Court : Kolkata
Reported in : 48Ind.Cas.561
..... the validity of the second heba is disputed first on the ground that it was a gift by kader bus to mahomed ibrahim, an adult, and to his other two sons who were minors at the time, and was consequently void, reliance being placed upon the rule of muhammadan law ..... *text viii.if he makes a gift of a house to two persona one of whom is an infant and the other adult and the infant is in, h is charge, the gift is not valid (lam tajuz) unanimously. ..... appears to be no dispute as to the validity of a gift to two donees, one of whom is an adult and the other a minor, but who is not in the guardianship of the donor at the time of the ..... text ix.if he makes a gift in favour of an adult person and in that of an infant in the charge of the adult; or in favour of two of his sons, one infant and the other adult, it is not valid (lam tajuz) unanimously. ..... the rule in question seems to be that when a person makes a gift to an adult, and an infant, who is in the donor's care or guardianship, the donor is assumed to take seisin at once of the minor's share, whereas the gift in favour of the adult requires acceptance, and thus confusion is occasioned.31. ..... is that he (father) should deliver possession of the house to the adult son and then make a gift of it to both of them. ..... is that he (father) should deliver possession of the house to the adult son and then make a gift of it to both of them. ..... is that he (father) should deliver possession of the house to the adult son and then make a gift of it to both of them. .....
Tag this Judgment!Court : Kolkata
Reported in : 1979CriLJ88
..... cannot be sentenced to death or ordinarily imprisoned in view of section 24 of the west bengal children act, 1959, he cannot be subjected to a greater penalty at the time of his trial even if he becomes an adult at the time of trial.it may be aruged that when a child has become an adult at the time of trial, his trial may proceed in accordance with provisions of general law; but in awarding sentence the court would take into account the provisions of section 24 of the ..... being a 'child' on the date of the commission of the offence for which he was convicted, his trial along with kartick who was an adult, the division bench said was clearly without jurisdiction as the said trial was held in contravention of the specific provisions of section 28(1) of 1959 act ..... not say that if a person was a child at the time of commission of the offence, but became an adult at the time of trial, he would be deprived of the benefits conferred by the 1959 act.22. ..... if we interpret section 28 to mean that it prohibits a joint trial of a child and an adult only when the child is a 'child' at the time of trial, that interpretation would go against the provisions of article 20(1) of the constitution which prescribes that no person shall be convicted of any offence except 'for violation of a law ..... , calcutta, bench 2, dated the 23rd april, 1976 framing charge against the petitioner and his order dated the 26th may, 197 directing joint trial of the petitioner with the adult accused are set aside and quashed. .....
Tag this Judgment!Court : Kolkata
Reported in : 2005(1)CHN41
..... learned judge took into consideration the fact that the census report of 1971 clearly indicates that more than three-fourths of the working adult male population of the local area included in the municipality were chiefly engaged in pursuits other than agriculture ..... ghosal submitted that, in fact, from the census report it had been found that 95 per cent of the adult male population of the area proposed to be included in the municipality are chiefly engaged in pursuits other than agriculture.16. ..... urged that no declaration could have been made by the state government under section 6(l)(d) of the aforesaid act, unless it was satisfied that three-fourths of the adult male population of the local area to which it referred are chiefly employed in pursuits other than agriculture ..... declare its intention to include within a municipality any local area contiguous to the same and defined in the notification, subject, of course, to the condition that the state government was satisfied that three-fourths of the adult male population of the local area to which it referred were chiefly employed in pursuits other than agriculture.14. mr. ..... has been indicated hereinbefore, under section 6(l)(d) and proviso (iv) thereto, the state government is required to consider whether the area to be included within the local limits of a municipality is contiguous or not and as to whether three-fourths of the adult male population of the area to be included are chiefly employed in pursuits other than agriculture .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1940Cal269
..... also admitted that the brahma family became extinct in course of time and that after the extinction of that family, which was before the british conquest of assam in 1826, the adult male members of the four surviving families had the charge of performing and looking after the ceremonies of the said deity.3. ..... afforded by these documents which begins from the year 1838 and ends with the year 1896 is that any adult person is eligible for daloiship who is a member of any of the four surviving bardeori families, viz. ..... according to the contesting defendants, there is no such restriction, and the ancient custom is that any adult male member of any of the bardeori families is eligible for election or appointment to the office of daloiship, by the members of the bardeori families who are entitled ..... the evidence establishes that for the purpose of the smooth working of the ceremonies, the adult male members of the said families appointed or elected from amongst them, one person as the chief to supervise ..... the plaintiffs rest their case on three sets of facts : (1) that the adult male members of the deka and bura families hold a preeminent position in the institution; they are entrusted with the performance of the more important ceremonies, they are en-titled to more emoluments, and ..... the question in controversy is whether the man to be selected as daloi by the bardeoris, is to be an adult male member of any of the four families, or whether the selection is to be confined to the bura and the .....
Tag this Judgment!Court : Kolkata
Reported in : 51Ind.Cas.597
..... of the minor, it was held by the judicial committee that the mortgages must be considered to be mortgages by the family entered into by the karta of the family with the concurrence of the other adult member of the family, and could, so far as they were found to have been made for the benefit of the family and for legal necessity, be enforced against all the members, and the objection ..... 247 of the contract act applies to this case, the debts due to the plaintiffs are not shown to be the debts of the partnership because the hand-note sued upon was executed by the adult brothers not in the name of the firm, nor was it shewn that the loan was necessary for the purposes of the firm. ..... the present case, however, were partitioned after the business had failed and the shares of the adult partners had vested in the receiver, there were debts due by the firm. ..... does not appear that the minor stood on a different footing from the adult members of the family for the benefit of which the karbar was started ..... no doubt, it is necessary that there should be some consentient act on the part of the adult partners but it is difficult to see how a minor, who is incompetent to contract, can enter into an agreement or give his ..... that being so, he becomes jointly and severally liable like adult partners, though that liability is limited to his share ..... viz' the munshigunge and the kalibazar business were carried on, on behalf of the joint family, by nilratan as karta, assisted by the other two adult brothers. .....
Tag this Judgment!Court : Kolkata
Reported in : 2007(3)CHN208
..... the messenger shall obtain the signature of the member or the adult member, as the case may be, of his family residing with him, in the office copy of the notice as a receipt thereof. ..... (3) if the member is absent and there is no other adult member of his family to whom notice may be delivered or the member or any adult member of his family refuses to receive such notice, then only notice may be served by affixation on the outer door or some other conspicuous part of the house of the member in the presence of not less than two ..... (2) in the absence of the member, such notice may be delivered to an adult member of his family residing with him.if such service is accepted by such member of the member's family, the messenger is required to obtain his signature in a copy of the said notice, as an acknowledgement of such service. ..... if the member is absent and there is no other adult member of his family to whom the notice may be delivered or a member or any adult member of his family refuses to receive the notice, it may be served by affixing on the outer door or some other conspicuous part of the house of the member in presence of not less than two witnesses. ..... in the absence of the member, the notice may be delivered to an adult member of his family residing with him. .....
Tag this Judgment!Court : Kolkata
Reported in : (1990)IILLJ346Cal
..... and ordered the respondents before him, to consider the issue as regards the grant of time-bound scale of pay to the said respondents as attached to the rural functional literacy project under the directorate of adult education, government of west bengal, in the same line which has been given to all other types of employees and has also directed that such time-bound scale of pay be offered to the said respondents ..... there is hardly any dispute that the duties and responsibilities of the project officers attached to farmers' functional literacy project and those of the non-formal adult education programme, are really akin to those of the said respondents as attached to the rural functional literacy project and the contentions of the said respondents are correct, then the concerned arbitrary action ..... it was also claimed by the said respondents that as such supervisors, they, as attached to the rural functional literacy project under the concerned directorate of adult education in the state, were and arc entitled to have their pay, emoluments and scales fixed in the time-bound scale of pay and as such, they could not be given only a consolidated pay ..... the writ petitioners/respondents (hereinafter referred to as the said respondents) claimed to be the supervisors in the whole-time employment of the adult education project and it was their grievance in the proceedings that although all other members of the staff of the said project have been given a time-bound scale of pay, such scale .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1927Cal836
..... the 18th march 1921 and it purported to have been made by akbar khan for himself and as ammukhtear for solema bibi, defendant 10, the widow of amanat khan, and also as am-mukhtear for rohima bibi, the adult daughter of amanat, and as guardian on behalf of the minor sons and daughters of amanat named soleman khan. ..... biswas on behalf of the appellant in appeal 77, that this mortgage was not for the purpose of carrying on the business of the partnership and therefore would not under any circumstance be binding on the minors or the adult persons, who have not been found to have been a party to the mortgage. ..... as to solema bibi, the widow of amanat and rohimar bibi, the adult daughter of amanat, who gave an am-mukhtearnama to akbar their contention was that they gave him power to realize the outstanding dues that would fall to their share on the death of amanat. ..... if that is so, section 247, indian contract act, has no application to the present case, and i have already stated that there is nothing to show that the adult heirs of amanat had anything to do with the partnership business as alleged.16. ..... nainuddi, the adult son of amanat, and by asrabannessa, the adult daughter of amanat. ..... the subordinate judge also held that the deed was not properly executed by asrabannessa, the adult daughter of amanat. ..... the adult son of amanat, called naimuddi, was defendant 12 in the court below. .....
Tag this Judgment!Court : Kolkata
Reported in : 2005(1)CHN435
..... notice, or by sending it by registered post, to the encroacher, or(b) if such encroacher cannot be found, by affixing the notice on some conspicuous part of his last known place of abode or business, or by giving or tendering the notice to some adult member of his family or any other adult person living with the family or by causing the notice to be affixed on some conspicuous part of the property to which it relates:provided that where the encroacher on whom the notice is to be served is a minor, service upon .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1924Cal710,84Ind.Cas.204
..... ex facie under section 7 of the limitation act, 1908, the application for execution is hot barred, unless it is established that the adult decree-holders could legally give a discharge for the debt without the minor decree-holders joining them in giving such discharge. ..... it appears to me that the certificate as described by the learned judge was in effect granted to the two adults, with the addition that habibar rahman had three minor brothers, entitled to share with him in any assets recovered under the ..... the only point that demands consideration is whether in the circumstances of this case, the adult decree holders could give a valid discharge in respect of the decretal debt without the concurrence of the minor decree- ..... facie, the application is barred by limitation but the courts below have held that limitation was saved by the fact that some of the decree-holders were minors and that the adult decree-holders could not give a discharge without their concurrence. ..... the question is whether habibar rahman and the other adult holders could by that certificate give a valid discharge to the judgment- ..... 348 in support of the proposition that the adults could give a valid discharge, quite apart from their powers under the ..... in this view i think that the two adults were competent to give a valid discharge to ..... purported to be made by five persons, the adult son habibar rahman and the widow of the deceased and the three minor sons represented by their adult brother as their guardian. .....
Tag this Judgment!