Court : Allahabad
Reported in : AIR1930All462
..... both on the ground that there is a previous order against him as well as on the ground that he is a plaintiff coming to court; for a declaration, the burden lies on him to satisfy the court that he is the trustee of the property in suit, it has been contended on behalf of the plaintiff that section 53, t.p. ..... the raddulmukhtar a comprehensive work of great authority, 'lays down that if the wakf has no means to discharge his debt, then the kazi would declare the wakf cancelled and the property would be sold for the payment of the debt. mr ..... on 15th july 1924 bismillah begam made another attempt to ask the court to issue an injunction to the defendant restraining him from transferring his property in any way, stating that he was heavily encumbered and was intending to transfer his property ..... one day before the date fixed for the appearance of tahsin ali khan in the execution court to show cause why the injunction should not be issued, he proceeded to purchase a stamp paper of the value of rs. ..... the sons then brought a suit for a declaration that the property had been validly sold to them and was no longer liable to be attached and sold in execution of the decrees for the profits ..... 211):it follows from this that the wakf of a person involved in debt is not ipso facto void: it is only voidable if he acts fraudulently to defeat his creditors.11. ..... another act of tahsin ali, which we may mention in this connexion, was an attempt on his part to marry his niece mt ..... act, as against defendants 1 to 3 .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1944Bom40; (1943)45BOMLR992
..... 52 indap 231 the privy council held that even though agarwallas repudiated the brahmanical doctrines relating to obsequial ceremonies, the performance of shraddha and the offering of oblations for the salvation of the soul of the deceased, and did not believe that a son, either by birth or by adaption, conferred spiritual benefit on the father, they were governed by the hindu law of adoption, and that it was essential to the validity of an adoption that the 'child' should be 'given' to the adopter by the father or, if he be dead, by the mother ..... . sonibai cited above, even if it be assumed that the plaintiffs represented that the defendant could be validly given in adoption there was no representation of a fact to constitute an estoppel under section 115 of the indian evidence act, 1872 ..... . the only question considered was whether in view of the invalidity of the adoption the donee was entitled to the property which had been given to him 'as the adopted son capable of inheriting in the same way as a natural born son and capable of perpetuating the line and looking to the performance of religious duties ..... . 1 attended the adoption ceremony, procured the stamp for the adoption deed, himself attested it and brought the sub-registrar to shidlingappa's house for its ..... . in mody's medical jurisprudence it is stated that the longest period of pregnancy ever known is 352 ..... . the plaintiffs' claim was held to be in time in respect of certain lands and time-barred in respect of .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1960Kant65; AIR1960Mys65; (1960)ILLJ210Kant
..... it was stated that the question of affiliation of the college to the karnataka university was considered by the government and one of the conditions imposed by the university was that the post of principal should be filled up by a suitable person and the decision was taken by the government on 22-1-1958 to sanction the affiliation of the college subject to the said condition.it was further stated that while making the recommendation the director of public instruction overlooked the fact that the government had accepted the condition imposed by the karnataka university. ..... mohamed ahamed, secretary to the government of mysore in the department of education, all that was stated in answer to the said recommendation of the director of public instruction relates to official correspondence between two authorities of the government, the deponent seeks leave of the court to refrain from traversing this allegation.we pointed out to the learned advocate general at the time he argued this case on behalf of the state that this attitude of the government was not a fair attitude to take. ..... from the text of the impugned orders it is clear that the government purported to act only under the provisions of the government servants (probation) rules, 1957. ..... the result, therefore, is in any view of the matter the said orders of the government were made without jurisdiction and are liable to be quashed. ..... relying upon certain observations contained in state of punjab v. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1960Kant83; AIR1960Mys83
..... he contends that their was an alternate case made out by the plaintiffs in para 5 of the plaint.there it is specifically stated that in case the plaintiffs fail to establish possession within 12 years, their alternate case is that in view of their being owners of the property by reason of the sale, their title should be held established and a decree for possession should follow on the basis of title. ..... it was in that connection that their lordships have also observed:'nothing is better settled than that the onus of establishing title to property by reason of possession for a certain requisite period lies upon the person asserting such possession. ..... before constituting them into a reserved forest, the madras forest act v of 1882 requires that the forest settlement officer should give a notice to the persons who claim any right or title to those properties. ..... '(10) in view of the foregoing, it cannot be doubted that where the plaintiff comes to court seeking possession on the allegation that he was dispossessed or that he had discontinued possession, it is his duty not only to prove his title but also the dispossession or discontinuance of possession within 12 years next before suit. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1959Kant239; AIR1959Mys239; ILR1959KAR437
..... the fact that ramalingiah had his own designs in bringing about the adoption and the further fact that the adoptive mother was not diligent in carrying out the directions of her deceased husband or even the fact that the pleadings are vague are insufficient to rebut the presumption raised under section 9 (1) of the hindu law women's rights act. ..... the matter came before another bench of the bombay high court, at that stage the learned counsel appearing for the contesting defendants contended that though the plaintiff may not be bound by the partition which took place between shrinivas and ramachandra, the partition does bind those who are parties to the same and the only right which the plaintiff got on his adoption was to claim the 1/3rd share in the properties of the family to which his adoptive father was entitled. ..... before examining these decisions it will be useful to clear the ground by noticing certain points which have not been controverted before us as stated earlier an adoption dates back to the date of the death of the adoptive father. ..... in the present case, however, shrinivas has died before the date of the suit and consequently, the share of the plaintiff has increased from 1/3 to 1/2, just as the share of ramachandra has similarly increased. ..... on her demise the share of the coparcener was increased. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1960Mys14; 1960CriLJ253; ILR1959KAR529
..... the rules framed under the employees' provident funds act case a duty on every employer of a factory to which the act was made applicable to submit returns in the prescribed forms; permit the inspection of the registers kept in the factory and to contribute his share of the provident fund of the employees to the account of the provident fund commissioner.accordingly the manager of the firm of the petitioner remitted the amount of the employer's share of the provident fund regularly till 10-2-1956. ..... ; and that all the workmen of the old factory who were originally covered by the employees' provident funds scheme had all been discharged with effect from 10-2-1956 after disbursing the provident fund due to them.the petitioner further stated that he started the new business in a portion of the premises and making use of the machinery that had fallen to his share from 1-1-1957 and had employed less than twenty labourers in the same and he was, therefore, not liable to submit any ..... 50/- and in default of payment of fine to suffer simple imprisonment for fifteen days. .....
Tag this Judgment!Court : Karnataka
Reported in : 1960CriLJ959
..... it was argued by sri dayananda that the recovery of the sickle is liable to be viewed with suspicion, in view of the circumstance that the accused had been taken into custody shortly after the occurrence and had been all the while in police custody and could not have had any opportunity to conceal the sickle in the haystack. ..... he was charged and tried for having caused the death of his son thimmappa by cutting him with a sickle on the morning of 11-11-1956 at hoskoti, and thereby having committed an offence punishable under section 302 of the ipc the accused had pleaded not guilty. ..... he also denied that there was any sickle in his hand; he denied that any sickle from his hand was snatched away by pandappa.it is worthy of note that this explanation was not put forward in the court of the committing magistrate; on the other hand, the accused stated before the committing magistrate that he did not know anything about the offence. ..... 21 of 1957 on the file of the extra additional sessions judge of belgaum. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1960Kant185; AIR1960Mys185
..... partitions in his family or for that matter even alienations of the properties concerned to outsiders are by themselves insufficient to destroy the title of the owner.there is no evidence in this case to show that the trustees of the plaint-temple were aware of the partitions in the family of the service holders or even about the court auction sales. ..... (2) according to the plaintiff, the plaint temple is the owner of the suit properties and the same were in possession of the archakas of the temple as service tenure-holders; now that the archakas have been removed from their service, the plaint temple is entitled to recover possession of the suit properties. ..... if the suit properties were the properties of the plaint-temple, the temple was never in possession of the same for over 12 years from the date of the suit and further that she and her predecessors-in-title have perfected their title by adverse possession, as a result of which the plaint-temple has lost its right, title and interest in the same. ..... they are: (1) the courts below misread the evidence in arriving at the conclusion that the plaint temple is the owner of the suit properties and (2) that the suit is barred by limitation or at any rate by adverse-possession. ..... , article 134-b or article 144 of the limitation act applied to the facts of that case. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1962Kant65; AIR1962Mys65
..... 35 where by they conceded certain positions as to facts and they claimed the trial of the suit on the basis of law only viz, whether the defendant is entitled to succeeded to the property of the deceased kalagounda to the exclusion of the plaintiff on the basis that a person of the full blood excludes a person of the half- blood, both being of the same class and in the same degree of relation ship the original propostius. ..... before the full bench, the cases decided by the high courts of allahabad, bengal and madras where the mitakshara law has been interpreted in the sense that the distinction between the whole blood and the half-blood expressly accepted by vijananeshavara with the reference to brothers applies to all got raja sapindas of the same degrees, were cited and after considering those cases, his lordship stated that there is a very formidable weight of judicial authority against the view taken in the case ilr 24 bom ..... justice shah and the learned judge, in the course of his judgment stated:---'their lordships did not state whether in the case of got raja sapindas of the half blood and whole blood of equal degrees the view taken by this court was or was not correct according to the true reading of the mitakshara and the vyavahara mayukha which would be the prevailing authorities in this presidency on questions of hindu law. ..... (12) sir dinshah mulla, in his book in hindi law ( section 44, page 130, 12th edn. ..... section 4. .....
Tag this Judgment!Court : Karnataka
Reported in : 1961CriLJ653
..... he strongly urges that in recalling both the eye-witnesses for further cross-examination under section 540 of the code of criminal procedure one of whom could not be so further cross-examined for the reason that he was ill and had to be carried to the court in a stretcher despite the opposition of the public prosecutor, the trial judge has stated no reasons whatever and has acted in contravention of the principles stated by this court in criminal revn. ..... it is the exclusive province and duty of the court to discover as well as it can whether the witnesses are speaking the truth or not.these shortly are the reasons why a party calling a witness cannot impeach the credit of that witness or put to him questions in the nature of cross-examination, except with the permission of the court. ..... the statutory provision directly bearing on the question is section 154 of the indian evidence act, but certain other sections of the same act, viz. ..... the case for the prosecution was that early in the morning of 2nd december, 1957, puttaswamappa, a resident of chandravadi village, had been to the neighbouring village of nellithalapurada house to fetch some jute seeds for himself and a small pup for his 9 year-old child mallesh, and was returning to his village chandravadi accompanied by varadanaika carrying jute seeds in a gunny bag and mada carrying the pup in a basket, and that at that time the 5 accused acting with the common object of murdering .....
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