Karnataka Court December 1951 Judgments
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Gurupada Mudaliar Vs. Government of Mysore
Court: Karnataka
Decided on: Dec-24-1951
Reported in: AIR1952Kant102; AIR1952Mys102
ORDER1. The petitioner was surety for appearance of the Accused in C. C. No. 2699 of 50-51 on the file of the City Magistrate, Bangalore. Owing to repeated absence of the accused the case had to be adjourned a number ol times. Warrants issued to secure his attendance were returned unserved & proclamation was ordered. The accused then appeared but, after prosecution witnesses were examined, charge was framed and the witnesses were summoned for further cross-examination as desired by him again absented himself with the result that the further proceedings were inevitably postponed. Oil 7-3-1951 the Court ordered issue of Nonbailable warrant to the accused and notice to the surety to show cause why the bond should not be forfeited. On the next date the surety alone turned up. The learned Magistrate after noting that the surety was unable to explain as to why the accused was absent made an order that the bail bond for Rs. 200/- executed by him was forfeited in entirety. The appeal preferred...
Kale Gowda and ors. Vs. Marigowda and anr.
Court: Karnataka
Decided on: Dec-24-1951
Reported in: AIR1952Kant107; AIR1952Mys107; ILR1952KAR331; (1953)31MysLJ14
Vasudevamurthy, J. 1. The plaintiff brought a suit in the Court of the Munsiff at Hunsur for the recovery of Rs. 404/- due for principal and interest under a registered hypothecation bond dated 10-6-1926 executed by one Channegowda who is now dead. He left three sons Kalegowda, defendant 1, Boregowda, father of minor defendant 2 and another Lingegowda. Both Boregowda and Lingegowda are also dead. Lingegowda left behind him only his widow Narasamma who is also dead. Defendant 3 is the widow of Channegowda and defendant 4 is an alienee of a small portion of the mortgaged property from Narasamma. 2. Plaintiff's case is that at a family partition after the death of Channegowda between defendant 1 and his brothers the hypothecated proper-lies were shared equally by the three brothers but the responsibility lor paying the debt was to be borne by Lingegowda; and in accordance with this arrangement Lingegowda paid Rs. 144/- on 4-5-1930 towards interest and endorsed the same on the document. Af...
Thammannagowda Vs. Shankarappagowda
Court: Karnataka
Decided on: Dec-24-1951
Reported in: AIR1952Kant106; AIR1952Mys106; ILR1952KAR267
Venkata Ramaiya, J. 1. During the minority of respondent, a suit was filed on his behalf by his next friend for partition of the properties belonging to a joint family of which he was a member and for possession of his share. A preliminary decree was passed granting a share in certain properties with a direction for payment of mesne profits by the persons in possession of the properties up-to-date of delivery after determination of the same in execution proceedings. The suit was filed on 28-3-1945 and the properties due to plaintiff were delivered on 7-2-1941. Mesne profits were claimed lor the intervening two years. On a consideration of the evidence and the contentions of appellant, the learned Munsiff fixed the amount payable at a certain sum which on appeal by appellant is slightly reduced. There are thus concurrent findings about the amount which the appellant is liable to pay & we see no reason to disturb this. Sri Krishnamurthy on behalf of appellant argued that the claim with r...
Nanjiah and ors. Vs. Maregowda and ors.
Court: Karnataka
Decided on: Dec-24-1951
Reported in: AIR1952Kant134; AIR1952Mys134; ILR1952KAR323
Mallappa, J. 1. The suit O. S. 74 of 45-46 on the file of the Second Munsiff, Mysore, out of which this appeal arises was filled by the plaintiffs-appellants for cancellation of a 'rajinama' decree obtained by their mother as their next friend, in O. S. 35 of 45-46 on the file of the Second Munsiff, Mysore, and for partition and possession of their 3/4th share in plaint schedule properties.2. The case of the plaintiffs is that the plaint schedule properties are their ancestral properties and that the first defendant, their undivided father, who has been living separately from them leading a reckless life alienated for no legal necessity the joint family properties (plaint schedule items 1 & 2) to defts. 3 & 4. Their mother the second defendant filed the suit in O. S. 35 of 45-46 as their next friend in respect of these alienations but she effected a compromise under undue influence against the interest of the minors. Plaintiffs pray that the 'rajinama' decree in that _suit has to be se...
N. Devaraje Urs Vs. M. Ramakrishniah
Court: Karnataka
Decided on: Dec-06-1951
Reported in: AIR1952Kant109; AIR1952Mys109
1. The plaintiff is a building contractor. He constructed a house in Mysore City for one Annapurnamma and a sum of Rs. 17807- was found due to him in that connection. She conveyed the house to the defendant by a sale deed dated 15-4-1941 and it was provided in that sale deed that the defendant should pay this sum to the plaintiff as a part of the purchase money due to Annapurnamma. The plaintiff's case is that the defendant agreed to do so and has also paid Rs. 1470/- in pursuance of that promise leaving a balance of Rs. 310/- for which sum and interest thereon by way of damages the suit had to be filed as the defendant later on denied his liability.2. The defendant denied that the plaintiff had done work to the extent required to enable him to claim Rs. 1780/- and that he had ever agreed with the plaintiff to pay that sum. He pleaded that he had no doubt made some payments as desired by the vendors but had justifiably withheld the balance at their desire as the plaintiff had not compl...
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