Court : Karnataka
Reported in : AIR1955Kant3; AIR1955Mys3; ILR1954KAR413; (1956)34MysLJ7
..... contract by paying the balance of purchase money and taking the sale deed and are clearly entitled to obtain specific performance against defendant 1.4. under section 27 of the specific relief act specific performance of a contract may be enforced not only against either party thereto but also any other person claiming under him by a title arising subsequent ..... that the plaintiff has been ready and willing to perform his part of the contract and that where the suit is against a subsequent purchaser the conditions mentioned in section 27 (b) must be averred and proved. the learned judge who decided that case has not referred to any of the above cases and has made only a ..... and could not therefore claim specific performance. i am not therefore inclined to agree with his observation which appears to be more in the nature of 'obiter'.that section is based on the equitable principle that from the time of the contract for the sale of the property the vendor is in the position of a trustee for .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1957Kant74; AIR1957Mys74; (1957)35MysLJ157
..... relates to the want of a sound disposing state of mind in the testator and his being subject to coercion or undue influence while executing the will. section 263 of the indian succession act requires 'just cause' for revocation and as to what is 'just cause1 is enumerated in the explanation under five different heads. sri narasimha murthy the learned ..... regarded as concluding the plaintiff as to the title to the estate either under section 13 of the civil procedure code, or under the general principles of res judicata'.our attention has not been drawn to any case in which a probate court was called ..... ilr 4 cal 1 (d) '). and it is noteworthy that a proceeding under the probate and administration act is not a suit properly so called, but takes the form of a suit according to the provisions of the civil procedure code (see section 83). that being so, we do not see how the judgment of the allahabad high court could toe .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1958Kant102; AIR1958Mys102; (1958)36MysLJ73
..... agricultural income-tax was charged under the act, for the assessment year 1951-52. 36. the learned advocate-general has argued ..... that the effect of the enactment of this amending act, was that, the impugned principal act must be deemed to have come into force on 1-4-1951 and that as stated in the explanation to sub-section (3) of section 1 of the amended act the income derived by the petitioner from 1-4-1950 to 31-3-1951 was the income on which ..... derived by the assessees from 1-4-1950 to 31-3-1951 shall be taken as the income for assessment.' it is not disputed that this amending act came (into force consequent on the issue of the required notification under sub-section (3) of section 1 of the amending act. nor is the constitutionality of this amending act assailed. it is urged by the learned .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1959Kant65; AIR1959Mys65; 1959CriLJ347; (1958)36MysLJ744
..... . in the wake of the reorganization of states in 1956 there were some disturbances in belgaum in consequence of which orders were issued under section 144 of the criminal procedure code and also under section 37(1) of the bombay police act by the district magistrate of belgaum. breaches of these orders were committed or attempted to be committed by certain agitators and some were ..... code of criminal procedure which comprises such offences as promoting enmity or hatred between different classes of citizens, deliberate and malicious acts intended to outrage religious feelings of any class of citizens, publication of statements intended to cause disaffection in the army or to cause alarm whereby persons may be induced to commit offences against public tranquillity, etc.in the light of .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1960Kant97; AIR1960Mys97
..... put to him in cross-examinations. still the majority of the judges constitutions the full bench held that the party producing such documents can be permitted under section 21, evidence act, to use them as substantive evidence in the case without drawing in cross-examination the attention of the opponent to these admissions.in this respect, the full ..... in this case there is no conflict between the sworn word in court and the previous admission in the case, and therefore, is outside the ambit of section 145 evidence act and therefore, it follows that it is outside the rule laid down by their lordships of the privy council in bal gangadhar tilak v. shrinivas pandit, ilr ..... the gift. in the absence of such a transfer, the gift become invalid. further support is found for this view by the enactment of section 129 of the transfer of property act which categorically states as follows:'nothing in this chapter relates to gifts of moveable property made in contemplation of death or shall be deemed to .....
Tag this Judgment!Court : Karnataka
Reported in : (1960)ILLJ201Kant
..... distinct from the right conferred by sub-secs. (1) and (2) of s. 33 of the industrial disputes (appellate tribunal) act, 1950 [corresponding to sub-secs. (1) and (2) of s. 36 of the industrial disputes act, 1947].' 12. a party has always a right to represent himself. that right is undoubtedly a substantive right and, as remarked in ..... resulting in grave prejudice to the petitioner and that it offends art. 14 of the constitution as it places the parties in a position of inequality. 6. section 36 of the industrial disputes act, 1947, reads as follows :- 'representation of parties. - (1) a workman who is a party to a dispute shall be entitled to be represented ..... duduwala & co. was rightly rejected. it is enough to say that there is no question of circumvention through this method of appointment by special power of attorney. section 36 mentions certain specific ways of representation, and appointment through a special power of attorney is not one of them. a person, therefore, be he a lawyer or .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1960Kant205; AIR1960Mys205
..... 47-48 clearly shows that the was merely filing the award into court under the provisions of section 11(2) of the mysore arbitration act as directed by or on behalf of the arbitrator col. bush, who had been requested by the chief engineer, southern army, who was one of the parties to the arbitration, to cause the award to be ..... miscellaneous petition be granted.the effect of this, i take it, was that a decree so passed was put into execution and some properties were attached in execution 332 of 1950-51. in september 51, two applications came to be filed, viz. mis. no. 109 of 51-52 and 120 of 51-52. the former was presented by b. ..... him to file the same in court.he, therefore, prayed that the award may be filed in court after issue of notice to the parties viz. (1) chief engineer, southern army, poona, and (2) patel venkataswamappa and brothers, byappanahalli, hebbal p. o. bangalore. the order sheet shows that the first respondent, chief engineer, received notice, appeared through counsel .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1963Mys81; ILR1960KAR766
..... 1951, an elector for an assembly constituency of a state is qualified to stand for election to a legislative assembly of that state. section 19 of the representation of the people act, 1950, entitles a person who is not less than twenty one years of age and who is ordinarily resident in a constituency of a ..... chief whip;(b) the offices held in the national cadet corps raised and maintained under the national cadet corps act, 1948 (central act xxxi of 1948), in the territorial army raised and maintained under the territorial army act, 1948 (central act lvi of 1948) and in the auxiliary air force and the air defence reserve under the reserve and ..... auxiliary air forces act, 1952 (central act lxii of 1952):(c) the, office of the secretaries of the district development boards constituted by the .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1961Kant106; AIR1961Mys106
..... election of the appellant. 151. now, in order that that result might be produced by the publication, the corrupt practice must full within clause (b) of sub-section (1) of section 100 of the act, which reads : '100. grounds for declaring election to be void :-- (1) subject to the provisions of sub-sectiion (2), if the tribunal is of ..... we shall therefore first consider the question whether on january 3, 1957 the appellant and the respondent were both candidates. 118. now, a candidate is defined by section 79(b) of the act. that section reads: '79. definitions. in this part and in parts vii and viii, unless the contest otherwise requires. * * * * * (b) 'candidate' means ..... that there was no foundation for the allegation that there was any excessive expenditure incurred or authorised by the appellant in contravention of the provisions of section 77 of the act. that charge, in our opinion, must therefore fail. 86. we next proceed to consider the charge that a corrupt practice had been committed .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1962Kant196; AIR1962Mys196
..... court, it would be no longer be possible for the military authorities to ask for an order for delivery of the offender under section 549 of the code of criminal procedure. section 125 of the army act which confers which tribunal the offender shall be tried, does not provide for the delivery of the offender to the military authorities. the ..... delivery to them.(6) the clear effect of the three statutory provisions to which i have referred, viz., section 125 of the army act, section 549 of the code of criminal procedure and rule 3 of the rules framed under section 549, is that if a person commits an offence for which he could be tried under the code of ..... .(10) this argument rests entirely upon the expression 'shall be instituted' occurring in s. 125 of the army act. i do not consider this argument to be substantial.(11) it is no doubt true that section 125 of the army act, says that it is for the military authorities to decide whether the proceedings shall be instituted before a criminal .....
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