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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: karnataka Year: 1950 Page 1 of about 6 results (0.012 seconds)

Nov 07 1950 (HC)

Rahmath Unnissa Begum Vs. Shimoga Co-operative Bank Ltd. and anr.

Court : Karnataka

Decided on : Nov-07-1950

Reported in : AIR1951Kant59; AIR1951Mys59; ILR1951KAR196

..... the p. c. pointed out that the pltf. had by his notice in effect intimated that he was no longer either willing or ready to perform the contract on his part & had not only thereby renounced but as from that moment disentitled himself to a decree for specific performance & had thus brought upon himself ..... amounts paid by the pltf. after adjusting towards rents had been 'kept in suspense towards the sale consideration of the house.' the result therefore is that the contract was never put an end to by deft. 1 & the pltf. can treat it as still subsisting & seek specific performance of it.15. the next ..... an absolutely necessary element in a suit for specific performance that the pltff. must establish that he was 'ready & willing' to perform his part of the contract. as we have pointed out above the pltf. has certainly been irregular in payment of the instalments bat deft. 1 appears to have been content to ..... be paid before the end of december 1947. deft. 1 did not issue any notice or other, wise intimate the pltf of their intention to cancel the contract before disposing of the property to deft. 2.12. mr. somasekhara rao, the learned counsel for resp. 1 relies on a case reported in shanmugam pillai ..... but contended that the pltf. had been extremely irregular in the matter of payment of the instalments in spite of numerous chances given to her, that the contract had, therefore, come to an end & that they were justified in conveying the property to deft. 2.2. the learned dist. j. who tried the .....

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Nov 30 1950 (HC)

Channabasavegowda and ors. Vs. Rangegowda and ors.

Court : Karnataka

Decided on : Nov-30-1950

Reported in : AIR1951Kant38; AIR1951Mys38

..... the whole of the family property on the ground that the debt for which he obtained the decree in execution of which the property was bought was a family debt contracted by the defendant as managing member of the family for its benefit unless the original suit had been brought against the defendant aa manager of the family and the decree ..... filed more than six years after the purchaser got possession under the revenue sale.4. as regards the remaining items the sale deeds, exs. i-v, recite that the debts contracted by defendant 1 for liabilities incurred by him were for the benefit of the family and that at a family settlement each of the brothers under took to discharge a ..... of the family. in 21 mys. c. c. r. 145, it was held that where all the adult male members in the family joined in contracting a debs, there arises a presumption that the debt is contracted for the benefit or for the necessities of the family. the same proposition is reiterated in 28 mys. c.c. r. 10, where plumer j .....

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Mar 09 1950 (HC)

Venkatasubbasetty Vs. Sahukar M.S. Rasavanna Devaru

Court : Karnataka

Decided on : Mar-09-1950

Reported in : AIR1951Kant5; AIR1951Mys5

..... interest of any kind at a rate exceeding 6 per centum per annum with yearly rests in respect of any loan made after the commencement of this act under a contract which provides for the payment of compound interest. 16. where the interest charged is in excess of the rates prescribed as maximum in sections 14 and 15, the court shall .....

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Sep 18 1950 (HC)

In Re: Basappa and ors.

Court : Karnataka

Decided on : Sep-18-1950

Reported in : AIR1951Kant1; AIR1951Mys1

1. this is an appeal against the judgment in shimoga sessions case 3 of 49-50 in which the appellants have been convicted of an offence under section 302, penal code, and sentenced to transportation for life.2. according to the prosecution case, the accused and others entered, on the night of 13-12-1948, a building known as tudekoppada mutt which is at a distance of a few miles from sagar and committed offences of house-breaking and robbery, in the course of which one puttasamiah an inmate of the house was murdered. p. w. 9 shiviah, to whom the mutt belongs, was residing in it with the other members of his family and a few relatives had also come in connection with some ceremony. on the night of 13-12-1948, p. w. 9 shiviah and some of the members of his family had gone to sagar to see a circus. he and one karibasiah remained at sagar, while the other members of the family returned to the mutt. early in the morning, his son-in-law lingamurti came to sagar and told him about the house-breaking, robbery and murder that had taken place in the night and a complaint ex. p-13 was filed before the police. p. w. 10 lingamurthi himself is not aware of what happened that night as he was sleeping in the upstairs of the building, while the incident took place in the downstairs. p. w. 11 gangadhariya who was also sleeping in another portion of the house was not also awake when the incident happened. the evidence of p. w. 20 kalyanaiya son-in-law of shiviah and of his wife p. w. 21 .....

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Jan 09 1950 (HC)

Chikkadodiah and ors. Vs. Government of Mysore

Court : Karnataka

Decided on : Jan-09-1950

Reported in : AIR1950Kant30; AIR1950Mys30

order1. the question for decision in these two cases is whether the convictions of the petitioners for contravention of art. 17, food acquisition (harvest) order of 1948 by removing certain quantities of paddy on the night of 11th december 1948 without permits are correct. in ore case 10 bags of paddy were found in a double bullock cart belonging to accused 1 on the way from his village gutte to another village dandinadibba, at a river bed. in the other case, there were 51 bags of paddy loaded or about to be loaded in a lorry at or near the same place for the purpose of being taken to a village in another taluk viz, koratagere. the prosecution evidence about this and the seizure of the paddy in the course of transit outside the village is not challenged and admittedly the petitioner had no permits with them for removal of the paddy. they contended, there was no need for a permit as the paddy was intended to be taken the government depot for disposal and even otherwise they are not culpable as the order said to have been contravened is itself ultra vires. the learned magistrate, taking into account the place and time at which the paddy was found for being conveyed and the suspicion attaching to it, disbelieve the plea of accused that it was about to be taken to the government depot, and held that even if it were so, the absence of a permit rendered it wrongful. the objection to the prosecution on the ground of the order not being in force at the time was rejected at and the .....

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Mar 13 1950 (HC)

Abdul Rahiman Vs. M.L. Narasimhiah

Court : Karnataka

Decided on : Mar-13-1950

Reported in : AIR1950Kant60; AIR1950Mys60

..... also impleaded as one of the properties was mortgaged with possession to him by defendant 1. the appellant pleaded that the debt was binding on the family as it was contracted for legal necessity but his contention was negatived and a preliminary decree was drawn up for division of the properties on the footing that the debt was binding only on ..... did not implead to his appeal, defendant 2 and did not agitate against the finding that the alienation was not binding on defendant 2/s share as it was not contracted for legal necessity. the appellant is not disputing that defendant 2 can have is half share in the property mortgaged to him. he is contesting only that this defendant is .....

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