Karnataka Court June 1962 Judgments
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H.V.R. Athre Vs. the Chief Secretary and anr.
Court: Karnataka
Decided on: Jun-14-1962
Reported in: AIR1963Mys171
ORDERA.R. Somnath Iyer, J.1. The question involved in this revision petition is whether a suit brought by the petitioner against His Highness Sri Jayachamaraja Wadeyar Bahadur who is defendant 2 in that suit without the consent of the Central Government certified by a Secretary to that Government is maintainable. This is how the question arises :-2. The petitioner who is the plaintiff in the suit brought by him in the Court below, sought an injunction against the Government of the new State of Mysore and against His Highness Sri Jayachamaraja Wadeyar Bahadur for a permanent injunction restraining them from infringing the copyright of the plaintiff in a work entitled 'History of Mysore (1399-1799)' and also for damages. The plaintiff's case was that his father, Rajacharita Visharada Rao Bahadur C. Hayavadana Rao was the author of the work in which the plaintiff claimed a copyright and which recorded the authentic history of Mysore based on the materials collected by the author. This wor...
Govind Alias Manjanath Phondu Naik Vs. Krishna Madhav Shanbhag Baleri ...
Court: Karnataka
Decided on: Jun-14-1962
Reported in: AIR1963Mys175
ORDERA.R. Somnath Iyer, J.1. The petitioner in this revision petition was the judgment-debtor in execution proceedings against whom certain properties were brought to sale and sold in lots at the instance of the decree-holder. The decree-holder purchased four items of properties and respondent 3 purchased three lots. The sale was held on June 10, 1957.2. On July 10, 1957, the judgment-debtor made an application in- which he stated that the decree had been adjusted out of Court by the payment of a sum of Rs. 1225/- by the judgment-debtor to the decree-holder and by the agreement between the parties for the recovery of the balance of the decretal amount in due course after the remission of a part thereof. The five per cent solatium which had to be deposited for payment to the auction-purchaser was also deposited in Court. But the Courts below dismissed the judgment-debtor's application on the ground that since the entire amount of the decree had not been paid by the judgment-debtor to th...
Virappa Mallappa Lali Vs. K.S. Deshpande
Court: Karnataka
Decided on: Jun-11-1962
Reported in: AIR1963Mys173; ILR1962KAR445
ORDERA.R. Somnath Iyer, J.1. These two revision petitions arise out of two applications presented by the petitioner under Rule 4 of Order XL of the Code of Civil Procedure in which he wanted an order for the recovery from the Receiver of the amount found to be due from him in respect of the loss occasioned by him. The Court of first instance refused to make such order. The petitioner then presented two appeals to the District Judge under the provisions of Rule 1 (s) of Order' XLIII of the Code of Civil Procedure. The District Judge dismissed those appeals since in his opinion they were incompetent. It is with the correctness of this conclusion reached by the District Judge that I am concerned in these two revision petitions.2. The relief which the petitioner wanted is stated in paragraph 10 of his application in each of these cases and that paragraph reads: -'It is therefore finally prayed that the Receiver be directed to furnish proper, legal and adequate accounts of his management up...
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