Court : Privy Council
Decided on : Mar-17-1949
Reported in : AIR1949PC239
..... that this was a commercial loan. 13. then remains the further question of whether the mortgage suit in the present case is a suit to which the act applies within s. 36 of the act. section 2(22) defines such a suit as being a suit or proceeding instituted or filed on or after 1st january 1939, or pending on that date. the ..... of the limits specified in cls. 1 and 2 of s. 30. for the purposes of this appeal it is not necessary to consider these powers in detail. section 40 (5) of the act provides that in any suit or proceeding the burden of proving that a loan is a commercial loan shall be on the money-lender who advanced the loan ..... in the court of the subordinate judge at burdwan asking for relief under ss. 30 and 36 of the act. [7] the act was passed on 1st august 1940, and the following provisions of it are relevant to this appeal: "section 2. in this act, unless there is anything repugnant in the subject or context - (4) 'commercial loan' means a loan advanced to any .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Nov-14-1949
Reported in : AIR1950MP28; 1950CriLJ813
..... jurisdiction to entertain and dispose of such appeals, revisions and other cases, civil and criminal, as it may be empowered to do under this act. he also referred to section 32 of the act by which all court, civil and criminal, in the united state shall be subordinate to the high court and the high court shall have ..... those under which the writ of mandamus is issued in england. it was further held that patna high court does not possess any powers either under section 4, specific relief act or letters patent, to issue writs of mandamus similar to those possessed by the calcutta high court and the high court of bombay and madras. in ..... the authority constituting the court. if it is unlimited, there is no matter of which it cannot take cognizance. the jurisdiction conferred on this court by section 23, high court act is a limited jurisdiction and within the prescribed limits there is no enactment under which the application can be entertained. for this reason the application is rejected .....
Tag this Judgment!Court : Orissa
Decided on : Nov-09-1949
Reported in : AIR1951Ori248
..... & that any alienation of the same made by the previous zamindar would, therefore, be valid even after his death & would not be hit by the madras impartible estates act, 1904; (ii) in any case, the pltf. has perfected her title to those lands by adverse possession; (iii) in the family of bodokhemidi zamindars there was a ..... a' schedule lands in village kattubati by sri krupamaya ananga bhima deo ceased to be operative after his death by virtue of the provisions of the madras impartible estates act, 1904 & that she acquired no right over the said lands either by virtue of the grant or by adverse possession as claimed by her.4. the main ..... the pltf. claims to be the illegitimate daughter of sri krupamaya anauga bhima deo, the late zamindar of bodokhemidi estate which is an impartible estate under the madras impartible estates act, 1904. the principal deft. (deft. 1) is the present zimindar of bodokhemidi estate & is the legitimate son of sri krupamaya ananga bhima deo. the other defts. .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jul-04-1949
Reported in : AIR1950P& H150; 1950CriLJ725
..... six items mentioned above could be said to contain an incitement to violence or disorder. it was, however, argued that they naverthelesa came within the mischief of section 4 (1), press act,11. although incitement to violence or disorder has been held not to be an essential ingredient of the offence of sedition in india the provisions of the ..... and two are editorial comments. it was alleged that the subject-matter of these articles and news items fell within clauses (b), (d) and (h) of section 4 (1), press act. the petitioner's application is directed against the order of forfeiture parsed by the chief commissioner of delhi and it is contended in the petition that the articles ..... and news items objected to are harmless and they do not come within the purview of section 4 (1), clauses (b), (d) and (h), press act and in any case the exceptions to section 4 cover the petitioner's case,2. it must be mentioned that the petitioner was on a previous occasion asked to .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-07-1949
Reported in : 1949CriLJ573
..... the said shop himself and it was on 26th jane 1948 that the respondent put his own lock on the aforesaid premises.3. the resident magistrate, thereupon, acting under section 145(1), criminal p.c., passed the preliminary order which reads.whereas i am satisfied from the information placed before me by bishambar nath applicant that then ..... of the 'express motor garage' should be restored to the parties, they being in joint possession. on the rinding that the application was not competent within the meaning section 145, criminal p. g., the resident magistrate bas no jurisdiction to direct that the possession of the 'express motor garage' should be restored to the parties, ..... decision of the magistrate proceeds upon the finding that the applicant had acquired no interest in the premises on the basis of the partnership deed. as stated above section 145, criminal p. c., is concerned solely with actual possession and the question how the party came into possession is not the matter for enquiry in .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Apr-27-1949
Reported in : [1949]17ITR406(P& H)
..... in their opinion been fully rebutted. the second ground on which they based their answer had reference to the language of the proviso to sub-section (2) of section 4 of the indian incomes-tax act as it then existed. of course, this second ground can no longer be said to be a live ground by reason of the rastic ..... to in the above-mentioned judgment in certainly not a presumption of law but is quite obviously a presumption of fact such as is contemplated by section 114 of the indian evidence act. where an assessee having business connections abroad which any result in profit has received remittances from out of the funds of the business carried on by ..... to follow the view expressed in ramaswami pillai v. commissioner of incomes-tax, madras. on an application by the commissioner of income-tax presented under section 66 of the indian income-tax act the appellate tribunal has stated a case and has referred the following question of law to this court for decision :-'whether on the facts proved or .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Apr-06-1949
Reported in : AIR1954P& H298
..... in that area, under sub-section (2) of section 15 and under sub-section (1) of section 20 of the aforesaid act for directions being issued to the pay master of north western railway, lahore division, for payment to him of a sum of ..... hearing of the petition number of interesting and difficult questions arose. one of these questions was whether in view of the provisions of sub-section (2) of section 17, payment and wages act, the order of the learned district judge dismissing the petitioner's appeal was open to revision. another question that arose was whether the order ..... 1944, he appiied to the senior subordinate judge of amritsar, who had been appointed by the provincial government, under the provir sions of sub-section (1) of section 15, payment of wages act, to be the authority to hear and decide for the area concerned all claims arising out of deductions from wages etc., of persons employed .....
Tag this Judgment!Court : Chennai
Decided on : Apr-20-1949
Reported in : (1949)2MLJ612
..... to the central jail, rajahmundry. on the 10th and nth april, 1948, the district magistrate of krishna under the authority delegated to him under section 15 of the madras maintenance of public order act (act i of 1947) passed orders of detention against the petitioners and seemed to have also prepared the grounds of detention on the said dates. the ..... attack the members of the rashtriya swayam sevak sangh. this activity of theirs, it is alleged, is not proximate enough to justify an order of detention under section 2(1) of the act. the interval, it would be seen, between the occurrence on the 31st january, 1948, and the order of detention is more than 2 months. the ground ..... fixed so as to restrict the activity of the person which would be open for consideration by the detaining authority to pass an order of detention under section 2 (1) of the act; that must vary according to circumstances of each case. the incident and the occurn nee which are complained of, if true, is certainly a serious .....
Tag this Judgment!Court : Chennai
Decided on : Aug-19-1949
Reported in : (1949)2MLJ647
..... heir was also a person who claimed part of the effects of the deceased creditor. the learned judges observed, 'it is not inconsistent with the language of section 4 of act vii of 1889, for a person claiming a debt under an assignment made by the creditor's heir certainly claims part of the effects of such creditor. there ..... ., held that even an assignee of a debt from the heir of the deceased creditor was bound to apply for a succession certificate under section 4 of the act vii of 1889, succession certificate act. it was contended before the learned judges that there was no obligation on the part of an assignee to apply for a succession certificate ..... hands of the reserve bank of india (public debt office), madras, on. the date of the petition and continues to be held by them till now. section 371 of the succession act (xxxix of 1925) defines the court having jurisdiction to grant a certificate. it reads as follows:the district judge within whose jurisdiction the deceased ordinarily resided .....
Tag this Judgment!Court : Chennai
Decided on : Nov-01-1949
Reported in : AIR1950Mad603
..... in proof of the contract to support the relief of specific performance in a suit for such relief--a difficulty which does not exist after the amendment of section 49, registration act, by the addition of the proviso thereto in 1929--such a document can be received in proof of the contract in a suit like the present for ..... contended for the appellant that the document falls within clause (d) or clause (b) or at any rate, within clause (c) of section 17(l), registration act, and that under section 49 of the act it cannot be received as evidence of any transaction affecting the immovable property comprised therein. it is urged that if it cannot be received as evidence ..... that raises the question, what is the meaning of the words 'any transaction affecting such property' in clause (c) of that section. the contract, in my opinion, is such a transaction, although as section 54, t. p. act, declares it does not of itself create an interest in the property. so much is clear from the ruling of a full .....
Tag this Judgment!