Court : Allahabad
Reported in : AIR1947All179
..... respondent in the plaint were : (a) a declaration that his removal from the membership of the city board, mussorie, was illegal, misconceived and inoperative and that the plaintiff was not subject to the disability of non-eligibility for election in accordance with the provisions of sub-section (3) of section 41 of the said act; (b) an award of a sum of rupee one as damages; (c) any other relief which under the circumstances the court deemed the plaintiff to be entitled ..... the balances mutually due are duly entered in the plaintiff's account books which are regularly kept and the transactions are not any new loans contracted for the purpose or on the understanding of helping the aforesaid contractors for securing any job in the board. ..... 2000 in circumstances which raise the presumption that these transactions were more in the nature of a price for his support of the 'lender' in securing jobs 'and appointments in the board.2. ..... sub-section (3) of section 41 prescribes that a member removed under sub-section (3) of section 40 shall not be so eligible for a period of three years from the date of his removal.11. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1941All318
..... the courts below have not referred to any other transaction in which the money was advanced by the plaintiffs to third parties. ..... ' in his opinion it appears that an isolated transaction would be sufficient contravention of the statutory provision and the condition of the agreement executed by the plaintiffs. ..... ' it is only another mode of expressing 'carrying on business;' but it certainly carried with it the meaning that the business or trade must be habitually or systematically exercised, and that it cannot apply to isolated transactions. ..... 584 the learned judges observed:speaking generally, a man who carries on a money-lending business is one who is ready and willing to lend to all and sundry, provided that they are from his point of view eligible. 11. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1940All1
..... the pleader concerned in that case had nearly a hundred money-lending transactions in his own name and in that of his minor son and it was found that the transactions in the son's name were only a shield or screen and that they really were transactions by himself and it was held that the pleader had engaged in money-lending ..... this is so is apparent from the following observations made in the course of the judgment:the vakil has admitted that from time to time he entered into transactions for the sale of grain salt, cotton seeds, etc. ..... on the other hand if it is found that money-lending transactions by an advocate are numerous, continuous and systematic the advocate must be held to have entered into money-lending business and to this effect is the decision of a full bench of the madras high court in chinnarappa ..... advocate also submitted that interest was charged on most of these loans only because the borrower expressed a preference to having the transactions placed on that basis. ..... out of the 12 transactions three took place in 1930 and the remaining nine advances were made in the course of nine years one in ..... out of these 12 transactions of loan three advances were on the security of immovable properties and the rest of the advances were made on the basis of promissory ..... (1906) 1 kb 584, it was observed thatspeaking generally, a man who carries on a money-lending business is one who is ready and willing to lend to all and sundry, provided that they are from his point of view eligible.6. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1938All321
..... there is no evidence one way or the other about any transaction relating to the issue under consideration between the years 1902 and 1910. ..... it is in the light of the history of the transactions and the growth of the general law that we have to arrive at a conclusion as to what was the true position of defendants 1 and 2 and what is the present position of the remaining defendants also in regard to the groves of which ..... in the course of arguments learned counsel have taken us through the whole of the transactions relating to the plots in dispute, i.e. ..... the evidence furnished by the transactions that took place between the years 1896 and 1902 is therefore, so far as it goes, in favour of the defendant-respondents.17. .....
Tag this Judgment!Court : Allahabad
Reported in : [1936]4ITR397(All)
..... society was made up solely of periodical investment by its members and the income of the society was mainly derived from interest earned on loans given solely to its members, every one of whom was by the rules eligible to take loans; and it was held by a special bench of the madras high court that such interest earned by the society from its own members was not taxable 'profits' within section 9 of the indian income ..... (2) whether the income of the chamber, derived from its members only in the shape of a certain fixed amount on each transaction registered in the chamber, can be deemed to be 'income, gains or profits' within the meaning of section 4 of the act, when such amount is to be spent not for distribution of any profits but for maintenance of its office and carrying ..... it was conceded that the income derived by the company from investments and from all transactions with non-members was assessable to income-tax, but it was held by four out of six of the noble lords who heard the appeal that no part of the premium income received under participating policies was ..... (3) to establish just and equitable principles in trade and to form a code or codes of practice to simplify and facilitate transaction of business between merchants dealing in grain, cotton seed, etc. ..... (3) that it did not settle any profit or loss, but simply recorded the transactions and was not concerned with any payments. ..... , at hapur and elsewhere, and persons entering into those transactions with them. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1936All764; 166Ind.Cas.38
..... society was made up solely of periodical investments by its members and the income of the society was mainly derived from interest earned on loans given solely to its members, every one of whom was by the rules eligible to take loans; and it was held by a special bench of the madras high court that such interest earned by the society from its own members was not taxable 'profits' within section 9, income-tax act ..... (2) whether the income of the chamber, derived from its members, only, in the shape of a certain fixed amount on each transaction registered in the chamber, can be deemed to be 'income, gains or profits' within the meaning of section 4 of the act, when such amount is to be spent not for distribution of any profits but for maintenance of its office and carrying ..... it was conceded that the income derived by the company from investments and from all transactions with non-members was assessable to income-tax, but it was held by four out of six of the noble lords who heard the appeal that no part of the premium income received under participating policies was ..... (3) to establish just and equitable principles in trade and to form a code or codes of practice to simplify and facilitate transaction of business between merchants dealing in grain, cotton, cottonseed, etc. ..... (3) that it did not settle any profit or loss, but simply recorded the transactions and was not concerned with any payments. ..... , at hapur and elsewhere, and persons entering into those transactions with them. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1934All273; 153Ind.Cas.733
..... , who sometimes goes about fishing, who can compose a letter for himself and write it in a tolerably good hand, who reads books to pass time, who is invited to tea parties, who knows the nature of the transaction in which he entered with the appellant, and indeed who arranged for it with father livesay, cannot be called an idiot in the ordinary acceptance of the word, namely, asa person so deficient in mental or intellectual faculty as to be inoapable of ordinary ..... ) i come to the conclusion that the petitioner is not an idiot within tha meaning of section 19, divorce act, that he understood the nature of the marriage transaction in which he entered and that the marriage cannot be declared as a nullity on any of the grounds mentioned in section 19, divorce act, or on the ground of want of intelligent consent. ..... 'where a person is a lunatic or an idiot he is, of course, incapable of understanding the true nature of the transaction and knowing its consequences. ..... the learned subordinate judge drew the inference, on the basis of the evidence given to prove his lunacy, that the plaintiff was a man of weak intellect who could be easily influenced improperly to enter into the transaction he sought to dispute in the suit. ..... in the case of a hindu adoption what is essential is the giving and taking provided, of course, the boy adopted is eligible for adoption. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1933All690; 145Ind.Cas.481
..... 2, which formulated the conditions of membership, it is provided.only those subscribing to the programme laid down by the communist international will be eligible for its membership,24. ..... those who do not subscribe to such a programme are not eligible for membership at all. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1932All5
..... upon a review of the authorities, their lordships came to the conclusion that the hindu texts, qua, the eligibility of persons who could claim the right of giving the girl in marriage were directory and not mandatory. ..... in cases in which shastra is merely directory, or only points out particular parsons as more eligible for adoption than others the maxim may be usefully and properly applied, if the precept or recommended preference be disregarded.25. ..... but the mere fact that a transaction is condemned in books like the smiritis does not necessarily prove it to be void. ..... but the transaction of a marriage in a hindu family belonging to the twice born caste is not a contract but is the result of a sacrament, marriage being one of the 16 samskaras provided for in the smritis. ..... gulab shastry formulates the rule of factum valet in the following terms:an act or transaction done by a man in the exercise of a right or power, natural or recognized by law, cannot be undone or invalidate by reason of there being texts in the shastras prohibiting such act or transaction.24. ..... if a transaction is declared to be null and void in law, whether on a religious ground or another, it is so, and if its nullity is a necessary implication from a condemnation of it, the law must be so declared. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1929All826; 121Ind.Cas.693
..... 'wilful default' therefore is indicative of some misconduct in the transaction of business or in the discharge of duty by omitting to do something either deliberately or by a reckless disregard of the fact whether the act or omission was or was not a breach of duty.24. ..... art, 128, whilst permitting the auditors to be members of the company, prescribed that:no director or other officer of the company shall be eligible during the period of his continuance in office.9. .....
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