Advanced Search Results

In Re: R. Subbarayan

Court : Chennai

Subject : Criminal

Reported in : AIR1943Mad602; (1943)2MLJ247

Ordinance No. XIX of 1943, because the Governor-General had not adopted the language to be found in the Decrees and Orders Validating Act, 1936 (Act V of 1937), but the fact that the section does not speak specifically of validation is, in … file of the Special Judge, Chingleput. The application involves the decision of the question whether Sub-section (1) of Section 3, of the Special Criminal Courts (Repeal) Ordinance, 1943 (Ordinance No. XIX of 1943) embodies a valid provision of

Seth Hiralal Patni Vs. Sri Kali Nath

Court : Supreme Court of India

Subject : Commercial

Acts : Code of Civil Procedure (CPC), 1908 - Sections 47 and 151; Decrees and Orders Validating Act, 1936

Reported in : AIR1962SC199; [1962]2SCR747; MANU/SC/0041/1961

appeal. It is not, therefore, necessary to determine the other points in controversy, including the question whether The Decrees and Orders Validating Act, 1936 (Act V of 1936) had the effect of validating what otherwise may have been invalid. 5. The appeal … passed as aforesaid by the Bombay High Court. 3. The appellant, as judgment-debtor, put in an objection under Sections 47 and 151 of the Code of Civil Procedure, objecting to the execution of the decree on a

Sushil Kumar Bose Vs. Emperor

Court : Kolkata

Subject : Criminal

Reported in : AIR1943Cal489

in India.13. The word 'valid' is not used in Ordinance No. 19 of 1948. Another example is the Decrees and Orders Validating Act (Act 5 of 1936), which is as follows:Whereas doubts have arisen as to the validity of certain proceedings … been a great deal of legal argument in the hearing of this application turning upon the meaning of Section 3 of the repealing Ordinance. Learned Counsel for the applicant has contended that the applicant is entitled to be

Gopi Das Mimani and Ors. Vs. Smt. Monika Daw and Ors.

Court : Kolkata

Subject : Land Acquisition

could not have amended its plaint pending before the Howrah Court in view of Section 2 of the Decrees and Orders Validating Act, 1936. It was precisely for that reason, the plaintiff on legal advice has diligently and in good faith prosecuted … towards part consideration. The oral agreement was followed by notes being prepared on the said agreement on May 3, 1987 and then again on 15th October, 1987. There are three allayed subsequent letters/notes affirming and even modifying

Nawab Syed Mahammad Hashim Ali Khan and anr. Vs. Iffat Ara Hamidi Begu ...

Court : Kolkata

Subject : Trusts and Societies

Reported in : AIR1942Cal180

Although both the suits were dismissed by the lower Court in the decrees as drawn in that Court costs have been awarded in favour of … of possession followed the execution of the wakfnama.(3) The wakf has not been made valid by the Wakf Validating Act (6 of 1913); (a) because it is otherwise invalid under the Shia law; (b) because the ultimate gift … has preferred the appeal, being No. 26 of 1936 against that decree and Nawab Hashem Ali Khan … ultimate gift to charity is more remote than allowed by the said Act; (d) because the proviso to Section 3 of the Act has not been complied with, as the ultimate gift is not valid in law, the … of the learned Judges of the High Court has observed in passing orders on the application for leave to appeal, that the gift to charity

iqbal Hasan and ors. Vs. the Sunni Central Board and ors.

Court : Allahabad

Subject : Civil

Acts : Uttar Pradesh Muslim Wakfs Act, 1936 - Sections 56; Code of Civil Procedure (CPC) , 1908 - Sections 100 - Order 6, Rule 2 - Order 20, Rule 6

Reported in : AIR1972All123

and his disciple.'12. Mutwalli has been defined in Section 3, Sub-section (3) of the U. P. Muslim Wakfs Act. 1936 (Act No. XIII of 1936) as follows:--' 'Mutwalli' means a manager of a Wakf or endowment and includes … appointed as sajjadanashin of the disputed Dargah by pilgrims assembled or by any congregation and on these findings decreed the plaintiffs' suit for declaration and possession.6. In appeal by the defendants the lower appellate court framed the … Criminal Procedure between the parties and the learned Sub-Divisional Magistrate, by his order dated 2nd September 1950, ordered the Dargah to remain attached under Section … Ashraf appellant is a de jure mutwalli of the Dargah having been validly appointed by the Sunni Central Board of Wakf, appellant? 2. Whether the

Navis Ammal Fernando and anr. Vs. S. Subbiah Iyer

Court : Chennai

Subject : Property

Reported in : (1974)1MLJ334

giving directions for payment of the amount in instalments with regard to decrees already passed. However, in the entirety of the Tamil Nadu Act, there … of the Usurious Loans Act (Central Act X of 1918) as amended by the Usurious Loans (Madras Amendment) Act, 1936 (Madras Act VIII of 1937) and the Madras Money-lenders Act, 1957 and consequently we proceed to consider only … the period of validity of licence. It also deals with appeals against orders refusing to grant licence. Section 5 imposes an obligation on a money-lender … pleaded by the 2nd defendant is true and valid ?9. To what relief, the plaintiff is entitled … the rate of interest stipulated in the mortgage deed, Exhibit A-1, were not liable to be reopened under Section 3(1) of the Usurious Loans Act (Central Act X of 1918), as amended by Madras Act VIII of 1937

Abdul Qavi Khan Vs. God Almighty Through Asaf Ali Khan and ors.

Court : Allahabad

Subject : Trusts and SocietiesProperty

Acts : Musalman Wakf Validating Act, 1913 - Sections 3 and 4; Muhammadan Law

Reported in : AIR1962All364

of the family of the wakif, within the meaning of that expression in Section 3(a) of the Wakf Validating Act 1913, hereinafter referred to as the Act. (3) That wakif No. 1 was only the usufructuary mortgagee in … Act. Jn this connection a reference may be made to Section 3(4) of the U. P. Muslim Waqfs Act, 1936, where in the definition of 'family' it has been specifically provided that persons whether related to the waqif … a mortgagee of those houses. In the result the plaintiff's suit was decreed only in respect of the two houses which could not have formed … Manchanda, J. 1. These two special appeals are against the common order of a learned Single Judge dismissing the appeals filed by the plaintiff,

Devulapalli Ramamoorthy Sastri Vs. Jallu Ammanna

Court : Chennai

Subject : PropertyCivil

Acts : Madras Estates Land Act, 1908 - Sections 3(2); Madras Estates Land (Amendment) Act, 1945

Reported in : AIR1951Mad376; (1950)IIMLJ442

is not necessary to go into other questions involved in the C. M. As. Pursuant to this judgment decrees in ejectment and for future profits shall be prepared by the office of this Court in all these … if any not already disposed of and for passing appropriate decrees or orders. The costs of the further proceedings before the lower appellate Court and … Act, 1908, as amended by the Act of 1936. . . .'It is true that there is … as held by the Courts below the village of Timmarajupalem agraharam is a whole village inam falling within Section 3 (2) (d), Madras Estates Land Act, as amended by the Madras Estates Land Amending Act, II [2] of … treated as an inam village. It is not necessary to consider the validity of the argument advanced by the appellants that after 1795 the inam

V.S. Natarajan and ors. Vs. Rani Kannuthai and ors.

Court : Chennai

Subject : Property

Acts : Madras Estates (Abolition and Conversion into Ryotwari) Act, 1948; Abolition Act - Sections 12, 14, 18(4), 47(3) and 66; Court of Wards Act, 1902; Madras Impartible Estate Act, 1904; Madras Impartible Estates Act, 1902; Madras Estate Land Act, 1908 - Sections 3(2); Madras Revenue Recovery Act, 1864; Madras Irrigation Cess Act, 1865

Reported in : AIR1974Mad98

or which may hereafter be permanently alienated either by the execution of decrees for debts incurred before the Bill becomes law or by the exercise … Land Act, 1908, except inam villages which became estates by virtue of the Madras Estates Land 3rd Amendment Act, 1936, without making any distinction between an impartible estate and a partible estate. Section 2 (C) of the Abolition … that such estate is impartible, such estate shall thereupon be deemed to have been, included in the schedule. Section 3 imposed restriction on alienations by proprietors consistent with the object referred to above. By the subsequent enactment of … estate for the time being had no unlimited power of alienation. In order to remedy the situation created by the decisions of Courts, steps had … his junior wife and his son questioned the validity of the alienation. The Judicial Committee, upholding the