Court : Allahabad
Decided on : Aug-05-1949
Reported in : AIR1950All53
..... , namely, the other vendees from lokan singh, tara singh and others, or to get the debt apportioned between himself and the other vendees under section 9(5)(a), encumbered estates act. in the result the entire amount due to prithi raj singh was realised from sheodan singh. thereafter the present suit was tiled by sheodan singh ..... for contribution under section 82, transfer of property act.3. the suit was resisted by the defendant-respondents and their main ground was that as sheodan singh had failed to get the debt apportioned ..... between himself and his co-debtors in the proceedings under the encumbered estates act, he could not maintain the suit for contribution under section 82, transfer of property act. there were other issues also raised, but the courts below have dismissed the suit on the ground that it was .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-31-1949
Reported in : AIR1950All109
..... a judgment is binding upon the entire world not only according to the english law (vide bigelow on estoppel, 6th edn. p. 256) but also according to section 41, evidence act. another analogous judgment is one appointing a guardian of a minor's estate ; so long as that judgment stands unreversed it constitutes a full warrant for the demand ..... as a juristic person having power to appoint a mutwalli.24. even if a juristic or artificial person was not recognised in the pure mohammedan law, a court acting under section 92, civil p. c., has certainly the power to appoint a corporation as a mutwalli of a waqf because it is then governed by the rules of procedure ..... . similarly, it is not necessary to decide whether the contesting defendants are bona fide purchasers. even if they were bona fide purchasers, they cannot seek protection under section 41, t. p. act, against: god. latafat ali, etc., could not pass a better title to them than what they themselves had and they had none. i am not satisfied .....
Tag this Judgment!Court : Orissa
Decided on : Sep-13-1949
Reported in : AIR1950Ori47
..... undoubtedly be 'taxes' but 'fees' seem to stand on a different footing. though 'fees' have nowhere been defined in the government of india act, in sub-section (2) of section 37 and sub-section (2) of section 82 it is clearly indicated that fees for license or fees for services rendered should not be deemed to be taxes and any bill containing, ..... products sales adjustment committee v. crystal dairy ltd., 1933 a c. 168: (102 l. j. p. c. 17) and reference under the government of ireland act, 1920 and section 3, finance act, (northern ireland, 1934, 1936 a. c. 352. these cases while no doubt showing that compulsion is an essential feature of taxation, do not show that it is ..... his contributions is in fact taxation it is not necessary finally to decide.'23. mr. basu then relied on in re a reference under the government of ireland act, 1930 and section 3, finance act (northern ireland) 1934, (1936) a. c. 352. but that decision is of no help in deciding the main question in she present case. there .....
Tag this Judgment!Court : Chennai
Decided on : Sep-02-1949
Reported in : AIR1951Mad473; (1950)2MLJ511
..... about which reference has already been made. after that the appellants filed o. p. no. 44 of 1946 which has given rise to this appeal, under section 84 (2) of the act and section 151, civil p. c., for setting aside the order of the board in o. appln. no. 375 of 1940, dated 2-5-1945. the learned ..... the board of commissioners for the hindu eeligious endowments, madras. though the order of the board of commissioners aforesaid was stated to be passed in proceedings under section 62 of the act for the settlement of a scheme of administration for sri alagar temple, thevaram periyakulam taluk, madura district, the appellants herein have construed it as an order ..... before a third judge, and for this purpose papers may be placed before the honourable the chief justice.govinda menon, j.15. under sub-section (3) of section 84, madras hindu eeligious endowments act, the appellants who were the petitioners in the district court of madura, appeal to this court against the judgment and decree of the learned .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-11-1949
Reported in : AIR1950All49
..... to that effect. apart from that, a mortgagee does not pay land revenue or local rate on his own behalf bat merely as an agent of the mortgagor. under section 76, t. p. act, act iv [4] of 1882, a mortgagee in possession, in the absence of a contract to the contrary, is liable to pay government revenue and all other charges ..... , then a mortgagee by reason of his paying local rate as mortgagee would not be entitled to claim the benefit of the u. p. agriculturists' belief act. according to section 199, agra tenancy act of 1926, a thekedar is a farmer or other lessee of the proprietary rights in land. this definition would not include a mortgagee or a lessee of ..... is said that if no interest had accrued due, then the payments must be taken to be payments towards the principal. we are not concerned with the interpretation of section 39 of the act and it is not, therefore, necessary for us to express any opinion. apart from the fact that, in our view, the interpretation placed by the lower court .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-01-1949
Reported in : AIR1951All546
..... in the manner laid down in the second clause. we are, however, satisfied that that was not the intention of the legislature.9. now if section 3, prevention of corruption act, had done no more than place certain offences in the category of cognizable offences, then theinvestigation of those offences would have been governed by the provisions ..... notes-it is the case for the prosecution that he accepted these notes as a gratification other than legal remuneration, in respect of an official act, and thereby committed an offence punishable? under section 161, penal code. the receipt of the notes is admitted by the applicant, but he says that they were received by him in ..... such facts as are relevant, are set out in the order of reference and need not be repeated.7. section 3, prevention of corruption act, 1947 (ii [2] of 1947), provides that:'3. an offence punishable under section 161 or section 165, penal code, shall be deemed to be a cognizable offence for the purposes of the code of criminal .....
Tag this Judgment!Court : Allahabad
Decided on : Mar-08-1949
Reported in : AIR1951All550
..... are, however, distinguishable because in both of them the claim had been entertained and decided.17. accordingly, i hold that in law no claim under section 11, encumbered estates act, was preferred or decided by the special judge. consequently, the appellants were not entitled to apply for the quashing of proceedings and the view taken ..... has contended that the question whether the claim was collusive or belated was wholly beyond the scope of the inquiry and that a claim under section 11, encumbered estates act, having been preferred and disposed of by the special judge, a fresh right accrued in favour of the landlords-applicants to get the proceedings ..... closed for the long vacation.4. then, on 3-7-1946, when the courts reopened after the vacation the landlords-applicants made another application, under section 20 of the act, praying for quashing of proceedings. the proceedings relating to liquidation of debts were pending at the time. the application was rejected by the special judge and .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-18-1949
Reported in : AIR1950All80
..... special provision allowing a revision application to the high court from certain decisions of subordinate revenue courts has had to be incorporated in the u. p. tenancy act (vide section 276). this contention too cannot, therefore, prevail.32. the next argument was that when any inferior court exercises a jurisdiction not vested in it the ..... the same day the opposite party also filed an application by which it was prayed that the permission granted to mr. mathur under section 15(2) of the act be revoked. mr. kailash chandra, acting under section 151, civil p. c., made an order revoking the permission.5. dissatisfied with this order, mr. mathur applied to the ..... determined under two enactments relating to the constitution of civil courts in the province: they are the bengal, assam and agra civil courts act and the oudh courts act. section 3 of the former act which occurs in chap. ii, headed 'constitution of civil courts' reads as follows :'there shall be the following classes of civil courts .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-26-1949
Reported in : AIR1950All241
..... the learned magistrate accepted the respondent's contention and acquitted him ; hence this appeal.4. we do not agree with the interpretation of section 12 of the act by the learned magistrate. section 12 is:'every employee of a shop or commercial establishment except a watchman or care-taker shall be allowed by the employer in each week ..... the respondent's failure to allow one day's holiday in a week to his employees amounted to a contravention of the provisions of section 12, u. p. shops and commercial establishments act (act xxii [22] of 1947). the defence of the accused was that he did not contravene these provisions in so far as his employees ..... magistrate was wrong in holding otherwise.11. we, therefore, allow the appeal, set aside the order of the learned magistrate and convict the respondent under section 12 of the act.12. there is the evidence on record that the respondent was repeatedly warned by the authorities in this respect and that the respondent disregarded those warnings, .....
Tag this Judgment!Court : Allahabad
Decided on : Nov-17-1949
Reported in : AIR1950All337
..... makes it penal for any person to purchase or sell cane in a reserved area in contravention of the provisions of sub-section (3) or sub-section (4) of section 18 of the act. sub-section (3) of section 18 of the act prohibits the purchase of cane grown in a reserved area without the permission of the provincial government, by the purchasing agency or ..... for which, the area was reserved.9. we are thus of the opinion that the prosecution has failed to prove the existence of a proper order contemplated by section 15 (l) of the act, reserving the area, from where the respondents are alleged to have purchased sugarcane, for the l. h. sugar factory and oil mills, pilibhit, and has ..... a specification of the factory for which that area is reserved. an order which does not contain these particulars cannot be regarded to be a proper order under section 15 of the act.6. it is the case for the prosecution that the area where the cane was grown, which is alleged to have been purchased by the respondents, .....
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