Karnataka Court August 1953 Judgments
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Marisamappa Vs. Channiah and ors.
Court: Karnataka
Decided on: Aug-25-1953
Reported in: AIR1955Kant31; AIR1955Mys31; ILR1954KAR293; (1955)33MysLJ171
1. The plaintiff-appellant filed a suit for recovery of money due on a hypothecation bond executed by one Javarayigowda, his brother who is the third defendant in the case. The first defendant is the son of Javarayigowda. Defendant 2 is the widow of Javarayigowda. Defendant 4 is another brother of Javarayigowda.2. The main point for consideration is whether the suit document is barred by time. The plaintiff-appellant relies on endorsements for payment of interest made by Javarayigowda as per Ext. A-3 on the document. The thumb Impression on the document is clear and even a layman could say that the thumb impression to the endorsement very closely resembles the thumb impression affixed by Javarayigowda on the registered hypothecation deed before the Sub-Registrar. The learned Munsiff was right in holding that this endorsement is genuine. There is hardly any doubt therefore that there could be a decree as against the l/3rd interest of Javarayigowda and his son the first defendant in the ...
N. Sreenivasa Murthy Vs. Sri Vyasarajendra Co-operative Bank Ltd.
Court: Karnataka
Decided on: Aug-21-1953
Reported in: AIR1954Kant54; AIR1954Mys54
Venkata Ramaiya, J.1. A question of limitation as regards the enforcement of an award passed under the Mysore cooperative Societies Act, is raised in this case. As the point involved is considered to be of importance and the decision is likely to affect other proceedings the case has been referred to a Division Bench.The award enforcement of which is objected to as being barred by time was passed on 17-12-1934. On a certificate issued by the Registrar under Section 43, Co-operative Societies Act on 24-11-1942 for execution of the Award in the Civil Court, Execution Case No. . 1544 of 42-43 was filed in Hassan Munsiff's Court on 24-5-1943 against the petitioner. No money was realised and the case was dismissed on 4-2-1944. Subsequently on a second certificate dated 25-5-1948 by the Registrar, Execution No. 1470/45-48 was filed in the Court of Small Causes, Bangalore. The petitioner objected to the execution but the objections were overruled in an order of 16-1-1947. Against this order h...
D. Siddaiah and anr. Vs. S. Rudrappa and anr.
Court: Karnataka
Decided on: Aug-11-1953
Reported in: AIR1954Kant49; AIR1954Mys49
Vasudevamurthy, J.1. These two appeals arise out of two orders passed by the Subordinate Judge, Chital drug who is the Election Commissioner for the area concerned. On applications filed before him, by the Respondents in these two appeals, he set aside the declaration of the Returning Officer whereby the Appellants had been declared duly elected to the Nayakanahatti Town Municipal Council from the first and eleventh division respectively. The difference between them and the Respondents was only one vote in the first case and four votes in the second. In the applications before the Election Commissioner the Respondents complained that this difference represented the votes of certain persons who were not qualified to vote under Section 12 of the Mysore Town Municipalities Act, which governs the elections. Under that section the voters must have attained the age of 21 years in the official year preceding that in which the election roll is published before they can have their names include...
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