Court : Mumbai
Decided on : Sep-30-1949
Reported in : AIR1950Bom243; (1950)52BOMLR236
..... functions of a collector under this act. section 4 of the act provides for the publication of a preliminary notification if the local government is of opinion that any land is needed for any public purpose. it also ..... . in order to determine whether the government has any locus standi in these proceedings, it is necessary to consider the provisions of the land acquisition act. under section 3(c) of that act the expression 'collector' has been defined as meaning the collector of a district and any officer specially appointed by the local government to perform the ..... at the rate of 4 percent per annum. all these provisions to my mind make it abundantly clear that after the government has made a declaration under section 6 of the act, they drop out of the proceedings completely and it is only the collector who is entitle to appear on the reference.3. mr. banaji on .....
Tag this Judgment!Court : Mumbai
Decided on : Oct-04-1949
Reported in : AIR1950Bom289; (1950)52BOMLR301
..... urged by mr. desai for the plaintiffs, that the bequests to sisters were of present rights, the enjoyment of which was postponed till the death of the widow. section 119, succession act, provides that:'where by the terms of a bequest the legatee is not entitled to immediate possession of the thing bequeathed, a right to receive it at the proper ..... time and without having received the legacy, and in such cases the legacy is from the testator's death said to be vested in interest.'the explanation to this section states that:'an intention that a legacy to any person shall not become vested in interest in him is not to be inferred merely from a provision whereby the payment ..... in terms apply to the present case because the will was made in 1895, but the principle of this section has always been recognised by hindu law, see note no. 10 to section 19 in sir dinshah mulla's transfer of property act, 1949 edition. the principle was applied by the privy council in a case decided under the hindu law as .....
Tag this Judgment!Court : Kerala
Decided on : Oct-04-1949
Reported in : AIR1950Ker20; 1950CriLJ833
..... code against these accused are hereby set aside. they are, however, convicted of the offence of causing hurt to mahammad shah, ali khan and p.w,5, under section 824, travancore penal code, and each of them is sentenced to undergo rigorous imprisonment for three years. the sentences will run concurrently. the criminal appeals (criminal appeals nos ..... the murders were committed as a result of premeditation and design, the assailants could well have armed themselves with sharp and deadly weapons and could have easily accomplished their act without danger to themselves. in the present case, however, even before they started the fight, two in the party of the assailants so-called, were injured ..... from pursuing any sort of agitation against the manner in which the estate was being managed by p.w. 3i. if therefore the accused had a motive to act in the manner they did towards the punjabi watchers, the manage, ment had also the motive to include among the accused all those who were engaged in .....
Tag this Judgment!Court : Rajasthan
Decided on : Oct-05-1949
Reported in : AIR1950Raj16
..... to determine whether the confession is admissible. the admissibility depends upon the confession having been made without any inducement, threat or promise referred to in section 24, evidence act. the mere fact that a confession has been retracted does not by itself show that it was not voluntary but was made in consequence of some ..... to prove their alibi but the learned sessions judge rejected this evidence as worthless and, relying upon the prosecution evidence, convicted and sentenced the accused both under sections 302 and 394, penal code as mentioned above.4. the accused being unrepresented mr. mool chand, who had conducted their case in the sessions court, ..... the confessions of ramla and moolia and on 17th september 1946 the confession of balia was recorded by him. ultimately all the three accused were challaned under section 302, penal code, in the court of first class magistrate, jetaran and later committed by him to sessions court. the accused denied having committed the offence .....
Tag this Judgment!Court : Mumbai
Decided on : Oct-05-1949
Reported in : AIR1950Bom321; (1950)52BOMLR349
..... thereby and in clause 2 that the application for an order for possession by such a person even though he had not obtained possession is itself an act of trespass. section 47 shows that a suit for compensation for such trespass is to be filed in the high court; it also provides how proceedings in the small cause ..... such order, entitled to the possession of such property. therefore, in spite of an applicant being successful in getting an order for possession of the property under section 43 of the act, it is fully open to the occupant if he deems himself aggrieved by that order, to file a suit and satisfy the court that the applicant was ..... the opponent continued to remain in occupation, and thereupon the trustees filed an application in the small cause court, being application no. 11080 of 1948, under section 41, small cause courts act, slating that the opponent was in occupation purely by leave and license, and that the license had been revoked both by the undertaking he had given and .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-06-1949
Reported in : AIR1950All234
..... convicted as the 'owner' of the vehicle, and that, therefore, r.k. bajpai was entitled to be ac-quitted of the charge under section 123 or under section 112 of the act.6. section 23, motor vehicles act, provides :'no parson shall drive any motor vehicle and no owner of a motor vehicle shall cause or permit the vehicle to be driven in ..... a fitness certificate on the date on which it was being plied, it could not be considered to be a duly registered vehicle within the meaning of section 22 of the act.7. section 42 provides:'no owner of a transport vehicle shall use or permit the use of the vehicle in any public place, save in accordance with the ..... motor vehicle, and r.k. bajpai, the manager of the shankar sugar mills ltd., captainganj, deoria, be altered from one under section 123, motor vehicles act, act iv [4] of 1939, to one under section 112 of the said act, and the fines imposed upon the applicants by a first class magistrate of gorakhpur be reduced.2. the facts which have given .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-07-1949
Reported in : AIR1950All196
..... the benares hindu university is the universal legatee and would, therefore, be entitled to a grant of letters of administration under section 232, succession act, unless debarred by section 386 of the act.7. section 236 of the act is as follows : 'letters of administration cannot be granted to any person who is a minor or is of unsound ..... opinion that the benares hindu university as the universal legatee was entitled to the grant of letters of administration with a copy of the will annexed. section 236, succession act is, to our minds, no bar to the grant of letters of administration as the benares hindu university is neither an association of individuals; ..... application for letters of administration was dismissed by the learned single judge on the ground that the benares hindu university was an association of individuals and section 236, succession act, therefore, was a bar to the grant of letters of administration to the benares hindu university. the learned judge was also of the opinion .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-10-1949
Reported in : AIR1950All227; [1950]18ITR95(All)
..... it under some usage. but whatever might have been the position before, now the position has been perfectly clarified by the amount having been fixed under section 4, sub-section (3), clause (e), muslim waqfs act as the pay of the mutawalli. under that clause the commissioner of waqfs is required to fix the pay of the mutawalli of each waqf if the ..... malik, c.j.1. this is a reference under section 66 (1), income-tax act by the income-tax appellate tribunal, allahabad.2. there is an ancient waqf in gorakhpur, known as the imambara waqf. the history of the waqf has been briefly set out ..... waqf is not exempt under section 2. section 2 relates to waqfs, which are known as private waqfs. in this case learned counsel for the assessee has given us the fact .....
Tag this Judgment!Court : Chennai
Decided on : Oct-10-1949
Reported in : AIR1950Mad243
..... , king-emperor v. benoari lal sarma .'the second objection has attracted more support, but is, in their lordships' opinion, equally unfounded. it is undoubtedly true that the governor-general acting under section 72 of schedule 9 must himself discharge the duty of legislation there cast on him, and cannot transfer it to other authorities. but the governor-general has not delegated his ..... legislative power which might be justified by the decisions of the judicial committee in empress v. burah, 4 cal 172: 5 i. a. 178 p. c., hodge v. the queen, (1884) 9 a. c. 117: 53 l.j. p. c. 1 and powell v. apollo candle co., (1885) 10 a. c. 282 : 54 l. j. p. c. 7. the test laid ..... be found in the case of the queen v. burah, 4 cal. 172 : 3 a. c. 889: 5 i. a. 178, lately before this board.'in hodge v. the queen, (1884) 9 a. c. 117 : 53 l.j. p. c. 1, the power of a local legislature to entrust to a board of commissioners under the liquor license .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-10-1949
Reported in : AIR1950All312
..... has not been closed.' 8. i have also been referred to the report of the select committee in connection with the criminal procedure code amendment act, 1982, (xxi of 1932) by which sub-section (8) of section 526, criminal p. c., was amended. in that report the committee observed :'we think that provision should be made for compulsory adjournment ..... before the arguments begin' but have reference to the stage when the defence evidence has been concluded. however, whatever interpretation may be given to sub-section (8) of section 526, criminal p. c., it would be quite unreasonable for anyone to suspect that the action of the learned magistrate in not adjourning the case on ..... disposed of, however, indicates that he had no desire to prejudice him in any way.7. the question whether an application for adjournment under sub-section (8) of section 526, criminal p. c., is entertainable after the defence witnesses have been examined and before the close of the arguments was considered in a patna case .....
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