Court : Karnataka
Reported in : AIR1954Kant138; AIR1954Mys138
..... suffered loss' or damage, the burden of proof shifts on to the defendant, it is so on account of the special provisions in section 62 of the manitoba motor vehicles act, which was applicable to the case that was being considered by their lordships. even otherwise, on plaintiff proving certain facts, it may be possible to presume that unless the defendant .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1953Kant125; AIR1953Mys125; ILR1953KAR201
..... the eye-witnesses than as usual with the other circumstances appearing in the case witha view to find out whether the evidence of the eye-witnesses could be accepted and acted upon.10-11. there are several circumstances in this case which go to show that the prosecution version, as detailed by the eye-witnesses is not free from doubt. ..... eye-witness is discarded as regards one accused, the same should be discarded as against all the other accused and that the learned sessions judge was quite correct in acting on the evidence of the eye-witnesses. his argument is that the evidence of the two eye-witnesses has to be accepted and that their evidence leaves no room ..... and 16) when he discarded the said evidence as regards accused 8 and that the inherent improbabilities in the version given by the eye-witnesses makes it quite unsafe to act on them; and (3) that the evidence of the eye-witnesses is not strictly consistent and definitely opposed to the evidence of the doctor, (p. w. 17) and the .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1953Kant92; AIR1953Mys92; ILR1953KAR357
..... of the pull bench: 'it is therefore impossible, according to the dharma sastras, to say that for purposes of continuance of the family line and religious ceremonials or acts (gotra and pinda) the adoption must relate back to the death of the adoptive father, while as regards property (riktha) it cannot have that effect'. the texts ..... dissociated from each other. it is, therefore, impossible according to the dharma sastras to say that for purposes of continuance of the family line and religious ceremonials or acts (gotra and pinda) the adoption must relate back to the death of the adoptive father, while as regards property (riktha) it cannot have that effect. in this ..... the souls of their deceased husbands for a score of years or more, suddenly get anxious about them and adoptions evidenced by registered documents come into existence. act 10 of 1934 raises a presumption of the widow having the permission of her husband for an adoption. persons who have inherited the property a good many years .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1954Kant134; AIR1954Mys134
..... there has been such a fraud on the part of the insured as would vitiate his contract of insurance with the defendant company and that section 45 of the insurance act does not help the plaintiff. the decision of the lower appellate court is, therefore, correct. 14. in the result this appeal fails and is dismissed. as regards ..... fraudulent since it would amount to active concealment of a fact by one having knowledge or belief of the fact within the meaning of section 17 of of the contract act and that the company was therefore, entitled to repudiate the claim on the policy. 7. 'maneklal kalidas v. shivlal dayaram', air 1939 bom 161 (e) is the ..... his life by insuring for much larger sums than he could afford and his taking up the insurance policies of the company in those circumstances was not a 'bona fide' act on his part. the additional subordinate judge, chickmagalur, who tried the plaintiff's suit decreed it. on appeal, the district judge of shimoga reversed that decision and dismissed .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1954Kant132; AIR1954Mys132
..... cases of injustice and when failure to file application in time is shown to be due to unavoidable reasons as in case in which delay is condoned under the limitation act, that the house rent controller might use his discretion in interfering with the agreement arrived at between the parties. no such case is made out. the revision petition is allowed ..... proceeds to fix the fair rent when no application is filed within time allowed by law. if he does so he will be defeating the very purpose for which the act has fixed a period of limitation for obtaining such a relief. 4. according to the section, as it stood in the house rent control order, 1948, no period of ..... of rent is made, is filed more than three months from the date the increased rent is demanded or paid, such an application is barred by time. under the present act it is enacted that whether there is enhancement of rent or not an application for fixation of fair rent must be preferred within a period of three months from the .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1954Kant128; AIR1954Mys128
..... that when out of two joint brothers one of them renounced his interest, the question whether the two brothers really intended to separate depends not merely on the act of format renunciation but from the intention as gathered from their conduct and that where a joint brother renounced his interest in the joint property, the person renouncing ..... purchases in favour of the family of himself and the plaintiff. a clear intention to waive such separate rights is required to be established and cannot be inferred even from acts which may have been done merely from kindness or affection or by mere physical mixing of the ancestral and self-acquired properties; see -- '50 mys hcr 177 (d ..... the same was contributed from the family chest or from the sale or mortgage of any family properties. section 6(1) of the hindu law women's bights act provides that property acquired by a member of a joint hindu family without material and direct aid from property belonging to the joint family shall be deemed to be .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1964Kant190; AIR1964Mys190
..... 5 (1) is the turn-over for the entire assessment year, in computing the tax payable that portion, of the turnover which relates to transactions effected before the 'act' came into force should be assessed to tax according to the provisions of the relevant repealed enactment, but the turnover relating to the transactions effected on or after 1 ..... resulting in such liability. in other words he should not be a dealer who is exempt from liability under that section.10. it may be remembered that the act replaces various sales tax enactments which were in operation in the different integrating areas which went to make up the new state of mysore and under those enactments the ..... sales of the specified goods in question coming under schedule ii in respect of which the sale took place, irrespective of its taking place prior to or after the act came into operation, and the dealer who makes the transaction being liable trader the section, will not have been satisfied.12. in this connection, it should be .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1954Kant175; AIR1954Mys175
Venkata Ramaiya, J.1. This is a plaintiff's appeal against the dismissal of a suit for damages claimed on the ground of wrongful termination of service. The plaintiff who is a graduate in Agriculture was appointed Farm Superintendent on a salary of Rs. 300/- in the grade Rs. 300-25-500 on prohibition for 1 year, entered on his duties as such on 10-8-1946 and was served on 23-11-1946 with a notice intimating termination of his employment from 9-12-1346. He issued a notice on 23-1-1947 alleging that the termination of service was wrongful but the defendant in its reply of 21-3-1947 maintained that it was justified. Thereupon the suit was filed on 5-4-1947 seeking payment of Rs. 2487-1-6 as salary for unexpired period of appointment, Rs. 331-10-0 high price allowance, compensation of 1000-0-0 for mental worry, of 2000-0-0 for loss of reputation, of 500-0-0 for loss due to dislocation of affairs and 25-5-6 as notices charges, in all Rs. 6344-1-0.Defendant denied liability to pay any amount...
Tag this Judgment!Court : Karnataka
Reported in : AIR1953Kant156; AIR1953Mys156; ILR1953KAR440; (1954)32MysLJ12
..... of justice; and that wherever any body of persons having legal authority to determine questions affecting the rights of subjects and having the duty to act judicially, act in excess of their legal authority they are subject to the controlling jurisdiction of the king's bench division exercised in these writs. the conditions ..... granted by the duly authorised & empowered officers of government & even after confirmation on appeal to government. this is .....directly opposed to section 70 of the act which declares that the right of occupancy is a heritable and transferable right subject to the payment of land revenue to government. the learned advocate-general when ..... cases an assistant sessions judge had passed an order holding that the defendant in a suit pending before him was an agriculturist under the deccan agriculturists' relief act. on review his successor reversed that order. there is no discussion there on the principles involved. the learned judge merely held that the code of civil .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1954Kant145; AIR1954Mys145
..... original bidder, sriranga setty, according to the latter's instructions. one of the duties cast on the vendor by section 55(1)(d) of the transfer of property act is, on payment or tender of the amount due in respect of the price, to execute a proper conveyance of the property when the buyer tenders it to him ..... power to act.' that is clearly an understandable position. by writing ext. m to the plaintiff the secretary was not imposing any additional or new burden or responsibility on the municipal commission. ..... . t. s. desikachar who was the manager of the municipal commission has admitted in his evidence that the 'president sees every 'tappal'. at times the secretary used to act according to the instructions of the president..... ex. m was notbrought to the notice of the president. ext. m is a routine paper. on routine papers the secretary had .....
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