Court : Karnataka
Reported in : AIR1950Kant33; AIR1950Mys33
..... minors and other members of a joint family are bound by the decision. and it equally certain that when parties representing different branches of the family arrive at a settlement such settlement cannot be questioned either by them or by the persons, who are represented by them even though they are minors except in a suit properly instituted for that ..... . 98):'a guardian of minors cannot enter into an agreements with a third person which can give the wards the status of partners with the third person.25. the payment of rs. 2,500 to plaintiff 1 and his father does not strictly speaking amount to a gift as was argued, since it was paid in consideration of those ..... the nandidroog mines cash book extracts, it was also the same kind of building and masonry work, that loganathan had been doing for the company, for which the last payment made to his hands by the company was in may 1899, that since december 1900 vaidyalingam's eldest son shanmugam in whose name the business was started, had come to .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1950Kant8; AIR1950Mys8
..... be better served by allowing her to remain with the respondents who have so well cared for her, even to the extent of making a decent provision by way of settlement of immoveable properties for her future welfare. 7. we, therefore, see no reason to interfere with the order of the lower court; this appeal is dismissed, the parties ..... . respondent 1 has sworn that she is bringing up the child with love and affection which is amply supported by the statements contained in the gift deed and the settlement of properties for her future provision. in fact, the respondents who are childless have done more than what the father himself would have done under the circumstances. in 1944 ..... were childless. ever since, they have been looking after the child with love and affection as if she were their own child and in june 1944 have made a settlement on her of three items of lands and a house of become the separate property of the minor for her future welfare. regarding the allegation of marriage, they deny .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1950Kant13; AIR1950Mys13
..... 3rd september 1997 in favour of the deceased husband of the plaintiff. the plaintiff relied on an endorsement on the promissory note dated 7th september 1940 for the payment made towards interest. the defendant is admittedly an agriculturist. the defendant is admittedly an agriculturist within the meaning of the mysore agriculturists' relief act and he has ..... pronote dated 3rd september 1937. the suit was field only on 6th september 1946 more than three years after 7th september 1940, the date of the endorsement of payment of interest, but within six years from the date. if the defendant was not an agriculturists within the meaning of the mysore agriculturists' relief act, it is ..... ' relief act, and does not lay down an independent and self-contained provision as regards the limitation act, and to reckon limitation from the date on which date a certain payment towards the khata balance has been made.'following kishore lal stores v. jagannath, a.i.r. (31) 1944 bom. 89: (i.l.r. (1944 bom. 71 .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1950Kant43; AIR1950Mys43
..... realisation of the debt. section 26 provides that when an application has been made to the board, under section 4 any suit or other proceeding then pending for the settlement of which application has been made shall not be proceeded with until the board has dismissed the application. neither section 9 nor section 17 does provide for filing further ..... application has been made to a board under section 4, any suit or other proceedings then pending before a civil court in respect of any debt for the settlement of which application has been made shall be suspended until the board has dismissed the application.'the debtor is entitled to make an application for ..... settlement of the debt with the creditor under section 4. section 5 provides certain formalities to be observed and section 6 mentions the particulars to be stated in the application .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1953Kant4; AIR1953Mys4
..... with a case where the plaintiff stated that on the dissolution of a partnership by efflux of time, there had been a settlement of account and the total loss in the partnership ascertained. the liability of the defendant who owned a four anna share in ..... been found at a certain sum. the defendant had accepted the settlement of accounts and the amount of loss payable by him and agreed to pay it and had also made some part payments. when he was sued for the balance he raised the bar ..... of section 69(1).their lordships having come to the conclusion that the settlement of accounts between the partners of a dissolved partnership ..... other nor was it in the nature of an ascertained liability after or at the time of the dissolution. 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 .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1954Kant23; AIR1954Mys23; ILR1953KAR344; (1954)32MysLJ170
..... on the facts their lordships who decided it were of the view that there were no cross demands between the parties and that therefore there was nothing by way of settlement of account. 'sasi kanta v. bonaulla' : air1929cal444 which has been of a promise to pay will not bring an acknowledgment of debt under section 25, contract act. in ..... the entire debt as at a certain figure and then agreeing that it has been discharged to such and such an extent so that there will be complete satisfaction on payment of the agreed balance.' in -- 'air 1934 pc 144 at p. 145 (b)', their lordships found fault with the courts below observing that they had dealt with the ..... transaction is in truth bilateral and creates a new debt and a new cause of action; it was not material whether the only payments made by one party were simply payments in reduction of an indebtedness or were payments made in respect of other dealings. in any event items must be ascertained and agreed on each side before the balance can be .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1953Kant125; AIR1953Mys125; ILR1953KAR201
..... be unsafe to presume that feeling of enmity on the one side would normally engender a similar feeling on the other side and that the reversal of the agreed settlement regarding the election must have evoked & revived bitter feelings. it will be clear from the above discussion that apart from the doubtful value to be attached to the ..... focus official frown on the appellants, there is no evidence on record to show that, prior to the incident and after the settlement embodied in exhibit p-14, the appellants and their party men tried to steal a a march over the deceased and his party men or tried to hurt in ..... is no positive evidence to show that the appellants bore ill-will towards the deceased.he argued that, though the deceased and his party had, even after a settlement of the differences between the two parties regarding the village panchayati election, been manoeuvring things against the appellants in the matter of the panchayat election and to secure and .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1953Kant156; AIR1953Mys156; ILR1953KAR440; (1954)32MysLJ12
..... the supply of water to wet lands from a government source in mysore rests exclusively in executive officers of government and owners of lands classified as dry in the settlement have no preferential right over holders of wet lands under the source, and that a grantee of 'nirasardi' rights which was in the nature of a licence for ..... to government. this is .....directly opposed to section 70 of the act which declares that the right of occupancy is a heritable and transferable right subject to the payment of land revenue to government. the learned advocate-general when pressed to say if this would not be the result if we accepted the interpretation canvassed for by him ..... land revenue code the said land to the said a, his heirs, personal representatives and assigns under the terms of the survey guarantee rule and subject to the regular payment of the land revenue assessment'.6. it then provides for recovery of the dues in the manner prescribed by the land revenue code in the event of default, .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1959Kant204; AIR1959Mys204; ILR1958KAR897; (1958)36MysLJ948
..... act, on the presentation of an application by the debtor and after examining the debtor, if the board is of opinion that it is desirable to attempt to effect a settlement between him and his creditors, a notice shall be issued and served or published in the manner prescribed, calling upon every creditor of the debtor to submit a statement of ..... ' in sub-section (2) of section 10 makes no distinction between secured and unsecured creditor. although under section 14 of the act a secured creditor cannot be affected by a settlement, unless 'he agrees to it, yet he is bound to file a statement under section 10(1) and therefore, the debt due to a secured creditor, if he does not .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1960Kant267; AIR1960Mys267
..... to all the creditors as a body, and not to any single individual creditor. just as in this case, the notice invited the creditors to meet for a settlement. a composition arrangement was proposed to pay 2s. 6d. in the which was not accepted. it was held by their lordships that.'the creditors receiving such a letter ..... air 1932 lah 643(2) where it is held that 'mere intimation of inability to pay by itself does not ordinarily amount to notice of suspension of the payment of the debts. a revision petition against the appointment of an interim receiver pending disposal of an application for adjudication of the petitioner lala harikishan lal as insolvent ..... creditors for the purpose of realising our assets and thereby discharging our liabilities.'it is argued on the basis of the above statement that instead of indicating suspension of payment, it indicates willingness to pay and discharge their liabilities. the notice, however, should be read as a whole. it starts with a recital that the firm has .....
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