Court : Rajasthan
Decided on : Oct-26-1949
Reported in : AIR1950Raj51
..... is made to believe wrongly that it was being done in execution of duty. it is, therefore, not possible to restrict the applicability of this section only to such a case where the act could possibly have been done both in good or bad faith.'19. moreover, the question of good and bad faith is a question which is ..... further. it cannot dogmatically be said that no sanction is necessary, under any circumstance to prosecute a public servant for the offence under section 409. what is required to be seen is whether the act alleged by the prosecution against the accused, which constitutes the offence of criminal breach of trust, was done or purported to be done ..... a tehsildar in tonk state, while alla noor khan was a patwari. at the time of the commission of the offence, nasir ali khan was acting as nazim, chhabra. both the applicants were challaned under sections 409 & 467, penal code, along with five others abdul majid khan, naimulla khan, muqrab rehman khan, mohammed shafi and mohammed amin, abdul .....
Tag this Judgment!Court : Chennai
Decided on : Apr-20-1949
Reported in : AIR1950Mad124
..... to 7. in appeal, we agreed with the lower court that the defendants obtained no right as lessees and were not tenants within the meaning of section 2 (4) of act xv [15] of 1946 and that upon the expiry of the lease in favour of plaintiff 3, the defendants became trespassers and were bound to ..... decision in annapurnabai v. ruprao as obiter, little realising that they were part of the ratio decidendi of perichiappan chettiar v. nachiappan : air1932mad46 concerning the proper interpretation of section 110, civil p. c. the learned judge, perhaps truly enough, observes that the argument negatived by the court in perichiappan chettiar v. nachiappan : air1932mad46 , was that ..... defendants resisted the suit mainly on the ground that they were entitled under act xv [15] of 1946 (the madras buildings lease and bent control act) to remain in possession since they satisfied the definition of 'tenants' found in section 2 (4) of that act. they had no lease deed in their favour; but they sought to support .....
Tag this Judgment!Court : Chennai
Decided on : Dec-07-1949
Reported in : AIR1950Mad460
..... that defendant 7 came to know of it only in march 1944, but even then unless he is in a position to take advantage of section 18, limitation act, he cannot get over the bar of limitation. section 18, however, is applicable only against the person guilty of the fraud. it is not sufficient, therefore, to attribute and prove fraud against ..... decree against all the defendants. along with this petition to set aside the ex parte decree defendants 7 and 10 filed the present petition to set aside the sale under section 47, civil p. c. the sale was claimed to be illegal and void; its validity was attacked on various grounds: (1) the decree itself was a void decree, ..... ground, bona fide court auction purchasers must not be deprived of the benefit of the provisions of the limitation act under article 166 and article 12 and that it is not consistent with the policy of the act to apply section 18 against them where they are not shown to be parties to the continuing influence of the fraud committed by .....
Tag this Judgment!Court : Karnataka
Decided on : Nov-11-1949
Reported in : AIR1950Kant26; AIR1950Mys26
..... hinduism to the extent that in both kinds of cases, the marriages prior to conversion have been regarded as valid for the purpose of considering whether an offence under section 494, penal code is committed when the converted persons marry again after conversion during the lifetime of the first wife or husband, but whether they commit an offence under ..... to christianity commits the offence of bigamy if he or she marries when the hindu spouse is alive unless the first marriage is dissolved. under the native converts marriage dissolution act, it is recognised. the marriage prior to conversion is not dissolved by the conversion. i may here refer to in re millard, 10 mad. 218 and gobardhan dass ..... ;kst;sr alfkkius'kq /kez;qs'kq u hew[kzfo/kafez'kqaa6. from this it does not follow that the marriage tie is severed by conversion or by any act of the parties. hindu law does not regard marriage as a mere contract. it regards that marriage makes the husband and wife one person. according to it, marriage .....
Tag this Judgment!Court : Allahabad
Decided on : Nov-08-1949
Reported in : AIR1952All550
..... justice that these cases be listed for hearing before a judge of the lucknow bench. reference was made to section 108, government of india act 1915-16, as amended by the government of india act 1919 and to sections 219 and 223, government of india act, 1935. the learned counsel also referred to the case of shell co. of australia ltd. v. federal commissioner ..... in the matter of the preparation of the cauee list of the high court and an order passed under section 24, civil p. c., cannot but be misleading. we are satisfied, therefore, that the order of 29-4-1949, passed by the acting chief justice, was not a judicial order. it was an administrative order.7. we are clear, however, that ..... . judged by this standard the order passed by the hon'ble acting chief justice on 29-4-1949, cannot be said to be a judicial order. reference was in course of argument made by mr pandey to section 24, civil p. c. we are clear that there is no analogy between an order of transfer or withdrawal passed by the high .....
Tag this Judgment!Court : Mumbai
Decided on : Apr-20-1949
Reported in : (1950)52BOMLR25
..... central government or the provincial government requisitions or acquires any moveable property, the owner thereof shall be paid such compensation as that government may determine:section 154 of the government of india act, as adapted by the india (provisional constitutional) order, 1947, runs as follows: property vested in his majesty for purposes of the government ..... structures erected by the central government, of the total value rs. 3,50,000, was taken into account and the annual value under section 127(b) of the municipal act was determined at rs. 93,370. the respondents objected to this assessment before the chief executive officer of the appellants. the deputy executive ..... of the land and of the buildings which were constructed thereon before april 1942. those premises have been assessed to consolidated rates under section 127(6) of the calcutta municipal act. an assessment at the general six yearly re-valuation was made in 1938-39. unless re-valued in the interval that would remain .....
Tag this Judgment!Court : Allahabad
Decided on : Jul-14-1949
Reported in : AIR1950All150
..... the case be sent back to the additional sessions judge of kheri who will re-hear the appeal and if it is necessary to admit any evidence, he will act in accordance with section 428, criminal p. c. if the learned judge finds that the evidence adduced falls short of bringing home the knowledge to the applicants, that an order prohibiting export .....
Tag this Judgment!Court : Kolkata
Decided on : Aug-29-1949
Reported in : AIR1952Cal429
..... and enjoyed' and if the property was intended not for security which is the essence and reality of a mortgage transaction but only as a mere device and act of parties to create jurisdiction for this court, then the inclusion of such property in the mortgage deed does not confer jurisdiction on this court to entertain a ..... was done in this transaction by plain-tiff n. l. roy, who is a practising solicitor of this court, and particularly when this plaintiff n. l. roy acted as the solicitor for the defendants in the conveyance by which the defendants purported to purchase the undivided l/48th share in 20 garanhatta street. one of the original, ..... mortgage was executed. the conveyance purports to be from one debeswar mukherji. it is marked ex. 1 in this suit. in the conveyance the plaintiff mortgagee nanilal roy acted as solicitor and the conveyance was prepared by him at his office. mr. bhaduri's evidence is that the defendants had never had any calcutta properties within the jurisdiction .....
Tag this Judgment!Court : Himachal Pradesh
Decided on : Apr-08-1949
Reported in : AIR1950HP1
..... sale in execution of a decree is duly confirmed by an order of the courtand has become absolute under rule 92 of order 21, civil p. c., an application under section 47, civil p. o, does not lie, the only remedy is by way of a suit: ramasami konan v. kulandaivelu pillai, a. i. r. (9) 1922 mad 63 ..... of this article (article 12), by seeking reliefs which though different are inconsistent with the validity of the sale. their lordships further observe as follows : 'the limitation act protects bona fide purchasers at judicial sales by providing' a 'abort limit of time within which suits may be brought to set them aside. if the protection is to ..... is to vanish directly some other relief consequential on the annulment of the saleis sought, the protection is exceedingly small..... both the letter and spirit of the limitation act require that this suit when looked on to set aside a sale should fall within the prohibition of the article.'23. article 95 provides three years limitation'when the .....
Tag this Judgment!Court : Kolkata
Decided on : May-12-1949
Reported in : AIR1950Cal12
..... to the contrary contained in pakistan (adaptation of existing pakistan laws) order, 1947 or in any other order made under the powers conferred by sub-section (1) of section 9, indian independence act, 1947, before the coming into force of this subsequent order.14. under sub-clause (2) of clause 3 of the 1949 order 'the whole ..... were in force on 15th august 1947 one adapting the laws so far as the dominion of india was concerned and the other for pakistan.6. section 18 (3), indian independence act, read with the particular adaptation order, ap. plicable in india and pakistan as the case may be, determines what changes are necessary in the ' ..... situate in pakistan within the province of east bengal, and the court of small causes, calcutta, within the indian dominion.4. section 18(3), indian independence act provides :'save as otherwise expressly provided in this act, the law of british india and of the several parts thereof existing immediately before the appointed day shall, so far as .....
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