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Karnataka Court December 1952 Judgments

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Dec 02 1952

Abdul Basheer Saheb Vs. Government of Mysore by the Chief Secretary to ...

Court: Karnataka

Decided on: Dec-02-1952

Reported in: AIR1954Kant57; AIR1954Mys57; ILR1953KAR489; (1954)32MysLJ76

1. The suit in respect of which this appeal arises was filed for recovery of Rs.1241-10-6 as the value of 107 bags of salt not delivered, along with other claims such as freight paid, notice charges and interest. It is not disputed that 180 bags of salt were consigned at Bombay Harbour for delivery to plaintiff, on 25-4-44. Of these, 73 bags were delivered to plaintiff on 21-5-44. The remaining 107 bags of salt were not delivered. But on 30-8-1944, as per Ex. D, the Station Master, Shimoga, wrote to the plaintiff that 104 bags of salt would be delivered to him in case he was prepared to receive reasonable compensation for the loss of salt.Plaintiff agreed to receive them and claimed a-compensation of Rs. 712/- (vide Ex. E). Evidently no further offer was made to the plaintiff by the Railway authorities as they thought that the compensation claimed was excessive. On 23-4-1945 a. no-ice was issued to the Chief Secretary to the Government of Mysore and the suit was filed on. 18-7-1945, i....


Dec 01 1952

Rama Setty Vs. Ibbanna Setty

Court: Karnataka

Decided on: Dec-01-1952

Reported in: AIR1954Kant56; AIR1954Mys56; ILR1953KAR486; (1954)32MysLJ95

1. The property in dispute in this case belonged to the joint family of which the deceased father of plaintiff was the manager. After the death of the father, the property belonged exclusively to his son, the surviving coparcener. During his minority his mother made a gift of property now in dispute to her step daughter for what is referred to as 'Arisina Kunkama', in accordance with the wishes of her husband as stated in the document Exhibit 18. The appellant in S.A. 452 of 49-50 is a purchaser of the interest of the daughter Veeramma under Exhibit 21. The plaintiff filed a suit for declaration of his title and possession of the plaint schedule properties together with mesne profits.2. The short point for consideration is whether the guardian of a minor can make a gift of the minor's property to his sister in connection with her marriage and this point of law has been answered by the Courts below in favour of the plaintiff and I am inclined to think they are right. It is unnecessary t...


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