Court : Karnataka
Reported in : AIR1952Kant107; AIR1952Mys107; ILR1952KAR331; (1953)31MysLJ14
..... v. venkataswami naidu'. 44 mad 544 with approval. in 'narasimha rama aiyab v. ibrahim', 56 mad lj 630, the distinction between section 19 and section 20 of the limitation act is discussed and it is observed that co-heirs who become liable as such for the debt of a deceased do not come within the words of the section and ..... 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 deed ..... debtor. 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 was .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1952Kant134; AIR1952Mys134; ILR1952KAR323
..... was a minor at the time o. s. 35/45-46 was filed, he had attained majority by the time his mother purporting to act as his next friend consented to the compromise. his mother could not act as the next friend after he attained majority and she- was in no way his agent to bind him by her consent. the decree .....
Tag this Judgment!Court : Karnataka
Reported in : 1952CriLJ1522
..... any assertion inconsistent with facts proved by the prosecution, cannot amount to an explanation to make the presumption unavailable to the prosecution under section 114 (a) of the act.7. in the case under consideration, the prosecution has proved that the cattle were missing from the custody of p.w. 2 who it is established is the ..... his explanation.6. the crucial question for decision is, the nature of the explanation that could rebut the presumption that may be raised under section 114 of the evidence act. the calcutta high court moktarali v. emperor : air1945cal421 has laid down thatwhere the property in possession is identified as being part of the property stolen at the time ..... the prisoner is reasonably true and accept the explanation or not in the light of the entire evidence adduced in the case.4. under section 114 of the evidence act, the court may presumethat a man who is in possession of stolen goods soon after the theft, is either the thief or has received the goods knowing them .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1952Kant141; AIR1952Mys141
..... and stated that the petition is collusiveand filed to defraud the honest creditors andthat, at all events, the claim is unconscionableand excessively high and contrary to the letpractitioners act and also the civil rules orpractice and circular orders of this high courtin the matter of taxing costs.4. the claim of the petitioner is sought to be ..... there are advocates and pleaders who do the entire legal work. there is neither law nor any rule governing the advocate's lien for costs on the analogy of solicitors act of 1860. in a similarcase before the high court of madras -- 'krish-namachariar v. official assignee of madras', air 1932 mad 256, beasely c. j. and cornish ..... j. observed that 'there is no enactment in this country recognising the particular lien for costs which is sanctioned by the solicitors act of 1860, in fa your of a solicitor upon property recovered by his exertions for a client though it has been held that solicitors who have been admitted as .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1952Kant80; AIR1952Mys80; ILR1952KAR344
..... schedule ii of court-fees act. mr. venkataranga iyengar represents that it may be that his suit does not fall under clause (iv) (c) at alt so that the proviso will have no application but ..... court that the suit was one where it was not possible to estimate in money value the subject matter of the dispute and was not otherwise provided for by the act and that the relief for a declaration which the plaintiff wanted was not one capable of valuation. consequently court-fee was to be levied under article 11 (b) of ..... those restrictive covenants.the plaintiff valued the reliefs for purposes of jurisdiction and court-fee at rs. 3080 under section 4(iv) (c) of the proviso to mysore court-fees act. he valued at its market value the area of what he called 'the disputed area', that is the open spaces on which he objected to the defendants' building and paid .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1953Kant4; AIR1953Mys4
..... time of the dissolution. the claim for payment was therefore construed in that case as based on the relationship of partnership and arising directly under the provisions of the partnership act. that case was followed by grille j. of the nagpur high court in -- 'chhotelal nanakram v. gopaldas gulabdas' . he held that the words in sub-section (1) 'suing ..... the amount the plaintiff might have been entitled to recover the excess amounts he had paid on behalf of the defendant under section 70 or section 69 of the contract act. but as the case stood the plaintiff had to base his claim on the relationship arising out of the partnership and he could not therefore recover.in that case ..... plaintiff paid the entire tax and sued the defendant for contribution. beaumont c.j. held that the language of sub-sections (1) and (2) of section 69, partnership act, is wide enough to cover suits relating to a dissolved firm and sub-section (1) covers a suit by a plaintiff suing in respect of a right vested in him .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1952Kant129; AIR1952Mys129; ILR1952KAR379
..... became divested of his rights in the suit properties which became vested in the adopted son. he refers to section 9(2)(a) of the hindu law women's rights act of 1933 and argues that according to it the effect of the adoption is to divest the widow of her estate even in her stridhana property which she has got ..... entitled to hold the estate until the adoption.moroever, in mysore we are governed by the hindu law women's rights act of 1933 v (sic) defines the rights of the widow in such (sic) section 10(1) of that act defines stridha(sic) as being property belonging to a hindu female other than property in which she has by (sic) or .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1952Kant125; AIR1952Mys125
..... suit mortgage in favour of his own wife saroja bai (defendant 5) on 16-5-1929 under a nominal document not intended to be acted upon by the parties. nevertheless defendant 4 continued to be in possession of the suit property. the plaintiff sued defendant 3, obtained a ..... singh v. yakub khan', air 1929 p.c. 139, lord tomlin observed:'their lordships are of opinion that under section 63, t.p. act, the money has been payable and the plaintiff is entitled to a money decree for the same, but if the money has become payable under ..... interest only of the amount advanced under the mortgage-deed. it is only in other cases that section 67(a) of the mysore act prohibits a suit for sale by the mortgagee. but such a case as the one on hand is not hit by that provision of ..... law and hence is outside the mischief of section 67(a) of the mysore transfer of property act. in any view of the matter. i am of the opinion that the mortgagee can sue for the recovery of the mortgage money .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1953Kant145; AIR1953Mys145
..... of the present case are similar to that in the patna case and attract-the principles laid down therein. section 2(ii), (mysore) dissolution of muslim marriages act, 1943, corresponding to the indian act, 1939 runs thus:'a woman married under muslim law shall be entitled to obtain a decree for the dissolution of her marriage on any one or more of .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1953Kant40; AIR1953Mys40
..... and parties joined issue only on matters pertaining to the legality of the levy, implying thereby that objection, if any, to the notices was waived. section 178, town municipalities act cannot be viewed as being stricter than s. 80, civil p. c. as regards the need for a proper notice before a suit is filed. the provisions are analogous ..... about it, the learned munsiff thought it necessary to scrutinise the contents of the notices and hold that these do not satisfy the provisions of s. 178 of the act. further no finding has been recorded on the issues framed in the case in spite of the parties having adduced evidence about the same. if the court felt ..... by consent of parties the suits were tried together with evidence common to both. the suits were dismissed on the ground that the requirements of s. 178, town municipalities act are not satisfied. the decision is confirmed in appeal. the plaintiffs in the two suits therefore appeal. 2. it is curious that although no objection is taken to the .....
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