Court : Karnataka
Reported in : AIR1950Kant30; AIR1950Mys30
..... the acts of the petitioners must be considered to be prima facie unlawful as offending article 17. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1951Kant1; AIR1951Mys1
..... , concurred held in dealing with this section even before the above words were added to section 34 that :'when several persons are in company together engaged is one common purpose, lawful or unlawful, and one of them, without the knowledge or consent of the other, commits an offence, the others will not be involved in the guilt, unless the act done was in some manner in furtherance of the common intention.'7. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1952Kant61; AIR1952Mys61
..... 'we may add here that as stated in wharton's law lexicon :'forfeiture is a 'penalty' for an offence or unlawful act, or for some wilful omission of a tenant of property whereby he loses it, together with his title. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1952Kant14; AIR1952Mys14; ILR1952KAR102
..... should assume the administration and function of a trustee and when called upon to account for his administration say that he acted wrongfully and that he would be always treated as if his acts were lawful and not unlawful. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1952Kant90; AIR1952Mys90
..... damages even though he has not suffered actual loss; see para 25 ibid, though, if the trespass is accompanied by aggravating circumstances, the plaintiff is entitled to recover exemplary damages; ibid para 25.trespass on goods has been described as an unlawful disturbance of the possession of the goods by seizure or removal by a direct act causing damage to goods, and the remedies available to a plaintiff against whom such trespass is committed is independent of his claims for other wrongs in respect of ..... appoint an 'ad interim' receiver to seize certain paddy crops as the property of his debtor knowing that they belonged to the plaintiff, it was held that the act was in the nature of trespass to property because there was an unlawful interference with the exercise of the property rights of the plaintiff and that he could claim damages.in 'jawahar mal v. ..... 'in the case before them, the gist of the action was not the special damage, but the unlawful attachment; and the plaintiff was not precluded from recovering ordinary damages for that actionable wrong, even if he had wholly failed to prove special damage ..... to constitute a trespass, the act must in general be unlawful at the time when it is committed, and, an act may be a trespass although it is committed by mistake or without malice.the commission of a negligent act may amount to a trespass though a person who has not been negligent cannot be a trespasser in ..... the gist of the action is the unlawful failure to deliver them up when .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1953Kant33; AIR1953Mys33
..... on the face of the instrument, the objection of 'particeps criminis' will not prevail against a bill of discovery in equity in aid of the defence to an action at law (5) under some (but not under all) circumstances when the consideration is unlawful and does not appear on the face of the instrument, relief may be given to a 'particeps criminis' in equity'. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1953Kant147; AIR1953Mys147
..... the gist of the action is unlawful failure to deliver when demanded. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1953Kant41; AIR1953Mys41; ILR1953KAR69; (1954)32MysLJ83
..... by the learned advocate-general that the view of the learned judge is wrong as he has held that the accused were members of an unlawful assembly, and from the nature of the injuries caused and the death following it, the object must be presumed to be the murder of the ..... emperor ', mr 1923 mad 369(2) 'in order to find what was the common object of an unlawful assembly at the beginning, it is not a legitimate method merely to take all the actual offences committed by it in the course of the riot, and to infer that all these were originally part of its ..... there should be a common object which can be brought within the purview of one or the other heads mentioned therein and section 142 expressly states that a person to be a member of an unlawful assembly should be aware of facts which rendered the assembly unlawful and that he should intentionally join the assembly or continue in it. ..... charge of rioting, the prosecution has to establish that there was an unlawful assembly, that force or violence was employed and that an offence was ..... a mere assembly or gathering of persons is not unlawful though some of its members may employ force to commit an offence, as it may well be that the presence of some at the time was accidental or may be due to ..... existence of a common unlawful object is a requisite for an unlawful assembly under the code and unless there is a proof of an agreement amongst persons to do anything or a plan to carry out a design, and if this is not possible, unless it is shown .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1954Kant5; AIR1954Mys5
..... pateli office, and the land has been transferred to plaintiff's possession by the revenue authorities from the possession of the defendant, a suit subsequently instituted to recover possession of the land on the ground that defendant's possession is unlawful, does not involve any question as to the title to a village office or as to the possession of emoluments as such; and is therefore within the cognizance of the civil courts. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1954Kant29; AIR1954Mys29
..... is not merely a case of an honest combination between two bidders to purchase the property at an advantageous price but goes further by resorting to a secret artifice for the purpose of defrauding a third person.....it is void as its object is fraudulent and unlawful. .....
Tag this Judgment!