Court : Karnataka
Reported in : AIR1952Kant116; AIR1952Mys116
..... himself in the body of the pronote and while signing it as a partner of another. yet it was held that the partner was not liable. in 'dutton v. marsh', (1871) 6 q.b. 361, the pronote bore the seal of a company of directors of which they were the executants and they described themselves as such in the instrument. nevertheless .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1952Kant131; AIR1952Mys131; ILR1951KAR486; (1953)31MysLJ103
..... district judge held that a partnership firm had come into being according to the terms of exhibit a the partnership deed and had also been registered under the partnership act. he therefore passed a preliminary decree declaring that the partnership be dissolved with effect from 8-3-1945, and directing the taking of accounts with a view to ..... to belong to them together with interest thereon or a share of the profits, whichever they choose, in accordance with the principle of section 37 of the indian partnership act. that section provides: 'where any member of a firm has died or otherwise ceased to be a partner, and the surviving or continuing partners carry on the ..... per annum on the amount of his share in the property of the firm.'he argues that the plaintiffs may invoke the provisions of section 65 of the contract act to recover the benefits or any advantage which the defendants may have realised under a void agreement. that section provides that under an agreement discovered to be void .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1953Kant8; AIR1953Mys8
..... manifestly wrong and orders based on wrong findings must necessarily be erroneous but even so it cannot be said that either the government or the learned labour commissioner acted without jurisdiction or beyond their jurisdiction. it is well settled that the issue of a writ of certiorari is not only discretionary but exceptional and, what is ..... before this court.10. the jurisdiction exercised by this court in the matter of issuing writs is limited tocases where the authority whose action is questioned has acted without jurisdiction or in excess of jurisdiction. sri rajah iyer has not been able to show that the tribunals concerned had no jurisdiction to enquire into the ..... government, in coming to a different conclusion from that of the controller, were influenced by irrelevant and extraneous considerations not at all warranted by the rent control act and that the said determination by both the latter tribunals is not merely wrong in law on the face of it but tantamounts to a defect in the .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1953Kant132; AIR1953Mys132
..... any conditions.'boys j. the other judge constituting the bench in the same case observed that: 'the legislature has given the high court and the court of session discretion (to act under section 497) unfettered by any limitation other than that which controls all discretionary powers vested in a judge viz., that the discretion must be exercised judicially.' 6. a later .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1953Kant113; AIR1953Mys113; ILR1953KAR114
1. The question raised in this case is whether an adoption by a Hinduwidow affects alienation of family properties prior to the adoption when the alienor was the sole surviving coparcener. The undisputed facts of the case are that the properties specified in plaint schedules belonged to a joint Hindu family consisting of Kolli Sanna Veerappa and his only son Hanumappa. The son died on or before 1934 leaving a widow Hanumavva and his father. On 9-8-1936, the suit properties were sold by the father Sanna Veerappa to one Subba Rao. The plaintiff relies on this sale to support his title. On 27-9-1937 Hanumavva the daughter-in-law of Sanna Veerappa sued him and his alienee for a share in the properties. The suit was dismissed.Defendant 2 is said to have given defendant 1, his son, in adoption to Hanumavva on 23-7-1936 and on the strength of this adoption the plaintiff's claim to the properties is challenged. The proceedings under Section 145, Criminal P. C., ended with an order under Sectio...
Tag this Judgment!Court : Karnataka
Reported in : AIR1953Kant55; AIR1953Mys55; ILR1953KAR134; (1954)32MysLJ128
..... dismissed the application and as the defendant has failed to take the oath, decreed the suit as prayed for.2. it will be noticed that so far as the oaths act is concerned, it empowers the court to issue a commission to administer the oath and it also states that the evidence so given shall as against the person who offered .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1953Kant22; AIR1953Mys22; ILR1953KAR152
1. These two appeals are by the plaintiff who filed a suit for declaration of his title to, and for possession of, the schedule property with mesne profits. The Munsiff decreed the suit while the learned Subordinate Judge allowed the appeals filed separately by defendant 3 and defendants 1 and 2.2. The dispute leading to the litigation has been fully set out in the judgments of the two courts below and for the present purpose a brief summary of the salient features will be stated.3. The plaintiff purchased the undivided 1/3 share of the properties belonging to the joint family of the 1st defendant and his two brothers for a sum of Rs. 500/- under a registered sale deed dated 8-7-1839 and he is said to have paid the consideration therefor under a receipt dated 12-7-1939. The first defendant could not, and in fact did not, put the plaintiff in possession of the property sold for the obvious reason that the share was undivided. Under a later general partition dated 25-4-1946 the first def...
Tag this Judgment!Court : Karnataka
Reported in : AIR1953Kant130; AIR1953Mys130
..... the property hypothecated will ultimately have to be sold for the money due on the hypothecation bond and the interest thereon. to my mind, the maternal uncle of the plaintiff acted wisely and in the very best interest of the minor. it has to be remembered that out of the sale amount of rs. 400/- the amount necessary for the ..... knocked off by decree-holders for the decree amounts alone. the maternal uncle of the plaintiff who it has not been shown had anything but love towards the plaintiff acted for the benefit of the minor in selling away one of the two properties and in discharging the decree debt.it is contended that the other item of property which ..... minor, power to sell or mortgage his property. it has been observed in -- 'chennappa v. dumania thippe rudrappa', 19 mys lj 199 (a) that 'under the hindu law the acts of such 'a de facto' guardian if beneficial to the minor orfor necessity are recognised and held binding on the minor.'3. the point for consideration therefore is whether the .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1953Kant137; AIR1953Mys137; ILR1953KAR165
..... gowda v. kemparasa', 10 mys lj 117 (a).'while the high court is not precluded from interfering with the first appellate court's decision under section 5 of the limitation act, itshould not ordinarily upset the decision of the lower appellate court if it is based on a proper exercise of discretion, whatever inferences the high court, itself sitting as a ..... using the discretion. that does not mean that the fact that the delay is short is by itself sufficient in all cases for condoning the delay. under section 5, limitation act, the delay can be condoned 'when the appellant satisfies the court that he had sufficient cause for not preferring the appeal within the period allowed by law.' the cause for ..... spite of the fact that in this case the delay is short it cannot be said that there is sufficient cause within the meaning of section 5 of the limitation act.5. one should not easily be led away by the fact that the time of delay is short, as it must be remembered that the respondent gets a right .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1953Kant123; AIR1953Mys123; ILR1953KAR123
..... the infant and as it is not suggested that the child is not being properly cared for, we cannot grant the petition'. subsequently she filed the application under the act in a court at bangalore for her being appointed guardian of the person and property of the minor alleging firstly that the child was not properly looked after especially because ..... shall have that to which they are entitled, the benefit of the joint care and affection of both father and mother and neither of them is entitled to so act as to deprive the children of that which they have thus guaranteed to them'. unfortunately in this case the child is deprived of this advantage on account of the ..... be available with the mother as she herself has to live with others.6. as mentioned in the order of the learned district judge, section 16, guardians and wards act requires that the personal law applicable to the parties is to be taken into account while appointing a parson as guardian. under the hindu law the primary right to be .....
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