Court : Allahabad
Decided on : Aug-04-1949
Reported in : AIR1950All77
..... p-2 and p 9. under these circumstances, the entire case could not have been covered by merely framing a charge of abetment and a charge of conspiracy under section 120b against all the five opposite parties was properly framed.10. i would therefore, allow this revision and set aside the order of the assistant sessions judge, dated ..... of the jury is returned or the opinions of the assessors are expressed.5. the contention, on behalf of the opposite parties, is that the word 'alter' in section 227, empowers the assistant sessions judge even to withdraw a charge and that, even if such power is not there, the assistant sessions judge, in this, case, merely ..... observations were made by the court that it was not proper to frame a charge under section 120b in the circumstances of those cases. the reason for those observations appears to be this. in these cases, the conspiracy was to commit a single act. the persons concerned could have been charged with actual commission of the offence or with .....
Tag this Judgment!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 : Chennai
Decided on : Aug-04-1949
Reported in : (1949)2MLJ629
..... lands must be considered to be lands used solely '" for agricultural purposes " within the meaning of section 63 of the madras district municipalities act of 1884 as amended in 1897 which was then in force. the language of section 81(4) of the act is similar and applies to land used "exclusively for agricultural purposes ". if a piece of urban vacant ..... out other defences which are not now material. 2. the appellant urged two points before me (i) the assessment in this case was rightly made under section 81 (3) of the act, and (ii) even otherwise, it is not open to the civil court to decide on the propriety of the assessment in this case. lands which are ..... limits of the municipality. the defendants, here respondents, resist the claim on the grounds that they should have been assessed to property tax under section 81(4) of the act and not under section 81(3) and they should have been separately and individually assessed on the share of the property held by each of them. their contentions were .....
Tag this Judgment!Court : Mumbai
Decided on : Aug-04-1949
Reported in : AIR1950Bom20; 1950CriLJ267
..... . this view was followed in emperor v. parwari, is : air1919all276 by knox j. who held that statements made to the police as a result of action taken under section 154 or section 155, criminal p.c., are privileged statements, and as such, cannot be used as evidence or made the foundation of a charge of defamation. i am in respectful agreement ..... the charge wa3 struck off. it was held by scott-smith j. that the re-port to the police did not amount to a charge of a criminal offence under section 211, penal code, and in so deciding he followed the view of sundara aiyar j, in swaminatha thevan v. emperor, 14 i.c. 767 : 13 cri. l.j. ..... for any official investigation, of definitely alleging his belief in the guilt of a specified person, and his desire that the specified person be proceeded against in court, that act of his, whether verbal tit written, if made to an officer of the law authorized to initiate proceedings based upon the complainant's statement, whether amounting to an expression .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-05-1949
Reported in : AIR1950All87
..... debtor, but the question that has to be determined, is whether he is a debtor also within the meaning of the act. this word has not been defined in the act. although 'debt' has been defined in section 2(8) to include a pecuniary liability except a liability for unliquidated damages, the contention of the learned counsel for the ..... subject to some pecuniary liability is to be regarded or not to be regarded to be a debtor. section 4 of the act, however, is helpful in solving this problem. this section enables a landlord to apply for the benefits of the act, and divides landlords into two categories, the first category being of landlords who are subject to private ..... purchased by him was not liable for the payment of the debts of the applicants under the encumbered estates act. his claim was allowed in the year 1944. mohan lal then applied under section 9(5), encum-bered estates act, praying that the debt due to him be apportioned between the landlord applicants and gokaran singh, and that .....
Tag this Judgment!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 : Orissa
Decided on : Aug-08-1949
Reported in : AIR1951Ori291
..... is valid & binding since the reasonableness of the price is one that can be determined by the ct. if the parties themselves do not ultimately agree about it. under section 29, contract act, it is only agreements the meaning of which is not certain or is not capable of being made certain that are void. a contract to sell at a reasonable ..... to ct. on his own admission 'at the request of 'dr. patanaik'. it is obvious from this evidence that throughout the negotiations & the trial of i the suit he was acting according to the instructions of his father-in-law, d. w. 3. the learned dist. j's observation that d. w. 3 is a disinterested therefore leaves me unconvinced. the ..... price is one that can be made certain within the meaning of this section, that is by fixation of the price by the ct. on the standard of reasonableness in case .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-09-1949
Reported in : AIR1950All55
orderseth, j.1. this is a revision by the chief inspector of stamps under section 6b, court fees act. a suit was brought for maintenance by a widow (sic) under forma pauperis and no court-fee was paid. the defendant husband appealed to the lower appellate court. he paid ..... court-fee on the amount payable for one year to the plaintiff in accordance with the proviso to section 7(ii)(a). the stamp authorities objected to this amount ..... -fee payable in appeals arising out of such suits as distinct from the article providing for the payment of court-fees in the suit in such cases. there is, however, section 2(iv) according to which 'suit' includes a first or second appeal from a decree in a suit. applying the aforesaid definition of suit, if we substitute 'first appeal from .....
Tag this Judgment!Court : Rajasthan
Decided on : Aug-09-1949
Reported in : 1950CriLJ877
..... of the story.4. the applicants admittedly had been directed neither to attend nor to take part in any movement subversive of law and order under section 4, punjab public safety act. they in spite of this joined a procession, wherein slogans, with a view to creating public disturbance and inciting labourers to action were shouted. their ..... of bs, 200.2. the case of the prosecution was that the applicants had been served by the district magistrate with written notices under section i, punjab public safety act prohibiting them from attending or taking part in any labour meeting or in any movement subversive of law and order and that they inspite thereof attended ..... from the order of mr. d. n. roy, sessions judge, ajmer-marwara, ajmer, dated 3rd june 1949, in appeal maintain, ing their conviction under section 19, punjab public safety act (n [2] of 1947) as made applicable to the province of ajmer-merwara and reducing their sentences each to three months' rigorous imprisonment and a fine .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-09-1949
Reported in : AIR1950All60
..... claim possession accrues. this case, however, has no application to the present case which is not a suit of this description. it is an application under section 12, u. p. agriculturists relief act. under this section only an application for possession by redemption can be made. indeed this is the precise relief claimed in the application. the plaintiff-applicant having chosen to put ..... orderseth, j.1. this is an application in revision against an appellate order arising out of a case under section 12, u. p. agriculturists relief act. the court of first instance granted the application for redemption. the appellate court has agreed with the court of first instance on almost every point except on the question of .....
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