Court : Karnataka
Reported in : AIR1950Kant8; AIR1950Mys8
..... father is, no doubt, the natural guardian of his minor child under his personal law and needs no sanction of the court for being appointed as such under the act; but as he has waived the duties of a father towards the child, he has evinced little or no interest in her welfare which entails forfeiture of his legal ..... j. 1. the appellant is the petitioner who filed misc. case no. 51 of 47-48 in the court of the munsiff, bangalore, under the mysore guardian and wards act for the appointment of himself as the guardian of the person of his minor daughter, lingamma, and for the custody of the minor. respondent 1 is the mother's sister ..... aptly to the facts of the case. 6. in the appointment of a guardian under the act, the paramount consideration is the welfare of the minor irrespective of technical rights and sentimental grounds. the willing entrustment of the child to the care and protection of other relations and her long and continued residence in other surrounding and consequent want of .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1951Kant72; AIR1951Mys72
..... be void,'& it is claimed that the provisions of the special criminal courts act are inconsistent with article 14 providing equality before law & article 21 dealing with protection of life & personal liberty. assuming that certain provisions of the special act are void they shall become void only after the commencement of the constitution. the ..... petnrs. contend that the expression 'shall be void' in article 13(1) renders the act void from its very inception with ..... it condemns, which proceeds not arbitrarily or capriciously, but upon inquiry, & renders judgment only after trial, so that every citizen shall hold his life, liberty, property & immunities under the protection of the general rules which govern society' ......'all men are equal before the law; 'this is a govt. of laws, & not ot .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1952Kant88; AIR1952Mys88
..... even irregularity as such, will not suffice and that there must be something which in the particular case deprives the accused of the substance of fair trial and the protection of the law.' the above extract is of some importance as this case has been referred to with approval in the judgment of the supreme court reported in 'pritam ..... according to the practice of the judicial committee in dealing with an appeal in a criminal case, the general principle is established that the sovereign in council does not act in the exercise of the prerogative right to review the course of justice in criminal cases in the free fashion of a fully constituted court of criminal appeal. the ..... a. bashiruddin ahmed, was convicted of offences under section 161 i. p. c. and section 5(1) (d) read with section 5(2) of the prevention of corruption act, 1948, and his son the second accused in the case was convicted of abetting the said offences. on appeal, the convictions of both the persons under both the sections have .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1953Kant145; AIR1953Mys145
..... x (ii) that the husband has neglected or hasfailed to provide for her maintenance for aperiod of two years;' where the prompt dower yet remains unpaid, and the condition of protection is not fulfilled, the wife may refuse to live with her husband. besides, it was the duty of the husband to maintain his wife, but he has not only neglected ..... of the present case are similar to that in the patna case and attract-the principles laid down therein. section 2(ii), (mysore) dissolution of muslim marriages act, 1943, corresponding to the indian act, 1939 runs thus:'a woman married under muslim law shall be entitled to obtain a decree for the dissolution of her marriage on any one or more of .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1952Kant131; AIR1952Mys131; ILR1951KAR486; (1953)31MysLJ103
..... district judge held that a partnership firm had come into being according to the terms of exhibit a the partnership deed and had also been registered under the partnership act. he therefore passed a preliminary decree declaring that the partnership be dissolved with effect from 8-3-1945, and directing the taking of accounts with a view to ..... to belong to them together with interest thereon or a share of the profits, whichever they choose, in accordance with the principle of section 37 of the indian partnership act. that section provides: 'where any member of a firm has died or otherwise ceased to be a partner, and the surviving or continuing partners carry on the ..... per annum on the amount of his share in the property of the firm.'he argues that the plaintiffs may invoke the provisions of section 65 of the contract act to recover the benefits or any advantage which the defendants may have realised under a void agreement. that section provides that under an agreement discovered to be void .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1953Kant33; AIR1953Mys33
..... members; and that in case she leaves him, he agreed to pay from that time, a sum of rs. 30/- per mensem for her maintenance. the undertaking to protect her while she lives in his house, obedient to him, bears no manner of connection with, and may be regarded as a mere surplusage in relation to the independent ..... that it was the outcome of fraud, force and coercion; he further, pleaded that the consideration for the agreement was opposed to public policy and offends section 23, contract act. the said agreement runs thus : 'jayamma, daughter of angadi subba rao living as tenant in house no. 11, in the said narasimharaja colony came to my house on ..... consideration in this appeal is whether the agreement upon which the suit is based is immoral and opposed to public policy and as such unenforceable under section 23, contract act. the courts below concurred in holding that the agreement created a valid and enforceable contract and decreed the suit. the defendant has come up in second appeal.2. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1953Kant130; AIR1953Mys130
..... the property hypothecated will ultimately have to be sold for the money due on the hypothecation bond and the interest thereon. to my mind, the maternal uncle of the plaintiff acted wisely and in the very best interest of the minor. it has to be remembered that out of the sale amount of rs. 400/- the amount necessary for the ..... knocked off by decree-holders for the decree amounts alone. the maternal uncle of the plaintiff who it has not been shown had anything but love towards the plaintiff acted for the benefit of the minor in selling away one of the two properties and in discharging the decree debt.it is contended that the other item of property which ..... minor, power to sell or mortgage his property. it has been observed in -- 'chennappa v. dumania thippe rudrappa', 19 mys lj 199 (a) that 'under the hindu law the acts of such 'a de facto' guardian if beneficial to the minor orfor necessity are recognised and held binding on the minor.'3. the point for consideration therefore is whether the .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1953Kant123; AIR1953Mys123; ILR1953KAR123
..... not properly taken care of in her present enviornments.4. there can be no doubt that it is best for the well-being of the child to be under the protection of its parents and the child is entitled to joint care and affection of father and mother. as observed bv pearson j. in a similar case in -- 're elderston, ..... post is in a better position than the mother who is apparently not possessed of any property to provide for the needs of the child and for her settlement in life.5. sri lakshminaranappa, the learned counsel for the mother, argued that having regard to the fact that attachments and affections of themother are higher than those of any other ..... the infant and as it is not suggested that the child is not being properly cared for, we cannot grant the petition'. subsequently she filed the application under the act in a court at bangalore for her being appointed guardian of the person and property of the minor alleging firstly that the child was not properly looked after especially because .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1954Kant145; AIR1954Mys145
..... original bidder, sriranga setty, according to the latter's instructions. one of the duties cast on the vendor by section 55(1)(d) of the transfer of property act is, on payment or tender of the amount due in respect of the price, to execute a proper conveyance of the property when the buyer tenders it to him ..... power to act.' that is clearly an understandable position. by writing ext. m to the plaintiff the secretary was not imposing any additional or new burden or responsibility on the municipal commission. ..... . t. s. desikachar who was the manager of the municipal commission has admitted in his evidence that the 'president sees every 'tappal'. at times the secretary used to act according to the instructions of the president..... ex. m was notbrought to the notice of the president. ext. m is a routine paper. on routine papers the secretary had .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1954Kant119; AIR1954Mys119
..... marriage with a close relative (for, the petitioner had married her elder sister once) has fallen through, may defeat the prospects of her securing a suitable partner in life and the damage that results thereby may be beyond repair. such risk is undoubtedly rendered possible apart from mental anguish and harm to self-reputation. there is thus possible ..... it is the author or the creator of the documents that will be liable. the expression 'makes' which also occurs in section 18 of the press (emergency powers) act is interpreted by newsam j. thus, 'prima facie a maker should refer to the creator and author and it would be straining the language of the section to hold ..... mean anything 'else than makes, that is to say, creates or brings into existence.' it is undoubted that the word 'makes' docs not mean mechanical reproduction; that 'involves a conscious act of the maker' as observed by colin j. in -- 'dickins v. gill', (1896) 2 qb 310 (f). the petitioner is proved to be the author of exs. p .....
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