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The Mysore Chief Court Reports: Reports of Cases Decided in the ..., Volum 7
Visualització completa - 1906
The Mysore Chief Court Reports: Reports of Cases Decided in the ..., Volum 13
Visualització completa - 1908
The Mysore Chief Court Reports: Reports of Cases Decided in the ..., Volum 8
Visualització completa - 1905
2nd defendant according accused admitted adverse possession agree alleged amount appeal application attached award Bangalore barred bound brother brought cause charge Chief Court Chief Judge Civil Procedure claim Code of Civil complainant contended contract conviction costs counter-petitioner Criminal Procedure Criminal Revision decision decree defendant's delivered direct dismissed District Magistrate document entitled evidence examined execution facts fees finding following Order Government Gowda ground Held holding imprisonment interest issue Justice Best Justice Meenacshaya Justice Ramachandra Iyar land lease matter ment Miscellaneous mortgage Munsiff Mysore objection obtained offence opinion Original paid parties passed payment Penal Code person petitioner plaint plaintiff possession present Procedure Code proceedings produce proved purchaser question reason record referred rent reported respondent rule Second Appeal Section sentence share sold sued sufficient suit taken tion village witness wrong
Pàgina 71 - But when the members of an undivided ' family agree among themselves with re'gard to particular property, that it shall 'thenceforth be the subject of ownership ' in certain defined shares, then the character ' of undivided property and joint enjoyment 'is taken away from the subject matter so "agreed to be dealt with; and in the estate "each member has thenceforth a definite " and certain share, which he may claim a " right to receive and to enjoy in severally, " although the property itself has...
Pàgina 132 - The object of a sale of mortgaged property in execution of a decree is not to transfer the debt from the debtor to the purchaser of the mortgaged property, but to obtain satisfaction out of the security. Thus, whether the decree do or do not direct the sale of the mortgaged property, the mortgagee, when he puts that property up for sale, sells the entire interest that he and the mortgagor could jointly sell.
Pàgina 226 - A person is guilty of a public nuisance, who does any act, or is guilty of an illegal omission which causes any common injury, danger, or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger, or annoyance to persons who may have occasion to use any public right.
Pàgina 81 - If his debt was of a nature to support a sale of the entirety, he might legally have sold it without suit, or the creditor might legally procure a sale of it by suit. All the sons can claim is that, not being parties to the sale or execution proceedings, they ought not to be barred from trying the fact or the nature of the debt in a suit of their own. Assuming they have such a right, it will avail them nothing unless they can prove that the debt was not such as to justify the sale.
Pàgina 131 - Where a mortgagee in execution of a decree for the satisfaction of Attachment any claim, whether arising under the mortgage or not, attaches the mort- ofmOTtgage<l gaged property, he shall not be entitled to bring such property to sale otherwise than by instituting a suit under section 67...
Pàgina 80 - Pontifex in giving his decision says, at page 852 : " It has been decided that if the managing member of a family, the other members of which are at the time minors, having authority (the touchstone of which is necessity) mortgages the whole 16 annas of the ancestral property, then, in a suit by the mortgagee, the sale under the decree would pass the whole 16 annas of the mortgaged property, although the mortgagor alone was made Defendant ; and the reason for such decision probably is that the 16...
Pàgina 196 - The Chief Justice cites also section 423 of the Indian Penal Code, which punishes with fine or imprisonment, or both, any one " who dishonestly or fraudulently signs, executes, or becomes a party to any Deed or Instrument which purports to transfer or charge property, and which contains any false statements relating to the consideration for such transfer or charge, or relating to the person for whose use it is really intended to operate.
Pàgina 100 - I should have rescinded the transaction."1 § 120. The most general class of cases relied on as exceptions to the rule, is that class where the party has acted under a misconception, or ignorance of his title to the property, respecting which some agreement has been made, or conveyance executed. So far as ignorance in point of fact of any title in the party is an ingredient in any of these cases, they fall under a very different consideration.
Pàgina 185 - Judgments and orders passed by an appellate Court upon appeal shall be final, except in the cases provided for in S. 417, and Chapter XXXII.
Pàgina 101 - A party can hardly be said to intend to part with a right or title, of whose existence he is wholly ignorant; and if he does not so intend, a court of equity will in ordinary cases relieve him from the legal effect of instruments which surrender such unsuspected right or title.