Court : Karnataka
Reported in : AIR1950Kant63; AIR1950Mys63
..... 207 which states that a plea of want of notice may be taken at any time and argues further that the compliance with the requirement of section 106 is a part of the cause of action upon which the plaintiff bases his suit which is not a question relating to the maintainability of the suit, but one relating to the plaintiff's cause of action or his right to sue as ..... act, regarding notice to be issued to entitle a lessor to file a suit for ejectment have not been properly understood and, in fact the wording of the section itself on this aspect of the matter is not very clear. ..... at all in his written statement and though a feeble attempt appears to have been made about the question of notice during arguments in the first appellate court, it was not raised in the technical manner as required under section 106 of the said act. ..... the section needs amendment so as to make the meaning clear and it would be better if a notice of such period as is fixed in the section is stated to have the effect of terminating the tenancy at the end of the year or of the month of tenancy as the case may be.6. ..... the provisions of section 106, t.p. ..... month of tenancy is the british calendar month and though the period of notice is more than 15 days, the expiry of the period falls in the middle of the month of tenancy and does not end with it as required by section 106, t.p. ..... krishnamurthy on behalf of the appellant contends before this court that a proper notice contemplated under section 106, t. p. ..... 'section 106, t.p .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1951Kant34; AIR1951Mys34
..... was further contended for the appellant that this evidence is not sufficient to hold that the accused was in possession of the currency notes within the meaning of section 489c, penal code and that the circumstance that the accused showed the place where the notes where hidden could not raise a presumption that the accused hid them ..... this is the most natural and prominent inference which the court will draw under section 114, evidence act, and the fact being within the peculiar knowledge of the accused it is for him to show that he acquired knowledge of the place of concealment in ..... the accused who has appealed to this court hag been convicted for an offence under section 489-c, penal code and sentenced to rigorous imprisonment for three years by the 3rd additional sessions judge ..... of these three possible hypotheses is more probable and presents such degree of certainty that the court like a reasonable man ought to act upon the assumption of its existence, the court shall have to consider a variety of circumstances in each case, e. g. ..... under section 114, evidence act the court may presume the existence of any fact which it thinks likely to have happened, regard being had to the common course of natural events and human conduct in their relation to the fact ..... it has been established in this case that the accused had in his possession these counterfeit currency notes intending to use the same as genuine or that they may be used aa genuine within the meaning of section 489-c, penal code. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1952Kant42; AIR1952Mys42
..... this is not sufficient to dispense with the need for sanction altogether as there is section 12 of the prevention of corruption act which 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 ..... until after the offence has been committed'.it is evident from a consideration of these that the evidence of persons concerned in laying the trap cannot be regarded as that of accomplices in the sense that they are participants in the commission of the offence, though the detection of crimes by means of such a practice as a rule is not deemed commendable and justified by the peculiar difficulties in getting proper proof of the ..... 'these observations may be well applied to the present case as we are of opinion that a sanction under section 197 was not necessary notwithstanding the view of a single judge to the contrary in '37 mys h c b ..... learned counsel for appellants after referring to the remarks in that a charge under section 161 i p c is often lightly made and however strong the suspicion, the accused is entitled to an acquittal unless every reasonable possibility of innocence is exhausted, argued that in this case the receipt of the amount by the 1st .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1953Kant40; AIR1953Mys40
..... the notices inthose cases substantially comply with the requirements of the section and it is not allegedthat there was any difficulty on the part ofthe defendant to understand the nature of theclaims, the grounds of complaint or the reliefssought. ..... section 178, town municipalities act cannot be viewed as being stricter than s. ..... 178, town municipalities act are not satisfied. ..... 178 of the act. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1954Kant38; AIR1954Mys38; ILR1953KAR588; (1954)32MysLJ101
..... this position received statutory recognition in india act 21 of 1949, though that statute is limited in its scope to hindus, jains and sikhs, and is in consonance with the prevalent trend of public opinion in a secular state. 5. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1955Kant43; AIR1955Mys43
..... a mercantile agent; besides, the plaintiffs have admitted that defendant 1 is a mercantile agent: i am unable to agree with the contentions set forth by the respondents that the transferee has not, in the terms of the proviso to section 27, acted in good faith or had at the time of the contract of sale notice that the seller had not the authority to sell. 6. ..... agent is, with the consent of the owner, in possession of the goods or of a document of title to the goods, any sale made by him, when acting in the ordinary course of business of a mercantile agent, shall be as valid as if he were expressly authorised by the owner of the goods to make the same; provided that the buyer acts in good faith and has not at the time of the contract of sale, 'notice that the seller has no authority to sell. mr. ..... has observed in that ease that to act in the ordinary course of business is to act in such a way as a mercantile agent acting in the ordinary course of business of a mercantile agent -would act, that is to say,, within business hours, at a proper place of business, & in other respects in the ordinary way in which a mercantile agent would act, so that there is nothing to lead the pledgee to suppose that anything wrong is being done, or to give him notice that the disposition is one which ..... 267 (f), that 'delivery of share certificates with the transfers executed in blank, passed not the property in the shares but a title, legal and equitable, which will enable the holder to vest himself .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1957Kant21; AIR1957Mys21; 1957CriLJ210
..... it is but right that such an incidental order should be passed in order to restore status quo ante: but if there are no such materials available on record at the time he acts under sub-section (5) of section 145, he will have no jurisdiction to pass orders regarding possession of the property nor can he allow parties to adduce evidence as to possession after he comes to the conclusion that there was no dispute which was ..... sheoratan singh air 1951 nag 201 (c), it is held that when a magistrate acts under section 145(5) and cancels the previous order passed under sub-section (1), there would be nothing wrong if he (magistrate) passes an incidental order cancelling the attachment and directing the party found to be in possession to continue until evicted ..... in that case, it is laid down that normally criminal courts cannot deal with cases of possession of immovable property but that section 145 gives them power to deal even with those classes of cases provided they are satisfied that a dispute exists with respect to any property and that there is a ..... contention of the learned counsel to some extent but they do not conclusively establish that under no circumstances a magistrate is competent to pass orders as to possession when he acts under section 145(5) of the cri. p. c. ..... whenever a magistrate acts under section 145(5), he will have jurisdiction to pass orders as to possession provided he has got materials on record to show that the property in question was in possession of a .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1958Kant10; AIR1958Mys10; ILR1957KAR72; (1957)35MysLJ221
..... he at first relied on the provisions of section 13 of the sale of goods act which inter alia provides that where a contract of sale is subject to any condition to be fulfilled by the seller, the buyer may waive the condition or elect to treat the breach of the condition as a breach of warranty. ..... venkataranga iyengar then relied on section 62 of the sale of goods act and contended that the implication of law, viz. ..... it cannot hold that the case comes within section 42 and there has been acceptance of the goods and that for that reason the plaintiffs must fail. ..... ' it is thus clear from the provisions of the said section itself that the right or liability which can be varied or negatived by express agreement or by the course of dealing is the right or obligation which, arises by implication of law. ..... krishnamurthi relied on section 11 of the sale of goods act which provides that, unless a different intention appears from the terms of the contract, stipulations as to time of payment are not deemed to be of the essence of a contract of sale, but whether any other stipulation as to time is of the essence of ..... it was stated that the goods in question had been despatched as per passenger train on 27th instant and asking the plaintiffs to retire immediately the document after paying the above sum plus the bank's commission on presentation. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1959Kant34; AIR1959Mys34; ILR1958KAR273; (1958)36MysLJ479
1. in this appeal the scope of article 261(3) of the constitution of india comes up for consideration. the facts of the case are as follows: 2. the appellant (decree-holder) obtained a decree against the respondents in the court of small causes, ahmedabad in civil suit no, 1182/1949. the decree in question was passed on 2-3-1950. it was transferred for execution to the munsiff, chitaldrug on 29-11-1950. the present execution case no. 97/53 was filed on 8-3-1953. the judgment-debtors objected to the executability of the decree on the ground that the decree in question is a foreign decree and they had not subjected themselves to the jurisdiction of the court of small causes, ahmedabad. this contention was repelled by the executing court. but the learned subordinate judge, chitaldrug, accepted the same in r.a. no, 61/53. the correctness of the said decision is challenged before me. 3. article 261(3) of the constitution reads as follows: 'final judgments or orders delivered or passed by civil courts in any part of the territory of india shall be capable of execution anywhere within that territory according to law.' it is undisputed that both ahmedabad and chitaldrug are within she territory of india. the only objection that was canvassed on behalf of the judgment-debtors (respondents) is that though the decree was passed after coming into force of the constitution, the suit had been instituted prior to 26-1-1950. hence the decree relates back to the date of the suit. some .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1960Kant281; AIR1960Mys281
..... 140, paragraph 265)'although the order is not of course it will though discretionary nevertheless be granted ex debito justitiae, to quash proceedings which the court has power to quash, where it is shown that the court below has acted without jurisdiction or in excess of jurisdiction, if the application is made by an aggrieved party and not merely by one of the public and if the conduct of the party applying has not been such as to disentitle him to relief; and this ..... before the government could give its decision, the mysore board of revenue act came into force, as a result whereof the proceedings before the government were transferred to the mysore board of revenue. .....
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