Court : Allahabad
Decided on : Aug-04-1949
Reported in : AIR1950All54
..... respect of the offerings for a particular period. it should be noted that the receiver was not the receiver in insolvency but was a receiver appointed in a proceeding under section 145, criminal p. c. the official receiver desired this amount to be paid to him claiming it to belong to the estate of the insolvent madan lal. bhagwant kishore and .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-18-1949
Reported in : AIR1950All76
1. The answer of the Full Bench is to the effect that the self, acquired property of a Hindu father which his sons, who were joint with him, got on his death is in their hands joint family property and as between the sons and their descendants it is subject to all the incidents of a coparcenary. In our order of reference dated 12th April 1948, we held that Mt. Ram Dei defendant, had neither a right of residence nor the right of maintenance in the property which was the subject-matter of transfer by Ram Kumar to plaintiffs 1 and 2. This appeal must, therefore, fail on both the grounds urged before the Bench at the time of the hearring in 1943.2. The learned counsel for the appellant, however, now seeks further to challenge the sale made by Ram Kumar in 1940 in favour of plaintiffs 1 and 2 on the ground that it was not supported by legal necessity or by any antecedent debt. We are somewhat disinclined to permit fresh contentions being raised at this stage of the case. We prefer, however,...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Apr-09-1949
Reported in : AIR1950MP9; 1950CriLJ655
..... that an order for his release from custody be made as it was illegal and improper. immediately after the application had been made another communication under section 5 of the act stating the grounds of his detention was sent to the petitioner by the district magistrate. the grounds furnished this second time were couched in these terms: ..... some of his friends.3. these are the brief facts of the case. i may say at once that what purported to be grounds under section 5, maintenance of public order act and which were communicated to the petitioner on 24th march are no grounds at all. they are mere generalisations stating the effects which are likely ..... march 1949 the applicant was arrested by the deputy superintendent of police, indore city, by the order of the district magistrate, indore district, made under section 3(2), maintenance of public order act (vil [7] of 1949). on 24th march were communicated to the applicant the grounds on which the order had been made against him as required .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-05-1949
Reported in : 1950CriLJ799
..... put on flesh and his further observation more than 3 months later, to the effect that the disfiguration was not very noticeable, cannot take the offence beyond the mischief of section 326. both the courts below have held that the petitioner did commit this offence and in my opinion that finding must stand.3. in the next place, learned counsel ..... mathur for the petitioner, argued firstly that the offence, if any, was one under section 321, penal code and not under section 326. he elaborated this point by reference to the statement of dr. srilal, sub-assistant surgeon, to the effect that there were no marks of disfiguration on ..... orderramabhadran, j.c.1. the petitioner was convicted by mr. e. d. mehta, first class magistrate, of an offence under section 326, penal code, and sentenced to undergo 6 months rigorous imprisonment. an appeal was dismissed by the learned sessions judge. hence this revision petition.2. mr. c. p. .....
Tag this Judgment!Court : Chennai
Decided on : Jul-27-1949
Reported in : (1949)2MLJ751
..... the preservation of the business as an asset of the family, pending a final partition, he can claim reimbursement from the other members of the family under section 70 of the contract act or claim credit for such expenditure at the time of taking accounts with a view to effect a final partition. it is one thing for a tenant- ..... the plaintiff in order to secure a debt incurred in the course of the business. he relied on the analogy furnished by sections 45 and 47 of the indian partnership act which substantially reproduced the corresponding provisions of the english act and on the decision in in re clough : bradford commercial banking co. v. cure (1885) 31 ch. d. 324 ..... find it difficult to grasp with precision what, according to him, are the metes and bounds of the field within which an ex-manager of a family business can act so as to bind the interests of the other members.12. reliance has been placed on two recent decisions of this court reported in ramaswami chettiar v. srinivasa iyer .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-30-1949
Reported in : (1949)51BOMLR894
..... have no hesitation in repelling it. the argument on this point is based on the definition of the term 'employer' given in clause (g)(i) of section 2 of the act, which runs thus :'employer' means-(i) in relation to an industry carried on by or under the authority of any department of a government in british india ..... enactments was the registration and formation of trade unions and not for the purpose of defining the relations between the employers and the employees. section 28(k) of the amending act xiv of 1947 was enacted to prevent employers from interfering with the formation of trade unions and against preventing workmen from joining or helping in ..... issued by coyajee j. against the industrial tribunal to which a dispute between the western india automobile association and its workers had been referred under section 10 of the industrial disputes act, xiv of 1947.2. though a number of points were raised before coyajee j. and before the division bench, the principal question raised by .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-20-1949
Reported in : 1950CriLJ6
..... a.i.r. (33) 1946 p.c. 3 : 322 i.o. 304, in which inter ails the following observation was made :it is a sound rule in practice not to act on the uncorroborated evidence of a child whether sworn or unworn, but this is a rule of prudence and not of law.11. the points, which i have mentioned as ..... mushtaq ahmad, j.1. one taqi mirza, aged 18 years according to the first information report, appeals against iliad conviction under section 807, penal code and sentence of three years' rigorous imprisonment by the learned sessions judge of allahabad.2. the occurrence had taken place at 6-45 p. 1$. on 8th .....
Tag this Judgment!Court : Allahabad
Decided on : Feb-08-1949
Reported in : AIR1949All467
..... , or which must necessarily cause injury, obstruction, danger or nuisance to persons who may have occasion to use any public right.8. while it is true that this section does not apply to acts or omissions calculated to offend the sentiments of a class or a person of particularly refined susceptibilities-les non favet vots delicatorum-it does, on its plain language ..... , apply to the residents of a particular neighbour-hood, so that if they are all affected by the alleged act of the wrong doer, the act would be a 'public nuisance' within the meaning of this section.9. there is no doubt that the plaintiffs in paras. 2 and 3 of the plaint had alleged that people of other villages ..... to see as to which of these two provisions is applicable to the facts of the present case.7. the term 'public nuisance' has not been defined in the code. section 3 (44), general clauses act, x [10] of 1897, no doubt, provides that the term 'means a public nuisance as defined in the penal code', and .....
Tag this Judgment!Court : Allahabad
Decided on : Mar-31-1949
Reported in : AIR1949All493
..... their lordships of the judicial committee in court of wards v. ilahi bakhsh 11 a.l.j. 265 at p. 269 observed as follows:the punjab land revenue act 1887, act xvii of 1887, section 44, enacts that 'an entry made in the record of rights in accordance with the law, for the time being in force, shall be presumed to be ..... suit, his statement would not be binding on the remaining defendants or, for the matter of that, on the other members of his community. now para. 2 of section 18, evidence act, provides that:statements made by parties to suits, suing or sued in a representative character, are not admissions unless they were made while the party making them held that ..... of the government in setting aside land as an open graveyard for the musalman community in multan would be frustrated.to the same effect are the provisions of section 44, u.p. land revenue act, and they must consequently be given the same meaning.14. the entry of the word 'banjar,' therefore, was of no avail, and it only showed .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-06-1949
Reported in : AIR1949All536
..... suit had been filed had no jurisdiction but that it was the revenue court which alone had jurisdiction to entertain the suit in view of the provisions of section 10 of the said act. the point taken was that as the mortgage money under every one of the five deeds was below rs. 100 (rs. 500?) it was only the ..... of rs. 500, the civil court was vested with jurisdiction to try the suit. on a consideration of the language of section 10 of this act, we are of opinion that the expression 'the principal money' in that section necessarily has reference to the amount secured under a single mortgage transaction. it does not refer to the aggregate mortgage money that ..... mushtaq ahmad, j.1. this is a defendants' application in revision against a decree passed in proceedings for redemption under section 12. u.p. agriculturists' relief act.2. the claim for redemption was made in respect of five mortgages of different dates made by the same person against different members of a joint hindu family. it .....
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