Court : Mumbai
Reported in : 64Ind.Cas.584
..... determined in proceedings under the land acquisition act.6. that is broadly the argument urged on behalf of the appellant, and in support of this argument reliance is placed upon imdad ali khan v. collector of farakhabad 7 a. 817 : 4 ind. dec. (n.s.) 892, crown brewery, mussoorie v. collector of dehra dun 19 a. 339 :(1897) a ..... unreported cases, in which this court has considered and determined the question of title as between the government and the private claimant in proceedings under the land acquisition act. it is quite true and it is conceded by the counsel for the respondent that 'in those cases the point was not expressly raised and considered. but ..... that the question as to whether the court has power to determine the dispute as to title between the government and a private claimant under the land acquisition act assumes greater practical importance in view of the decision of their lordships of the privy council in rangoon botatoung company limited v. collector of rangoon 16 ind. cas .....
Tag this Judgment!Court : Allahabad
Reported in : (1924)ILR46All447
grimwood mears, kt., c.j., lindsay and ryves, jj.1. atma ram was convicted by the district magistrate of dehra dun under section 3 of the public gambling act (act no. iii of 1867) as amended by act no. i of 1917 of the local legislature and sentenced to pay a fine. his appeal was dismissed by the learned sessions judge of saharanpur. ..... facts actually were. once these facts are ascertained, we have no hesitation in holding that the conviction was justified.3. the law regulating public gambling in these provinces was act no. iii of 1867 and it proved for nearly 50 years to be adequate. in 1910, however, a new form of gambling came into fashion and rapidly increased in ..... by the high court at bombay in emperor v. dattatraya shankar paranjpe (1923) i.l.r. 47 bom. 960 and was dissented from. sir lallubhai shah, kt., acting chief justice, who delivered the judgment of the bench, said:i do not think that on a proper construction of the definition the prosecution can be restricted, for the purpose .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1926All679
..... were acting merely as the plaintiffs' agents in despatching the sugar, or whether they should be regarded as sellers of the sugar to the ..... took the contrary view, finding that the defendants remained the owners of the sugar during its despatch by rail to dehra dun, and so they were liable for the loss in transit. the court held that they acted as principals in selling the sugar to the plaintiffs and they reserved the right of disposal of the consignment during the ..... transit, since it was consigned to their own agents and not to the plaintiffs at dehra dun. the first question to be considered is whether the defendants .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1928All553; 110Ind.Cas.695
..... mukerji, j.1. this is an application, filed on 18th may 1928, in chambers, by one of the official liquidators, mr. asthana for dehra dun mussoorie electric tramway co. ltd. (in liquidation) and mr. ladli prasad representing the allahabad bank, ltd.2. it appears that a few months back the liquidators ..... matters in difference to arbitration in a particular way that an official liquidator is allowed to make a reference to private arbitration.7. a reference to section 234, companies act, will show that the liquidator, with the sanction of the court, may compromise certain claims, against the company and outstanding in favour of the company. it is, ..... both the learned gentlemen expressed their view and submitted certain arguments that a reference to private arbitration was permissible under section 179, clauses (a) and (i), companies act. i deferred passing orders till i had carefully considered the matter, with the help of the arguments advanced before me.4. it is to be noticed that section 179 .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1929All826; 121Ind.Cas.693
..... of mrs. neison dignasse & co., to pay the sum of rs. 89,812-8-0 to the official liquidators of the dehra dun electric tramway co. in liquidation.2. the proceedings were under section 235, companies act, 1913.3. before proceeding to consider the five charges which were discussed before us we must give a brief outline of the disastrous ..... him. beyond all doubt he habitually put himself in funds by drawing cheques upon the company's account, and the irregularities committed by mr. beltie shah with the dehra dun branch of the allahabad bank were the subject of an action by the official liquidators against the bank, which action we have been informed by counsel has been ..... . dignasse, and the second regular audit made by mr. hudson is dated 10th december 1924. in each case, a clerk or clerks of the auditors went to dehra dun and examined the books of the company, and having spent what time was considered necessary, brought back such materials and notes to their principals as appeared to be of .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1930All389
..... -tax act of 1922.2. the assessee is the tehri state. it appears that the state has grown timber within its territory, and annually, it arranges to sell the timber at two places in british india, namely, hardwar in the united provinces and abdullahpur in the punjab. the method of business is this: annual auctions are held at dehra dun and ..... are offered. these offers are communicated to the state capital, and there, on their acceptance, money is deposited by the purchasers, in the imperial bank of india, in its dehra dun branch. it also appears that, later on, the state appointed a certain gentleman, by the name of pandit ghananand, to carry on the sale of timber. he having died ..... was the acceptance of the offer made by the purchaser. we do not think that the matter requires much discussion. the money was received by the imperial bank at dehra dun as the agent of the tehri state. the receipt by the bank was a receipt on behalf of the state. as already stated we answer the question in the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1930All778
..... dun mussoorie electric tramway company limited.3. the learned company judge has held that the dehra dun mussoorie electric tramway company limited, now in liquidation, are not rendered liable by these promissory notes. it is contended on ..... these promissory notes are signed by mr. t.b. gilani, and below his signature there appear on one promissory note the words:managing agent, dehra, dun electric tramway company limited.2. on the other promissory note below the signature of mr. gilani the words written are:agent, dahra ..... behalf of the appellant that this decision is incorrect. under section 27, negotiable instruments act:every parson capable of binding himself or of being bound, .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1930All795a; 129Ind.Cas.262
..... j.1. this is a reference by the sessions judge of dehra dun asking this court to order a re-trial, if it thinks fit, in a case where an accused person has been discharged, the magistrate purporting to act under section 259 although, a charge having been framed, he could not act under that section. the facts are simple. a complaint was lodged ..... not guilty' and have not acquitted him. the finding 'not guilty' is a technical expression and not necessarily equivalent to a finding that the accused did not commit the acts charged.3. i set aside the order of the magistrate discharging the accused and for that order, there being no adequate grounds for ordering the ease to be taken up ..... adopt that course. secondly, if he felt that there were no good grounds for adjourning the case he should have found the accused 'not guilty' and acquitted him, acting under section 258(1). it is true that he had so far formed an opinion that the accused was guilty, in that he had framed a charge against the accused .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1931All315
..... lal applies in revision against an order of mr. badhwar who on 2nd april 1929, declared kundan lal to be a tout. it appears that the bar association of dehra dun appointed an enquiry committee and eventually passed a resolution giving the names of seven persons who were asserted to be touts. we note from the resolution which was. eventually submitted ..... duly proved that that resolution' had been passed, any court could accept that finding as evidence of general repute, which is the phrase used in section 36 of the act of 1879. the practical result therefore is that nowadays whilst a court can still proceed under section 36 in the old way and call evidence it can also avoid the ..... we have no power to say that on a revisional application of this kind the order of mr. badhwar must be set aside. mr. ansari and mr. badhwar both acted and gave effect to the resolution and there was no evidence called in rebuttal by kundan lal which was believed by the lower court or by mr. badhwar as sweeping .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1931All147
..... 's decision that bye-law no. 23 has been properly disregarded or departed from.bennet, j.9. this is a reference by the district magistrate of dehra dun under section 319 (1), municipalities act, u. p. act 2 of 1916, for a direction as to whether he should consider certain matters in hearing an appeal under section 318 from an order of the city ..... to the officer concerned. our order is in accordance with clause 27, letters patent.sen, j.21. this is a reference by the learned district magistrate of dehra dun under section 319 (1), united provinces municipalities act (2 of 1916). two learned judges having differed in their opinion, this matter has been referred to me under clause 27, letters patent.22. on 9th .....
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