Court : Mumbai
Decided on : Mar-29-1949
Reported in : AIR1949Bom314; (1949)51BOMLR556
..... acquirer of the watan land. if there was an alienation, the alienee and his family could never become watan family within the meaning of the act, and section 2 of act v of 1886 only applied to the watan family. that is, the special law of succession laid down only applied to the original acquirer and his ..... person who was also entitled to hold the hereditary office, that, however, does not appear to be strictly consistent with the provisions of the watan act. for instance, section 5(2) imposes a prohibition against alienation of watan property even though in respect of the office of the watandar a service commutation settlement has been ..... 309 and 285. the learned trial judge held that narayanrao was not a watandar within the meaning of the watan act and that therefore these alienations cannot be challenged under section 5 of the act. section 5 of the act contains a prohibition against alienations of watan property and watan rights, and such alienations if made cannot endure beyond the .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-24-1949
Reported in : (1949)51BOMLR997
..... such facts since these are not matters of evidence. notwithstanding the proviso, therefore, the legal concept of vacancy is still left for objective determination and the act of requisition under section 6 is quasi-judicial.16. i am free to confess that during the course of a long, interesting and full argument my mind wavered a good ..... which require legal determination? in my opinion their lordships were not dealing with this question. one of the requisites that a company must satisfy under section 5 of the companies act is that its objects must be lawful. can it be said that if a company was formed for unlawful objects the certificate of registration can ..... .r. 39 indap 237 : 17 bom. l.r. 1211. in that case a certificate of incorporation of a company issued under section 41 of the indian companies act, 1882, (corresponding to section 24 of the act now in force) was sought to be challenged. the circumstances of the case were somewhat unusual. a wealthy gentleman wishing to transfer his .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-04-1949
Reported in : AIR1949Bom277; (1949)51BOMLR342
..... and justices humphreys and singleton issued a writ of certiorari holding that in issuing a certificate the local authority was doing a quasi-judicial act. section 31 of the mental deficiency act imposed a duty upon the local education authority to ascertain that children were incapable by reason of mental defect of receiving benefit or further ..... has an immunity at all, that immunity must be found expressly in some statute or legislation. for that purpose reliance is placed on section 306 of the government of india act. under this section, no proceedings whatever shall lie and no process whatsoever be issued from any court in india against the governor of a province, whether ..... the view that that in capacity also applied to the presentation of a petition.13. it is interesting to note that the corresponding section in the government of india act, 1915, section 110, gave immunity not only to the governor but to the members of the executive council and also subsequently by an amendment to the .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-20-1949
Reported in : AIR1949All559
..... p.c., the decree being appealable to the lower appellate court.4. learned counsel for the applicants, mr. gopi nath kunzru, has relied on section 6, sub-section (2), u.p. (temporary) control of rent and eviction act, iii [3] of 1947, in support of his contention that all appeals are forbidden under this provision and the only remedy that the defendants, therefore ..... the words 'except as regards the rate of rent but no further' after the words 'provided that' and the words 'sub-section (4) or section 5' in place of the words 'this act' may be substituted. the sub-section after amendment now reads as follows:no appeal shall lie from any decree or order of the munsif or the civil judge in a suit .....
Tag this Judgment!Court : Chennai
Decided on : Nov-01-1949
Reported in : AIR1950Mad621
..... . 1942 mad 183 should have been the other way. it cannot also be presumed that when the father gave an indemnity he was doing either a grossly unjust act or a flagrantly dishonest act. indeed he was trying to be honest and straight, forward in his dealings with the vendee. he was selling a property in the circumstances he thought it was ..... pain not only of losing their share of the free 'unspent' portion of the price but on paying damages to the vendee if they dared to question their father's act in selling their property. relying upon this finding he argued that a promise made by a father which was so much at variance with his duty and which, in any ..... of his father in regard to a covenant of indemnity given by him. defendants 1, 2 and 3 are the sons of one venkatarama iyer. venkatarama iyer for himself and acting as guardian of his minor sons, defendants 2 and 3, and defendant 1 as a major executed a sale-deed in favour of the plaintiff's father, ramaswami iyer on .....
Tag this Judgment!Court : Chennai
Decided on : Mar-16-1949
Reported in : (1949)1MLJ658
..... same bench had occasion to refer to that decision in papammal v. ramaswami chettar : air1942mad726 , where the learned judges pointed out the difference between the requirements of section 19 of madras act iv of 1938 and the requirements to be proved in a suit itself where the debt had to be scaled down in accordance with the provisions of the ..... was embodied in palani goundan v. peria goundan : air1941mad158 , should be taken merely as obiter dicta. it is a clear pronouncement of what were the requirements of section 19 of the act. as i have already said, i agree with the courts below in holding that the fifth defendant had no saleable interest on 29th may, 1944, the date ..... of her application under section 19 of the act.6. independently of the fifth defendant's right to have the debt scaled down is the other question, put forward for the first time during arguments in .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-07-1949
Reported in : AIR1950Bom76
..... he wanted to be registered as a receiver in respect of these shares to which the defendant reddy was entitled, very serious difficulties came in his way, because under section 33, companies act, the company was not bound to take notice of any trust, express, implied or constructive, and if the company registered b. k. desai, receiver, as a ..... more than one application, we refuse to countenance the suggestion that the company could by any letter of its restrict the statutory right given to the share-holders under section 105c to apply for all the shares allowed to him till the time limit stated in the notice had expired. therefore, in my opinion, reddy had the ..... there is a new issue of shares is to be determined by a true interpretation of section 105-c, companies act. this is a new section which has been introduced into our act, and there is no parallel to be found in the english companies act. section 105-c makes it incumbent upon the directors when they decide upon increasing the capital .....
Tag this Judgment!Court : Chennai
Decided on : Mar-21-1949
Reported in : (1949)2MLJ310
..... civil courts. the fact that an interim or initial detention is legal does not secure for it immunity from attack if the subsequent formalities prescribed by section 2(2) and section 3 of act 1 of 1947 are not substantially complied with and the continuance of the detention would become illegal by reason of such non-compliance. any other construction ..... 284 >:(1942) 1 k.b. 87 presently but before doing so, i may point out some of the consequences of the view taken by the learned judge. section 2 of act 1 of 1947 does not require that the order of detention should be served on the person ordered to be detained before he is arrested and indeed it does ..... . it is not necessary to state the authority and if the petitioner had raised the objection and seriously contended that the district magistrate was not empowered under section 18 of the act, the order would have been easily produced. we therefore think that there is no substance in this contention.24. it was also argued that the order .....
Tag this Judgment!Court : Privy Council
Decided on : Dec-12-1949
Reported in : AIR1950PC64
..... " as "the bangalore civil station, the railway lands and the institute of science area", and "law" as including 'act and any regulation, rule, bye-law, notification or order having the force of law". section 3, provided that except as thereinafter provided all laws in force in mysore should apply to the retroceded area and the ..... enactments and with what modifications and restrictions should apply and remain in force in the retroceded area. section 6 and the succeeding sections made further provision for the application and interpretation of such enactments and by s. 11, the act xxiii [23] of 1947, already cited was repealed. 17. the precise meaning and effect of ..... , his highness the maharaja was pleased to enact by s. 1, that that act should extend to the whole of mysore and should come into force on 15th august 1948, thereinafter called the appointed day. section 2, contained divers definitions including that of "civil and military station" as "the area comprised within the boundaries of .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-25-1949
Reported in : (1949)51BOMLR725
..... cannot be recovered from the assessee company itself. now, in this case the income-tax officer had acted under section 18(3a) and section 18(3c). section. 18 (3a) casts an obligation upon any person responsible for paying to a person not resident in british india any interest not being 'interest ..... to take the agreement between the state and the assessee company into consideration, the income-tax officer was fully competent to make the necessary order under section 23a of the act.8. with regard to the second question, sir jamshedji contends that the shareholders are not liable to pay any dividend and therefore such a dividend ..... any part of these profits by way of dividends to its shareholders who were three in number. thereupon the income-tax officer took action under section 23a (1) of the act and ordered that all the assessable profits of the company should be deemed to have been distributed amongst the shareholders of the company. after the .....
Tag this Judgment!