Court : Karnataka
Decided on : Jul-29-1949
Reported in : AIR1950Kant33; AIR1950Mys33
..... plaintiffs, is the one so far dealt, with, and as this line of thinking was accepted by his lordship kandaswami pillai j. though that was due to his acting on the incorrect statement of facts made by the district judge, who could not have been expected to make such incorrect statements. all the same we cannot pass without ..... and his son for releasing such right as they might be demand to have, if any, in the said properties. the settlement as evidenced by this document has been acted upon for nearly four decades and neither devaraj nor plaintiffs or their father are shown to have questioned it. before considering the evidentiary value of what has been stated ..... by his waiving or surrendering his special right in it as separate property. a clear intention to waive separate rights must be established and will not be inferred form acts which may have been done merely from kindness or affection.'it is clear that shanmugam at any rate had at no time conceived the idea of treating his property as .....
Tag this Judgment!Court : Allahabad
Decided on : May-17-1949
Reported in : AIR1950All4
..... one month. this sentence expired on 7th february 1949, but he was detained in custody as an under-trial prisoner in the case under section 3, sub-section (7), u. p. maintenance of public order (temporary) act. he did not apply for bail and on 25th april 1949, he was sentenced to six months' rigorous imprisonment and is now undergoing that ..... been illegally detained be entertained.3. learned counsel has informed us that on 7th march 1949, an order was passed by the provincial government under section 3 (l) (a), u. p. maintenance of public order (temporary) act (iv [4] of 1947) directing his detention for a period of six months. it is the legality of that order that the applicant ..... , criminal p. c. he was granted bail but on 15th december 1948, he was re-arrested for breach of an order passed under section 8(l) (f), u. p. maintenance of public order (temporary) act (iv [4] of 1947). it appears that by an order passed in october, 1948, he was directed not to take part in certain activities and .....
Tag this Judgment!Court : Allahabad
Decided on : May-11-1949
Reported in : AIR1949All692; 1950CriLJ199
..... and that, therefore, the complaint made by him wa3 an invalid complaint, we would still hold, in that case, that the magistrate had jurisdiction to act under clause (c) of section 190 (1), criminal p.c. he could have treated this invalid complaint as as 'information.' in its ordinary sense 'information' is a wider term ..... the creditors the liquidation officer issued notice to the present applicants. meanwhile mewa ram, jain kuar and chandan kuar, taking advantage of the amendment of section 11, encumbered estates act, made an application before the special judge objecting to the pronote being shown as the exclusive property of the applioanta this application was made on 17th ..... pier off and alleging that they alone formed a joint hindu family. in due course this application was sent to the special judge where under section 8, encumbered estates act the applicants filed a written statement showing the debts due from them and the properties owned by them.4. in the list of properties mentioned .....
Tag this Judgment!Court : Allahabad
Decided on : May-12-1949
Reported in : 1949CriLJ852
..... to review the order about costs will also be rare. tha court will, therefore, be mainly called upon to review the order of punishment under sub-section (1) of section 10 of the act; and as the bar council has nothing to do with the question of punishment there will be no question of making a reference to the bar council. ..... advocates, in view of an order, made by this court, on 20th december 1916, removing him from practice, aa he was found guilty of misconduct, under sub-section (l) of section 10, bar council act (xxxviii [38] of 1926). his prayer ia that he may be granted pardon and permitted to resume practice as an advocates .19. shri raghubir saran: the ..... principle and procedure laid down for review of case3 under the code of civil procedure. the relevant subsection which gives this court power of review is sub-section. (6) of section 12, bar councils act. it ia reproduced below:the high court may, of its own motion cr on application made to it in this behalf, review any order pas- sed .....
Tag this Judgment!Court : Allahabad
Decided on : Nov-04-1949
Reported in : AIR1950All255; [1950]18ITR546(All)
..... answer to question no. 1 is that the loss of rs. 6,411 in the year 1939-40 in speculative business in calcutta could be set off under section 24 (2), income-tax act against the profits made in the speculative business by the calcutta branch in the year 1940-41.11. as regards question no. 2, my answer is that the ..... of the loss carried forward, they allowed rs. 3,006 and disallowed' the balance of rs. 3,405. this they did by following the clear wordings of section 24 (2) of the income-tax act which says that such loss carried forward can be set off against the profits and gains if any of the 'same business.' it is contended on behalf ..... inter-connection, interlacing, inter-dependence and unity embracing the two businesses. no such attempt seems to have been made by the appellate tribunal.6. on an application made under section 66 (1) to state a case the appellate tribunal refused the application on the ground that no question of law arose for determination. on a further reference to this court .....
Tag this Judgment!Court : Orissa
Decided on : May-11-1949
Reported in : AIR1951Ori132
..... fetters he has put upon himself-see villers v. beaumont, (1682) 1 vern 100. the presumption is that a charity is charitable and not fraudulent. section 120, transfer of property act lays down that a gift cannot be revoked except under circumstances in which, if it were a contract, it might be rescined-such as fraud, undue ..... the senate was a condition precedent to the commencement of the trust. nor is it necessary under the utkal university act that the university should accept the endowment through the senate. section 9, subs (6), utkal university act lays down that'the syndicate shall on behalf of and subject to the control of the senate manage the funds, ..... concerns, property and affairs of the university'and schedule sub (5) lays down 'subject to the provisions of this act and the statutes, the senate .....
Tag this Judgment!Court : Orissa
Decided on : Dec-20-1949
Reported in : AIR1951Ori147
..... behalf of the appellant, is that the documents (exs. 1 and 2) are usufructuary mortgage bonds and are statutorily discharged under schedule 7, orissa moneylenders act. this section provides:'notwithstanding anything to the contrary contained in any other law or anything having the force of law or in any contract, an usufructuary mortgage executed before ..... or after the commencement of this act shall, unless discharged previously, be deemed to stand discharged after the expiration of 15 years from the date ..... 'usufructuary mortgage' used in schedule 7 is to be understood in the light of the definition of that expression occurring in schedule 8 (d), t.p. act. there can be no doubt that the deeds in question contain something more than what is required to create a usufructuary mortgage. mr. rao, however, contends .....
Tag this Judgment!Court : Orissa
Decided on : May-05-1949
Reported in : AIR1949Ori53; [1949]17ITR420(Orissa)
..... .considering in the premises above, this court is not satisfied of the correctness of the appellate tribunal decision rejecting the application of the assessee under sub-section (1) of section 66 of the act on the ground that it is time-barred. we, therefore, require the learned appellate tribunal to treat the application as made within the time allowed ..... used in a larger sense than its ordinary meaning that sense may be given to it. (maxwell on interpretation of statutes pp. 70, 71).reading sub-section (1) of section 66 of the act in the light of rule 7, so far as it prescribes the different modes of making an application made to the appellate tribunal, the words 'require ..... powers to condone the delay. the circumstances in which the case arises are as follows :-the assessee was served with notice of an order under sub-section (4) of section 33 of the act on december 4, 1947. he having intended to require the appellate tribunal to refer to the high court a question of law arising out of .....
Tag this Judgment!Court : Orissa
Decided on : Mar-08-1949
Reported in : AIR1951Ori240
..... statute itself regarding the value to be attached to previous settlement entries and there is no provision corresponding to the proviso to sub-section (3) of section 117, orissa tenancy act. in the orissa tenancy act, however, there is an express statutory provision regarding the relative value to be attached to the earlier and later settlement entries and ..... of correctness, however, attaches only to the current settlement record, of-rights and as regards the previous record-of-rights the proviso to sub-section (3) of schedule 17, orissa tenancy act, gays that such entry shall be admissible as evidence of the facts existing at the time such entry was made. therefore, an entry in ..... elaborately in his judgment in this case.15. as pointed out by them, in the face of clear statutory provisions in section 117, sub-section (3) and the proviso thereto, of the orissa tenancy act, specifying in unambiguous terms the exact value to be attached to entries in the current record-of-rights and the entries .....
Tag this Judgment!Court : Orissa
Decided on : Jan-28-1949
Reported in : AIR1949Ori31
..... lands may be appropriately described for the purpose of discrimination. the services rendered in lieu of rent is nothing but rent. rent is defined in the orissa tenancy act in section 3(16) as whatever is lawfully payable or deliverable to the landlord on account of the use or occupation of the land held by the tenant;, and ' ..... has been rendering services but in default of such. service would be liable to pay rent for that land to his landlord within the meaning of section 3 clause (23), orissa tenancy act. keeping this in mind, if you, read the revisional settlement entries, they do not at all come in conflict with the entries in the ..... of decisions not a. single one of which had to deal with section 117, orissa tenancy act, in support of the view that, they have taken. the mere reading of section 117, orissa tenancy act, would afford a smashing reply to such a contention. according to this section, the latest settlement entry will have the statutory, presumption of correctness until .....
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