Court : Karnataka
Reported in : AIR1961Kant268; AIR1961Mys268; ILR1961KAR67
..... the question as to whether there was really a diminution in the water flowing into the decree-holder's land and whether such diminution was the consequence of any act of the judgment-debtor was so complicated and so difficult that it should have been made the subject-matter of an investigation in a properly constituted suit. he ..... to be distinguished, and stand on a different footing from those cases in which the diminution is the indirect result of percolation, although such percolation is attributable to an act like the one which the judgment-debtor did in this case.18. this contention was founded on the decision in english v. metropolitan water board, 1907-1 kb 588 ..... . that not having been done, it was urged, that the decree-holder could not again apply for an order from the executing court directing the performance of an act which the decree itself did nut direct, although the decree-holder had asked for it in the suit.15. the infirmity in this contention is that the executing court .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1967Kant147; AIR1967Mys147
..... the principal debtor. but, as pointed out in trilok nath v. kehar singh. air 1982 j & k 72, another case cited by mr. javali, though the sections of the contract act mentioned above do not in terms apply to a surety bond executed in favour of a court, it is well established that the principles contained in those sections do apply ..... 145 of the code of civil procedure is not in the strict sense a contract of guarantee governed by the provisions of the contract act and that the provisions of sections 133 to 139 of the contract act will not directly apply to such bonds. the liability of a surety under a bond executed for the performance of a decree may be .....
Tag this Judgment!Court : Karnataka
Reported in : 1965CriLJ372
..... moti lal was maintained by the court. subsequently the accused made an application under section 561a of the code and section 205 of the government of india act, contending that the magistrate had no jurisdiction to try the case in the ordinary way as he was not specifically directed to do so by the district ..... : 1960crilj1239 and concluded-the legal position that emerges from the aforesaid discussion is that subject to the provisions contained in the code of criminal procedure and the act constituting the high court, a judgment delivered or an order passed on merits is final alter it is duly signed by the court. the inherent power of a ..... , that they had clear antecedents and hailed from respectable families and that they should be given the benefit of the provisions of the probation of offenders act, 1958 (hereinafter called the act).2. mr. kanakasabhapathi has appeared for the petitioners. he submitted that it was through oversight that he could not make his submissions on the question .....
Tag this Judgment!Court : Karnataka
Reported in : [1967]66ITR27(KAR); [1967]66ITR27(Karn); (1967)1MysLJ64
..... requirements, their lordships observed that in order that a firm may be entitled to registration under section 26a of the act, the following essential conditions must be satisfied, viz., (i) the firm should be constituted under an instrument of partnership, specifying the individual shares of the partners ..... of income-tax the supreme court was called upon to consider the scope of the expression 'constituted under an instrument of partnership' in section 26a of the act. while dealing with that question their lordships proceeded to consider not only the requirements of section 26a but also that of the relevant rules. dealing with those ..... this court is : 'whether, on the facts and in the circumstances of the case, the assessee is entitled to registration under section 26a of the income-tax act for the assessment year 1961-62 ?' 2. the assesses firm was constituted under a deed of partnership dated november 14, 1955. it consists of three partners, .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1977Kant14; ILR1976KAR1255; 1976(2)KarLJ37
..... diligence for the protection of the surety, so long as the surety himself remains inactive. thus tested, the inaction on the part of the appellant or the bank of karnataka from which it derives title will not, of itself, mitigate sureties' liability.12. we will now consider the decisions cited by sri v. krishnamurthi for the respondents. ..... holder in due course of the negotiable instrument. exhibit p-1 and was not competent to maintain the action thereon, and that the appellant and the bank of karnataka from which appellant derives title having allowed the security under the hypothecation bond, exhibit p-2 to be impaired and lost owing to their own negligence and defaults ..... the basis of which he contends that the scheme of transfer of the assets and liabilities of the bank of karnataka ltd., in favour of the appellant attracts the provisions of section 44-a(6) of the banking regulation act, 1949, and that the assignment of the benefit of the security is also effectuated by operation of law. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1977Kant87; 1976(2)KarLJ62
..... of raghavendra rao's case, and in my opinion, very correctly.but all these decisions are only of academic importance today. after the introduction of section 70a by karnataka amendment act 39 of 1975, the period of limitation for all disputes except those relating to election, is six years from the date of the cause of action. the ..... property belonging to such society, such dispute cannot be adjudicated under section 70 of the act, and it ought to be taken up for surcharge under section 69 of the act. the above case was explained in shivappa v. kunimellalli doddapramanada pattin vyavasaya sahakari sangha ((1975) 2 kant lj 118) in which it was observed that section 69 ..... of the act would be attracted only where the loss caused to the society or deficiency in .....
Tag this Judgment!Court : Karnataka
Reported in : 1976CriLJ1958
..... written by him, his reply was in the affirmative. since the material before the court disclosed a prima facie case for taking action under the contempt of courts act, so a charge was framed which was read over, explained and delivered to the accused. the accused who is fairly educated person m. sc. (m. a ..... attain the 'great truth' even at the cost of his life ............... ......... but shivadeva never in his life listen those useless acts and sections. here, shivadeva calls those acts and sections useless thinking that the acts and sections might have been the main cause for the suffering of the 'great truth' as the great truth is suffered ............... so ..... , you must try to know that just as you have declared the judgment boldly with the help of some acts, sections and laws - so also shivadeva top is herewith declaring the judgment with the help of universal acts, truth, justice and righteousness - whether you are a fit person to be magistrate or what ...............doubts that you .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1978Kant10; ILR1977KAR756; 1977(1)KarLJ385
..... contentions urged for the parties, it is necessary to see the scope of the revision petition. section 18 of the karnataka small causes courts act, 1964 confers revisional power to the high court to examine whether the decision of the lower court is according to law ..... these evidence, in my view, even a lay man cannot form an opinion in favour of the plaintiff, leave alone a judge acting judicially. the learned civil judge, unfortunately, while writing the lengthy judgment, apparently forgot the crux of the matter and erroneously reached ..... orders with respect thereto, as it thinks fit.'the scope of the similar expression found in section 75(1) of the provincial insolvency act, 1920, came up for consideration before the supreme court in malini ayyappa naicker v. seth manghrai udnavdas firm, : [1969]3scr698 ..... . this is a revision petition by the defendant preferred under section 18 of the karnataka small causes courts act, 1964.2. the suit out of which the revision petition arises, has got many .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1979Kant83; ILR1979KAR646; 1979(1)KarLJ283
..... civil judge, who on hearing the parties came to the conclusion that the decree amounted to a debt advanced within the meaning of the karnataka debt relief act, 1976 and in that view he allowed the appeal and remitted the case back to the learned munsiff with a direction that he should allow ..... government or any state government; (ii) any local authority; (iii) a credit agency as defined in the karnataka agricultural credit operations and miscellaneous provisions act, 1974 (karnataka act no. 2 of 1975); (iv) any government company within the meaning of the companies act, 1956; (v) the life insurance corporation of india; (vi) a co-operative society; and (h) ..... several contentions. one of them was that he was a debtor within the meaning of the karnataka debt relief act, 1976, (hereafter referred to as the act) and that he was entitled to relief contemplated under s. 4 of the act. the learned munsiff disallowed that contention. the judgment-debtor went up in appeal before the learned .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1979Kant195; ILR1979KAR1291
..... thus: 'the government is willing to remove the restrictions in relation to licensed trader exclusively by making necessary amendments to sections 75, 76, 77 and 84 of the karnataka agricultural produce marketing (regulation) act, 1966. as regards section 85(3), the feasibility of amendment is being considered by the government.' these memos are recorded. in view of the undertaking contained therein it ..... jagannatha shetty, j. 1. petitioners in all these writ petitions are either traders or commission agents. they are also called as market functionaries under the karnataka agricultural produce marketing (regulation act, 1966, hereinafter referred to as 'the act'. they are presently carrying on their business in agricultural produce in a locality called 'old and new tharagupet along with krishna rajendra market' at bangalore. the .....
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