Court : Allahabad
Reported in : AIR1924All277; 74Ind.Cas.721
..... latter was under the guardianship of the trustees appointed by his father's will and musammat chameli had been excluded by the terms of the will from any effective control over, or responsibility for, the affairs of the minor, indeed, the manner in which this illiterate pardanashinlady was involved in the transactions of october the 21st and ..... dwarka das. no attempt was ever made by any person interested in the propounding of this document to make use of the procedure provided by the indian registration act and the rules made there under to compel registration in respect of these recalcitrant or negligent executants. ghasi ram asks us to believe that the whole four of ..... in immoveable property of the value of more than rs. 100, within the meaning of these words as they appear in section 17(1) of the indian registration act, xvi of 1908. apart, therefore, from other considerations, the non-registration of this document makes it inoperative in so far as it purports to affect those of .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1924All514; (1924)ILR46All303
..... and is accepted by the transferor. i observe that both in calcutta and madras, stress has been laid upon the terms of section 2, clause 7 of the registration act, old act iii of 1877. clause 7 of section 2 states that a lease includes a counterpart, kabuliat, an undertaking to cultivate or occupy, and an agreement to lease. from ..... mean that the provisions in section 107 relating to registration were intended to supersede and to absorb the provisions relating to registration of leases which were contained in the registration act that had been passed five years earlier. for these reasons, taking the view of the law which i consider to be the view taking the view of the law ..... the premises is not sufficient to bestow title upon the person occupying the premises and can in no way be considered a lease as defined in section. 105 of act iv of 1882. the result of this decision would be that this appeal would succeed, and the district judge's decision upon a preliminary point of law having been .....
Tag this Judgment!Court : Allahabad
Reported in : (1924)ILR46All489
..... that no property may be sold, in-execution of a simple money decree, unless the same has been attached previously, so as to bring the same within the control as it were of the court. in the case of a sale under a mortgage decree, no attachment is necessary, for the decree,--the order of the court ..... to mortgages included in section 69) which were contained in section 85 and following sections, (being really rules of procedure), were cut out of the transfer of property act, and were reproduced with such modifications and amendments as seemed then necessary, and consolidated in order xxxiv. the law has not been materially altered, the only real alteration ..... question before us relates to the enforcement by the court. the change introduced into order xxxiv, rule 14, as opposed to section 99 of the transfer of property act which it replaced, is significant. the mortgagee was under the old law prohibited from bringing the mortgaged property to sale in satisfaction of a claim, 'whether arising under .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1925All253a
..... empowered to prescribe the conditions under which a candidate would be held to have passed the examination at all. moreover, by clause (22) of the first schedule appended to act no. xvi of 1915, which, contains the statutes, of the university, it was the duty of the syndicate, amongst other things, to declare the results of the ..... the argument on this point was pressed upon ma in two different forms. it was contended that the syndicate of the banare3 hindu university should be presumed to have acted in accordance with, and not in contravention of, the regulations by which it was bound, and that, therefore, any reasonable or possible interpretation of the terms of ..... of chapter xxvi of the regulations of the benares hindu university. these are the original regulations of the university which, in accordance with section 18(2) of the act xvi of 1915, by which the said univer-no. sity was constituted, were framed under the direction of the governor-general in council, received the approval of the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1925All519
..... increased by rs. 8,400. a committee was appointed containing several persons besides directors, and in the result the bank was supposed to have secured possession and control of the annapurna grain as a preliminary step to a complete mortgage. ultimately in 1923, 8 years after the resolution of the shareholders, a mortgage-deed was ..... of breach of confidence may be called into question by the liquidator. the only check to be applied is that afforded by section 281 of the companies act. if an act has been done honestly and reasonably, nobody need be liable. further, if article 36 applied, a fraudulent director has only to keep the shareholders and others ..... directors to manage the business of the company, the directors submitted their judgment to the disposal of the manager, it can hardly be said that these gentlemen acted reasonably. his lordship here discussed facts and proceeded:the facts noted above will clearly show that none of the gentlemen who figure as the directors took any genuine .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1925All787
..... other sections of chapter iii. courts have invariably applied these sections contained in chapter iii to appeals pending in high courts though there is no specific provision in the act under which these sections are made applicable to appeals in the high court and though the heading of that chapter points to a contrary direction.8. but it is ..... should be tied down to this haphazard estimate when on the face of it the valuation is merely tentative.14. it is a sound rule of interpretation that fiscal acts should be construed strictly against the government. the present defendants cannot be called upon to put a higher valuation on their appeal and consequently to pay a larger sum ..... of court-fees unless the provisions of the court-fees act clearly require it. schedule i, article 1 requires an ad valorem fee on the amount or value of the subject-matter in dispute on a memorandum of appeal .....
Tag this Judgment!Court : Allahabad
Reported in : 90Ind.Cas.358
..... according as the marriage is not or is blameworthy. for instance if a virgin widow has not passed out of her parent's family and is still under its control and her parents or other legal guardians in pursuance of the caste custom which allows such marriage give her away in marriage a second time as if she were ..... tolerated in ordinary citizens. to identify modern forms of marriage such as those proposed by dr. gour's marriage bill or allowed by the hindu widow's re-marriage act with this primitive and obsolete form would be historically unsound and socially reactionary. to quote mayne again, 'this form belongs to a time when the notion of marriage involved ..... would, therefore, be inappropriate, to put them in any of these eight categories.10. similarly there may be statutory forms, e.g., marriage under the widows re-marriage act which also may be difficult to class under any of the above forms.11. i am, therefore, not prepared to accept the contention of the learned advocate for the appellant .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1927All132
..... see ratanchand dharamchand v. secretary of state [1914] 18 c.w.n. 1340. taking the language of the section as it stands along with the definition of act in the general clauses act where an act will include illegal omission, that is to say, an omission which gives rise to a civil action, it is difficult to place any restriction on the section ..... the plaintiff to maintain a charge. he was directed by the district judge to resist the suit for the purpose of settling certain matters. it does not appear that any act or omission can be predicated on the part of the official receiver as one in respect of which the suit is being brought. section 28(6) of the provincial insolvency ..... really understood that a prior charge had been created in its favour. we are unable to hold that this is a case where the charge merely fails by some inadvertent act on the part of the persons concerned, which equity might regard as being fulfilled. the probability is that the bank did not accept the offer of a charge on .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1928All422
..... severance of status of a joint family.(e) where severance is effected by explicit declaration, the result is decisive, and the legal result cannot be affected or controlled by the subsequent conduct of the parties.(f) in the absence of an explicit declaration, an inference in support of the intention may be drawn from evidence ..... certain point some features of similarity.62. the property in suit belonged to four brothers, who executed a document, miscalled a mukhtearnama, appointing certain persons to act as arbitrators and effect a final division of the joint family properties. the material portion of this document was in these terms:already, three years ago, not ..... of reference should culminate in a written award. it is possible that for some reason or other the arbitration fell through. the arbitrators may have refused to act. difficulties may have arisen in bringing together all the three arbitrators, who ware residents of three different places. the other members of the family may have .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1929All353
..... which and the purposes for which leave should be granted and those where it should be refused. unlimited jurisdiction has been, therefore, conferred by section 171, companies act, on the winding up judge, to withhold leave for such time and on such terms or altogether as the circumstances of each case may warrant.83. where ..... in section 229 i would hold the provisions of section 9(2), section 28(6) and section 47 to be imported unless there be something in the companies act itself either directly substituted for those provisions or something otherwise showing that the importation of those provisions is inappropriate. i agree, therefore, with weir j.'s, interpretation ..... principles. under the transfer of property act an interest is transferred to a mortgagee. a mortgagee's estate, so to speak, is carved out of the original estate and vests in the mortgagee, when a company is in liquidation, only the property of the company comes under the control of the court or the official liquidator .....
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