Court : Mumbai
Reported in : AIR1926Bom51; (1925)27BOMLR1273
..... this is a reference by the superintendent of stamps of the central provinces and berar under section 57 (1) (b) of the indian stamp act.2. ..... ' there must then be a case which is to be disposed of by the revenue authority on receipt of the high court judgment, if we were to give a decision on this abstract question, and a copy of our judgment sent under the seal of the court and the signature of the registrar to the revenue-authority there would be no case for him for disposal on receipt of this judgment.8. ..... 213 the superintendent, on the matter being brought to his notice by the defendant in the suit, thought it advisable to submit the case to this court for a decision whether the words 'improper description' used in rule 18 were confined to stamps issued by government for the purposes of the act as described in rule 3 (1), or were applicable to stamps of any description issued by government in any department.6. ..... as the decision of the judicial commissioner's court appeared to be in conflict with the decision in reference under section 57 of act ii of i. l. ..... the plaintiff applied under section 37 of the indian stamp act and rule 18 of the rules framed thereunder to the collector for validation and certification of the bills, on payment of the duty required by the rule. ..... the documents have been admitted and a decree has been passed the decision of this court on the reference, therefore, could have no effect on the case. ..... r.1899 all. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1967Bom394; (1967)69BOMLR490; 1967MhLJ450
..... she has challenged the dismissal of her suit by the civil judge, senior division, nagpur on the ground that the suit was filed in villation of the provisions of sections 27 and 30 of the central provinces court of wards act, i.e. ..... 34(1) of the court of wards act makes a revision or withdrawal of superintendence or continuance of superintendence of the management of the court of wards under certain circumstances, relying upon the first proviso to section 34(1) of the act, the learned counsel for the court of wards urged that on the death of late shri raje raghuji rao who was himself a government ward, the court of wards decided, of course, with the previous sanction of the state government, to retain his property under its superintendence, until the debts and ..... in this communication, the government directed that under proviso to section 34 (1) of 'the civil procedure code' court of wards act, government was pleased to accord sanction to the continuance of the superintendence of the court of wards, nagpur over the estate of the late shri raje raghuji rao bhonsle after his demise on 20th ..... courts of wards act, 1899 ..... came to the conclusion that the plaintiff had no cause of action to the suit and the suit, as filed, violated the provisions of sections 27 and 30 of the court of wards act, because the suit was filed without the previous sanction of the court of wards and by a ward, without next friend. ..... 1899 (hereinafter referred to as the court of wards act ..... court of wards act, 1899. . . . .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1957MP78
..... the actual management admittedly was in charge of the manager, court of wards, he would be the person primarily responsible for the loss, if any, under section 19(1)(c) of the central provinces court of wards act, 1899. ..... in the view that we have taken, it is not necessary to consider whether the assumption of the management of the plaintiff's estate by the court of wards was an act of the state in exercise of its sovereign power, which exempts the defendants from-liability for the loss, if any, caused to the plaintiff during the course of ..... that the court of wards acted with gross negligence and allowed the recovery of the claims of the plaintiff mentioned in the schedules a and b to get barred by time; that no attempts wore made to have the amounts recovered either privately or by filing ..... their lordships did not hold the receipts as sufficient to prove the loss as against the manager, court of wards.in the present case also, the plaintiff has only filed 5 suit registers in regard to which only the writing of some of the entries by the kamdar, trimbak rao lokhare has ..... averred in their written statement that according to their information many of the decretal claims were settled privately and the manager, court of wards, had taken notes of the settlement in the books of accounts and the suit registers. ..... there was a breach of this duly on the part of the provincial government and the court of wards and the loss caused to the plaintiff is the direct result of this breach of duty on .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1961MP197
..... this is a petition under articles 226 and 227 of the constitution for a writ of certiorari to quash an application dated 4 september 1958 which the collector of raigarh (respondent 3) made to the district judge, raigarh (respondent 4), under section 5(1)(c) of the central provinces court of wards act, 1899 (hereinafter called the act), and also the two orders passed in pursuance of that application by the district judge, raigarh, on 25 june 1959 and 16 february 1960. ..... it is contended that since articles 2, 3 and 4 of covenant guaranteed to the petitioner payment of his privy purse, full ownership, use and enjoyment of his private property and the personal privileges enjoyed by him, any law affecting his privy purse and enjoyment of his private property would offend ..... in our opinion, the covenant guaranteed payment to the petitioner of his privy purse and afforded protection to his private property so that it could not be subsequently claimed by the state.the guarantee or assurance was not absolute and did not go beyond what is guaranteed to ..... obviously the action taken in this case under section 5(1)(c) ibid is only a preparatory step and it may well be that the appropriate government may not sanction assumption of the superintendence of the estate by the court of wards because the petitioner is not a land-holder within the meaning of the act or because, for other reasons, it is considered undesirable or improper to do so. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1958MP397
..... the full bench decision of kareli municipality, it is said, is inapplicable as in the first place there are no words 'in the opinion of in section 57 (2) of the central provinces and berar municipalities act, 1922.it was further contended that the standing committee is a committee formed out of the general body and was subject to the control of the council. ..... in order to appreciate the question it is useful to consider the terms of this section and further to see whether there is any material difference between this provision and section 57 (2) of the central provinces and berar municipalities act, 1922, which was considered by the full bench of this court in l. p. a. no. ..... 323) (a).the decision is said to have been given with reference to the provisions of section 57 (2) of the central provinces and berar municipalities act, 1922, which are practically similar to section 208 of the act in question. ..... under section 57 (2) of the central provinces and berar municipalities act, 1922, their lordships were obviously considering the same from the point as to whether there was or there was not an error apparent on the face of the record. ..... section 57 (2) of the central provinces and berar municipalities act, 1922 is as follows:'if after fresh election the new committee continues to be incompetent to perform, or to make default in the performance of, such duties or exceeds or abuses its powers to a grave extent the provincial government may, by an order stating the .....
Tag this Judgment!Court : Mumbai
Reported in : (1913)15BOMLR613
..... was some further correspondence between the deputy commissioner, the commissioner of the nerbudda division, and the secretariat of the central provinces, and ultimately, on the 28th january 1891, the commissioner of the nerbudda division was informed by the secretariat that the chief commissioner had sanctioned the assumption by the court of wards, hoshangabad, of the management of the estate of maharajsingh and dulichand, malguzars of baherakhedi and other villages in that ..... act xvii of 1885 was not as precisely worded as it might have been, but it obviously was intended to apply to the superintendence by the court of wards of the family property of hindu joint families as well as to the superintendence of separate property of hindus and others situate within the territories for the time being administered by the chief commissioner of the central provinces ..... inferred from the letter of the 28th january 1891 empowered the court of wards to mortgage the property under section 18 of act xvii of 1885.17. ..... not in their lordships' opinion necessary under section 18 of act xvii of 1885 that the actual mortgage to be made by the court of wards should be submitted to the chief commissioner for his sanction, nor was it necessary that the court of wards should have his sanction to the precise ..... the debt nor to manage the estate ; and that if the villages should be lost on account of the indebtedness -our children will have no estate left to them ;' and prayed that 'if, under section 7 (c) c. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1953Ori121
..... the district of sambalpur, the central provinces court of wards act of 1899 was in force. ..... the other hand, however, it is to be noticed that in the corresponding central provinces court of wards act of 1894, also arising out of incapacity to manage the property on a ground corresponding to clause (e) of section 10 of the orissa act, the local government appears to have the power to make the declaration without any reference to the report of the collector or the recommendation of the court of wards. ..... , the bengal court of wards act (act 9 of 1879) which was in force in the area in which the madhupur estate is situated; the central provinces court of wards act (act 24 of 1891) and the madras court of wards act (act 1 of 1902 ..... at present and your reply is long overdue.i am also much concerned to know how you are running the estate at present in the absence of a manager because it is learnt that sri nimei charan das resignad his post on 1st march 1951 and it does not appear that you have made any appointment in his place. ..... ' under section 65, orissa tenancy act,'every tenant who makes a payment on account of rent to his landlord shall be entitled to obtain forthwith from the landlord a written receipt for the amount paid by him signed by the landlord ..... of the properties both movable and immovable was taken over by the collector on 8-12-1951, though the order of the state government declaring the petitioner to be a disqualified proprietor was received by him by post only two days later. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1965Bom92; (1964)66BOMLR807; ILR1965Bom200; 1965MhLJ577
..... other than the enactments relating to land revenue, for instance, the bombay ferries and inland vessels act, bombay hereditary offices act, bombay irrigation act, bombay general clauses act, bombay court of wards act, bombay public conveyances act, bombay co-operative societies act, bombay agricultural produce markets act, bombay warehouses act, bombay taluqdari tenure abolition act, bombay police act, bombay cinema (regulation) act, sub-section (3) empowers the state government by notification to amend or delete any entry in the schedule for the purpose ..... in this area was in force the court of wards act of 1890 and under section 3 of the act the commissioner was a court of wards. ..... the law prevailing in the four districts of nagpur, wardha, bhandara and chanda was the central provinces land revenue act and the law prevailing in the four districts known as berar districts, namely, amravati, akola, buldhana and yeotmal, was the berar land revenue code. ..... sub-section (5) provides for payment of damages by the officer who is authorised to go on the lands to the cultivators whose lands may get damaged on account of survey. ..... in our opinion, the essential legislative policy underlying the land acquisition act is that land must not be acquired for anything but for a public purpose or for a company and acquisition must be on payment of adequate compensation as provided under the act. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1961SC1334; [1962]1SCR347
..... 26 of the central provinces court of wards act; and (7) the plaintiffs' claim was barred by limitation. 4. ..... of his putative father, inherited a moiety of the estate which was held by the widows during their lifetime; (5) ramraghuraj singh was all along in joint possession of the estate with the widows, and, although the court of wards had assumed superintendence on behalf of the ranies, he was not out of possession during their lifetime and as such his title could not be extinguished by adverse possession; (6) the plaintiffs' suit was barred under s. ..... assuming that learned counsel for the appellant was correct in his contention, we fail to see how the said legal position would advance the appellant's case, for the court of wards admittedly managed only the widows' limited estate and it is not the case of the appellant that the court of wards acquired on behalf of the widows an absolute interest in respect of the half share of ramraghuraj singh in the suit properties. ..... after the death of raja ajit singh, the estate was taken over by the court of wards on behalf of the widows in the year 1913 and remained in its possession till march 27, 1923. ..... after the death of rani khuman kuar, the local government issued a notification recognizing ramraghuraj singh as the successor to the estate; but, for one reason or other, the court of wards continued to manage the estate on his behalf from september 23, 1923. ..... sir richard couch cited two verses from mitakshara chapter i, section 12. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1960Ker288
..... lt 868) the right to represent the estate of the deceased ward was traced to section 61 of the act, and in the nagpur case to the similar provision in sec, 33 of the central provinces court of wards act, 1899. ..... has allowed this petition holding that the court of wards was the legal representative of the deceased nair within the meaning of section 2(11) of the code.it repelled the contention of the defendants that the suit had already abated since no legal representative had come on record within the time prescribed, stating, what is obviously incorrect in whatever way the plaint is read, that the court of wards was already on record and that therefore no question of impleading a new ..... it is only when, as a result of dispute regarding succession the court of wards decides to retain superintendence under section 61 until the dispute is settled by acourt of law, that any question of the court of wards functioning as a sort of executor can conceivably arise.8. ..... the nair was a person who had been adjudged a lunatic and the superintendence of whose property had therefore been assumed by the court of wards under the provisions of the madras court of wards act, 1902. ..... in the present case there has been no notification of release from superintendence under section 62 of the act, and it is said that the court of wards has retained superintendence under section 61. ..... let the case be posted before a division bench. .....
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