62 of the manitoba motor vehicles act, which was applicable to the case that was being considered by their lordships. even otherwise, on plaintiff proving certain facts, it may be possible to presume that unless the defendant .....Tag this Judgment!
Court : Karnataka
Reported in : AIR1953Kant124; AIR1953Mys124
order1. this revision petition is against the order dated 28-8-1952 passed by the district judge, shimoga (camp: chickmagalur) in h. r. c. appeal no. 2 of 1952-53 confirming the order dated 29-4-1952 of the deputy commissioner and rent controller, shimoga in h. r. c. no. 120 of 1951-52.2. the house was let out to the respondent by the petitioner on 30-1-1952 and the rent agreed to was rs. 45/- a month. the courts below are of opinion that the cost of the building is rs. 8000/- and have fixed the fair rent at rs. 37-8-0 per month. it is stated that the built area of the house is about 1000 sq. ft. both the learned district judge and thelearned rent controller have assessed the value of the house at the rate of rs. 8/- per sq. ft. according to which the value of the built area is assessed at rs. 8000/-. the building has got a cement concrete roofing. in cases of this kind it is more usual to value the building on plinth area at the rate of rs. 10/- a sq. ft. even otherwise the courts below have not taken into consideration the value of the site on which the building stands and this should have been taken into consideration in fixing the fair rent of the building.i also think in cases of this kind where the landlord and the tenant have come to an agreement about the rent payable, the presumption is that what has been solemnly agreed to may be taken as the fair rent unless it is shown that the landlord or the tenant has taken undue advantage of the need of the other. the .....Tag this Judgment!
Court : Karnataka
Reported in : AIR1955Kant138; AIR1955Mys138; 1955CriLJ1611
..... . 35 mys ccr 10 (d) cited by mr. gulur srinivasa rao is distinguishable as it is based on the consideration that the facts relating to the offence under the excise act of which the accused was acquitted were the same as those relating to offences under the indian penal code. it cannot be said that the requirements for the offence of .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : AIR1957P& H85
..... certain sum of money to the wife as a result of those proceedings.3. on 30-8-1955 the husband presented ft petition under sections 10 and 13 of the hindu marriage act, 1955, for the dissolution of his marriage with his wife. during the proceedings in that case the wife presented an application under section 24 ..... of the act of 1955 in which she requested the learned district judge to direct the husband to pay ..... application under section 24. any other construction would lead to strange and anomalous results. the husband has presented a petition for the dissolution of his marriage with his wife and the wife has made an application under section 24 that she should be allowed reasonable expenses for defending herself. it is ..... expenses of the proceeding.'the obvious meaning of this provision of law is that if the wife makes an application under 8. 24 of the act of 1955, the court is at liberty to direct the husband to pay the expenses of the proceeding: and if the husband makes an application under the ..... the husband is dissatisfied with the order and has come to this court in revision.4. section 24 of the act of 1955 is in the following terms :'where in any proceeding under this act it appears to the court that either the wife or the huband as the case may be, has no .....Tag this Judgment!
Court : Chennai
Reported in : AIR1957Mad243
..... of the institution of the suit'. (see page 104 of d. h. chaudhari's special marriage act, 1954). 13. under the hindu marriage act, 1955, also, impotency is not a ground for divorce but a ground for nullity. section 12 states:'any marriage solemnized, whether before or after the commencement of this act, shall be voidable and may be annulled by a decree of nullity on any of ..... language with clause (a) if section 12 of the hindu marriage act 1955. therefore no vested right has been taken away and no new right has accrued.2. the ..... ) which provides that either party to a marriage solemnised before or after the commencement of this act..... may pray that the marriage be dissolved on the ground that the other party was impotent at the time of marriage and continued to be so until the presentation of the petition. this act has been repealed and replaced by the hindu marriage act 1955, section 12(a). the clause (h) ..... of section 5 of act vi of 1949 is identical in .....Tag this Judgment!
Court : Karnataka
Reported in : AIR1957Kant44; AIR1957Mys44; ILR1956KAR317
..... herself or to meet the expenses of the proceedings.from all these circumstances it would appear that unless there is something compelling in the language of section 24 of the hindu marriage act which confines such relief only to the petitioner it should not be restricted to one party or the other and i find no warrant for such a construction in the ..... such sum not exceeding.....''there is no reason to think that the legislature in making provision for maintenance pendente life and expenses of the proceedings under the hindu marriage act wished to depart from the principle that it should be open to the court to make such provision in favour of a needy spouse whether such spouse figured as the ..... order1. the petitioner before this court filed an application under section 13 of the hindu marriage act against the respondent praying for a decree for divorce. the respondent who is the wife filed an application under section 24 of the act claiming interim maintenance and expenses of the proceedings. this has been granted and the petitioner has been. directed to pay her rs. 15/- per ..... it be instituted by a husband or a wife.....the wife may present a petition for alimony pending the suit.'section 6 of the bombay hindu divorce act (xxii of 1947) reads:--'in any suit under this act.....the court, on the application of the wife, may order the husband to pay her the expenses of the suit and monthly during the suit .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1958Bom425; (1957)59BOMLR116; ILR1957Bom353
..... court-fee ad valorem is payable. again there is no clause in the court-fees act which expressly applies to petitions under section 13 of the hindu marriage act. article 21 applies to 'plaints' under the bombay hindu divorce act, 1947, but a petition under section 13 of the hindu marriage act of 1955 is not a plaint. that article can, therefore, have 110 application. mr. desai ..... shah, j. 1. this revision application raises a question about the court-fee payable on a petition filed under section 13 of the hindu marriage act, xxv of 1955.2. the court-fees act as amended by bombay act xii of 1054 prescribes by section 7 read with schedule i, article 1 that on plaints, written-statements, pleadings, or set-off or counter-claims ..... contends on behalf of the state that the use of the expression 'petition' in the hindu marriage act, is not decisive of the ..... court-fee exigible, inasmuch as a petition for relief under the hindu marriage act is in substance a plaint and .....Tag this Judgment!
Court : Karnataka
Reported in : AIR1957Kant43; AIR1957Mys43; 1957CriLJ467; ILR1956KAR369
..... summoned and examined.it is admitted that the ii party made no request to the learned magistrate to call any of such persons as witnesses. the magistrate acted entirely within his powers in confining his attention to the affidavits and the other documentary evidence produced in the case when he did not feel it necessary to summon any ..... learned magistrate should have allowed the examination of those persons as witnesses. under section 145 of the code of criminal procedure as it stands now the court is normally to act on the evidence produced in the form of affidavits and it is only when the court thinks it fit that any person whose affidavit has been put in need he .....Tag this Judgment!
Court : Chennai
Reported in : AIR1957Mad423
..... facts set out in the verified petition and the counters.9. i have just now mentioned before that section 14 of the hindu marriage act, 1955, corresponds to the english matrimonial causes act, 1950, section 2(1) which provides that no petition for dissolution of marriage may be presented to the high court without leave unless three years have elapsed from the date of the ..... further proof.7. this application for divorce, it will be noticed has been filed within three years of the marriage between the petitioner, and the respondent and now under section 14 of the hindu marriage act, 1955, which corresponds to sections of the english matrimonial causes act, 1950, states that no petition for divorce can be presented unless at the date of the presentation of ..... the petition three years have passed since the date of the marriage. this limitation of time has been given so that there ..... ex. b-1 constituting ex facie an agreement for permanent and exclusive concubinage and ex. b-2 constituting prima facie a divorce by mutual consent not statutorily (e.g. special marriage act xliii of 54) or customarily permissible (sankara lingam v. subban, ilr 17 mad 479 (q), jina v. jethi : (1941)43bomlr651 ) could have been registered at all as being .....Tag this Judgment!