Court : Allahabad
Reported in : AIR1944All104
..... the agreement is in respect of the immovable property and its profits. the entire immovable property is situate in the districts of aligarh and etah. the sub-registrar of dehra dun had no right to register such an agreement or deed of gift. the agreement is altogether ineffectual, (b) neither the plaintiff nor his father had any right by ..... could not execute any agreement or deed of gift on the basis of this hope. the agreement aforesaid was executed contrary to the provisions of section 6, t.p. act. it is quite ineffectual, (d) the plaintiff neither executed the agreement of his own will nor got it registered. the father of the plaintiff got the agreement executed ..... question that has to be considered is whether the contention, that the deed of annuity is invalid in view of the provisions laid down in section 6, t.p. act, is correct. the learned judge below has applied clause (a) of the section. learned counsel for the plaintiff-respondent has also stated before us that his 'sheet anchor .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1934All846
..... 'bijaks' and that they handed over a cheque at dehra dun in payment of the price, which also implied a representation that they had money in the allahabad bank, dehra dun, from which it could be drawn by the complainant's firm. acting on these representations, the complainant instructed the firm at muzaffarnagar ..... to make the purchase. it is contended that the complainant would not have phoned to his partner to make the purchases if the accused had not made misrepresentations already referred to. in this view it is said, the offence of cheating, as defined in section 415 was completed at dehra dun ..... his misrepresentation purchase would not have been made at muzaffarnagar. in this view, the consequences resulting from the deception practised by the accused at dehra dun ensued at muzaffarnagar. in my opinion, section 179, criminal p.c., is clearly applicable to the case and the ruling to which reference has .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1932All141
..... the defendant is estopped from denying his competence to create the mortgage. we hold therefore that the mortgage is void.34. the appellants being the liquidators of the dehra-dun-mussoorie electric tramway company and all the evidence having been taken in this case we think that instead of the plaintiffs proving their claim in the course of ..... concession for constructing the tramway. he further says it must be understood that this tentative permission is merely to facilitate the incorporation of the company under the companies act. mr. willmott replies by a letter dated 9th july 1921:as regards the request made in para 6 of your letter i have to say that if the ..... it does not prohibit the managing agent from incurring a temporary loan in an emergency, for protecting the interests of the company.6. even if mr. beltie shah acted ultra vires in obtaining this loan it appears that his action was clearly ratified by the board of directors. we cannot lay stress upon the resolution which purports .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1949P& H373
..... petitioners in civil miscellaneous no. 7 of 1948 can claim any right to preferential payment in respect of the draft of rs. 2,000 drawn on the dehra dun branch of the respondent bank on the ground that the same was presented for payment to the drawee about a fortnight before the declaration of the moratorium, but ..... the instructions were despatched, the special business, for which the agency had been created, was completed. the agency then ispo facto terminated (vide section 201, contract act) and the fiduciary relationship came to an end. hence-forward the appellant bank was simply a creditor of the amritsar bank and if the drafts were dishonored, the ..... the letter reached messrs. arbuthnot & co. on 19th or 20th october at the latest. they suspended payment on 22nd october. on these facts, the learned chief judge acting as the commissioner found that messrs. arbuthnot & co. having received a demand for payment before suspension held the money in a fiduciary capacity. on an appeal coming up .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1950All11
..... 1947, promulgated on 26th august 1947, and directs that sir gulab singh, the applicant, shall be placed under personal restraint at no. 10, dolialwala, dehra dun, and be dealt with in accordance with the orders of the government and the provisions of the bengal state prisoners regulations, 1818. in pursuance of this order ..... was made for 'preventive detention for reasons of state connected with defence, external affairs or relations with acceding states.' in part 6, government of india act, which deals with 'administrative relations between dominion, provinces and states,' provision was made in sections 125 and 128 for regulating certain agreements between the governor- ..... to the people of this country, nor visualised its ultimate disappearance on the attainment by india of dominion independence. the framers of the indian independence act, therefore, looked upon the withdrawal of suzerainty from the indian states and the tribal areas as a necessary consequence of the declared intention of .....
Tag this Judgment!Court : Mumbai
Reported in : (1944)46BOMLR170
..... taken of the meaning of the word 'discovery' and of the time at which that discovery must be held to have occurred. in hansraj gupta v. official liquidators, dehra dun-mussoorie electric tramway co. it was said (p. 24) :in the absence of special circumstances (and none exist here) the time at which an agreement is discovered ..... the contract as subsisting after the facts grounding the right to rescind came to their knowledge. ' election to affirm must, if to be gathered from action, be gathered from unequivocal acts' [per lord dune-din : abram steamship co. v. westuille shipping co. [1923] a.c. 77820. with all due respect to the chief court, their lordships think ..... the mortgage and as to theinclaim on the personal covenant being statute-barred : they also insist upon their right to relief under section 65 of the indian contract act. the defendants have not lodged a case nor have they appeared at the hearing : their lordships are indebted to learned counsel for the appellants who laid fully .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1934All226
..... jurisdiction to hear the suit. even if it had no such initial jurisdiction, nothing has been addressed to us to show that the appellants have been prejudiced by the dehra dun court assuming jurisdiction over the case, and therefore the plea of jurisdiction cannot affect our decision on the merits on appeal. the question of jurisdiction was put to us ..... for it arose within its looal limits. the words 'wholly or in part' after the expression 'the cause of action' were added when the civil procedure code of 1908, the act now in force, was passed. even before the amendment it was held that a court would have jurisdiction, even where the whole of the cause of action did not ..... to the letter himself, but apparently some officer of his was directed to sond a reply. the reply tells the eaja of kalsia that it was a very dishonourable act to have married the lady without her father's consent, especially when he (raja kalsia) knew that the father apprehendedgreat danger to the life and honour of his .....
Tag this Judgment!Court : Allahabad
Reported in : 147Ind.Cas.591
..... no jurisdiction to hear the suit. even if it had no such initial jurisdiction, nothing has been addressed to us to show that the appellants have been prejudiced by the dehra dun court assuming jurisdiction over the case, and, therefore, the plea of jurisdiction cannot affect our decision, on the merits on appeal.10. the question of jurisdiction was put ..... for it arose within its local limits. the words 'wholly or in part,' after the expression 'the cause of action' were added when the civil procedure code of 1908, the act now in force, was passed. even before the amendment it was held that a court would have jurisdiction, even where the whole of the cause of action did not ..... to the letter himself, but apparently some officer of his was directed to send a reply. the reply tells the raja of kalsia that it was a very dishonourable act to have married the lady without her father's consent, especially when he (raja of kalsia) knew that the father apprehended 'great danger to the life and honour .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1949All778
..... 95% of the creditors of the bank from pakistan and the principal place of business of the bank being at dehra dun, this court had the jurisdiction to entertain the application and make an order |under section 153, companies act; and we find accordingly.31. in the next place, it has been argued by the learned counsel for the ..... . w f. p.), the principal place of business registered with the registrar of the joint stock companies of these provinces is dehra dun.20. it has been argued by the learned counsel for the appellants that an application under section 153, companies act, has to be made to the 'court,' which term according to section 2 (3) of the ..... india and the bank got itself registered under section 277, companies act. in his affidavit filed on 11th may 1948, the managing director had stated that the principal place of business from where the administration of the bank was being carried on was located at dehra dun. therefore, the bank must have got itself registered with the registrar .....
Tag this Judgment!Court : Allahabad
Reported in : [1946]14ITR561(All)
..... ruler is assessed on any income in british india.in these circumstances, the rani was assessed under section 4(1)(a) of the income-tax act, 1922, to income-tax by the income-tax officer of dehra dun in august 1939 on (inter alia) the two sums in question. this assessment was upheld by the appellate assistant commissioner of income-tax, meerut ..... assessment she was resident in british india within the meaning of section 4a of the income-tax act, 1922. the relevant accounting year is 1938-39; and the relevant assessment year is 1939-40. in the assessment year, the rani received at dehra dun a sum of rs. 14,744 from kalsia state and a sum of rs. 8,910 ..... this is a reference under section 66(1) of the indian income-tax act by the income-tax appellate tribunal. the assessee, rani amrit kunwar, is the wife of the raja of kalsia state. she has been living in dehra dun for some years and owns house property in dehra dun, mussoorie and lahore. the income-tax department assessed her to income-tax for .....
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