Court : Privy Council
Decided on : Nov-22-1949
Reported in : AIR1950PC48
..... reference must now be made to another submission on the main question which was based by mr. gray on the provisions of the 1926 act. the following are the relevant parts of this enactment: "section 9.- in this act, unless there is anything repugnant in the subject or context :- (13) 'trustee' means a person, by whatever designation known, in ..... is legally due upon it. (16) "ryoti land" means cultivable land in an estate other than private land but does not include- ..." "section 6. (1) 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 situated in the estate of such ..... doing so it will be convenient to refer to certain of the provisions of the madras estates land act, 1908, as amended by act viii [8] of 1934 and act xviii [18] of 1936. omitting what is not material they are as follows : "section 3. - in this act, unless there is something repugnant in the subject or context : (2) "estate" means- .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-08-1949
Reported in : AIR1949Bom339; (1949)51BOMLR510
..... examination of a director-and sir fazal was a director of the company with which we are concerned in this case-is founded on section 196 of the indian companies act. that section provides that 'when an order has been made for winding up a company by the court, and the official liquidator has applied to ..... to the public examination was first introduced into the english company law by the companies winding act of 1890 and section 8(2) corresponds to section 177bf2) and section 8(3) corresponds to section 196 of our companies act. it is very significant to note that section 8(3) speaks of 'the court may, after consideration of any such report', any ..... reference whatever to the report which the official liquidator has got to make under section 177b. when we turn to the english companies act, which is in force today, we find that section 182 corresponds to section 177b and section 216 corresponds to section 196, and section 216 provides that 'where an order has been made in england for winding up .....
Tag this Judgment!Court : Mumbai
Decided on : Nov-22-1949
Reported in : (1950)52BOMLR474
..... parties, their application to intervene therein having been rejected. but in spite of this their lordships are of opinion that it is admissible under section 18 of the indian evidence act. the weight to be given to it must depend on all the circumstances, although their lordships do not accept the view held, apparently, by the ..... ought to be accepted as binding by the comity of nations. it is argued that as the judgment of the french courts does not fall within section 41 of the indian evidence act it is not admissible at all.8. it is true that the judgment in question was given in proceedings to which the present appellants were not ..... adoption. there were, in their lordships' view, a number of circumstances in the contemporaneous and subsequent behaviour of the parties from which the performance of the necessary acts could be and was properly inferred, particularly in dealing with events which had taken place as long ago as 1906. reliance was placed by the appellants on evidence .....
Tag this Judgment!Court : Mumbai
Decided on : May-24-1949
Reported in : AIR1950Bom12; 1950CriLJ254
..... declared unlawful on pain of penalty. if the members chose not to desist, then the penalty is incurred. for the purposes of the application of section 17 (1) criminal law amendment act, the courts take judicial notice of the notification and then examine the evidence showing whether a or b took part or not in a manner prohibited ..... is open to me to declare the notification ultra vires because there is no proof of such danger and that in any event the conviction under section 17 (1), criminal law amendment act cannot be sustained because in a criminal prosecution all the ingredients of the offence have to be proved. a large number of cases were cited ..... the facta are admitted. the provincial government declared the organisation called the rashtriya swayam bewak sangh (shortly r. s. s.) as an unlawful body under section 16/16, criminal law amendment act, the members of the sangh tried for a time to get the ban lifted but thereafter they decided to resume the activities and to offer satyagraha. .....
Tag this Judgment!Court : Mumbai
Decided on : Jun-20-1949
Reported in : AIR1950Bom38; 1950CriLJ427
..... attends the office of the hardware department.as this witness is in charge of the general shop and with his father supervises buildings, it is clear that the hardware section was controlled by his brother turabali and cousin hatimali further, there was the positive evidence of d. l. verma (p.w. 3) to the effect that ..... of the iron and steel (control of distribution) order, 1941 which had been made under1 defence of india, rule 81 (2). contravention of that order was punishable under section 81 (i) ibid-4. the applicants made the declaration ex. p-15 and it was received in bombay on 14th september 1946, nest day, the police sealed the ..... orderhemeon j.1. the applicants, hatimali and turabali were convicted and sentenced under sections 7 and 10, essential supplies (temporary powers) act, 1946, to pay fines of rs. 20,000 and rupees 6000 respectively by the section 30-magistrate, nagpur; and in appeal the sessions judge, nagpur, altered the convictions to convictions under kr. 81 u) and 117 of .....
Tag this Judgment!Court : Allahabad
Decided on : Feb-28-1949
Reported in : AIR1949All499
..... credit was not a loan, the subsequent mortgage deed was not to be held to be a transaction of loan within the meaning of that term under section 2 (10) (a), u.p. agriculturists' relief act. the same learned judge, however, sitting in a division bench in choudhury padam singh v. kunwar chandra raj saran singh : air1945all144 held as follows:the question ..... even press for an issue on the point-they are not entitled to get the benefit of chap. 5, u.p. agriculturists' relief act. they would, however, be entitled to the benefit of section 9, u.p. debt redemption act, that is, instead of interest being calculated at 6 per cent. with annual rests, they would be liable to pay interest at the .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-01-1949
Reported in : AIR1949All744
..... payment of the mortgage money-had been transferred or not and whether the mortgagors could get the benefit of the u.p. debt redemption act in view of section 2, sub-section (9) of that act. the lower appellate court came to the conclusion that the liability for payment of 33/40th part of the debt had been transferred to ..... wrongly, they did not exercise their jurisdiction illegally or with-material irregularity.it seems to us, therefore, that the material word in section 115, sub-section (c) is 'acted.' this clause will apply when the court 'acts' illegally or with material irregularity in the exercise of its jurisdiction. it can not apply to oases where the court merely comes to ..... the court says {specifically that it has no jurisdiction at all and not to cases of this kind where the court merely considers the interpretation of a particular section of a particular act. reliance was placed, in this connection, on behalf of the applicants, on. the case of lachman v. ali bux a.i.r. (34) 1917 .....
Tag this Judgment!Court : Orissa
Decided on : Apr-18-1949
Reported in : AIR1950Ori28
Das, J.1. The defendant is the appellant in this second appeal. The suit relates to an institution called Sri Biranshi Narayan Muth at Buguda, Ghumsur Taluk, Ganjam District. As appears from the connected civil Revisions Nos. 169/47 and 8/48 which have been heard with this appeal there appears to be some reasonable doubt whether this institution is a Muth or a temple. But so far as this appeal is concerned, it has proceeded on the assumption put forward by the plaintiff in his plaint that it is a Muth. This has not been traversed by the defendant in his written statement. The plaintiff's case is that the defendant is the Mahant of the Muthand that he is his duly constituted Chela and that his residence in the Math has been made impossible by the wrong conduct of the defendant and that he is denied even food and raiment and that he has had to leave the Muth in 1930. He accordingly asserts a right to be maintained out of the Muth funds and brings the suit against the defendant as the hea...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jul-04-1949
Reported in : 1950CriLJ149
..... to aggregate sentence of five years and nine months' rigorous imprisonment. on appeal which was heard by bhide j. the conviction was upheld on all other counts excepting under sections 491 and 193 and his sentence was reduced to a total of 3i years. it may be pointed out that along with him his two brothers balraj singh and bhagttt ..... of the confidence that has been reposed in him. but when after full and fair trial he stands con-victed of such wrong doing as demonstrates his unfitness to act as a pleader-an officer in courts of justice-and hi3 license as such has been revoked, if he petitions for reinstatement, the onus is on him to establish ..... the matter was placed before tek chand j. and on 16th april 1931 he ordered that as the material placed was not sufficient for taking action under the legal practitioners act, no further action need be taken. on 19th may 3981 one naghar singh made a complaint againt raghbir singh alleging professional misconduct of taking money from him and not .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-10-1949
Reported in : 1951CriLJ939
..... from failure to explain a momentary behaviour he may very well come under the clause, but a man's failure to explain his presence does not bring him within the section.kendall & wir j.i. concurred with the opinion expressed by sulaiman c.j. (boys & banerji jj., dissenting).11. the facts of this case attract the application of the ..... satisfactory account of himself are given the meaning 'explain what he was doing' or 'explain his conduct' at any particular time or place, it would make the scope of section 109 (b) too wide. on such an extended interpretation of the expression a man could be bound over merely because he does not discharge the burden of satisfying a ..... kaur, kartar kaur & ram piari appeared in the ct. of mr. k. c. grover, mag., 1st class, at amritsar who on that date passed a joint preliminary order under section 112, cr. p.c. in this order all that was stated was that hazura singh aforesaid had no ostensible means of subsistence. there was no allegation in the preliminary order .....
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