Court : Karnataka
Reported in : AIR2001Kant442; ILR2001KAR3870
..... (b) subject to the provisions of sections 39 and 80 of the karnataka land reforms act, 1961 (karnataka act 10 of 1962), whenever a fragment is proposed to be sold, the owner thereof shall sell it to the owner of a contiguous survey number or recognised sub-division of a survey number (hereinafter referred to as the contiguous owner). ..... inother words, when they want to 'fix the date of performance' in the 'agreement of sale' without reference to a 'calendar date', the agreement must mention the nature and description of future event, which according to the knowledge of the parties or 'common knowledge' is 'certain to happen'. ..... shamanna gounda and others, for the proposition that the words 'date fixed' occurring in article 54, has reference to not merely 'calendar dates' but also 'dates with reference to an event certain to happen'. ..... though, the argument at the first sight is attractive, but on a careful analysis, the same is liable to be rejected, for the reasons to be found herein below.13. ..... besides, it is also necessary to note, the fragmentation act did nottotally prohibit 'sales'. ..... the said act which was in force during the time when the agreement was executed, prohibited the sale of any 'fragment', except with the permission of the tahsildar or the owner of the contiguous land of the same survey number. ..... fragmentation prohibited. ..... but there was no total prohibition. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1952Kant114; AIR1952Mys114
..... it is no doubt true that emphasis was laid in that case on the presumption under section 18 of the negotiable instruments act that every negotiable instrument was made or drawn for consideration only until the contrary is proved. ..... section 114 of the evidence act states:'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, human conduct and public and private business, in their ..... 'the illustrations given to the above section are not exhaustive of cases in which the presumptions arise. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1953Kant122; AIR1953Mys122
..... shame gowda', 10 mys lj 478 (a) and the effect of the purchase is to bring about a merger of rights as mortgagee with those of purchaser except in relation to a puisne mortgagee under section 101, transfer of property act. ..... there is no prohibition for a mortgagee being the purchaser of the property mortgaged to him see -- 'nimma subba rao v. ..... both these mention that the property was purchased by defendant 1 subject to the mortgage. ..... as stated in mulla's transfer of property act at page 559 'when the mortgagee purchases the equity of redemption and acquires ownership he may keep the mortgage alive for his own defence as against a puisne encumbrance but the mortgage is nevertheless extinguished as , between .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1952Kant120; AIR1952Mys120
..... his view seems to be that though the letter is genuine it cannot affect the obligation of the vendors under section 55 of the transfer of property act as there is no provision in the sale deed to exempt the vendors from liability for discharge of prior encumbrances.3. ..... if the terms of that letter could be taken into account, the claim has to be disallowed as it expressly mentions that respondent has undertaken liability for the repayment of dues.4. ..... the argument would be correct if sections 91 and 92 of the evidence act can be relied upon for this. ..... muthiah kone' : air1925mad968 , it was held that a recital of this kind is not a term of the contract and evidence to prove that the vendee was aware of the defect was held to be not inadmissible under section 92 of the evidence act.5. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1953Kant111; AIR1953Mys111; (1954)32MysLJ111
..... amir begam', 8 all 324 (b), 'the plaintiff in the present suit could not be treated as a party claiming under his mortgagors, within the meaning of section 13 of the civil procedure code, and that section must be interpreted as if, after the words 'under whom they or any of them claim', the words 'by a title arising subsequently to the commencement of the former suit' had been inserted. ..... the section would however not be applicable unless the plaintiff could be said to be claiming under the 4th defendant in the previous suit filed against the latter and it could be said that the plaintiff is litigating under the ..... 'the question as to whether the plaintiff is bound by the previous decision to which his mortgagor was a party depends upon the construction of section 11, civil p. c. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1953Kant31; AIR1953Mys31; ILR1953KAR298
..... gulur sreenivasa rao, learned counsel for the petitioner, has raised a bather interesting question and that is that the case of his client does not fall under section 4(1) (j), prohibition act, which refers to consuming liquor or any intoxicating drug within a 'dry' area. ..... he was charged with an offence under section 66(b), bombay prohibition act, of having consumed an intoxicant without a permit. ..... the petitioner has been convicted by the special first magistrate, shimoga, for an offence under section 4(1) (j), mysore prohibition act, and sentenced to pay a fine of rs. ..... section 5, prohibition act, applies no doubt to cases where, irrespective of the place of drinking, the accused is found intoxicated either in a public place or in a private place within a 'dry' area, and section 4(1) (j) to cases where the accused has consumed liquor within the 'dry' area. ..... in this connection he has referred to section 5, prohibition act. ..... it is not disputed that the whole of shimoga district is a prohibition or 'dry' area and that the prohibition act fully applied in that area; nor is it now contended that the accused had not consumed any liquor. ..... the advocate-general had also relied upon section 106, evidence act, and argued that as the fact of drinking was within the special knowledge of the accused, the burden lay upon him to prove that he drank liquor outside the limits of the jurisdiction of the magistrate. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1954Kant133; AIR1954Mys133
..... he, however, came to the conclusion that the respondent owned sufficient properties and was in a position to discharge his debts and therefore under section 25 of the insolvency act the court would be justified in dismissing the application for insolvency. ..... somasekhara rau, learned counsel for the appellant, contends that nevertheless this court may under section 75(3) examine the order of the district judge and determine about its legality and correctness, and that the present case is one in which such powers of revision ought to be exercised in favour of his client. ..... he urges that under section 75(1) of the mysore insolvency act xi of 1925 which governs this case, only certain orders passed under the act are subject to second appeal and that the present order, which falls under section 25 of the act, is not liable to be appealed against to the high court. ..... never taken in the objection statement filed before the subordinate judge, the ground relied on then being that the sale of the house in bhadravati which was in execution of a decree for arrears of assessment was not an act of insolvency and did not afford a ground to the creditor for making the application. ..... the language of section 75(1) and those cases clearly support the objection he has taken and a second appeal, therefore, does not lie in this case. 3. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1954Kant121; AIR1954Mys121
..... the suit being one filed under the agriculturists' relief act, and section 23 being mandatory in requiring it to be tried as an original suit cannot be said to be cognizable in the court of small causes as it has no jurisdiction to deal with it. 3. ..... it is expressed in that case that for the application of the amended article what is material is the nature and quantum of the claim and not the court in which the suit is to be filed. ..... it was held that by virtue of section 17 of the court-fees act, court-fee was to be separately assessed on each item and on this basis payment at the lower rate prescribed for rs. ..... in view of act 18 of 1952 -- the mysore court-fee amendment act -- there is a difference in the court-fee payable in suits of small causes and original suits, the scale prescribed for the former being less under article 1 (a). ..... section 23 of the said act states that every suit under the act shall be tried as an original suit. 2. ..... 81-1-0 in respect of a loan and maintainable in the small cause court, but for the defendant being alleged to be an agriculturist and the longer period of limitation provided for in the mysore agriculturists' relief act for such a suit being, availed of. ..... ha), court-fees act. 4. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1957Kant94; AIR1957Mys94
..... c, and that the suit, in consequence, is riot maintainable.the other objections raised by them are that the notices issued under section 77 of the railway act are not in conformity with the provisions thereof and that otherwise the railway administration is not liable for loss of articles entrusted to be carried, as no special declaration required under section 75 of the railway act was made, the commodity carried admittedly falling under excepted article.under section 80, c. p. c. ..... no particular form of notice is prescribed; a joint claim in the notice advanced by two people who ultimately founded two suits cannot be deemed to be improper especially when both the claims put together do not exceed the amount mentioned in the notice.both the suits were dismissed in the trial court; k. ..... nagaraja rao, on behalf of the plaintiff contended that a liberal construction must be placed upon the section and that the notice issued should be held as sufficient en the ground that it substantially fulfils its object in informing the parties concerned about the nature and scope of the suit to be filed.the notice ex. ..... kandaswami mudaliar air 1949 mad 416 (f) ), has held that a notice under section 80 must be strictly in conformity with the provisions without any material alteration of the legal capacity of the person suing, or the relief claimed, or other incidental circumstances. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1957Kant93; AIR1957Mys93; (1957)35MysLJ26
..... that must always rest upon some difference which bears a reasonable and just relation to the act in respect to which the classification is proposed and can never be made arbitrarily and without any such basis. ..... in fact even in other parts of karnataka it will be noticed that there are what is known as service inams lands granted to patels and shan-bhogues which are not liable to assessment. ..... it does not prohibit legislation, which is limited either in the objects to which it is directed or by tbe territory within which it is to operate. ..... as this is contended to be discriminatory and violates article 14 of the constitution, this application has been filed for the issue of necessary directions or order to the state of coorg by its chief secretary, the respondent in the case, toreduce the assessment of the land of the petitioner to ..... but this is net opposed to article 15 of the constitution as the classification is hot arbitrary, but is based on reasonable grounds. 5. ..... it is contended that the classification is reasonable and does not affect article 14 of the constitution of india. 3. ..... the assessment payable on the lands held on jama tenure and that payable on lands on sagu tenure differ from each other, but that this does not constitute any denial of equality or discrimination such as is forbidden by articles 14 and 15 of the constitution. .....
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