Court : Karnataka
Reported in : AIR1950Kant33; AIR1950Mys33
..... 9 of his judgment that:'no doubt according to plaintiffs' case on their pleadings and even more particularly as sought to be pressed during arguments of counsel on their behalf, the properties were said to have come to be and to partake of the character of joint family properties in several ways alternative as well as cumulative'it was urged by the plaintiffs not in their plaint, but at the time of arguments that ..... or kindness cannot show that the property acquired by him was not the self-acquired property of shanmugam or what was paid by him to his brothers devaraj on the one hand had ramalingam on the other both on behalf of himself and his sone, plaintiff 1, should be regarded as their joint family property. ..... a clear intention to waive separate rights must be established and will not be inferred form acts which may have been done merely from kindness or affection. ..... 2,500 paid to him by shanmugam both on his behalf and on behalf of his son in his bank. ..... the settlement as evidenced by this document has been acted upon for nearly four decades and neither devaraj nor plaintiffs or their father are shown to have questioned it. ..... 2500 received by ramalingam both on his behalf and his son from shanmugam under ex. ..... though that was due to his acting on the incorrect statement of facts made by the district judge, who could not have been expected to make such incorrect statements. ..... 587):'it is dangerous to construe act of generosity or kindness as admissions of legal obligation. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1950Kant26; AIR1950Mys26
..... conversion from hinduism are applicable to cases of conversion into hinduism to the extent that in both kinds of cases, the marriages prior to conversion have been regarded as valid for the purpose of considering whether an offence under section 494, penal code is committed when the converted persons marry again after conversion during the lifetime of the first wife or husband, but whether they commit an offence under s. 494, penal code in such a ..... 131, it was observed that 'mere conversion to mahomedanism does not dissolve a hindu marriage' and the conviction under section 494, penal code of a hindu wife marrying after conversion to mahomedanism during the lifetime of her hindu husband was ..... ? whatever the law in england might be, we are governed in india by the wording of section 494, penal code, and an offence of bigamy is committed only if the second marriage is void on account of the ..... is another thing to say that he is bound to remain unmarried, unless he could manage to get a divorce and that his marriage without getting a divorce amounts to a criminal offence ..... . it appears to me that it is very unlikely that section 494, penal code was intended to be applied to the abnormal cases of converted persons who are sometimes force to marry a second time when their spouses who have not been converted refuse to live ..... this it does not follow that the marriage tie is severed by conversion or by any act of the parties. ..... the native converts marriage dissolution act, it is recognised. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1951Kant72; AIR1951Mys72
..... learned chief justice held on an examination of this words in articles 13, 367 & 395 that there is no difference between an act which is repealed & an act which is declared void, that section 6, general clauses act, applies to those laws which have become void on their becoming inconsistent with the provisions of part iii of the constitution & therefore the proceedings under the press act instituted prior to the constitution were not affect, ed by the provisions of the constitution. ..... 214) :'it was argued on behalf of the petnr that under section 4, the power to make the order of externment was given to the ..... his opinion the case has involved questions of special difficulty, whether of law or fact, or is one which for any other reason ought properly to be reviewed, the proceedings shall be submitted for review by a person nominated in this behalf by the govt, which person shall be chosen from the judges of the h. c. ..... in this view the other contentions advanced on behalf of the petnrs, about the provisions of the special act being in conflict with those in the constitution da not require to be examined in detail & need be briefly ..... or to some officer of the local govt empowered by it in that behalf, to direct what offences or classes of offences, & moreover, what cases or classes of cases, should be tried by ..... who may be empowered in that behalf by the govt, is to drastic & is capable of being ..... empowered by the govt, in this behalf, may, by general or special order in writing .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1952Kant94; AIR1952Mys94
..... amended civil procedure code was brought into operation in this state, the then existing civil procedure code of the state was the law which was applicable and the constitution of a full bench in pursuance of section 15 (3) of the mysore high court act read with section 98(3) of the civil procedure code was perfectly valid, and the contention of the learned advocate should therefore fail.5. ..... the full bench _ was constituted in pursuance of the said provision and was not disputed at the time of reference; the cases were governed by section 15 (3) of the mysore high court act and consequently the reference was in order. ..... it was urged that section 107 of the government of india act, 1935, a portion of which has been adopted in drafting the second instrument, of accession, may be read to understand the full scope of what is ..... this connection, it may be useful to examine section 107 of the government of india act, 1935, as the second proviso under consideration is substantially similar to clause (2) of section 107. ..... high court act runs thus-'when a bench of the high court consists of only two judges and there is a difference of opinion between such judges on any material question pending before it, such question shall be disposed of in the manner prescribed in section 98 of the code of civil procedure.....or, at the direction of either of thejudges composing the bench, it shall be referred to a full bench and the decision of the majority of the judges on such full bench shall be the .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1953Kant145; AIR1953Mys145
..... for three years previous to the suit; for directing the defendant to fulfil conditions of the decree in favour of the appellant (order section 310 of 39-40 on the file of the munsiff, shimoga), or in the alternative for a decree granting divorce to the plaintiff by the dissolution of the marriage between herself and the appellant. ..... the appellant denied his liability to pay either the dower or the amount of maintenance claimed; regarding the relief of fulfilment of the conditions in order section 310 of 39-40, he pleaded that the conditions were too onerous to be complied with and that respondent 1 is not entitled to the dissolution of the marriage as the requirements for the grant of the relief are ..... of the suit and the attitude of the husband is that he is not bound to pay maintenance unless and until the wife comes and stays with him, the facts come within the mischief of section 2 (ii) and the wife is entitled to dissolution of her marriage. ..... the decree in order section 310/39-40 was for the restitution of conjugal rights filed by the defendant against the plaintiff on fulfilment of five conditions of which the first condition is that the defendant should ..... 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 the following grounds namely:-- x x x x (ii) that the husband has neglected or .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1952Kant123; AIR1952Mys123
..... polai lal biswas', 1951 scj 503, wherein it has been observed:'though sub-section (1) of section 439, criminal procedure code, authorises the high court to exercise, in its discretion, any of the powers conferred on a court of appeal by section 423, sub-section (4) specially excludes the power to 'convert a finding of the acquittal into one of ..... the words used or trifling inconsistency in the words of different witnesses, such evidence should be discarded, it would be laying down rather a too broad or a too dangerous proposition.in our opinion, it is sufficient for the purposes of the section, if witnesses are agreed in a substantial measure on the words of imputation uttered as it is hardly possible or necessary to reproduce every word or expression used. ..... it is not disputed that the expression 'black-marketeer' which is per se defamatory i within the meaning of the aforesaid section was used by the accused in relation to the complainant in a public gathering which was presided over by a government officer and in which besides the parties to this proceeding a large number of respectable persons of the locality were ..... apparent from the above decision that where there is an error on a point of law, the revisional jurisdiction of the high court under section 439, cr. p. c. ..... respondent has not proved his case against the appellant conclusively and that the learned magistrate was wrong in coming to the conclusion that the appellant was liable for an offence under section 500, i. p. c. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1953Kant136; AIR1953Mys136
..... to legislation prohibiting bigamy in madras and bombay amongst hindus similar contentions were raised but negatived: see the madras hindu bigamy prevention and divorce act (6 of 1949) and the bombay prevention of hindu bigamous marriages act (25 of 1946) which are applicable only to hindus in those respective states as the mysore act is in mysore and yet these are held to be valid: see -- 'srinivasa aiyar v. ..... is said to have become necessary as the learned judge while dealing with a suit for maintenance by a hindu woman against her husband on the ground that he has kept a concubine, considered that section 23 of the act relied upon is repugnant to article 15 of the constitution of india which forbids discrimination against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them. ..... the reason given for this view is that the act in which the section appears is applicable only to a section of people who follow the mitakshara school of hindu law and not to all persons such as, hindus subject to ..... by the munsiff of nanjangud seeking opinion of this court on the following question: 'whether section 23 (b) and (c) of the act to amend the hindu law as to the rights of women and in certain other respects (act 10 of 1933) is invalid or inoperative by virtue of article 15 of the indian constitution ..... the answer to the question therefore is that section 23 of act 10 of 1933 is quite valid and operative and that it does not offend article 15 of the constitution of .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1954Kant138; AIR1954Mys138
..... if, however, it is observed that in case he proves that he was, injured and to what extent he has 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. ..... but, in this case, the plaintiff is aware of the fact that the second defendant was discharged in a criminal court when he was proceeded against for offences (under sections 279, 337 and 338, i.p.c. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1954Kant89; AIR1954Mys89; ILR1953KAR578; (1955)33MysLJ4
..... but for the recourse to it the ends of justice would be defeated and the rule should not be allowed to be invoked in favour of a litigant so as to enable him to effect the provisions of other statutes such as limitation act, court-fees act and other provisions of the code of civil procedure, recourse to which may have given him requisite relief, still such powers could properly be invoked to do justice between the parties; see '31 mys. c. c. r. ..... if the arrangement is not a lease but a licence, under sections 60 and 61, easements act, the same may be revoked at any time by the grantor either expressly or by implication unless it is coupled with a transfer of property and such transfer is in force or the licencee acting upon the licence has executed a work of a permanent character and incurred expenses ..... the benefit of the contract and collected tolls which the municipality would have collected but for the contract with the defendant, and it was held that he was liable under section 65, contract act to pay the balance of the rent due to the municipality. ..... if it is to be deemed as a lease of immoveable property; such a lease can only be granted by the municipal council under section 41, mysore city municipalities act; that in this case, the resolution ex. ..... in fact on behalf of defendants 2 to 7, it was rather strongly argued that if the municipality for instance had colluded with the plaintiff & not chosen even to defend the suit nevertheless defendants two to seven, who are grantees .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1953Kant124; AIR1953Mys124
order1. this revision petition is against the order dated 28-8-1952 passed by the district judge, shimoga (camp: chickmagalur) in h. r. c. appeal no. 2 of 1952-53 confirming the order dated 29-4-1952 of the deputy commissioner and rent controller, shimoga in h. r. c. no. 120 of 1951-52.2. the house was let out to the respondent by the petitioner on 30-1-1952 and the rent agreed to was rs. 45/- a month. the courts below are of opinion that the cost of the building is rs. 8000/- and have fixed the fair rent at rs. 37-8-0 per month. it is stated that the built area of the house is about 1000 sq. ft. both the learned district judge and thelearned rent controller have assessed the value of the house at the rate of rs. 8/- per sq. ft. according to which the value of the built area is assessed at rs. 8000/-. the building has got a cement concrete roofing. in cases of this kind it is more usual to value the building on plinth area at the rate of rs. 10/- a sq. ft. even otherwise the courts below have not taken into consideration the value of the site on which the building stands and this should have been taken into consideration in fixing the fair rent of the building.i also think in cases of this kind where the landlord and the tenant have come to an agreement about the rent payable, the presumption is that what has been solemnly agreed to may be taken as the fair rent unless it is shown that the landlord or the tenant has taken undue advantage of the need of the other. the .....
Tag this Judgment!