Court : Karnataka
Reported in : AIR1953Kant6; AIR1953Mys6
..... the endorsement made on the sale deed when it was returned cannot affect the property, because it is not registered, and as the sale deed has been registered no oral agreement to rescind it can be proved (indian evidence act, section 92, proviso (4). ..... such a plea is hit by the provisions of section 92 of the evidence act and not saved by any of the explanations to it.3. ..... it was held that the evidence of the oral agreement was inadmissible under section 92 of the evidence act and no question of estoppel arises in the case. ..... section 92 of the evidence act forbids evidence such as exhibit i to overcome a registered document such as exhibit e.in -- 'umedlal motiram v. ..... is in writing and registered, it is not open to parties to prove by oral evidence that that lease was surrendered under a later agreement and that oral evidence as to the surrender is inadmissible under the proviso 4 to section 92 of the evidence act.8 mys l. j. ..... there is another case in which also it was held that oral evidence to prove that parties to a sale deed which was duly executed and registered, subsequently rescinded it by mutual consent, is inadmissible under section 92 of the evidence act. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1950Kant57; AIR1950Mys57
..... the plaintiffs are entitled to the grant of letters of administration, but owing to the fact that the respondents had taken up the judgment of the hon'ble the resident's court in appeal to the privy council, the learned district judge passed a decree granting letters of administration to the plaintiffs with an authenticated copy of the last will and codicil of the said ramalingam in respect of the plaint schedule properties subject to ..... up for hearing on a number of occasions and on the representation of both the parties that the appeal pending before the privy council was likely to be disposed at an early date, the hearing of the appeal was postponed from time to time by consent of ..... appellate judgment, the respondents preferred an appeal to the privy council which was pending on the date of the judgment of the ..... 188, where a will under the indian succession act has been proved and deposited in a court of competent jurisdiction beyond mysore and the executor named in the will applied in mysore for an ancillary grant, it is laid down the letters of administrations which ..... sri venkatanarasimhiah urged that the matter in appeal to the privy council has not been finally disposed of inasmuch as their lordships have held that they had no jurisdiction to entertain the appeal implying thereby that the respondents might have ..... a proof copy of the judgment of their lordships of the privy council is also filed which shows that the judicial committee have expressed the view that they have no .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1951Kant25; AIR1951Mys25
..... wherein it has been held that a punishment under the penal code for abetment of an act which is an offence under the salt act and not an offence under the penal code is illegal for the reason that salt act prescribes specific punishment for the abetment of such an offence. ..... open to the deputy commissioner with no delegation to any other authority by way of sanctioning the prosecution, but the said proviso does in no way preclude the applicability of or the liability under the general law, the indian penal code. ..... is not denied that the act complained of forms a separate offence under the general law, the penal code; and these acts do not conflict with each other ..... provisions of the land revenue code, it is urged, do exclude the liability of the petitioners under the ordinary law, the indian penal code. ..... section 26, general clauses act, makes ft provision as to offences punishable under two or more enactments thus : 'where an act or omission constitutes an offence under two or more enactments, then the offender shall be liable to be prosecuted and punished under either or any of those enactments, but shall not be liable to be punished twice for the ..... it, therefore, follows that where an act is an offence under the provisions of two enactments which are not in conflict wit each other, prosecution could be resorted to under either of ..... under section 44 of the said act provision is made for recovering the value of the tree removed as if it were in arrear of land revenue and also to levy .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1951Kant72; AIR1951Mys72
..... ' the passage is only referred to, in order to show how in india prior to the constitution feelings were roused against the ordinance correspo binding to the special criminal courts act & it is easy to sea why the line of argument was sometimes stretched in order to hold that the ordinance, which made it possible for even a police officer to arbitrarily discriminate between the case ..... this act is as follows :'any order of his majesty in council made on an indian appeal ..... in british india, & so far as respects the application & interpretation of this act or any order in council thereunder or any matter with respect to which the federal legislature has power to make lawa in relation to the ..... c, & the order in council of his majesty under section 8, abolition of privy council jurisdiction act, 1949-'shall for all purposes have effect, not only as an order of his majesty in council, but also as if it were an order or ..... that the legislative council in mysore had not the power to pass an act like the special criminal courts act prior to the ..... as the legislative council had the power to do it--it has not been shown that it had no such power--it cannot be said that the special criminal courts act was ultra vires ..... special criminal courts act was passed by the legislative council & it had only to be set in motion by someone authorised in the act. ..... except the abolition of privy council jurisdiction act, 1949. ..... the special criminal courts act is within the competency of the indian legislature. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1952Kant14; AIR1952Mys14; ILR1952KAR102
..... but even that case lends some support to the observations made above that in the absence of the indian trusts act or some statutory provision corresponding to it in mysore, the rules of equity which hold that a person who received money while in a fiduciary capacity to the person for whom he received it was to be treated as an express ..... shiv narain : air1934all884 , which is a case decided by the allahabad high court, has merely applied article 120 of schedule i, limitation act, for a suit for accounts against a defendant who was held to be a trustee de son tort and observed that section 10 will not apply as it applies to cases ..... he has held thai the defendants are not express trustees but trustees de son tort that section 10, limitation act, does not apply to save the plaintiff's suit from the bar of limitation and that the suit is, therefore ..... held in that case that the plaintiff could not avail himself of the provisions of section 10, limitation act to save the suit from the bar of limitation and has no application to the facts of the ..... muthukaruppan where a specific purpose has been described by the privy council as being a purpose which is either actually and specifically defined in the deed of trust or a purpose which from the specified terms (or as admitted in this case) ..... 1 the privy council held that a suit in order to fall under section 10 which save suits against trustees from limitation must be brought for that purpose, and that section meant that when trust property .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1952Kant39; AIR1952Mys39
..... rahim bux', air (8) 1921 pat 232 it has been held that an order confiscating a conveyance under section 11 of the opium act should not be passed without giving an opportunity to the alleged owner to prove that he' did not know and had no reason to believe that, opium was transported in the conveyance in question in g. ..... the lessee was arrested; and while convicting the accused under section 5 of the opium act for being in possession of some opium, the magistrate directed the confiscation of the boat without even hearing the owner, as in the present ..... dismissed the appeal holding that the bicycle had been rightly confiscated as authorised under section 14 of the mysore prohibition act and that he failed to see any point at all in the contention to the contrary. ..... in some places in the rest of the indian union where if one of a class of persons like the military carries in his car some liquor for his own consumption the car would be perfectly safe while if his civilian driver carried a bottle for ..... 12 ori l jour 103 : 9 ic 587 : 15 cal w n 29g' an order had been made under section 11 of the opium act confiscating a boat in which some opium had been found. ..... 15 when the offender is convicted or sometimes even when the person charged with an offence against the act is acquitted, the court may order such confiscation.3. mr. ..... thereupon prosecuted for an offence under section 4-1 (a), clauses (2) and (3) of the mysore prohibition act xxxvii of 1948 before the munsiff-magistrate, chickmagalur. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1952Kant103; AIR1952Mys103
..... both the legal practitioners act, viii of 1879, and the indian bar councils act, xxxviii of 1926, are among those specified in the schedule to that act which are to be and have been so extended to ..... it is further urged that even if the indian bar councils act is held not to be in force in mysore under the proviso to section 41 of the legal practitioners act of 1879 an advocate is entitled to 'an opportunity of defending himself before the high court which enrolled him' before he can ..... effect of such extension of these acts is, according to him, that the mysore legal practitioners act has ceased to be in force jn mysore and the present enquiry which was ordered by this court under that act can no longer be continued as the bar council is now the only body which can enquire into cases of professional .misconduct by virtue of section 10 of the bar councils act; and the same has not yet ..... as sub-section (3) to section 1 of the bar councils act is left untouched, there must be a further notification in the mysore provincial gazette before the provisions of that act other than sections 11 2, 17, 18 and 19 can ..... bar councils act of 1926 and the legal practitioners act of 1879 have been since extended to mysore by the part b states (laws) act of ..... by the extending act, sub-section (2) to section 1 of the bar councils act is extended to the whole of india, except the state of jammu and kashmir, and shall apply to every high court of part a states and of every part b states other than the state .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1952Kant42; AIR1952Mys42
..... though different from section 197 criminal p c states: 'no court shall take cognizance of an offence punishable under section 161, section 164 or section 165 of the indian penal code or other section 5 of this act, alleged to have been committed by a public servant except with the previous sanction of: (a) the government in the case of a public servant removable from his office by or with the sanction of government; (b) the officer or officers specially empowered in ..... 197 does not apply, the order made thereunder does not affect the ordinary jurisdiction of the city magistrate to commit the accused and this is obligatory as regards the offence under section 5 of prevention of corruption act which, being punishable with, imprisonment of seven years, is triable exclusively by the court of session under schedule ii of the code of criminal procedure. ..... who have entered into communications with conspirators but who in consequence of either a subsequent repentance or an original determination to further the enterprise have disclosed the conspiracy to the public authorities under whose direction they continue to act with their guilty confederates till the matter can be so far matured as to ensure their conviction. ..... the sentence of fine with respect to the offence under section 5(1)(d) read with section 5(2) of prevention of corruption act is set aside but with respect to the offence under section 161 i. p. c. ..... emperor' air 1947 f c 9 and upheld by the privy council in h h b gill v. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1952Kant69; AIR1952Mys69
..... since for departing from that rule in the present case as the decree in question was passed by the coimbatore court before 26th january 1950 when the mysore state acceded to and became a part of the indian union.it is not disputed that it has all along been held by this court in a series of cases beginning with '20 mys ccr 214' that a decree obtained in a court foreign to mysore against a subject ..... krishnamurthi has argued that his highness the maharaja of mysore was a sovereign in his own state immediately after the indian independence act was passed and that thereafter it was open to him to declare or enter into any arrangement by which decrees made outside the state could have full potency in his state whether they ..... rajah of farid-kote', 22 cal 222 (pc) where their lordships of the privy council held that a decree passed ex parte against a non-resident foreigner was by ..... it was held by the privy council that so far as the decree was for sale of the mortgaged property in the scheduled district the courts had no jurisdiction to make it, section 21 of the code not being applicable to such a ease, and it ..... 'the privy council decision referred to by the learned chief justice leaves no room for doubt about the decree of the foreign court being an absolute nullity in spite of that court's jurisdiction to pass it as can be gathered from ..... highness the maharaja has been the subject of decision by the privy council recently in 'ramalingam v. ..... decided by the privy council in 'gurdyal s1ngh .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1953Kant4; AIR1953Mys4
..... shri govinda rao next contends that the plaintiff's suit even on the basis of such a claim is barred under section 69(1) of the indian partnership act as has been held by the learned district judge. ..... section 69(1) provides that no suit to enforce a right arising from a contract or conferred by that act shall be instituted in any court by or on behalf of any person suing as a partner in a firm against the firm or any person alleged to be or to have been a partner in the firm unless the firm is registered and the person suing is or has ..... i think therefore there is no substance in the contention either that the suit is not maintainable in the form in which it is brought or that section 69(1) of the indian partnership act is a bar to it.9. ..... 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 or acquired by him as a partner in a firm and it is not essential that the firm should be actually in ..... 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. ..... face of it that the defendant was liable for a part of 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. .....
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