Karnataka Court April 1977 Judgments
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Samuel Thyagaraja Kumars Vs. K. Sitarama Achar
Court: Karnataka
Decided on: Apr-12-1977
Reported in: AIR1977Kant158; ILR1977KAR992; 1977(2)KarLJ1
G.K. Govinda Bhat, C.J.1. This appeal by judgment-debtor No. I in a mortgage-decree is directed against the order dated 6th October 1976 made in Execution Case No. 63 of 1975 on the file of the Court of the Civil Judge, Mangalore, South Kanara, overruling the appellant's objections for sale of the mortgaged properties.2. Respondents I to 4 obtained a decree on the basis of three mortgages in 0. S. No. 63 of 1973 on the file of the Court of the Civil Judge, Mangalore, South Kanara, A preliminary decree was passed on the basis of a joint memo filed by the parties on 26-3-1974. Under the terms of the said decree, judgment-debtors were liable to pay to the decree-holders a sum of Rs. 1,00,000/- with interest thereon at the rate of 6 % per annum from the date of suit till the date of payment besides costs of the suit. Time was allowed for payment till 26-9-1974, Judgment-debtors having failed to Pay the decretal amount, the decree-holders applied for a final decree, and a final decree was p...
The Hukumchand Insurance Co. Ltd. Vs. the Bank of Baroda and ors.
Court: Karnataka
Decided on: Apr-05-1977
Reported in: AIR1977Kant204; ILR1977KAR980
Venkatachaliah, J.1. This appeal by the second defendant, an Insurance Company under the name and style Hukumchand Insurance Company is directed against the judgment and decree dated 3-2-1973 in 0. S. No. 9 of 1970 on the file of the Court of the II Additional Civil Judge, Belgaum, by which the Court below held the second defendant liable to the suit claim to the extent of Rs. 1,66,231-15 on the basis of a Credit Indemnity Policy dated 28-12-1967 issued by it in favour of the plaintiff.2. The facts in so far as they are material for the disposal of this appeal, are the following:Plaintiff, Bank of Baroda, is a Nationalised Bank. Defendant No. 1 is a firm of partners, of which defendants I (a) to I (f) are stated to be the partners. On 28-1-1967, first defendant executed what is styled as a 'Cash Credit Agreement' with the plaintiff and secured cash credit facility to the extent of Rs. 2,00,000 for the purpose of its business,. By way of security the moveable assets of the firm were hyp...
Syed Shah Mohd. Hussaini and anr. Vs. KhutbuddIn and ors.
Court: Karnataka
Decided on: Apr-04-1977
Reported in: AIR1977Kant223; 1977(1)KarLJ374
ORDER1. This revision raises a short but an important question which relates to the power of the Court to issue a warrant of arrest to secure the presence of a witness.2. All that I need state the facts are these:Respondents 1 to 3 filed a suit claiming certain rights as 'Fakeers' over the Durgas at Gulbarga. The petitioners who are defendants 2 and 3 therein, to be Sajjadanashin of different religious institutions at various places. The plaintiffs have taken a very bold stand. They have summoned the defendants as their witnesses. Indeed, it is a very unusual practice and has been condemned by Courts as wholly undesirable. (See Shatrugan Das v. Sham Das . The implications of their action are that they have to accept their opponents as witnesses of truth.The summonses issued to the petitioners were served, but they were not present when the suit was taken up for evidence. One of the petitioners had sent an application for adjournment stating that he was suffering from stomach-ache. The ...
Sri Muniyellappa Vs. B.M. Krishnamurthy and ors.
Court: Karnataka
Decided on: Apr-04-1977
Reported in: AIR1977Kant137; ILR1977KAR700; 1977(1)KarLJ389
G.K. Govinda Bhat, C.J.1. This appeal arising out of the proproceedings initiated before the Land Tribunal, Bangalore South Taluk (respondent No. 4) on the application of the appellant under S. 4-A(1) of the Karnataka Land Reforms Act, 1961, (hereinafter called 'the Act') is directed against the order dated Oct. 21, 1976 made in W. P. No. 3288 of 1976 by Bhimiah, J., allowing the said Writ Petition and quashing the order of the Land Tribunal dated Feb. 20, 1976 granting the application of the appellant for registration of occupancy in respect of three agricultural lands in Survey Nos. 19/2, 65 and 94, measuring in all, 11 Acres and 29 Guntas, situate in Vijanapur village, Krishnarajapura Hobli, Bangalore South Taluk overruling the contention of respondents I and 2 that the said lands are under their personal cultivation.2. Stated briefly, the facts relevant for the purpose of this appeal are: Three lands which are the subject-matter of the proceedings before the Land Tribunal are situa...
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