Court : Chennai
Decided on : Jul-08-1949
Reported in : AIR1950Mad39
..... revenue for land included in her patta but which she did not own. in such circumstances the question is whether she is entitled to a charge under section 100, t. p. act and article 132, limitation act. in rajah of vizianagaram v. raja s. soma-sekhararaj, 26 mad. 686 a full bench of this court has held that where one of two or ..... a salvage lien or on the basis that the plaintiff and the defendants, being co-owners of this property, plaintiff is entitled to get a charge under article 132, limitation act. it is admitted--and there can be no question about it -- that during the time the plaintiff paid the revenue, the property in question was included in her patta. on .....
Tag this Judgment!Court : Chennai
Decided on : Jul-08-1949
Reported in : AIR1950Mad158
..... such letting is relevant and admissible evidence of its character as private land and other evidence to prove its character as private land is also admissible. see section 185 of act of 1908. there has been a difference of opinion in this court as to whether leases subsequent to 1898 are admissible to prove letting as private land ..... has cultivated himself and intends to retain as resumable for cultivation by himself even when from time to time he demises it for a season. under section 3 (10) (a), madras estates land act 'private land' means lands styled as sir, kambattam, or pannai and also includes, by an extended application, land that had been cultivated by the ..... should be proved to have been cultivated by the land owner himself or his hired labourer within recent times. it is re-cognised by sections 19 and 185, madras estates land act that private lands could be leased without impairing their character as private lands. the relations between the lessor and lessee of private lands are .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jul-08-1949
Reported in : AIR1949P& H372
..... -fee and jurisdiction?'3. the learned judge relied on a correction slip which relates to the manner of determining the value of the suit for the purpose specified in section 9, suits valuation act and which is in the following words:suits, in which the plaintiff in the plaint seeks to recover the amount, which may be found due to the plaintiff ..... this order and i have heard mr. m.l. sethi for the respondent in this case. he first urges that no revision lies against the order and relies upon section 12, court-fees act. i am unable to agree with his submission on this point. an issue was framed with regard to the value for the purpose of court-fee. a decision ..... learned judge found what the value for purposes of jurisdiction and court-fee was. if in coming to that decision the learned judge has committed an irregularity which comes within section 115, civil p.c., i think a revisional court will be justified in interfering at this stage.5. in my opinion, if i may say with great respect, the .....
Tag this Judgment!Court : Himachal Pradesh
Decided on : Jul-11-1949
Reported in : 1950CriLJ160
..... the circumstances and the conduct of the accused pointed out to her knowledge of the exact spot where the ornaments were. such conduct was held to be admissible under section 8. evidence act, following the allahabad full bench ruling in misri v. emperor, 81 all. 692 : 10 cri. l.. j. 212 p. b., discussed above. but ..... and the aroused. the latter proceeding in the court of the magistrate, sanjauli, was between koti dar-bar and the respondent. he referred to the proviso to section 33, evidence act; secondly, the statements recorded by the court of second class magistrate, simla, cannot be transferred in the court of the magistrate, sanjauli, because the former court ..... the last two being police officers, one of simla and the other of sanjauli. the other part consisted of the evidence transferred to the record under section 33, evidence act on the ground, as stated by the investigating officer, sahib singly that the witnesses could not be found or whose presence could not be obtained without .....
Tag this Judgment!Court : Chennai
Decided on : Jul-12-1949
Reported in : AIR1950Mad25
..... dismissed on 16th august 1944 and respondent l was directed to obtain relief from the rent controller. on 9th december 1946, after the madras buildings (lease and rent control) act of 1946 came into force, an application was filed by respondent l against the three erstwhile partners for eviction. the main grounds on which eviction was sought were, (i) ..... proved that the petitioner before us was carrying on a new business with other partners and even so, such business commenced long before 1st october 1946 when the present act came into force. on appeal, the third judge of the court of small causes reversed the decision of the rent controller and directed eviction of all the three ..... firm, one of the partners was allowed to wind up the affairs of the partnership and thereafter was allowed to use the premises for his sole business. this act on the part of the two partners other than the petitioner cannot amount to a transfer or sub-letting of the premises to the petitioner. it is true that .....
Tag this Judgment!Court : Chennai
Decided on : Jul-13-1949
Reported in : AIR1950Mad27
..... or comments on published news or any matter described in sub-section (1) of section 4 of the act without obtaining the necessary permission of the magistrate under section 16. sub-section (1) (d) of section 4 does not mention anything about the intention or motive in publishing such words etc., but ..... evidence on record may be inadequate to convict the appellant. but the matter before me now is different. in my opinion, in prosecutions under section 18, press (emergency powers) act, the prosecution need only prove that a document other than a newspaper has been intentionally made and published and that it contains either published news ..... the document in question was not a newspaper and did not contain public news or comments on public news but contained matters covered by section 4 (1) (d), press (emergency powers) act, that is, matters which tend directly or indirectly to bring into hatred or contempt his majesty or the government established by jaw in .....
Tag this Judgment!Court : Chennai
Decided on : Jul-13-1949
Reported in : AIR1950Mad95
..... poromboke on the one hand and communal poromboke such as burning grounds, threshing floors and the like on the other, or with the tenor of section 3, sub-section (16), madras estates land act which from the definition of 'ryoti land' separately excludes beds and bunds of tanks and of supply, drainage surplus or irrigation channels, in clause ..... the first contention of the learned government pleader must accordingly be repelled. 5. the learned government pleader's second contention that the suit is barred by section 189, madras estates land act might, at first sight, seem sound; but must, in my opinion, go the same way as the first. the principles in the light of which ..... made to him by defendant 1 after its conversion into ryotwari land as the result of an order of the district collector of tanjore under section 20a, madras estates land act dated 31st july 1944 which held that the street was one which had existed from before the permanent settlement, that the reversionary right to it .....
Tag this Judgment!Court : Chennai
Decided on : Jul-13-1949
Reported in : (1949)2MLJ454
..... the language of lord thankerton in the privy council decision just referred to and the plaintiff would not stand confronted with any effective bar in his way under section 189 of the act.6. the third and last contention on behalf of the government has in my judgment even less of merits than the other two. in the first place ..... channel poramboke on the one hand and commual poramboke such as burning grounds, threshing floors and the like on the other, or with the tenor of section 3, sub-section (16) of the madras estates land act which from the definition of 'ryoti land ' separately excludes beds and bunds of tanks and of supply, drainage surplus or irrigation channels in clause (a ..... high court in c.r. p. no. 1506 of 1942 which related to another plot in the suit village and in respect of which an order under section 20-a of the act similar to the one in the present case was passed by the district collector and upheld in appeal by the district judge. the learned district munsiff dismissed .....
Tag this Judgment!Court : Mumbai
Decided on : Jul-14-1949
Reported in : AIR1950Bom227; (1950)52BOMLR138
..... on their lands having no compound wall, rule 85, bombay land revenue rules, 1921, can have no operation and therefore the only governing statutory provision was contained in section 48, sub-sections (1) and (2), bombay land revenue code, 1879, under which the liability of the occupant must be limited to the area actually built upon.6. the ..... actually built upon is liable for non-agricultural assessment seems to be unjustified on the words of section 48, land revenue code. sub-section (1) of section 48, land revenue code, provides :'the land revenue leviable on any land under the provisions of the act shall be assessed, or shall be deemed to 'have been assessed, as the case may be ..... , with reference to the use of land (a) for the purpose of agriculture, (b) for the purpose of building, and (c) for a purpose other than agriculture or building.'now this section imposes a liability and .....
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 .....
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