Court : Mumbai
Reported in : (1946)48BOMLR625
..... the same position as a son, because she takes the place of her husband as his other half. this position is said to be discernible from the wording of section 2 of .act v of 1886, where an exception to the ordinary rule against the succession of females to watan property is made in the case of a widow or mother or ..... watan property in the hands of the successor of a watandar who has encumbered it is liable to attachment and sale contrary to the express statutory provisions of section 5 of the watan act. in that case it was conceded without argument that watan property could at best be put up for sale only to a watandar of the same watan. but ..... so, it becomes equivalent to the land which passed under the lease and is to the same extent watan property within the meaning of the definition given in section 4 of the watan act.2. it is then argued that even watan property in the hands of a widow is liable for the execution of a decree obtained against the widow's .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1926Bom91; (1925)27BOMLR1353; 94Ind.Cas.709
..... disturbing the plaintiff or his tenants in its possession. mr. velinker urges that, in view of this injunction, the court should, at any rate, not act under the hitter part of sub-section (6), namely, exercise its power of restoring possession to the petitioner. he also urges that, in view of this injunction, the court should refrain from ..... ' wrongfully ' does not put title in issue. the word 'wrongfully, ' therefore, means no more than 'otherwise than in due course of law ' in section 9 of the specific relief act. the proviso was inserted because under the code of 1872 the courts were embarrassed by having to recognise a forcible possession. the case of in the matter of ..... the 22nd he says it was forcible but not wrongful because the opponent was acting under, or under colour of, an authority signed by the owner. but this is a misconstruction of the word ' wrongfully ' in the first proviso to section 145 (4). the section makes it clear that the magistrate is not concerned with title or with .....
Tag this Judgment!Court : Allahabad
Reported in : (1907)ILR29All64
..... door was opened with the consent of the owner of the house occupied by the plaintiff. the learned vakil for the appellants practically admits that the language of section 4 of the easements act, which defines an easement as a right which the owner or occupier of land possesses, is against him. i dismiss the appeal with costs.2. the objection under .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1949All428; 1949CriLJ674
..... examination under 8. 266, observed:.if he felt that there were no good grounds for adjourning the owe he should have found the aoeused 'not guilty' and acquitted him,acting under section 258(1).boys j. only discussed the proper order to be passed in such a case; he did not consider the question of responsibility for the absence of the ..... be discharged' are used, when the duty of discharging is upon the magistrate, it follows that the duty of re. calling also is upon him. the other acts to be done under section 256 are also to be done by him.4. the use of the word 're-called' in 8. 2156 does not necessarily indicate that witnesses should have been ..... (it any), the; shall be discharged.3. now the principal question is whose duty it is to re-call the prosecution witnesses for mobs. examination as required under section 256. the section itself does not expressly lay the duty on either the complainant or the magistrate, but the general scheme of trial of warrant oases suggests that the duty is on .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1917All210(1); (1917)ILR39All605
..... of the terms of section 167 of the tenancy act. the defendants first party are clearly tenants and the sum sued for is the share of the value of the fruits of a grove and, if payable at ..... suit out of which this appeal has arisen is in substance a suit for recovery of rent from a tenant within the definition of these two words in section 4 of the tenancy act. the plaintiffs first of all went to the revenue court. the plea taken in defence there was that the revenue court had no jurisdiction. the court of first ..... the defendants on account of the same years. the courts below have dismissed the suit on the wrong ground that it is barred by the principle of res judicata under section 11 of the code of civil procedure. it is quite clear that the suit is one which might and ought to have been tried in a revenue court in view .....
Tag this Judgment!Court : Allahabad
Reported in : (1921)ILR43All341
..... of the lady's death on this latter point the respondent certainly has an arguable case. it might well be suggested that, whatever meaning may be put upon section 4 of act no. vii of 1889, the fact would still remain that the debt due to the heirs of the lady, from the moment of her death, was no ..... the estate of a deceased person respectively falling to different heirs, successors or legal representatives of that person. the view taken is that the intention of the succession certificate act is that the court should choose that one claimant who seems prima facie to have the best title and, after taking such security from him as may suffice to ..... learned judges laid it down, in the most unqualified and uncompromising terms, that the dower debt due to a muhammadan lady was a single debt, that the succession certificate act does not contemplate the granting of a certificate for the collection of any portion of a debt and that, consequently, no succession certificate should be granted in a case .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1938All555
..... of the chief court was confirmed by this court. the letter of the registrar clearly shows that this court did not in any way direct the insolvency judge to act under section 36. the stay order was not for any particular period and the re-opening of it did not depend on the happening of any event. that being so ..... to reopen it until the final decision of the insolvency appeal pending before the chief court. learned counsel for the appellant has referred me to section 36, provincial insolvency act. in my judgment this section in no way helps the contention of learned counsel. the chief court of oudh could not pass an order of stay of a case pending ..... the official receiver and passed a final decree as prayed by munnu lal. the official receiver on 23rd march 1934 applied to the insolvency court, cawnpore, under section 53, provincial insolvency act, for a declaration that the sale deed dated 29th september 1931 was null and void against him. the appellant made an objection but the court of first .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1928All41
..... in good faith to be the owner. it makes no difference that he failed to satisfy himself at the time of the sale that it was necessary. section 65, contract act, is a guide as to the principle to be invoked. when a contract becomes void, us it did in this case by the plaintiff repudiating the sale ..... compensation has, however, been definitely raised in this court, and we have to see how far it is applicable.15. the law on the point is contained in section 51, transfer of property act, which runs (omitting less important words) as follows:when the transferee * * * * * * * * makes any improvement on the property * * * believing in good faith that he is ..... the transfer. i would point out that the definition of 'in good faith' contained in the general clauses act section 3(20) as meaning merely honestly' does not apply to acts passed before 1897 (see section 4). when section 51, transfer of property act, was passed the only definition of 'good faith' on the indian statute book was that in the .....
Tag this Judgment!Court : Allahabad
Reported in : [1933]1ITR186(All)
..... may be justified on evidence, the benares firm cannot legally be a partner in the nine other firms.mukerji, j. - this is a reference under section 66, sub-section (2), income tax act, by the commissioner of income tax, u.p. there is a firm in benares known as jai dayal madan gopal. it consists of two partners ..... difficulty but having regard to the previous authorities, particularly of this court, i am not prepared to dissent from the view that the word 'person' in section 239, contract act, should not be interpreted so as to include a firm. such an interpretation avoids complications in dissolution of partnerships and may well be accepted. but the question ..... another firm, then i would unhesitatingly proceed to answer it.there is authority for the view that one firm cannot legally be a partner in another firm. section 239, contract act, defines a partnership as the relation which subsists between persons who have agreed to combine their property, labour or skill in some business, and the share .....
Tag this Judgment!Court : Allahabad
Reported in : 2Ind.Cas.453
..... the magistrate and not upon information otherwise received or upon personal knowledge, as mentioned in clause (c), section 190. section 191, therefore, had no application. there is nothing to show that when the accused appeared before the magistrate the particulars of the offence of which they were accused ..... of bareilly with the recommendation that the conviction of the two accused, beni ram and jhau lal, be set aside as also the order passed under section 106 of the code of criminal procedure directing' them to furnish security to keep the peace. the learned judge was of opinion that the magistrate took action under ..... as the complainants. this petition was made with a view to the magistrate taking action in regard to acts committed by the accused. it was, therefore, a complaint within the definition of that term as contained in clause (h) of section 4 of the code of criminal procedure. it was upon this complaint that action was taken by .....
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