Court : Allahabad
Reported in : AIR1940All305
..... decree in the court of the district judge and the district judge recorded an order on 16th april 1937 setting out the facts that the plaintiffs were a firm at dehra dun and the appellant the defendant, a town engineer of motihari and that the defendant had made these applications and had denied making any purchase from the plaintiffs and as ..... decree and remanding the case for re-hearing. the facts are that the plaintiff filed his suit on 6th april 1936 in the court of the subordinate judge of dehra dun and the date fixed for final disposal was 11th june 1936. the sole defendant was sardar khalsa singh sahi described as the town engineer of motihari in bihar province. ..... ganesh das v. hari chand (1934) 21 air oudh 131 which is a ruling of two learned judges. this was an order on an application under section 5, limitation act, which was filed in the first appeal. in support of the application there was an affidavit as is mentioned in the second line of the judgment. for the appellant reliance .....
Tag this Judgment!Court : Privy Council
Reported in : AIR1940PC98
..... the suit arises out of the misdeeds of beltie shah gilani, who was the promoter and managing agent and managing director of the dehra dun-mussoorie electric tramway, which was registered under the indian companies act, 1913, on 23rd august 1921, and was ordered to be wound up by the high court on 26th march 1926, n. p. asthani and ..... to the original misappropriations, and that he was not aware of them at least until 18th or 19th august 1923, when he had a meeting with beltie shah at dehra dun and signed at least two of the receipts for these sums. the plaintiff's case of an original conspiracy for the misappropriation of these sums has gone; further no ..... lord thankerton: this appeal is from a decree of the high court of judicature at allahabad, dated 1st september 1936, which reversed a decree of the subordinate judge at dehra dun dated 4th february 1931 and granted a decree to the plaintiff-respondent for a sum of rs. 13,100 with interest at 6 per cent. from 31st august 1923. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1941Cal143
..... the purpose of this section, whether the call was made before or after the winding up, provided the amount is unpaid.4. the case in hansraj gupta v. dehra dun and mussorie electric tramways co. ltd. is not in any way inconsistent with the judgment to which i have just referred. their lordships of the privy council were therein ..... dealing with a case under section 186 of the act, and lord russel of killowen on p. 390 specifically distinguished and excluded from his judgment questions arising out of the statutory liability created under section 156. the ..... that section alone, for this purpose, regulates their liability.3. the section to which he referred is as follows:in the event of a company formed under this act being wound up, every present and past member of such company shall be liable to contribute to the assets of the company to an amount sufficient for payment of .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1941Cal417
..... should have mentioned if i have not done so originally, that although the great bulk of the property is in the jurisdiction of lucknow court, the testatrix died at dehra dun and some of the parties are within that jurisdiction; there is some property within the jurisdiction of calcutta court. this court, therefore, undoubtedly has jurisdiction. mr. bose ..... respect of the codicil.' he relies on the fact that there was no separate petition, that there was no fresh citation, that the provisions of section 281, succession act, were not complied with and lastly upon the view taken in venidas nemchand v. champabi ('30) 17 air 1930 bom 29 to the effect that where there are ..... . dismissed the application of mrs. peterson for stay in this court. on 26th september 1939, mr. forbes executed a general vakalatnama in favour of a barrister at lucknow to act for him 'in the above suit' and 'the above suit' is described as 'mrs. peterson v. the estate of mrs. adelaide forbes.' but it refers obviously to .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1940All497
..... the defendant to withdraw a plea which had been taken in the written statement duly filed in court, which was the subject of consideration by the subordinate judge of dehra dun. we think there can be no doubt that such an action amounted to a direct interference with the administration of justice in preventing the defendant from pressing his defence ..... , i.p.c., in the hope that the guardianship proceedings might terminate within a reasonable time; but upon the whole matter we are of opinion that the mere act of preferring a complaint in the court of a magistrate at allahabad under section 500, i.p.c., in respect to allegations which have been made against him in ..... the opposite party it is pleaded that there was no contempt of court; or if there was it was inadvertent. what we have to determine is whether the acts of the opposite party which are complained of by the applicant were calculated to prejudice a fair trial in the guardianship proceedings before the district judge of benares or to .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1941All101
..... court to which an issue has been referred under section 271, agra tenancy act. a suit was a proceeding, it was maintained, which commenced with the presentation of a plaint and for this proposition the appellants relied on the case in hansraj gupta v. dehra dun-mussoorie electric tramway co. ltd. . in that case the privy council ..... held that a suit was a proceeding which commenced with the presentation of a plaint. the question raised in the appeal before the privy council was as to whether an application by a liquidator under section 186, companies act, was a ..... the code above referred to execution proceedings.18. now, in the present case, there is no self-contained chapter relating to proceedings under section 271, agra tenancy act, comparable to chap. 19 of the 1882 code which corresponds to order 21 of the 1908 code. furthermore, the arbitration proceedings of schedule 2 are essentially applicable .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1941All152
..... are governed by article 120 which provides for suits for which no period of limitation is provided elsewhere in the schedule to the limitation act. the learned judge was therefore wrong in applying the three years' rule of limitation and dismissing the suits as time-barred. this view ..... particular statute. the suits to which the three years' rule of limitation is applicable are set out in articles 37 to 115, limitation act. the suits in question obviously do not fall within the purview of any one of these articles. it is thus clear that they ..... of the law of limitation taken by the learned small cause court judge is correct. having considered the relevant provisions of the limitation act, i am clearly of the opinion that the learned small cause court judge was wrong in holding that the three years rule of ..... ordermulla, j.1. these are two applications in revision by the district board, dehra dun, which raise the same question of law for consideration. in each case the district board brought a .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1942Cal283
..... to hold good until 1st july 1940. the facts leading up to this application are as follows : the deceased adelaide elizabeth forbes was a widow, who died at dehra dun in the united provinces whilst on her way to mussoorie on 6th june 1939. she had resided for some time previous to her death at 'dilkusha house', lucknow, ..... and they have been finally determined as far as it was possible to determine them finally without mr. forbes' assistance which he deliberately withheld. by section 2(b), succession act, a 'codicil' is 'an instrument made in relation to a will, and explaining, altering or adding to its dispositions and shall be deemed to form part of the ..... the consequences, he is in law entitled to go on, since, the deceased left property in the jurisdiction of this court1 and we have under section 270, succession act, jurisdiction to grant probate, and that we must hear and determine this application for grant of probate, whether it results in an impasse or a conflict between this court .....
Tag this Judgment!Court : Chennai
Reported in : (1941)2MLJ754
..... . there is nothing in article 182 which may call for that treatment, hansraj gupta v. official liquidators of dehra dun etc., company i.l.r.(1932) all. 1067. the reason given by the learned judges that the court may in certain cases treat a proceeding under section ..... learned judges called 'ordinary parlance'. since a suit is, according to the explanation in section 3, instituted when the plaint is presented to the proper court, the act clearly draws a line between the presentation of a plaint and making an application and it cannot be obliterated unless there was something repugnant in the subject or context ..... conclusions. the learned judges of the bombay court were not considering the case of a plaint at all but that of an application under the succession certificate act and had therefore no occasion to say anything about the plaint being treated as an application within the meaning of article 182. the second reason given by .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1941All321
..... is a matter which comes before us in revision from an order of the sessions judge of saharanpur dismissing an appeal from the conviction by the first class magistrate of dehra dun of one meer singh under rule 38(1)(a), in respect of the breach by him of rule 34 (6)(j) of the defence of india rules.7. ..... panic' prevailing at the time. mr. g. n. kunzru, who has argued the case on behalf of meer singh, has pointed out that under section 14, paper currency act, (act 10 of 1923), a ten rupee note is not legal tender for a sum of less than one rupee. that, however, is not in my judgment, a consideration which is ..... that the objection thus raised by the appellants is founded on an entire misconception of the true character and position of the provincial legislatures. when the british north america act enacted that there should be a legislature for ontario, and that its legislative assembly should have exclusive authority to make laws for the province and for provincial purposes in relation .....
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