Court : Kolkata
Reported in : AIR1958Cal472
..... any property possessed by a female hindu whether acquired before or after the commencement of this act, shall be held by her as full owner thereof and not as a limited owner.explanation. ..... sen contends that--(a) the hindu succession act, 1956, and in particular section 14 of the act does not apply to a pending litigation; (b) that the one-fifth share in the properties has vested in sm ..... it is true that section 14 of the hindu succession act 1956 does not refer to pending litigations in express language. ..... the commissioner will be at liberty to continue to act on a signed copy of the minutes upon the undertaking of the applicant's solicitor to complete the order ..... this prayer is made in view of section 14 of the hindu succession act, 1956, which reads as follows :'14. ..... the share so acquired by inheritance before the commencement of the act is indisputably possessed by her and now must be held by her as full owner thereof and not as a limited owner in view of sub-section (1) of section 14 of the hindu succession act 1956.7. ..... the hindu succession' act, 1956 came into force on 17-8- ..... my opinion, the properties were not acquired by and under a preliminary decree and sub-section (2) of section 14 of the act has no application.8. ..... became entitled in respect of all his properties to the same share as a son in view of section 3 of the hindu women's rights to property act, 1937. ..... (j) of the summons is opposed and raises an interesting question as to the construction of the hindu succession act, 1956. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1957Cal551
..... to be considered then that in the facts and circumstances of this case, whether the plaintiff owed any duty to the defendant jain or to the general public of which defendant jain was one or whether the act, neglect or default of the plaintiff may be considered to be holding out biswas to be the owner of the car in suit so as to estop the plaintiff from denying biswas's ownership of the car.14 ..... appear that on the facts and circumstances of this case, section 30(1) of the sale of goods act would not apply and jain's title as purchaser cannot be held to be protected by the said section ..... 2 tr 63 at page 70 (b), to the effect that 'whenever two innocent persons must suffer by acts of a third, he who has enabled such third person to occasion, the loss must suffer. ..... purchase of a car by defendant jain is protected by section 30(1) of the sale of goods act or whether the plaintiff is otherwise is estopped from alleging that biswas had no title to sell ..... established in evidence before me is that biswas the admitted owner of the car in 1953 was well known to satyanarain bagla, the plaintiff's husband. ..... the car was purchased by theplaintiff on december 1, 1953 and immediatelythereafter a hiring agreement was executed whereby biswas would be entitled to use the car ..... biswas's possession then after december 1, 1953, must be held to be under the hiring agreement and ..... the plaintiff's case is that on december 1, 1953, the defendant biswas sold the car to the plain ..... bear the same date, december 1, 1953. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1959Cal380
..... , association or partnership consisting of more than ten persons shall be formed for the purpose of carrying on the business of banking unless it is registered as a company under this act, or is formed in pursuance of an act of parliament or some other act of the governor-general in council, or of royal charter or letters patent. ..... this statement furnished in terms of the partnership act on the basis of which registration was effected appears to have been filed on march ..... 4 of the indian companies act, the partnership would stand automatically ..... ' section 4(3) of the same act provides as follows: 'this section shall not apply to a joint family carrying on joint family trade or business and where two or more such joint families form a partnership, in computing the number of persons for the ..... of the indian companies act provides as follows:'4(1). ..... the partnership act provides that statements containing the members of the partnership must be signed by the partners or their duly authorised agent before the firm can ..... at my calcutta office on 15-4-1.944, i have the honour to state that, as the firm now consists of more than 20 partners, the notice of changes in the constitution cannot be recorded in this office (vide section 4(2) of the indian companies act 1913).' 11. ..... we look at the registration certificate of the firm of gangasagar ananda-mohan saha, we find it was also registered on the basis of a statement, which statement the partners were required to furnish under the partnership act. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1961Cal659,65CWN913
..... samarea sen however submits that even if it is held that this court has no jurisdiction under section 31 of the arbitration act to make any order in the matter of reference this court has jurisdiction to alter and modify the stay order passed in the suit pending in this court. ..... that is why it is provided that the court in which the first application under the act is made in the reference will have exclusive control over the subject-matter, namely, the arbitration ..... thus while the delhi court under section 34 is competent to entertain the application under section 34 of the indian arbitration act, it is not competent to entertain any application in the matter of the ..... it is important to keep in mind that while both section 31 and section 34 of the act were enacted to avoid conflict and scramble, the nature of conflict and scramble intended to be avoided are different in the two ..... , an application must be made in the court under the arbitration act and second that the application must be made 'in any reference'. ..... it was contended that the phrase 'in any reference' in section 31(4) of the act means during the pendency of the arbitration reference but in die cited case the reference has terminated with the award, so that the application made in the gauhati court for causing the award to be ..... these applications, in my judgment, are well within section 31(4) of the act, even though these applications are made before any reference has taken place ..... of india reported in : [1953]4scr878 . .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1962Cal490
..... (2) notwithstanding anything to the contrary contained in the indian evidence act, 1872 (i of 1872), all such entries in the books of account or other documents of a banking company shall, as against the directors of the banking company in respect of which the winding up order has been made before the commencement of the banking companies (amendment) act, 1953, be prima facie evidence, of the truth of all matters purporting to be ..... the mode of proof, in view of the language employed in that section but added a new point based on the history of incorporating the present section 45f in the banking companies act (act x of 1949) and contends that section 45f in its present form for the first time was brought into force on 30th december, 1953 long after thecognizance in the present case was taken on 23rd july, 1952 and according to mr. ..... nalin chandra banerjee appearing in support of the rule contended at the outset that:(1) section 45f of the banking companies act (act x of 1949) is limited in its application only to winding up proceedings of prosecution on criminal charges, (sic) (2) that section 45f applies on its own terms in proceedings 'by or against the ..... in act x of 1949 by the amending act xx of 1950 which came into force on 18th march, 1950 and that part so added did contain a section 45f but that section 45f was very different from the present section 45f which (was) incorporated in act x of 1949 by the amending act iii, of 1953 which came into force on 30th december, 1953. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1965Cal570
..... according to the strict mohammadan law where any personal benefit in the shape of maintenance and support of a mohemadan founder of his family, children and descendants was held to vitiate the wakf and the wakfs validating act, 1913 was passed in order to validate such wakfs and, therefore, those trustees who were formerly held to be trustees under an invalid wakf trust because of that personal benefit had to be expressly brought in. ..... 'charitable purpose includes relief of the poor, education medical relief, and the advancement of any other object of general public utility, but nothing contained in clause (i) or clause (ii) shall operate to exempt from the provisions of this act that part of the income from property held under a trust or other legal obligation for private religions purposes which does not enure for the benefit of the public.' 25. ..... then the income-tax officer initiated the proceedings for 1952-53 and 1953-54 against hem and jogendra and also for the year 1954-55 with the observation:'since the amendment of section 41 of the i. t. ..... therefore, he came to the conclusion that the estate did not earn the exemption under section 4(3), the same conclusion was also reached for the assessment year 1953-54 holding that it was a private religions endowment. ..... palani bala reported in : [1953]4scr503 it was held by mukherjea j. ..... they are in respect of the assessment of three years 1952-53, 1953-54, and 1954-55. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1966Cal447
..... a case, it does not in our opinion admit of any doubt that the beneficial interest vests in the heir-at-law, and we are unable to find anything in the indian succession act which limits the power of disposal of heir-at-law over such estate, merely because a grant of administration has been made. ..... , second edition of transfer of property act, that leasehold interests are estates of inheritance and explains that the transfer of property act does not say so in express terms because the act does not aeal with the subject of ..... the case went on, on the footing that he acted as her agent and after her death, he might have become an executor de ..... these tenancies under the transfer of property act are transferable and i see no reason why they should not ..... prosad jain become karta of the mitakshara joint family in may, 1953 as alleged in paragraph 2 of the plaint? 3. ..... nor does the transfer of property act make the interest of the heir-at-law in the estate property which may not ..... section 106 of the transfer of property act places leases from year to year and from month to month on the ..... to establish the fact that after the death of prasadilal he was merely acting as the agent of chittarmal. ..... it is nowhere stated in the act itself that it is determined by the death ..... in may 1953. ..... act, also indicates that a lease is heritable, for it states that the benefit of a contract of lease shall be annexed to and go with the lessee's interest as such and may be enforced by every person in whom that interest .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1968Cal327
..... the grounds taken in the appeal is that the appellant having been found not guilty, in the previous trial, of the charge under section 25(1)(a) of the arms act, 1956 the learned judge should have told the jury that the prosecution story of the murder being committed with a gun should not be accepted.13. ..... bose appearing for the state contended that the verdict of not guilty under section 25(1)(a) of the arms act does not necessarily imply that the jury did not believe the appellant was in possession of the gun ..... he therefore submitted that the verdict of acquittal in respect of the charge under the arms act at the first trial did not conclude the issue as to the possession of the gun and that hence it was open to the prosecution to adduce evidence regarding that fact at the ..... judge presiding over the trial acquitted the accused of the charges on which the jury returned a unanimous verdict of not guilty, that is to say, under sections 25(1)(a) of the arms act, 1959 and 304 part ii of the indian penal code. ..... that the jury found that the appellant was in possession of the gun but that such possession was not in contravention of section 3 of the arms act cannot, therefore, be accepted and the contention raised by mr. ..... acquittal of the charge under the arms act necessarily implied that the appellant did not possess the 2un, this verdict is conclusive and would be binding upon the prosecution at the ..... the acquittal under the arms act being prior, affected the evidence of possession in the .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1970Cal162
..... this high court under the act of 1953 exercises jurisdiction as the high court for the andaman and nicobar islands ..... the king, reported in , had to interpret the executive authority of the province under section 49 of the government of india act, 1935, to make appointments to the post of a public prosecutor under section 492, sub-section (1) of the code of criminal procedure as it then stood, and in that context, their lordships were pleased to observe that it was a part of the ..... procedure, their lordships at page 120 of the report expressed themselves as follows;'the legal remembrancer is ex-officio public prosecutor on the appellate side of the court and as such has the power to instruct counsel, his authority to act for the local government being in no way dependent on anything in the nature of a vakalatnama or warrant of attorney. ..... executive authority of the province to make appointments to the post of a public prosecutor and the executive authority of the province being vested by section 49, government of india act, 1935, in the governor, he only was entitled to appoint the advocate general, a public prosecutor.21. ..... government or the state government may appoint, generally, or in any case, or for any specified class of cases, in any local area, one or more officers to be called public prosecutors (added by section 3 -- anti-corruption laws amendment act, act xl of 1964 which came into force on and from 18-12-64). .....
Tag this Judgment!Court : Kolkata
Reported in : [1971]41CompCas308(Cal)
..... lordship answers this question in this way :' i think it is quite clear under the law of partnership, as has been asserted in this court for many years and is now laid down by the partnership act, that that state of things might be a ground for dissolution of the partnership for the reasons which are stated by lord lindley in his book on partnership, at page 657 in the passage which i ..... could be shown that it was not reasonably practicable to carry on the business of the company upon the terms in which it was intended it should be carried on, just as in cases under a similar clause in the partnership act, when it was not reasonably practicable for the business of a private partnership to be carried on in accordance with the terms on which the partnership was constituted, the partnership might be dissolved ..... following terms :' please take note of the fact that all the powers and authorities whatsoever given to you from time to time have been cancelled and for all the acts if done by you henceforth for and on behalf of the company, you shallbe personally liable for any loss or damage which may be caused to the company.'10. ..... .'72. the learned chief justice then refers to various facts of the case indicating that two members of the company were acting unfairly towards the petitioner and were prepared to deprive the petitioner of all powers and influence and also that their conduct was such that it appeared they ..... that if we dissect a company, we will find the anatomy of a partnership ..... , .....
Tag this Judgment!