Court : Allahabad
Reported in : AIR1949All703
..... section 2) by any court such finding shall be void and of no effect, and that court shall, notwithstanding anything to the contrary in the limitation act, 1908, or any other law for the time being in force, on application made within six months from the commencement of this act by any person prejudicially affected by such finding, restore the proceedings at and continue the proceedings from the stage reached immediately before the order ..... they contended that they were the lessees of the property to whom section 116, transfer of property act was applicable, and as the lease was for manufacturing purposes, it could not be terminated except by a six months' notice, expiring with the end of ..... also in conflict with an earlier decision of calcutta high court in monmotha nath santra madak ..... with regard to the calcutta decision on which reliance was placed by the learned counsel for the appellants it is sufficient to say that it is in conflict with the view which has been taken in avadh as well ..... section 2 of that act provides as follows:no decree passed or order made by the high court of judicature at port william in bengal, the high court of judicature at madras, or the high court of judicature at bombay in the exercise of its ordinary original civil jurisdiction under clause 12 of its letters patent, or by the high court of judicature at rangoon, ..... situation was thus created and the legislature had to intervene by passing act v [5] of 1936, section 2 whereof has already been reproduced .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1950P& H268; 1950CriLJ1326
..... (f) of section 263 which is also necessary under section 264, clearly informs the accused of the charge against him for reasons stated above, i do not find myself in agreement with the views expressed in the two calcutta cases relied on by the learned counsel for the petitioners and i prefer to allow the later calcutta decision and the rangoon and lahore decisions i have already mentioned. ..... 264 that the court in a warrant case tried summarily must also record the particulars mentioned in section 263 appears to me to be a substitute for the necessity of framing a formal charge, for, as i have said, the particulars required to be act out under clause (f) of section 563 to which i have already referred, serve the purpose of a formal charge. ..... in fact, the petitioners adduced evidence to show that they were not really ex-porting food grains into the province of delhi but were carrying the food grains from one part of the province of east punjab to bahadurgarh mandi which is also in the province of eaat punjab. ..... the third point urged in support of these petitions was that the provisions of section 11, essential supplies (temporary powers) act had not been complied with in that there was no report by a public servant. ..... chona appearing for some of the petitioners further stated that the act of his clients did not constitute even an attempt to export although it may amount to a preparation on their part in commit an offence. ..... 510 of 1948). ..... (35) 1948 cal. ..... (35) 1948 cal. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1948Bom176; (1947)49BOMLR784
..... he has contended that the order passed by the learned joint judge under section 32 of the land acquisition act in regard to the amount which the watandars are entitled to receive is not justified by the provisions of the said section, and he has suggested that the said order should be set aside and his clients should be ..... these two features of the holding of the alienee resulting from the order passed by the collector under section 9(2) of the watan act distinguish his position from that of the ordinary as well as the 'permanent tenant and the occupant. ..... jahagirdar has relied upon the decisions of the calcutta high court as well as those of the nagpur and the madras high courts. ..... he has conceded that something more may be added in order to ascertain the full value of the watandar's interest in the land, because under section 9(2) of the watan act the watandar may persuade the collector to increase the rent payable by the alienee. ..... the decision of the calcutta high court in shama prosunno bose mazumdar v ..... the calcutta high court in a similar case where the claims of the permanent tenant as against those of the landlord were in question held that the landlord and the tenant were entitled to receive their shares in the compensation ..... the alienee who was thus permitted to remain in possession of the land after the order of the collector was passed under section 9(2) of the watan act is the other claimant in the present proceedings. ..... 404 of 1948 and the watandar has filed first appeal no. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1950P& H53; 1950CriLJ480
..... . 2) now the fact that not enlarging a person on bail would be an offence against the liberty of the subject or the habeas corpus act or the bill of bights would presuppose such a person having his liberty already curtailed and would not be applicable in the case of a person who is a free man but who apprehends that he may be arrested for some ..... . 1093, all that a division bench of the calcutta high court held was that an accused person ought to be released on bail until reasonable grounds are made out on the evidence for believing him to be guilty ..... report was made alleging that the two petitioners were partners of a firm known as the national iron & steel works and that they had been guilty of offences punishable under sections 7 and 10 of the above mentioned act by (1) selling six black sheets of iron to one prem nath ..... . 5, sub-section (2), coroners act, 1887, coroners may 'admit to bail persons charged with manslaughter,' and by the municipal corporations act, 1882, section 227, a borough constable 'may admit to bail persons charged with petty misdemeanours and brought into his custody ..... . port from the rule stated in archibold's criminal pleadings at page 73 where it is stated with regard to bail by the high court:-the court may in its discretion direct a prisoner to be admitted to bail before a justice of the peace, where it ..... . (35) 1948 all, 26 : 48 cr.l.j .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1949Bom12; [1948]16ITR98(Bom)
..... the assessees contention was that the business fell under section 12 being profits and gains from other sources and therefore the excess profits tax act had no application to this income, and the question of law that has been submitted to us is whether in the circumstances of the case ..... again, that in this case at the date when the orders were served on the company prohibiting the vessels from leaving port, the vessels were actually loaded and were about to set out on a journey on which they would have earned freight ..... there the assessee obtained from government compensation for loss of use of two ships which were detained in port by order of government for a period of 15 and 19 days and the court held that the sum which the assessee received from government was properly assessed to excess profits duty as a trading receipt ..... incoming of pounds 1,150 for the land disposed of was 'income received from an investment,' and, the business not being one within the special categories mentioned in the finance act, held that pounds 400 was not taxable, and the court held that the amount was an investment. ..... calcutta high court held that the rent should have been assessed as business income and that the assessee was entitled to the benefit of section 10 (2) (vi) of the indian income-tax act ..... a coal strike two ships belonging to the assessee company, which were loaded with cargoes of coal and were about to put out to sea were detained in port by orders of government for periods of 15 and 19 days. .....
Tag this Judgment!Court : Kolkata
Reported in : 1949CriLJ567
..... has thus not only got rid of the trouble with the crew but got over the difficulty with the police who would not allow the crew to remain in calcutta, by inducing the police to prosecute a case against them.6. ..... add that there were five members of the crew who had actually signed on in calcutta and they were allowed to be signed off.5. ..... captain then got the police to make a case under section 103, indian merchant shipping act, before the chief presidency magistrate alleging an offence under 8.103 of the said act, with the result above noted and we may observe that the captain has, by these proceedings, succeeded in his object, the ship having left the port. ..... whilst the ship was in calcutta there was some trouble with these members of the crew and the captain alleges that they refused ..... had to sign the crew off but had some difficulty with the local police because they would not allow him to sign off the ores as they had not been signed on in calcutta.4. ..... was issued on 24th may 1948 and it came up for hearing on 13th august 1948. ..... those, the merchant shipping act, 1884, equally has no application for punishing indiscipline on a foreign ..... under that, the act applies to all bea going ships registered in the united kingdom and to the crew of ..... was not complete until 29th july 1948. ..... of the section is provided in the act by section 260. ..... each an agreement with the captain, one of the terms of which is that the seamen will have all rights in accordance with the british merchant shipping act.3. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1944Cal433
..... early age and having regard to the opinion, she expressed before me against early marriage and to what i have stated about her capacity under the mussalman law and even under the indian majority act in matters of marriage, dower and divorce it would not be right for me to do anything which may possibly expose her to undue pressure from her parents and thereby affect or impair her capacity to decide for herself the ..... where the letter of the father is set out and relied on the observations of their lordships of the judicial committee at page 822 to the effect thatno order declaring a guardian could by reason of section 19, guardians and wards act, 1890, be made during the respondent's life unless in the opinion of the court he was unfit to be their guardian, which was clearly not the case.relying on this passage mr. ..... likewise, clause 17, letters patent, confers on the high court such power and authority with respect to the persons and estates of infants, idiots and lunatics within the bengal division of the presidency of port william as that which was vested in the said high court immediately before the publication of these presents. ..... was of opinion that section 14, regulating act, 1773, had the effect of confining the jurisdiction conferred on the supreme court by clause 25 of the charter of 1774, beyond the limits of calcutta, to 'british subjects' only which expression at that time meant a subject of the 'king of british birth. ..... there they lived admittedly up to january 1948. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1950Mad768
..... of comparing the bulk with the sample;(c) that the goods shall be free from any defect rendering them unmerchantable, which would not be apparent on reasonable examination of the sample.under section 41, indian sale of goods act, where goods are delivered to the buyer which he has not previously examined, he is not deemed to have accepted them unless and until he has had a reasanable opportunity of examining them for the purpose of ascertaining whether ..... it was held that the seller was entitled to payment against shipping documents upon delivery of the hops on board the ship at the port of shipment, the buyer's right to reject the hops remaining unimpaired if upon arrival they were found upon examination not to be in conformity with the contract.4. ..... the calcutta glass and silicate works (1936) ltd. ..... but under section 43, indian sale of goods act, if the goods were not according to the sample he had a right to refuse acceptance; he was not bound to return them to the seller and it was only sufficient for him to sand intimation to the seller that he refused ..... under section 17, indian sale of goods act, in case of a contract for sale by sample, there is an implied condition. ..... , : (1948)2mlj101 , is a bench decision of this high court on which reliance is placed for this position. .....
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