Court : Kerala
Decided on : Oct-10-1949
Reported in : AIR1950Ker14; 1950CriLJ658
..... that they will not follow and with the belief that the actor has taken sufficient precautions to prevent the happening of such consequences. similarly culpable negligence is acting without the consciousness that dangerous consequences will follow, but in circumstances which show that the actor has not exercised the caution that was incumbent on him. ..... , the learned judge of the court below held that the accused driving as he did as such speed in dangerous proximity to the moving pedestrain was acting both rashly and negligently with fatal consequences to sridbaran pillai. sridharan pillai was aocording to the jude frightened by the car with bright headlights coming towards ..... human life and of having oaused the death of sridharan pillai by his rash and negligent act of driving. these ar& offences falling under s3.377 and 304, travancore penal code. the appellant was found guilty under both the sections and he was sentenced to undergo rigorous imprisonment for six months and to pay a fine .....
Tag this Judgment!Court : Chennai
Decided on : Oct-11-1949
Reported in : AIR1950Mad492
..... for the same reason, appeal against an adverse order under section 8(2) of that act (section 75 of act v (5) of 1920) is, we think, erroneous and must be overruled. if there is a flagrant case of a sale by the receiver ..... v. official assignee madras : air1926mad556 in so far as it laid down that the insolvent could, in no circumstances, apply to the court under section 86, presidency towns insolvency act (section 68 of the act v (5) of 1920) to set aside a sale by the official assignee because he had no legal interest in the estate and could not, ..... parry j. and adopted by the court of appeal : 'on the wife being adjudicated bankrupt, all her property passed to and vested in the official receiver under section 58, bankruptcy act, 1914. thereafter only the trustee could deal with the property; only he could effectively complain against the mortgagee; only he could settle accounts with the mortgagee. the .....
Tag this Judgment!Court : Chennai
Decided on : Oct-11-1949
Reported in : AIR1950Mad369
..... the minor agraharamdar.4. the question for decision is whether this item of 7 acres 33 cents would come under the definition of 'estate' as defined in section 8(2)(d), madras estates land act. section 3 (2) (d) includes in the word 'estate,' any inam village of which the grant has been made, confirmed or recognised by the british government, notwithstanding that ..... of the inam village of sankarshanapuram. i am therefore of opinion that the suit properties are not properties which come under the definition of an inam in section 3 (2) (d), madras estates land act. it is pointed out, and it is also referred to in the judgment of the lower appellate court, that an unreported decision of this court in ..... judges whose decisions i have cited before. it seems to be in consonance with the language and the meaning of an inam village included an 'estate' as de fined in section 3 (2) (d), madras estates land act. in the result the revision petitions are dismiss ed with costs--one advocate's fee.
Tag this Judgment!Court : Punjab and Haryana
Decided on : Oct-11-1949
Reported in : AIR1950P& H159; 1950CriLJ747
Kapur, J.1. This is an appeal by Amru, aged 18, who has been convicted and sentenced to transportation for life by the Additional Sessions Judge, Jullundur.2. On 23rd June 1944, at about sunset, Amru convict and Ratan Singh attacked the deceased Bhola near the shops of Chhaju and Bebari, who are prosecution witnesses in this case, using a kirpan and a barchha. Bhola had as many as 24 injuries and according to the doctor he must have died almost instantaneously. The first) information report was lodged by Sucheta a bro- ther of the deceased, on the same day at about 11-30 p. M. Ratan 8ingh was arrested but Amru absconded. Ratan Singh was tried and sentenced to death and that sentence was confirmed by the High Court at Lahore. Amru was arrested later on and he was put up for trial before the learned Additional Sessions Judge of Jullundur and was convicted as I have said before and sentenced to transportation for life.3. The motive for the crime is stated to be the gift by a widow Mahan K...
Tag this Judgment!Court : Chennai
Decided on : Oct-12-1949
Reported in : AIR1950Mad410
..... of this nature in mrs. evelyn popaly v. official assignee, madras, : air1936bom321 , and held that the proviso was not a bar, as sub-section (5) of section 36 of the act related only to property admittedly belonging to the insolvent and not to property, the ownership of which was in dispute, and that therefore the matter was ..... shows that the parties did not agree for trial of the dispute in the insolvency jurisdiction which must necessarily refer to a trial winder section 7, as under section 36 of the act even by agreement of parties an adjudication of a disputed claim is not possible two questions were raised before the full bench. one was ..... the pull bench in official assignee, madras v. narasimha mudaliar : air1929mad705 , that the present applications do not he the respondent having been examined under section 36, presidency towns insolvency act and that suits must be filed. this objection seems to me to be based on a misunderstanding of the observations in the case referred to. when .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-12-1949
Reported in : AIR1950All244
..... revenue has not been divided as between the various numbers, but that circumstance is wholly immaterial in view of she definition of 'imperfect partition' already quoted from section 106, land revenue act. in an 'imperfect', partition all the co-sharers of the mahal remain jointly responsible for the payment of the entire land revenue. what we have to ..... the plaintiffs should have been held to have had preferential right as against the vendee. i am of opinion that this contention is sound.5. section 12 of the agra pre-emption act runs as follows:'(1) persons of the following classes shall be successively entitled to exercise the right of pre-emption;. class 1--where the interest ..... the mahal. the words 'sub-divisions' or divisions of a mahal have not been defined in the pre-emption act, nor have they been defined in the land revenue act. the word 'division' is used in section 106, land revenue act, where 'partition' is defined as follows:'partition means the division of a mahal or a part of a .....
Tag this Judgment!Court : Chennai
Decided on : Oct-13-1949
Reported in : AIR1950Mad387
..... that have been argued relate to the jurisdiction of the civil court to entertain the suit for ejectment and rent. even if my interpretation of section 8, sub-section (5) of the act is erroneous, it is argued by the appellant that the suit for ejectment and rent would lie only in a civil court. the contention is ..... demudu v. papayyaraju : air1944mad136 has been relied upon by mr. reddi pantulu the learned advocate for the respondent. with reference to the interpretation of section 8, sub-section (5) of the act, the learned judge observed as follows:'there seems to me no doubt when the legislature spoke of the tenant acquiring occupancy right during the period between ..... the arguments in this court proceeded on the basis of their correctness.2. mr. dhikshitulu, the learned counsel for the appellant, argued that section 8 (5), madras estates land act (hereinafter called the act) as amended in 1936 on which the claim of the laud, holder for eviction was based does not apply to the present case. .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-13-1949
Reported in : AIR1950All291
..... to round up the figure of rs. 38,118. on what principle this amount of rs. 1882 was estimated it is difficult to find. the assessment was under section 23 (3), income-tax act, and if there were no materials on which the tribunal could come to a definite finding as regards those four contracts which were said to have been sub ..... .8. we find it very difficult to understand the meaning of the second question which is as follows: (2) whether on the findings of fact assessment was correctly made under section 23 (3) 9. no such question seems to have been discussed by the tribunal in its appellate order and we do not see how this question arises and we do ..... not just add a sum of rs. 1882 to have a nice round figure of rs. 40,000 instead of rs. 38,118.6. the questions referred to us under section 66 (1) are as follows:'(1) whether on the findings arrived at by the tribunal, there was any justification for making a token addition of rs. 1882 to the accounted .....
Tag this Judgment!Court : Chennai
Decided on : Oct-14-1949
Reported in : AIR1950Mad358
..... question whether the sales were really void and not merely voidable. in my view such sales in disregard of the absolute provisions of any of the sections of the estates land act apart from cases where there is no jurisdiction at all to sell, relate only to illegalities which make the sale voidable and in such cases the ..... an earlier decision of a single judge in kadirvelu ambalam v. alagappa ambalam : air1934mad725 that where the sale officer has not done things referred to in section 117, estates land act, the sale would be unlawful or illegal although it was a superior officer who actually fixed the terms of the proclamation and the other relevant matters. consequent ..... contention. 5. i shall now proceed to deal with the two questions raised and pressed before me. it is now settled law that proper notice under section 112, madras estates land act, is a condition precedent for creating jurisdiction in the collector to sell a ryot's holding under chap. vi. where there has been no such notice .....
Tag this Judgment!Court : Kerala
Decided on : Oct-14-1949
Reported in : AIR1950Ker83; 1950CriLJ1536
..... newspaper called the malayans questioning the legality of an order passed by government whereby the license granted to the said newspaper wan cancelled. the notice given under section 6 of tha act indicated fourteen different articles of several dates, which were said to be seditious and lively (i) to excite disaffection against, and to bring into hatred ..... information, of(iv) publishes matter whioh is obscene in character2. it was pointed out by the learned counsel for the petitioner that tbe notice issued under section 5, travanoore newspapers act, was insufiioieafc in law and that the order of forfeiture was void and liable to bs revoked for that reason. according to him, it was ..... words, signs etc, which are or are not in fact of the nature described in the several clauses of the section. section 15 of the act further provides that no order passed or action taken under the act shall be called in question in any court otherwise than in accordance with the provisions of that aat and the .....
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