Judgment Search Results Home > Cases Phrase: appropriation railways vote on account act 2005 Sorted by: recent Page 10 of about 612 results (0.047 seconds)

Syed Shah Maidal Islam and ors. Vs. Commissioner of Wakfs and ors.

Court : Kolkata

Reported in : AIR1943Cal635

..... on an average of the collections of the three previous years made on account of miscellaneous receipts such as salami, jalkar, phalkar, bonkar, hatkar, sale precedes of timber, fuel, shrubs, grass, sand, earth, stone and similar other items, and also of nazars or presents in cash or kind made to a mosque or a shrine belonging to and maintained by the wakf properties, (e) estimated annual income of all properties of the wakf appropriated for the use and occupation of the mutwallis and his ..... it thus appears that even assuming that these descendants come within the description of per-sons specified in section 6(11) of the act and that what is payable to the mutwallis under the wakf can be said to be payable to these descendants under the wakf because they are to be the mutwallis under it, less than 75 per cent, of the net available ..... this appeal by the plaintiffs arises out of a suit for a declaration that a certain wakf is a wakaf-alal-aulad as defined in section 6(11) of act 13 of 1934, and that the action of defendant 1 (commissioner of wakfs) in treating it as a public wakf and assessing it as such and appointing a committee of management is illegal and ultra vires and for a refund of the excess money realised from ..... in determining the net available income of a wakf as defined in sub-section (7) of section 6 of the bengal wakf act, 1934, for any year it shall be necessary to ascertain the gross annual (estimated) income of the wakf for that year.2. .....

G.T.S. Abdul Latiff Sahib Vs. T.V. Kuppuswami Ayyar and anr.

Court : Chennai

Reported in : AIR1936Mad946

..... to may 1924, the monthly payments were regularly made; but from june onwards the plaintiff bank appropriated a sufficient sum from other accounts to meet the interest due on these mortgage bonds and monthly subscriptions.2. ..... defendant 1 made his monthly payments he must have had in mind the accounts of the bank with which he was so closely associated, and intended it to be appropriated according to the terms of the bond and of the rules. ..... it would be iniquitous if defendant 1, knowing in advance that adjustments would, in the ordinary course of business, be made, knowing soon afterwards that adjustments were made, and obviously authorizing the bank to obtain funds from the accounts of others to discharge his debts, should be allowed to escape liability merely because he was not present on the actual day on which the adjustments were made. ..... this suit on the mortgage bond, the question that arises is whether the appropriation towards interest came within the mischief of section 20, lim. ..... knew, when-ever he had a credit, how it would be treated in the accounts and how in due course it would be adjusted against interest and subscriptions due. ..... admits that up to august 1924 he had a working knowledge of the accounts of the bank, but denies that he had so afterwards. ..... act, a payment towards interest must be a conscious act: vide chinnaswami ..... act, from obtaining a personal remedy against defendant ..... act, and so saved the plaintiff's personal remedy for the mortgage amount from the bar of .....

Klamath and Moadoc Tribes of Indians Vs. United States

Court : US Supreme Court

..... findings of fact requiring conclusion to the contrary, it is to be presumed that all things necessary to make the appropriation effective and the release valid were done regularly and in accordance with the expressed will of congress. ..... a release of a claim given by indian tribes in accordance with an act of congress appropriating the money received by them in settlement cannot be avoided by the courts upon the ground that the amount paid ..... it is to be remembered that the act of april 30, 1908, was passed by congress in the exertion of its untrammeled power in behalf of the united states to fix, as it deems appropriate and just under the circumstances, the amount of compensation to be paid the indians for the rights of the plaintiffs lost by the taking ..... congress has untrammeled power to fix as it deems appropriate and just under the circumstances, the compensation that shall be paid an indian tribe for the taking of part of ..... a proviso declares: "that this appropriation shall not be effective until said indians, through the usual channels, shall execute a release of any claims and demands of every kind against the united states ..... an act appropriating a sum to the credit of indians declared that it was not to be effective until the indians, "through the usual channels," had executed a release of any claims against the united states for certain land ..... determination had been made by the senate and account was stated by the secretary of the ..... were allowed to vote in indian councils. .....

Shankar Roy Chowdhury and anr. Vs. H.E.A. Cotton and ors.

Court : Kolkata

Reported in : AIR1925Cal373,85Ind.Cas.14

..... of his excellency's executive council and that it was not really necessary to bring forward again any demand for grant of salaries to the ministers and that if his excellency has given directions for a motion for appropriation of revenues to be brought forward in the manner indicated in item 6 in the agenda, it was because his excellency desired to do every courtesy to the members of the bengal legislative council and because and ..... rule 94, and therefore, the conclusion is irresistible that save and except what is provided for in section 72-d of the government of india act and rule 94 of the rules and standing orders, there cannot be made any demand for grant even if his excellency the governor makes a recommendation for appropriation of provincial revenues on occasions not provided for in the said section and the said rule. ..... his pleasure.there may be paid to any minister so appointed in any province the same salary as is payable to a member of the executive council in that province, unless a smaller salary is provided by vote of the legislative council of the province.no minister shall hold office for a longer period than six months, unless he is or becomes an elected member of the local legislature.11. ..... head 22-general administration (transferred) on account of salaries of the ministers.6. ..... session; for to render parliamentary control effectual, it is necessary that the house of commons should have the money transactions of the year presented to it in one mass and in one account. .....

Sri Gadicherala Venkatanarasimha Rao Garu Vs. Nyapathy Subba Rao Pantu ...

Court : Mumbai

Reported in : (1923)ILR46Bom300

..... (1) the suit is not maintainable under section 92 of the civil procedure code inasmuch as there is no trustee in charge of the alleged trust estate; (2) the terms of the will are so vague that the bequest must fail on account of uncertainty; and (3) the defendant being the adopted son of the testator is entitled to repudiate the bequest made by the will as he succeeded to the whole of the testator's property by right of survivorship.21. ..... court held that the grant in favour of the temple was invalid as not having been recognized by-custom to be appropriate at the time of adoption or binding upon the adopted son in modification of the strict rules of hindu law. ..... upon such words the court, could have charged him with maladministration, if he had applied the whole to purposes, which according to the meaning of the testator are benevolent and liberal, though not acts of that species of benevolence and liberality, which this court in the construction of a will calls charitable ..... the sense of the passages and authors alluded to, treating upon the great and extensive sense of the word 'charity' in the christian religion, this testatrix meant by these words to confine the defendant to such acts of charity or charitable purposes as this court would have enforced by decree, and reference to a master. ..... by the learned sub-ordinate judge, when there is a will in existence section 6 of the indian trusts act makes it unnecessary that there should be a transfer of the trust property to the trustees. .....

Sri Gadicherla Venkatanarasimha Rao Garu Vs. Nyapathy Subba Rao Pantul ...

Court : Chennai

Reported in : AIR1923Mad376; 73Ind.Cas.991

..... maintainable under section 92 of the civil procedure code inasmuch as there is no trustee in charge of the alleged trust estate: (2) the terms of the will are so vague that the bequest must fail on account of uncertainty; and (3) the defendant being the adopted son of the testator is entitled to repudiate the bequest made by the will as he succeeded to the whole of the testator's property by right of survivorship.19. ..... that the grant in favour of the temple was invalid as not having been recognised by custom to be appropriate at the time of adoption or binding upon the adopted son in modification of the strict rules of ..... to a declaration that the fund which he had appropriated to that purpose is to be subject to a reduction to the amount of the legacies, and the first of them, after those which relate to the hospital, had an express reference to this appropriation of his property by its commencing with the words, ..... fund ear-marked to be impressed with the trust, and in the former there was no appropriation of assets and the trust fund was yet to be ascertained. ..... could have charged him with maladministration, if he had applied the whole to purposes, which according to the meaning of the testator, are be never lent and liberal: though not acts of that species of benevolence and liberality, which this court in the construction of a will calls charitable ..... executors appointed by the testator declined to act and all the trouble has evidently arisen on account of their unwillingness to act. .....

Capital Trust Co. Vs. Calhoun

Court : US Supreme Court

..... agents, attorney or attorneys to exact, collect, withhold, or receive any sum which in the aggregate exceeds twenty percentum of the amount of any item appropriated in this bill on account of services rendered or advances made in connection with said claim, any contract to the contrary notwithstanding. ..... evidence and trial, favorable findings were secured, upon which congress appropriated an amount in payment, but with the restriction that no part thereof in excess of 20% should be paid to or received by any attorney on account of services rendered in connection with the claim, the act further declaring it a misdemeanor for any attorney to exact or receive for such services any sum exceeding that percentage of the amount appropriated, any contract to the contrary notwithstanding. ..... of the treasury to issue a warrant to him for the sum of $1,003, which he recited was to be payable to him on account of services as attorney in the claim of the capital trust company against the united states, as appropriated for by the act of congress, the receipt of said warrant to be taken and accepted as a full and final release and discharge of any claim he had against the united states on account of services in said claim. ..... 623, where it was held that the act of congress approved march 14, 1915, appropriating money for the payment of similar claims and containing a similar provision limiting an attorney's fee to twenty percent of the amount recovered, was, insofar as it attempted to limit the .....

Ramji Bapuji Patil Vs. Pandharinath Ravji

Court : Mumbai

Reported in : AIR1918Bom1; (1919)21BOMLR56

..... as to the decrees under the dekkhan agriculturists' relief act, section 15b, sub-section (1), expressly provides that the court can give directions 'where the mortgagee is in possession, as to the appropriation of the profits and accounting therefor as it thinks fit. ..... whether the plaintiff is entitled to have the property back, and that the court being a court of equity and acting upon the principle that it is always the aim of a court of equity to finally determine as far as possible all questions concerning the subject of the suit, the account should be taken up to the time of the decree, and the account so taken should be considered to be binding, and the parties should not be at liberty, except under peculiar circumstances, to ..... a suit for redemption under the dekkhan agriculturists' relief act is substantially a suit to have an account taken in accordance with the provisions of section 13, and a decree for foreclosure is never passed in the first instance, or until the mortgagor has had ample opportunity of paying the sum found to be ..... the substantial cause of action within the meaning of section 2 of act viii of 1859, in the present suit, that which the plaintiff desires to have heard and determined, is the state of accounts which has arisen since the 18th april 1868,--obviously an entirely fresh cause of ..... the dekkhan agriculturists' belief act, in my opinion, contemplates only one redemption suit in respect of a mortgage and the taking of accounts under section 13 only once .....

West Vs. Rutledge Timber Co.

Court : US Supreme Court

..... certain allegations of the bill of complaint, but denied that the lands were vacant and open to settlement, or that they were unclaimed or unsegregated or not marked or traced by boundaries, and alleged that the fact of their appropriation and segregation appeared on the records of the local land office and of the general land office, and that the boundaries and lines of survey were duly and plainly traced and marked out upon ..... northern pacific railroad company of lands within the mount ranier national park in exchange for public lands to be selected elsewhere, is to be construed as extending to that company's successor in title, though no successor is named, and the northern pacific railway company, recognized as such successor by the land department both in the making of the conveyance of base lands and in the enjoyment of the right of lieu selection, is not to be denied that right upon the hypothesis that the ..... now is the owner of the lands, and the issue of the patent to the railway company was contrary to and without authority of law, and in violation of plaintiff's rights; that the railway company was without any right or authority at law to select or claim the lands or any part thereof, and that the act of congress of march 2, 1899, upon and by virtue of which the railway company based its right to select and claim the lands, is unconstitutional and .....

Sri Sri Sri Vikramadeo Maharajlungaru and Vs. Kishetravara Todramal Na ...

Court : Chennai

Reported in : 29Ind.Cas.365

..... in the succeeding year, as exhibit fff shows, the thatraz considered himself bound by exhibit hhh1 : and exhibit kkk series, the jeypore accounts, justify a conclusion that payments were made in accordance with the lease until defendant's accession and the assumption of charge of his estate by government during ..... it, however, forbids only the appropriation of land to religious or other purposes with the intention that it shall be exempt from its portion of the public tax and the resumption or enhancement of the assessment on land already so appropriated at the date of the ..... evidence of its origin is not to be expected, and defendant, therefore, relies on section 90 of the indian evidence act, that is on evidence of its production from proper custody in circumstances justifying the making of the presumption authorised by that ..... but then, apart from any presumption under section 114 of the indian evidence act, there is the correspondence to be referred to, which shows that the transaction was carried through with the knowledge of the agent and his assistant, who might, at any time, have called for the ..... in these circumstances, we cannot make any presumption under section 90 of the indian evidence act regarding it and we, therefore, dismiss it from consideration, finding issue ii in plaintiff's ..... in every case, the service consisted in the doing of some act for the benefit of the grantor; and we have been shown no reason why less should be required to prove the service character of the .....