Court : Orissa
Decided on : May-11-1949
Reported in : AIR1951Ori273
..... transfer whether by private sale or by execution sale in a permanently settled estate. the validity or otherwise of such transfer depends on section 237, orissa tenancy act, which says:'nothing in this act shall affect any usage or customary right not inconsistent with or net expressly or by necessary implication modified or abolished by its provisions ..... rate. they further averred that killa darpan being a permanently, settled estate, was expressly excluded from the operation of schedule 1, orisaa tenancy act (old) & the new section 31-b of the act was not applicable to the case. the applts specific case was that the ct. of wards, while managing the estate of the pltf, ..... .'illustration (2) to the section, as it stood before the introduction of the orissa tenancy amendment act of 1938 runs as follows:'the usage under which a rayot in a permanently settled estate is entitled to sell his .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-12-1949
Reported in : 1950CriLJ3
..... btated above, admittedly the panchayat shikar, puri biradri was not wrongfully and forcibly dispossessed so as to bring the case within the first proviso to sub-section (4) of section 145 which requires that dispossession should be forcible and wrongful. the argument assumes that sita ram obtained possession of the chaubara on 22nd february 1948 on ..... of the preliminary order and the case did not fall within the first proviso to sub-section (4) and that being so the magistrate was not competent to restore to possession the panchayat shikarpuri biradri for the panchayat shikarpuri biradri had not been forcibly ..... until evicted therefrom in due course of law and forbidding all disturbance of possesaion until such eviction, and when he prooeeds under the first proviso to sub-section (4), may restore to possession the party forcibly and wrongfully dispossessed.as stated above, sita bam was in actual possession of the chaubara on the date .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-09-1949
Reported in : 1950CriLJ344
..... should be quashed because there was delay in the filing of the original complaint.11. no other point has been argued before me. the learned sessions judge acting under section 436, criminal p.c., has exercised a discretion vested in him by law and it is not open to me to interfere with the exercise of that ..... that case were- that after the examination of the complainant and of one witness, the complainant withdrew his remaining witnesses, and allowed his complaint to be dismissed under section 253, criminal p.c. after the lapse of five months, the complainant again filed a renewed complaint on the same facts. the magistrate thereupon issued process against ..... make, and the district magistrate may himself make or direct any subordinate magistrate to make, further inquiry into any complaint which bas been dismissed under section 203, or sub-section (3) of section 204, or into the case of any person accused of an offence who has been discharged :provided that no court shall make any direction .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Apr-05-1949
Reported in : 1949CriLJ813
..... resentment or disapprobation which is generated by legitimate comments, critioisms or ventilation of genuine grievances. such we apprehend is the meaning and effect of the section of the indian presa (emergency powers) act 1931 we are considering. we now proceed to examine the impugned letter and news item in the light of the legal principles explained above.17. ..... published in the petitioners newspaper 'pratap' and specified in the order contained matter of the nature described in clauses (d) and (h) of sub-section (1) of s.4 of the act. it is therefore, essential in the first instance to have a clear notion of the nature or kind of words which fall within the secope ..... of which the order of forfeiture has been made did or did not contain any words, signs or visible representations of the nature described in section 4, sub-section (1) of the act if the appears to the high court that the newspaper did not contain any words signs or visible representations of the nature described in that .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-21-1949
Reported in : [1950]18ITR33(P& H)
..... case of a non-resident, what income, profits or gains are deemed to accrue, or arise, or to be received in british india under the provisions of the act; and from section 42(1), we find that all profits or gains accruing or arising to a non-resident, whether directly or indirectly, through or from any business connection or property ..... , whether such income, profits or gains were received or deemed to be received in or brought into british india [within the meaning of section 14(2)(c) of the act], or whether section 42(3) of the act had any application. the question was not considered in this case, whether the assessees buying of the materials which he exported and sold was ..... tribunal in its order of reference and in their final form they are as follows :-1. is mere purchase of raw material an operation within the meaning of section 42(3) of the act ?2. can any profit arise out of mere purchase of raw material ?3. whether there was any material before the tribunal to hold what proportion of .....
Tag this Judgment!Court : Chennai
Decided on : Apr-14-1949
Reported in : (1949)2MLJ147
..... be followed, then the question arises whether the order-now under appeal which merely directs an enquiry into the conduct of the director and liquidator under section 235 of the companies act is a 'judgment' within the meaning of clause 15 of the letters patent. having regard to the exposition of the meaning of the word judgment ..... ' in clause 15 of the letters patent was yet appealable. i am unable to reconcile the different parts of the judgment in this case. either section 202 of the companies act incorporates the limitation on appeal ability contained in clause 15 of the letters patent or it does not. there is no tertium quid. if the view ..... of the court to initiate misfeasance proceedings even in the case of voluntary liquidation either against the managing director or a liquidator can be enforced by applying section 216 of the act. in my view, therefore, the court has ample jurisdiction to entertain the present application and the appeal therefore should be dismissed with costs of the .....
Tag this Judgment!Court : Chennai
Decided on : Sep-16-1949
Reported in : AIR1950Mad284
..... separate contracts of lease and hire is to destroy, it altogether. mr. ramchandra iyer argued that the furniture which was covered by the lease fell within the definition of section. 2 of the act. we do not agree. the observations of the learned judges in app. no. 590 of 1945 (patanjali sastri and bell jj.) in dealing with the plant, ..... the general law in accordance with the agreement between the parties, the only question to be considered was whether there was a default within the meaning of section 7 (2) (i) of the act. as there was clearly such a default he found that the lessees were liable to be evicted. he overruled their plea that the arrears of rent ..... contract is entered into between a landlord and tenant giving the tenant larger rights and greater privileges than those conferred on him by the act. in the present case though under section 7 (2) (i) of the act the landlord may be entitled to apply for eviction even when there was default in payment of a month's rent, the lease .....
Tag this Judgment!Court : Chennai
Decided on : Oct-13-1949
Reported in : AIR1950Mad387
..... that have been argued relate to the jurisdiction of the civil court to entertain the suit for ejectment and rent. even if my interpretation of section 8, sub-section (5) of the act is erroneous, it is argued by the appellant that the suit for ejectment and rent would lie only in a civil court. the contention is ..... demudu v. papayyaraju : air1944mad136 has been relied upon by mr. reddi pantulu the learned advocate for the respondent. with reference to the interpretation of section 8, sub-section (5) of the act, the learned judge observed as follows:'there seems to me no doubt when the legislature spoke of the tenant acquiring occupancy right during the period between ..... the arguments in this court proceeded on the basis of their correctness.2. mr. dhikshitulu, the learned counsel for the appellant, argued that section 8 (5), madras estates land act (hereinafter called the act) as amended in 1936 on which the claim of the laud, holder for eviction was based does not apply to the present case. .....
Tag this Judgment!Court : Chennai
Decided on : Dec-16-1949
Reported in : AIR1950Mad651
..... holding. it is now conceded that the lands are situate in an estate under the amended definition introduced in 1936. the rights of parties are governed by section 12, estates land act. section 12 clause (1) as it now stands is as follows :'subject to any rights which by custom or by contract in writing executed by the ryot before ..... they used the appropriate language--see for instance, expln. 2 added to section 6, expln. 5 to section 6 (a); section 23 expressly refers to the commencement of the madras estates land third amendment act, 1936, as contrasted with this act amending the madras act i [1] of 1908; so also section 28 proviso. i am not able to agree therefore with the contention ..... . prima facie that must be the meaning of these expressions. there is nothing in the section to indicate that the passing of this act, which means the madras estates land act i [1] of 1908 could be read as the passing of the amending act of 1936 or that the word now must be read as the commencement of such .....
Tag this Judgment!Court : Privy Council
Decided on : Jan-18-1949
Reported in : AIR1949PC187
..... cents of land comprised in survey nos. 205 and 63. the plaintiffs belong to a village situated in the estate of the defendant, the zamindar of devarakota. section 55, madras estates land act, runs as follows : "when a landholder for three months after demand fails to grant a patta in such terms as the ryot is entitled to receive, ..... the land remained fallow they naturally did not desire to pay any rent and so did not ask for its inclusion in the patta. section 4, estates land act says : "subject to the provisions of this act, a landholder is entitled to collect rent in respect of all ryoti land in the occupation of a ryot." the defendant could have ..... and their tenants in possession of land regarding their respective rights, the madras legislature passed the madras estates land act (i [1] of 1908) in 1908. section 6 (1) of the act enacts that "subject to the provisions of this act, every ryot now in possession or who shall hereafter be admitted by a landholder to possession of ryoti land .....
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