Court : Karnataka
Reported in : AIR1952Kant107; AIR1952Mys107; ILR1952KAR331; (1953)31MysLJ14
..... to be sold by the mortgagor and it was stipulated that the purchaser should pay a certain sum to the mortgagee and have the mortgaged property released from the security. the mortgagee was a con- consenting party to this arrangement and simultaneously with the sale deed a release in respect of the property sold was executed by the ..... paper showing the payment satisfied the condition that the fact of payment should appear in the handwriting of the person making it as required by section 20 of the limitation act and saved the execution application from the bar of limitation. in 'parthasarathi ayyangar v. ekam-bara', air 1938 mad 579, one of the properties comprised in a mortgage ..... . in that case after a decree for sale on a mortgage was passed in 1912, a part of the hypothecated property was taken up under the land acquisition act and the government paid the amount of compensation into court to the credit of the suit and the same was paid to the decree-holder subsequently. when the payment .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1954Kant152; AIR1954Mys152
..... the first day of march 1947, (left) any place in mysore.' the word 'leaves' in that context prima facie applies to a person leaving mysore after the coming into force of act 47 of 1949 in contradistinction to a person who has already left on or after 1-3-1947. it cannot apply in any case-to short temporary visits made to ..... that one wife and her children and two of his children by the first wife have all along been here. he has also found that their return had not been secured though some years have now elapsed and that that is an indication of the appellants being evacuees. the appellants have stated that they have applied to the authorities for ..... on account of disturbances, it would not necessarily make the appellants evacuees. it is well-known that on account of the disturbances the families who were living near the border of the two countries became separated and that has been one of the tragedies of the partition. the persons who are living in india at the time of the partition .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1955Kant81; AIR1955Mys81
..... text-book committees well in time and i think it is no answer to say that he or the director was not able to arrange such meetings for securing their recommendations in time before prescribing the books. the scheme of such selection suggests that more than a year is available for holding such meetings and consultations ..... books are different from text books, that the notification called for only text books without indicating the discontinuance of government publications from use. the explanation has some force as not even one amongst the several publishers of copy books sent any book by the appointed date and the 2nd respondent too does not state why he ..... absolute power was given to an officer in certain matters. the application of these principles cannot be avoided only because of the absence of a statute governing the acts of the director. it is not disputed that administrative orders may be challenged if these involve infringement of i constitutional rights or disregard of rules. in --' .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1959Kant39; AIR1959Mys39; ILR1958KAR239; (1958)36MysLJ458
..... observe that while order xxxiv rule 1 spoke of persons 'having an interest either in the mortgage security or in the right of redemption, section 91(a) of the t. p. act spoke of persons having interest in the mortgage property (not security) and also of persons having interest in the right to redeem. this important distinction between these ..... must be remembered that the deceased venkatamma had mortgaged not merely her share in the property but the entire property. section 91(a) of the transfer of property act provides that any person (other than the mortgagee of the interest sought to be redeemed) who has any interest in, or charge upon, the property mortgaged or in ..... 2nd defendant in which the plaintiffs had no interest. he proceeded to observe : 'there is undoubtedly much force in this contention. the phrase having an interest in the property appearing in section 91(a). transfer of property act is nowhere defined but it is now well settled that it has the same meaning as is attached to .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1960Kant150; AIR1960Mys150
..... the appellant and his part candidate for the reserved seat have got comparable numbers of votes and that indeed the appellant has secured a somewhat larger number of votes. we therefore find that this contention also has no force.(21) the appeal fails and is accordingly dismissed with costs (advocate's fee rs. 100/-).hegde, j.(22) i agree ..... the existence of a disqualification in respect of a candidate. clauses (b) and (c) relate to defects in fulfilling the requirements of secs. 33 and 34 of the act.the requirements under section 33 are : (i) that the candidate should present the nomination paper in person or by his proposer: (ii) that it should be presented between ..... qualification or is disqualified, cls. (b) and (c) provide for such rejection for failure to comply with the provisions of section 33 or section 34 of the act or on the ground that the signature of the candidate or the proposer on the nomination paper is not genuine. section 33 relates to the presentation of nomination papers .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1961Kant12; AIR1961Mys12
..... socialistic pattern are hardly indicative of judicial balance or restraint and certainly do not indicate the appropriate mode of securing the co-operation of another branch of administration.nor is the learned district magistrate's affirmation of his readiness ..... cr. p. c. he not only indulged in uncalled for and unwarranted imputations against the party in the case, bordering on defamation ..... to prejudice the court in matters subjudice...but also demonstrated in a spirit of defiance, his obvious contempt ..... of the subordinate police officials, attempted to violate the injunction order and to dispossess the petitioner by show of force.it would also appear that ramareddy moved the munsiff's court to take contempt proceedings against manikreddy and others for ..... for judiciary and the courts established by law, by indulging in criticism of judicial acts, amounting to contempt of court. he goes further to tantalise the court by sending copies of what he has .....
Tag this Judgment!Court : Karnataka
Reported in : 1961CriLJ111
..... socialistic pattern are hardly indicative of judicial balance or restraint and certainly do not indicate the appropriate mode of securing the co-operation of another branch of administration.nor is the learned district magistrate's affirmation of his readiness ..... cr.p.c. he not only indulged in uncalled for and unwarranted imputations against the party in the case, bordering on defamation... to prejudice the court in matters sub judice...but also demonstrated in a spirit of defiance, his obvious ..... also of the subordinate police officials, attempted to violate the injunction order and to dispossess the petitioner by show of force.it would also appear that ramareddy moved the munsiff's court to take contempt proceedings against manikreddy and others for ..... contempt for judiciary and the courts established by law, by indulging in criticism of judicial acts, amounting to contempt of court. he goes further to tantalite the court by sending copies of what he has written .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1961Kant1; AIR1961Mys1
..... and the secured creditor (particularly the state of mysore) are interested in seeing that the bid does not go below the mark reached on the last occasion.12. i agree with my learned brother that the contention of sri v. l. narasimha murthy, challenging the maintainability of the appeal is without force. section 483 of the indian companies act provides for an appeal ..... . section 13 of the mysore high court act, says that appeals against decrees, orders or sentences passed by a judge of the high court, in the exercise of the original civil and criminal jurisdiction conferred upon the high court under section 12 or vested in it under any law for the time being in force, shall, when allowed by law, be heard .....
Tag this Judgment!Court : Karnataka
Reported in : [1962]32CompCas168(Kar); ILR1960KAR1055
..... and the secured creditors (particularly the state of mysore) are interested in seeing that the bid does not go below the mark reached on the last occasion. 3. i agree with my learned brother that the contention of sri v.l. narasimha murthy, challenging the maintainability of the appeal is without force. section 483 of the indian companies act provides for an appeal ..... . section 13 of the mysore high court act says that appeals against decrees, orders or sentences passed by a judge of the high court, in the exercise of the original, civil and criminal jurisdiction conferred upon the high court under section 12 or vested in it under any law for the time being in force, shall, when allowed by law, be heard .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1962Kant5; AIR1962Mys5
..... would have the right to redeem and in their opinion the mortgage money does not 'become due' within the meaning of art. 132, lim. act until both the mortgage's right to enforce his security have accrued. this would of course also be the position if the mortgage exercised the option reserved to him.'it is, therefore, clear that in ..... high court of mysore is accepted such a term becomes superfluous and valueless as the mortgagor can get the right to redeem by committing the default. there is considerable force in these contentions of mr. adinarayanan rao. what is the effect of such a default clause in a mortage in which time for redemption has been fixed was considered ..... mr. adinarayana rao that rama subbiah issued exhibit ii only as a threat and the same cannot be considered to be an act of election on his part to make the mortgage money 'become due'. there is no force in this argument. rama subbiah had unequivocally called upon the respondent to pay up the entire money in exhibit ii. the .....
Tag this Judgment!