Karnataka Court June 1957 Judgments
K.N. Srinivasan Vs. C. Krishna Iyengar and ors.
Court: Karnataka
Decided on: Jun-24-1957
Reported in: AIR1957Kant74; AIR1957Mys74; (1957)35MysLJ157
1. This is an appeal against the dismissal of an application for revocation of Letters of Administration with the will of one Kadambi (as he has been called in the proceedings) annexed and granted to Respondents. The Petitioner is the brother of the testator's son-in-law. Respondent 1 is the brother of his wife ar.d the father of the 2nd Respondent. Respondent 3 is the daughter of the testator's brother. The Letters of Administration were granted in December, 1944 and the application for revocation of these was filed in February 1952.The two grounds mainly urged in support of the application are that the properties purported to be disposed of by the will did not belong to the testator and that he was not of a sound disposing mind at the time of the alleged execution of the will. Both these were negatived by the lower Court.2. Although evidence has been let in to show that at least some of the properties disposed of by the will did not belong to the testator, it is, we think, unnecessar...
Tag this Judgment!Mohamed Esoof Vs. V.R. Subramanyam and anr.
Court: Karnataka
Decided on: Jun-14-1957
Reported in: AIR1957Kant78; AIR1957Mys78; ILR1957KAR57; (1957)35MysLJ155
Sreenivasa Rau, J.1. This appeal 'arises from arbitration proceedings in which the present Respondent 1 was the sole arbitrator and the present Appellant and Respondent 2 were the two parties referring the dispute between them to the arbitrator. The latter filed an application under Sections 14 and 17 of the Arbitration Act. 1940, to the District Court, Bangalore, for a judgment and decree in terms of the award being pass-ed after notice to the parties.The Appellant objected to the award on various grounds and prayed 'that the award be declared a nullity or that it be set aside and if for any reason the Court did not do so to remit the award to the arbitrator for a proper adjudication or in the alter-native to modify or correct the award. Respondent 1 controverted the grounds and allegations raised in the statement of the Appellant and supported the prayer of the arbitrator. Though the case was posted for evidence and evidence was recorded, the learned Judge disposed of the matter on t...
Tag this Judgment!B.N. Krishna Murthy Vs. R. Subbanna and ors.
Court: Karnataka
Decided on: Jun-12-1957
Reported in: AIR1957Kant76; AIR1957Mys76
ORDER1. This petition relates to the election of two members to the Legislative Council of the State of Mysore from the Bangalore (Local Authorities) Constituency in May 1956. There were five candidates for the election, i.e., the present petitioner and the present respondents 1 to 4. The Petitioner and Respondent 2 were declared elected, thereupon Respondent 1 filed an election petition under Section 81 of the Representation of the People Act, 1951, calling in question the election of the petitioner and Respondent 2.An election tribunal was constituted for the trial of the election petitioner. Two points were urged in support of the petition : firstly, that the Returning Officer erred in ruling out 61 votes on the ground that the signatures of the voters were not duly attested as the attestor was not a gazetted officer of the Mysore Government or of the Central Government as required by law, and secondly, that as the numbers entered on the several envelopes in which the ballot papers ...
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