Judgment Search Results Home > Cases Phrase: central provinces court of wards act 1899 section 29 process against government ward to be served on next friend or guardian Page 3 of about 67 results (0.167 seconds)

Shrimant Raje Bahadur Raghojirao Saheb Vs. Shrimant Raje Lakshmanrao S ...

Court : Mumbai

Reported in : (1912)14BOMLR1226

..... not surprised to learn that during all the years since the sanad, in many of which the court of wards have had possession and in all of which the government have had cognizance of the facts, no one apparently until the institution of this suit ever thought of maintaining that the possessions attached to the position of rajah were of the slender proportions ..... what light is thrown upon the case by the conduct at and after this juncture of the government, including the court of wards, which was charged with the correct distribution of these two sons' shares upon this head their lordships do not conceal that they have-viewed with some dissatisfaction the conduct of certain parts ..... in 1899 the younger brother came of age, the property in the central provinces and berar was divided equally, and the bombay estate was treated as impartible and continued with the rajah as an appanage of the ..... this appeal is made against a decree of the high court of justice at bombay, dated the 14th november 1907, which affirmed a decree of the subordinate court of poona, dated the 7th december ..... ' that is to say, this letter was addressed to the persons acting as collectors in reference to all the estates with, in the bombay presidency which were the subject of issue in ..... but in the next place it is a very striking fact in this case that in the initial delivery order now being referred to (as indeed in many of the subsequent documents) the rights in the bombay presidency are dealt with comprehensively and as .....

R.L. Reddy S/O Narsayya Vs. Provincial Government

Court : Mumbai

Reported in : 1949CriLJ363

..... 989 and 990reliance is placed on the appellant's behalf on section 2, court of wards act, 1899, which says that all orders issued under repealed enactments shall be far as may be, be deemed to have been issued under the new act, and on the strength of this it is argued that even if redemption took place under act xvii [17] of 1876 section 47 of act iii [3] of 1899 should be held to be applicable. ..... reddy, storeman, bengal nagpur railway, nagpur, whose detention was ordered for a period of six months on 31st july 1948 by the provincial government, central provinces and berar, under; section 2(1)(a), c. ..... (i [l] of 1914) which deals with the effect of repeal and lays it down that where-a provisional act repeals an enactment, the repeal shall not affect, (i) any right, privilege, obligation or liability acquired, accrued or incurred under the enactment repealed, or (ii) any penalty, forfeiturn or punishment incurred in respect of any offence committed against that enactment, or (iii) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid ..... mehta left balaghat on 29th may 1948 reached nagpur on that night and bad with the detenu next day a secret meeting at which instructions were issued to the local communist party members to agitate for a city allowance and the reopening of grain shops for railway employees. .....

Passarilal Mannoolal Vs. Mst. Chhuttanbai and ors.

Court : Madhya Pradesh

Reported in : AIR1958MP417

..... and berar government introduced a special bill 'the central provinces and berar indian contract (amendment bill, 1937 (bill no. ..... this act may be cited as the central provinces and berar indian contract (amendment) act, 1938. 2. ..... 10; section 12) where it is added :'this is an offence against public justice, as it keeps alive strife and contention and perverts theremedial process of the law into an engine of oppression'8. ..... been any insistence on the part of the appellant to get, nor any insistence on the part of respondent 3 lalaram (father) not to give it to the appellant.under the circumstances, the appellant was, in my opinion, a 'maintainer' as defined under section 19-b or the contract act; and, having agreed to share the part of the property, which might be securedby moolchand respondent 2, the agreement, dated 7-7-1948, was clearly champertous. ..... ' now, the amendment act, which i am considering, by section 19-c, confers on the courts power to set aside champertous agreement.the words 'may be set aside' are not used to give a discretion but to confer a power, and the exercise of such power depends not upon the discretion of a court or a judge, but upon the proof of a particular case out of which such power arises. ..... court of wards air 1940 pc 19 (h), husain buksh v. ..... we propose no alteration under section 6 of the transfer of property act (act iv of 1882), but we do propose that all agreements of a champertous nature should be made voidable under the provisions of act ix of 1872. .....

Gangadhar Vs. Dindayal and anr.

Court : Orissa

Reported in : AIR1954Ori142; 20(1954)CLT181

..... it was further held that succession to the suit property was governed by the law of primogeniture as, admittedly, the thikadari interest was impartible.in the opinion of the trial court the hindu law of succession was modified by section 109, central provinces land revenue act, 1917 and the defendants were entitled to succeed to the tenure in preference to the plaintiffs. ..... on appeal the learned district judge while upholding the findings of the trial judge on the issue of the illegitimacy of the defendants and the divided status of the plaintiffs was of theview that section 109, central provinces land revenue act was not applicable to the facts of the case as that section governed succession to protected thikadari tenures and had no application to the facts of the present case which related to an unprotected thikadar. ..... no custom has been proved ink this case so as to enable a junior member to succeed to an impartible estate in preference to the senior line; and the principle embodied in section 109, central provinces land revenue act is a statutory enactment not based on custom. ..... but it was definitely recognized that if the zamindari was family property the selection of the next holder would be determined by defining the senior member judged by survivorship.5. ..... court of wards', 26 ind app 83 (pc) (i), where an alienation by a will was upheld, following 'sartaj kuari's case, (h)'. ..... it is against this judgment of reversal that the plaintiff no. .....

NazamuddIn Vs. Queen-empress

Court : Kolkata

Reported in : (1901)ILR28Cal344

..... the fact that the legislature has thought proper in act xvii of 1885 specially to declare that a manager of an estate under the court of wards in the central provinces is a public servant seems to us to show that it was considered that, as under the existing law such person did not come within that term, it was necessary to provide for this. ..... in all legislation for the management of encumbered estates, a cognate subject, the legislature has thought proper specially to declare that a manager is a public servant, and we may add that, under the terms of the definition contained in section 21 of the penal code, the manager of an estate under the court of wards is not, in our opinion, a public servant. ..... ' we think that an 'officer in the service or pay of government' within the terms of section 21 of the penal code is one who is appointed to some office for the performance of some public duty. ..... the grounds for that opinion are not stated; and it may be that the learned chief justice would have gone so far as to hold that a manager of an estate under the court of wards is not a public servant. mr. ..... 17 in which the learned chief justice held that a peon of a manager of an estate under the court of wards is not a public servant. ..... abdur rahim that he does not fall within the terms of the last portion of clause 9 of that section, which declares that 'every officer in the service or pay of government' is a public servant, because he is not an officer. ..... it is next contended by mr. .....

Rajkumar Rajindra Singh Vs. H.P. Administration and anr.

Court : Himachal Pradesh

Reported in : AIR1964HP19

..... the estate of the petitioner while it was under the management of the court of wards cannot even be considered an officer of government qua the letter sent or acts done by him as manager. ..... the central provinces, reported in air 1949 pc 140, the facts were as below:in the jamabandi prepared in the settlementof 1922-23 for a certain village in a zamindari in chanda district, under the head of siwai income, certain amount was shown as bazar dues and this was included in the total income upon which government revenue ..... next contended on behalf of thepetitioner that even if section 115 of the indianevidence act be not applicable the principleunderlying that section would be applicable tothe instant case as that section did not exhaustively deal with the principle of estoppel and myattention was invited to sections 41 and 43 ofthe transfer of property act ..... 'to render the rule operative it is essential that the party invoking estoppel was misled by the acts or conduct of the party against whom the estoppel is claimed and that he changed his position in reliance thereon and was justified in so doing and that he was prejudiced thereby ..... petition under article 226 of the constitution of india has been filed by rajkumar rajindra singh against himachal pradesh administration through the secretary (forests) and chief conservator of forests and chaudhary gopal ..... of the opinion that the documentary evidence of the first category cannot form the basis of the plea of estoppel against the government.36. .....

Jagannath Rao Vs. Rambharosa and Another

Court : Privy Council

..... lord roche: this is an appeal from a decree of the court of the judicial commissioner, central provinces, dated 15th december 1933, which affirmed a decree of the additional district judge, ..... undesirable to express any conclusion on this point but it is also unnecessary because their lordships are of opinion, for reasons they will presently state, that assuming the will governs the matter, as the appellant claims that it does, the adoption of rhambharosa was not prohibited and was valid. ..... take (a boy) in adoption, mauza kolar should be reserved for my wife and for the maintenance of the adopted boy (the property) should afterwards be placed under the management of the court of wards or of panches of whom vyenkat rao naik, should be the sirpanch. ..... the will had been entrusted by baboo rao dani, at the time of its execution to a friend for safe custody, but on his return from the durbar it was said to have been lost or mislaid and it was not found or seen again either in the lifetime of baboo rao dani or ..... in 48 ia 513 (1), this board put the matter thus: "a direction to operate as a prohibition against a hindu widow adopting any boy to her husband as a son except the boy named by him must be explicitly made and clearly intended by the husband to limit the discretion of his widow ..... the defendant, was adopted by the widow purporting to act in accordance with her deceased husband's wishes. ..... next followed two pages relating to certain debts and as to his properties and containing directions .....

Jagdish NaraIn Babulal Jaiswal Vs. Collector and ors.

Court : Madhya Pradesh

Reported in : AIR1962MP146

..... for the issue of writs of mandamus for quashing the orders passed by the collector damoh requisitioning the premises of the petitioners in purported exercise of powers under section 3 of the central province and berar accommodation (requisition) act, 1948, (hereinafter called 'the act') delegated to him under section 14 of the act under a notification issued by the government the impugned orders in misc. ..... the godown in question had 1,122 bags of grain, and on 16-4-1960 it had 1,821 bags of grain, and that on the date-of the affidavit it had 3,645 bags of grain as against its total storage capacity of 4,000 bags, it is not the case of the respondents that the storage of the grain by the petitioner in his godown was a colourable device to defeat the requisition order. ..... requisition order was passed and consequently it may, with some show of reason, be said that the interest of the community would be better served by storing government foodgrain therein than the particular interest of the individual in leaving it to him for his use if and when necessary for storing his bidi ..... in the present day conditions of the world that measures adopted for the welfare of the community and sought to be achieved by process of legislation so far as the carrying out of the policy of nationalization of land is concerned can fill on the ground of ..... court of wards ajmer ..... the division bench in that case observed:'the question next to be considered is whether the law, to the extent it permits requisitioning .....

Ramdas Vs. State of M.P. and ors.

Court : Madhya Pradesh

Reported in : AIR1959MP353

..... we do not see how theamendment of section 18 of the central provinces municipalities act deprives that act of its legal validity. 14. ..... we hold that act 14 of 1958, by which section 18 of the central provinces and berar municipalities act has been amended, is intra vires and valid. 15. ..... municipal committee has commenced but has not been completed in accordance with the provision repealed under section 2 and the rules framed thereunder, then notwithstanding anything contained in any enactment for the time being in force, such process and all action taken in furtherance thereof shall, on the date of coming into force of this act, stand annulled and the election of such president shall be held in accordance with the provisions of the said ..... this is a petition under article 226 of the constitution by which the petitioner seeks a writ against the non-applicants to compel them to complete the election to the office of the president municipal committee, katni, district jabalpur. 2. ..... the power to amend an act is inherent in the legislature and what section 120 of the states reorganization act provides is that during the transitory period, laws may be adopted by the appropriate government and such adapted laws will have effect until a competent legislature amends them. ..... custodian evacuee property punjab (s) air 1957 sc 599, the supreme court observed that property that falls within the scopt' of article 19(1)(f) must be capable of being the subject matter of acquisition and disposal. .....

Jagannath Rao Vs. Rambharosa

Court : Mumbai

Reported in : (1936)38BOMLR776

..... this is an appeal from a decree of the court of the judicial commissioner, central provinces, dated december 15, 1933, which affirmed a decree of the additional district judge, raipur, dated march 16, 1927 ..... it is not only undesirable to express any conclusion on this point but it is also unnecessary because their lordships are of opinion, for reasons they will presently state, that assuming the will governs the matter, as the appellant claims that it does, the adoption of rambharosa was not prohibited and was valid.11. ..... it is decided to take (a boy) in adoption, mauza kolar should be reserved for my wife and for the maintenance of the adopted boy (the property) should .afterwards be placed under the management of the court of wards or of panchas of whom vyenkat rao naik should be the sir panch. ..... therefore my friends and (other) persons should make, after me, arrangements according to what i have put down in writing below; and what i have written shall be considered valid in law.next followed two pages relating to certain debts and as to his properties and containing directions as to such debts and ..... 522) :-.a direction to operate as a prohibition against a hindu widow adopting any boy to her husband as a son except the boy named by him must be explicitly made and clearly intended by the husband to limit the discretion of his widow for all time and ..... april 25, 1920, .rambharosa the defendant was adopted by the widow purporting to act in accordance with her deceased husband's wishes. .....