Court : Allahabad
Reported in : AIR1930All225
..... given; where he fails to attend proceedings in chambers, and the judge does not think it expedient to proceed; where he fails to file an affidavit which has been used in the proceedings; where, on an account being taken in chambers, he acts unreasonably in adjourning items to the judge; where the trial of the action cannot proceed owing to his neglect to attend or send a representative, or to deliver any papers necessary for the use of the court which according to ..... . this would seem to suggest at any rate, that the learned author does not consider prohibition of the use of such memorandum or breviate to be included in the prohibition of the use of the debates of other proceedings which may be properly described as proceedings in the passing of an act for the reasons we have given, we do not think that the interpretation which has been placed on the decision of their lordships in administrator general of ..... . it may further be conceded that the three presidency high courts of calcutta, bombay and madras have, over and above the powers conferred upon them by their respective charters acquired other powers formerly possessed by their respective supreme courts, even though the territorial jurisdiction of ..... . in india the supreme courts of calcutta, bombay and madras had jurisdiction within the areas of their respective presidency towns where they applied english ..... it was accordingly held by the bombay high court in james bevis ..... a learned judge of the bombay high court in queen, .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1927All170
..... pre-emption contracts, which, although no equitable interest was created, he held should, by analogy, be treated as offending against the rule of perpetuities, as though they did create an equitable interest, and by analogy to section 14 of the transfer of property act, must be treated as offending against the mischief prohibited in that section. ..... inclined to think, though it is not necessary for the decision of this case and not having fully considered the matter, i prefer to say no more about it, that section 40 of the transfer of property act, which deals with obligations imposing restrictions on the use of land, is also a complete answer to my brother sulaiman's view.7. ..... it is not immaterial to observe that in the ratio decidendi of the bombay judgment, which was quoted by our learned brothers in both the cases they decided, to which i have just referred, the learned chief justice expressly stated that he regarded an obligation found in a contract of this kind ..... with great respect to the judges, who decided the bombay case, it seems to me that they drifted into ..... 514, having followed the bombay case, wore wrongly decided, and must be held as no longer binding in ..... be a complete answer to the argument, were it not that two experienced judges of this court in dealing on two previous occasions with this precise matter, followed a decision of the bombay high court in dinkarrao ganpatrao v. ..... the view which had been laid down after a very elaborate consideration and judgment in bombay. .....
Tag this Judgment!Court : Allahabad
Reported in : (1920)ILR42All294
..... of the municipal board in the matter of the title to the disputed site, and may thus be said to serve a collateral purpose within the meaning, of that expression as used by the learned judges of the bombay high court, but i have thought it fair to state the point as it might reasonably appear to the members of the municipal board when dealing with mannu's application for a licence.4 ..... is represented that the plot of land in question is of no practical use to mannu unless he is permitted to use it for the purpose of storing wood and that the municipal board, in refusing him a licence, is not acting with any purpose of promoting or maintaining the health, safety or convenience of the inhabitants of the municipality, but simply in order to serve a collateral purpose by compelling mannu to give up the piece of land about which he has ..... . that discussion is not really relevant, because the validity of the conviction of mannu for breach of the rule prohibiting unlicensed persons to use any plot of land within municipal limits for the purpose of storing wood does not depend upon the consideration of the remedies, if any, open to mannu against ..... section confine its operation to the presidency towns and to the high courts of calcutta madras and bombay in the exercise of their original civil jurisdiction ..... the bombay case to which i have already referred the high court was dealing with a question which arose before it in the exercise of its powers under section 45 of the specific relief act .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1919All52; (1920)ILR42All1
..... she, therefore, prayed that the said guardian be called upon to deliver all movable property and cash and documents and render accounts of the period of his guardianship and be prohibited from using or converting the property of the deceased ward in any manner whatsoever.'6. ..... , therefore, have been aware that the bombay high court had held that: that when a minor died, during minority, the ' administrator '' of his estate, duly certificated, under section 6 of that act, could not be called upon to render accounts to the court on the death of the minor, because the court, as representing the minor was ' functus officio,' and yet took no steps in framing the present act to provide for the case of the ..... the facts are as follows: in 1907, the present applicant, kunwar chandra bhukhan singh, was appointed under the act, guardian of the property of the minor, his nephew, who had inherited a very valuable zamindari estate which, it is admitted, is ..... bahadur supports the order of the court by arguing that under section 41(3) the court may for ' any cause ' act under the section and, that, ' any cause ' includes the death of the minor. ..... of 1864 and is perhaps not quite decisive here because the language of the two acts is not precisely similar, though they both deal with the guardianship of minors. ..... bahadur has to admit this, but says the difficulty would in practice be removed because a court dealing with such matters under the act would not pass final orders except in cases where. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1917All470; (1917)ILR39All36; 36Ind.Cas.907
..... if a decree so made is 'a decree for payment of money on a claim arising under the mortgage' within the meaning of this rule, the result is that where by reason of the wrongful act or default of the mortgagor the mortgagee is deprived of a substantial part of the mortgaged property or where the mortgaged property is partially destroyed or rendered insufficient, and the mortgagor fails within a reasonable ..... an occupancy tenancy, the sale of which was prohibited by the agra tenancy act, it would not be liable to attachment under ..... the plaint that the plaintiff has abandoned his rights under the mortgage was not sufficient to extinguish the mortgage : the declaration was without consideration and section 99 of act iv of 1882, had removed the only other bar to a suit for sale on that mortgage which section 43 of the code of civil procedure had provided. ..... suing to obtain a money decree on their mortgages was a common one all over india, prior to the passing of the transfer of property act, and in many cases the mortgaged property used to be put up to sale by them with notice of the mortgage and purchased at an ..... the right of the mortgagor or his heirs to redeem no doubt remains unaffected by the act of the mortgagee, but in this case, where mortgage is a simple mortgage, under which they are in possession of the mortgaged property and the mortgage debt has become time-barred, there ..... the calcutta and the bombay high courts held that a sale in execution of such a decree passed also the .....
Tag this Judgment!Court : Allahabad
Reported in : (1909)ILR31All176
..... hindu father can sell the entirety of the family property so as to pass even his son's interest therein, while section 38 (in error described as section 34) of the transfer of property act provides that' where any person authorized only under circumstances in their nature variable to dispose of immovable property, transfers such property for consideration, alleging the existence of such circumstances, they shall as ..... : therefore it is a settled point that property in the paternal or ancestral estate is by birth, although the father has independent power in the disposal of effects other than immovables for indispensable acts of duty and for purposes prescribed by text of law, as gifts through affection, support of the family, relief from distress, and so forth but he is subject to the control of ..... a settled point, that property in the paternal or ancestral estate is by birth, (although) the father have independent power in the disposal of effects other than immovables, for indispensable act of duty and for purposes prescribed by texts of law, as gifts through affection, support of the family, relief from distress, and so forth, but he is subject to the ..... it is contended on behalf of the appellants that the mitakshara in chapter i, section 1, paragraphs, 27, 28 and 29, prohibits a mortgage by the father except 'during a season of distress, for the sake of the family' and that an antecedent debt being a ' ..... the transfer of property act which are quoted in the bombay case to which i .....
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