Court : Chennai
Decided on : Dec-16-1949
Reported in : AIR1950Mad820; (1950)IIMLJ163
..... . j. q. b. 216, the learned judges had to construe the words 'if such debt be payable by virtue of some written instrument at a certain time.' under section 28 of 3 and 4 wm. 4, chap-42, a creditor would be entitled to interest only if the written instrument fixed a certain time for payment. mellor j. ..... the second relief was construed to be one for the specific performance of the agreement to discharge the earlier mortgages. so construing, the learned judges applied article 113. limitation act. at page 411 the learned judges held that the date fixed under article 113 must be the date clearly mentioned in the contract, whether the said contract be oral ..... the suit to enforce the agreement ex. p-5 is barred by limitation. the learned counsel for the appellant as well as the respondents agreed that article 113, limitation act, applied. but counsel for the appellant argued that limitation would start only from the date when he had notice that the performance was refused, i. e. the compromise .....
Tag this Judgment!Court : Mumbai
Decided on : Sep-19-1949
Reported in : AIR1950Bom260; (1950)52BOMLR294
..... decree to the collector the judgment-debtor made an application to the court which passed the decree, for payment of the decree by instalments under section 11, central provinces money-lenders act. the court entertained the application and ordered the stay of the proceedings before the collector. the stay order, however, was not communicated to ..... c. the sale was held by the collector but before it could be confirmed, the judgment-debtor made an application to the court under section 5, united provinces agriculturists' relief act and prayed that the execution proceedings may be recalled from the collector. the court entertained the application and sent an order to the collector ..... to an order passed by an executing court in respect of the stay of execution by the collector. when the proceedings are transferred to the collector under section 68, civil p. c., the collector gets jurisdiction to proceed with the sale in accordance with the directions contained in schedule iii, civil p. c. .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-10-1949
Reported in : AIR1950All57
..... was a final adjudication which determined the matter in regard to the controversy in suit and the order giving effect to this decision was a decree within the meaning of section 2(2), civil p. c. and an appeal lay against it.10. in sabitribai debi v. jugal kishore : air1938cal639 , the facts were that the heirs of certain pro ..... in its entirety, amounts to an adjudication of the rights of the remaining plaintiffs as in the present case, it will amount to a decree which would be appealable under section 96, civil p. c. that such a distinction exists will be clear from the trend of authorities of other high courts which are of a date later than that ..... that it has abated. the contention, on behalf of the appellants, is that the order of the trial court amounted to a decree and, therefore, an appeal would lie under section 96, civil p. c. learned counsel urges that a distinction has to be made between those orders dismissing the suit for abatement, which are merely orders and, therefore, cannot .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-29-1949
Reported in : AIR1950All42
..... law did not exist although in fact it existed. he had also made the mistake of holding that a hut was not a building as defined in section 2(2), u. p. municipalities act, 1912. he accordingly set aside the order of acquittal and directed a re- trial.5. it would thus appear that the power to interfere in ..... have failed to exercise his jurisdiction and, therefore, a fortiori is a case in which this court in a criminal matter is bound to interfere.'the complaint was under section 500, penal code, and the trial court had convicted the accused person. the appellate court reversed the conviction without going into the merit of the case on the ..... application in revision is directed against an order of the learned assistant sessions judge of agra, dated 3rd may 1949, acquitting the opposite party madanlal of an offence under section 406, penal code, of which he had been convicted by the tahsildar magistrate of agra on 4th november 1948. a revision against an order of acquittal can be entertained .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-25-1949
Reported in : AIR1950All43
..... to an end on the expiry of the sixty years period.9. learned standing counsel had admitted that there is no provision in the cantonment act or in the limitation act which prevents adverse possession running against a cantonment board. it is not, therefore, clear why the lower court has said that the limitation could begin to run only ..... ; of fact, the government itself was a party to some of them. land was taken on lease for the octroi out-post, and land was acquired under the land acquisition act for the b. b & c i. railway for which compensation was paid to the fakirs. the government's right to file the suit must, therefore, be deemed to have come .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-04-1949
Reported in : AIR1950All77
..... p-2 and p 9. under these circumstances, the entire case could not have been covered by merely framing a charge of abetment and a charge of conspiracy under section 120b against all the five opposite parties was properly framed.10. i would therefore, allow this revision and set aside the order of the assistant sessions judge, dated ..... of the jury is returned or the opinions of the assessors are expressed.5. the contention, on behalf of the opposite parties, is that the word 'alter' in section 227, empowers the assistant sessions judge even to withdraw a charge and that, even if such power is not there, the assistant sessions judge, in this, case, merely ..... observations were made by the court that it was not proper to frame a charge under section 120b in the circumstances of those cases. the reason for those observations appears to be this. in these cases, the conspiracy was to commit a single act. the persons concerned could have been charged with actual commission of the offence or with .....
Tag this Judgment!Court : Chennai
Decided on : Sep-15-1949
Reported in : AIR1952Mad790; (1952)IIMLJ141
..... judgment had been written and signed by him, the case has reached beyond the stage of trial. even so the succeeding magistrate had a discretion under clause (1) to section 350 to act or not, on the evidence recorded by his predecessor. the procedure is left purely to the discretion of the magistrate which is different from the right which the accused ..... order xx rule 2 c.p.c. as instances of modification in-troduced in the civil procedure code, and similarly he refers to section 350 crl.p.c. as a modification introduced in the criminal procedure code, under section 350, a successor is permitted to act on the evidence recorded by the predecessor or partly recorded by him. but there is no corresponding provision relating to sessions .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-26-1949
Reported in : AIR1950All62
..... more persons having an interest in the trust and having obtained the consent in writing of the advocate-general may institute a suit. in the code of 1877 (act x [10] of 1877), section 539, the plaintiffs were required to have a direct interest in the trust. lord eldon, lord chancellor, in re, bedford charity, (1819) 2 swanst 470: (19 r ..... more persons, with the consent of the advocate-general, for relief with respect to public trusts. in the code of 1882, section 539, the same words 'direct interest' remained, but the word 'direct' was deleted by the amending act vii [7] of 1888. the code of 1908 also provides that two or more persons having an interest in the trust can ..... had held that under romilly's act (52 geo. iii, c.101) persons who had a direct interest in the charity were the only persons who were interested to present petitions to the court in certain matters relating to public charities and that may have led to the word 'direct interest' being used in section 539 of the code of 1877 .....
Tag this Judgment!Court : Rajasthan
Decided on : Nov-01-1949
Reported in : AIR1950Raj20
..... that although error in a decision of a subordinate court does not by itself involve that the subordinate court has acted illegally or with material irregularity bo as to justify interference in revision under sub-section (c) nevertheless if the erroneous decision results in the subordinate court exercising a jurisdiction not vested in it by law ..... of the privy council in the above two recent cases has thrown fresh light on the interpretation of section 115 of the code. the question which therefore arises in this case is whether the lower court has acted contrary to the provisions of any law or has committed some error of procedure as pointed out by ..... in the second case their lordships observed : 'it will be observed that the section applies to jurisdiction alone, the irregular exercise or non-exercise of it, or the illegal assumption of it. the section is not directed against conclusions of law and (act in which the question of jurisdiction is not involved.' both these decisions were again .....
Tag this Judgment!Court : Allahabad
Decided on : Jun-29-1949
Reported in : AIR1952All667
..... paid, the deputy magistrate caught the applicant and recovered the money from his possession. then after obtaining sanction from the district magistrate, the applicant was put on his trial under section 161, penal code. 3. there is no evidence to prove the demand for a bribe by the applicant prag, of whom the demand was made, has not been examined ..... his giving certain information to lalta etc. which he was not bound to give is not doing an official act and if he accepted any payment for giving the information, he is not guilty under section 161, penal code. if he had valuable information in his possession he was entitled to sell it for a price when he was not ..... ; it must be as a motive or reward for an official act. if a person accepts money bs a motive or reward for an act which cannot be said to be an official act, he is not guilty under section 161. the applicant is, therefore, not guilty under section 161, penal code. 4. i allow this application, set aside the applicant's conviction .....
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