Karnataka Court January 2000 Judgments
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B. Jayashankarappa and Others Vs. D.S. Gulwadi
Court: Karnataka
Decided on: Jan-04-2000
Reported in: AIR2000Kant359; ILR2000KAR2173; 2000(4)KarLJ35
ORDER1. This second appeal arises from the judgment and decree dated 13-7-1984 passed by the Additional Civil Judge, Shimoga, in Regular Appeal No. 43 of 1979 whereby the First Appellate Court allowed the defendant's 1st appeal and set aside the judgment and decree dated 31-1-1979 passed by Principal Munsif in Regular Suit No. 55 of 1974 and dismissed the plaintiffs' suit for redemption.2. The facts of the case in the nutshell are that, the above mentioned plaintiffs-appellants filed the suit for redemption of mortgage with allegations to the effect that suit scheduled property which was described in the plaint schedule originally belongs to the plaintiffs' father Siddappa who had executed a deed of mortgage on 25-7-1951 Ex. P. 3 in favour of the defendant-respondent for a sum of Rs. 2,000-00 only with a condition that Siddappa, father of the plaintiffs since deceased, was to make payment of the amount of Rs. 2,000-00 borrowed from the defendant-respondent, within six months from the d...
Smt. Nagarathnamma Vs. Smt. Venkatalakshmamma and Others
Court: Karnataka
Decided on: Jan-03-2000
Reported in: AIR2000Kant181; 2000(2)KarLJ484
1. This appeal under Order 43, Rule 1 of C.P.C. has been filed by the plaintiff/appellant in the Trial Court from the judgment and order dated 13-8-1997.2. The facts of the case in brief are that, the present plaintiff/appellant filed the suit for declaration that she is the legally wedded wife of deceased S. Narayanaswamy and she is entitled to receive the benefits of family pension and other monetary benefits of the deceased S. Narayanaswamy. She also prayed for a decree for injunction against the defendant 3 i.e., the present respondent 1 prohibiting and restraining her from withdrawing any of aforesaid benefits. The defendants 1 and 2 to the suit namely, the Secretary of the Karnataka Electricity Board and the Assistant Executive Engineer, Karnataka Electricity Board, filed joint written statement, whereas the 3rd defendant, who is present respondent 1, filed a separate written statement.3. The plaintiff/appellant asserted herself to be the legally wedded wife of Sri S. Narayanaswa...
State of Karnataka Vs. Angadi Siddappa
Court: Karnataka
Decided on: Jan-03-2000
Reported in: ILR2000KAR1465; 2000(4)KarLJ247
1. Interesting aspect of the law relating to the acceptability of expert evidence has fallen for determination in this criminal appeal. The short issue is as to whether, in the face of opinion evidence tendered by a Doctor which has not been challenged in cross-examination, it would be open to the Court to disregard this evidence if the record justifies such a procedure. For purposes of elaborating the circumstances under which this issue has arisen we briefly recount the facts.2. On 24-1-1991 at about 12.30 in the afternoon the accused Siddappa is alleged to have assaulted P.W. 1-Sharanappa with a pickaxe which is really a wood cutting implement used by the villagers for cutting small branches etc. According to the prosecution, the background to the incident was that about three months earlier, Sharanappa is alleged to have let loose his bullocks in the land of the accused who is his relation and this caused some damage, as a result of which there was an altercation which was still si...
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