Court : Chennai
Decided on : Apr-19-1949
Reported in : AIR1950Mad88
..... appeal and these batches of civil revision petitions raise the same point for determination, namely, whether medupalli agraharam is an estate within the meaning of section 3 (2), estates land act. it has now two landlords who originally belonged to the same family, venkatarangacharyulu and ramanujacharyulu. s. a. no. 2235 of 1946 arises out ..... out of two other villages, pentapadu agraharam and devaracheruvu kandrika in a common judgment in which he held that these were all estates under section 3 (2) of the act. he accordingly dismissed all the civil miscellaneous appeals as regards return of the plaints for representation to the revenue court and allowed appeal no. ..... out of this common judgment filed by the landlords of pantepadu agraharam and devaracheruvu kandrika, i held that they were not estates within the meaning of section 3 (2) (d) of the act, holding myself bound by an unreported bench decision by patanjali sastri and bell jj., in venkatarangacharyulu v. mukku ganganna, a. a. o. .....
Tag this Judgment!Court : Chennai
Decided on : Aug-19-1949
Reported in : AIR1950Mad269
..... part which entitled the defendant to take up the matter before the full bench of the court of small causes by way of a new trial application under section 38, presidency small cause courts act and the rules framed thereunder. this ground has been specifically taken in the application filed by the defendant before the full bench of the presidency small cause ..... the full bench of that court has summarily dismissed the application of the defendant without examining the question of law raised by the defendant. section 38 and rule 7 (b) of order 41, presidency small cause courts act in my opinion do cover the present case. such being the case, the full bench of the presidency small cause court was not justified .....
Tag this Judgment!Court : Chennai
Decided on : Nov-25-1949
Reported in : AIR1950Mad612
..... ordersubba rao, j.1. the only question in this revision is whether the suit transaction is a kanom within the meaning of the malabar tenancy act. a kanom is defined in section 3(1), malabar tenancy act as follows; ' 'kanom' means the transfer for consideration in money or in kind or in both by a landlord of an interest in specific ..... the definition of kanom does not make it anytheless a kanom. if it is kanom, the kanomdar certainly comes under the definition of a tenant under the malabar tenancy act. 3. the parties described the document as kanom-kuzhikanom -deed. the petitioner in the plaint gave the terms of the kanom deed and described the respondent as a kanomdar ..... contains the aforesaid two terms which are not included in the definition of a kanom, it is argued that the transaction is not a kanom but a mortgage and therefore act xvii [17] of 1946 has no application. in sundara aiyar's malabar law (1) the nature of kanom tenure has been succinctly described as follows: 'kanom is .....
Tag this Judgment!Court : Mumbai
Decided on : Aug-25-1949
Reported in : AIR1950Bom119
..... a more general word used by the legislature in that very definition.3. therefore, in our opinion, the expression 'loan' used by the legislature and as defined by section 9(9) covers a loan which is secured as well as a loan which is unsecured, and it is immaterial whether the lender advances money on security which fully covers ..... law. as a matter of fact he called upon responsible authorities on several occasions to elucidate the meaning of the expression 'loan' as used in the money-lenders' act, and the accused has also fought this case more as a test case than anything else. he wanted an authoritative pronouncement of the court as to what the true ..... applicant before us carried on the business of a money-lender without obtaining a license and without keeping and maintaining the accounts as required by the bombay money-lenders' act xxxi [311 of 1947. the contention of the accused was that he advanced moneys only on security and that he took security which was sufficient to cover the whole .....
Tag this Judgment!Court : Mumbai
Decided on : Sep-07-1949
Reported in : AIR1950Bom174; (1950)52BOMLR46
..... the learned arbitrator and whether the award can be challenged in any litigation in this court. for that purpose, our attention is drawn to section 60 of the act which provides that no order passed by the industrial court shall be called in question in any civil or criminal court. it is perfectly clear ..... mills. on 28th december 1946, the provincial government referred the industrial dispute between the employees of the company and the company to arbitration under section 49a, bombay industrial disputes act, 1938, and the arbitrator divan bahadur kamerkar gave his award on 24th march 1948. by this award he awarded that the employees should be ..... relief on moral and humanitarian considerations. now, the learned arbitrator came to that conclusion in view of the definition of 'industrial matter' appearing in section 3 (14), bombay industrial disputes act, 1938. in the first place, we look at the definition of 'industrial disputes' which means any dispute or difference between an employer and .....
Tag this Judgment!Court : Allahabad
Decided on : Mar-03-1949
Reported in : AIR1949All564; 1949CriLJ868
..... come to know of his ejectment may be accepted as correct. that, however, does not mean that the proceedings for ejectment would be rendered invalid.9. under section 181, u. p. tenanoy act, eject, ment proceedings are to be made 'in accordance with the provisions of gode of the civil procedure, 1908. relating to the execution of decrees for ..... he did not know of the ejectment proceedings. the rule referred to by the learned counsel has been framed by the board of revenue with reference to section 181, u. p. tenancy act and is as follows:79. delivery of possession in execution of a decree or order for ejectment shall be made by the qurq amia who, on ..... of possession is to be made to the decree-holder. the board of revenue, however, have framed certain rules under the powers conferred upon them by section 293, u. p. tenancy act, this section runs as follows:the board may, with the previous sanction of the provincial government and after previous publication, make rules consistent with this .....
Tag this Judgment!Court : Allahabad
Decided on : Jun-22-1949
Reported in : 1950CriLJ53
..... was not exercising any power of the magistrate detailed in sch. 3 of the code. i am, therefore, of the opinion that the proceedings under section 310 (2), municipalities act were not criminal proceedings and, therefore, the record which has been called for by this court is not the record of the proceedings of an inferior ..... criminal court situate within the local limit of its jurisdiction.7. the question, therefore, is whether the bench of magistrates, while acting under section 310 was acting aa a criminal court. it could not have been acting as such when the proceedings before it were not proceedings of a criminal nature. it is apparent that a magistrate may have ..... order passed without jurisdiction because it is only on an application by an owner of the house that a magistrate acquires jurisdiction to make an order under section 310 (2), municipalities act; and in this case, admittedly, no application was, made by maharaj babadur singh, the owner of the house. it is an illegal order for .....
Tag this Judgment!Court : Allahabad
Decided on : May-11-1949
Reported in : AIR1950All7
..... of adjudication of this controversy in the present suit. limitation bars the remedy : it does not destroy the right unless a case is of the description provided for by section 28, limitation act. the present case is not such a case. therefore, the right to challenge the validity of the mortgage of 1918 was not destroyed, but continued to exist even ..... nature of the mortgage of 1918 is no longer open to controversy in the present case, firstly because the claim to any such adjudication is barred by article 125, limitation act, and secondly because it is barred by the rule of res judicata. in my opinion, there is no force in either of the two contentions.7. the law of ..... to this court and it is contended on their behalf that the suit was barred by limitation.3. it is the common case of the parties that article 125, limitation act, applies. the contention of the learned counsel for the appellants is that the alienation really took place in the year 1918 and that the alienation in the year 1943 .....
Tag this Judgment!Court : Allahabad
Decided on : May-31-1949
Reported in : AIR1950All9
..... his presence and hearing. their lordships held that when a confession is made by an accused to a magistrate in the course of an investigation the magistrate must proceed under section 164, criminal p. c. or not at all and that a magistrate could not depose to an oral confession made to him.5. mr. shah aziz ahmad was not examined ..... made by an accused person to himself. it was contended before their lordships that if a magistrate records a confession, he is bound to follow the procedure laid down under section 364, criminal p. c., but if he does not reduce it to writing there is nothing in law to prevent him from deposing to the confession made to him in ..... orderseth, j.1. this application in revision is by one jagannath gupta who was convicted under section 411, penal code and sentented to one year's rigorous imprisonment. his conviction and sentence have been upheld by the additional sessions judge of kanpur.2. a theft was committed .....
Tag this Judgment!Court : Allahabad
Decided on : May-11-1949
Reported in : AIR1950All10
..... issue. the learned special judge also found that bonds had not been issued by the collector to the creditors under sections 80 or 31, encumbered estates act, before 24th february 1943, the date on which the objector filed his objection under section 11.3. the landlord, applicant has filed certain objections to these findings, mr. gopal swarup pathak on behalf of ..... are actually handed over to the creditor by an officer subordinate to the collector, the officer must be deemed to act for the collector and we do not see how that can make any difference. the language of section 30 appears to us to be clear that the date on which a bond is given to a creditor is the ..... , 25, 28 or 31 or bonds had been issued by the collector to the creditors under sections 30 or 31, encumbered estates act, before 24th february 1943, the date on which the application under section 11 was filed?'2. the finding of the learned special judge is that the property in dispute had not been transferred to any person under .....
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