Court : Chennai
Decided on : Oct-14-1949
Reported in : AIR1950Mad355
..... purchaser and the intermediate holders or owners who have taken by inheritance. it would defeat the whole scheme of the limitation act to hold that adverse possession against the predecessors of an owner taking by inheritance was of no avail against such owner unless it could be shown that the owner ..... powers in the other case can make no difference. in both cases it seems to me that for the purposes of the definition of plaintiff in the limitation act, which is intended to include predecessors-in-title of whom the successor is the representative, the heir must be considered to derive his title from and through the ..... the case of mahants a succeeding mahant is not bound by alienations created by a previous mahant and that the period of limitation is governed by article 144, limitation act. it is stated that one mahant does not succeed another and any alienation by a particular mahant cannot enure beyond his lifetime. the learned judges in rajah of .....
Tag this Judgment!Court : Rajasthan
Decided on : Oct-17-1949
Reported in : AIR1950Raj8
..... , on the facts, there was no justification for such an order, even if the trial magistrate was authorized by the law to make such an interim order in proceedings under section 147, criminal p. c. the other ground mentioned by the learned district magistrate is also correct. in my opinion, he is quite right in saying that a magistrate, in whose ..... the district magistrate of nagaur that an order passed by a magistrate of parbatsar on 25th october 1943 be set aside.2. kama, sukha and jetha filed an application under section 147, criminal p. c., in the court of the magistrate in question on 18 th september 1948 and alleged that they had a right of way across the field of ..... , criminal p. c., are pending is not authorized by the law to pass such an order. the second proviso to sub-section (4) of section 145 of the code, on which the trial magistrate relied, does not authorize such an order.6. for the reasons stated above, i accept the reference and set aside the .....
Tag this Judgment!Court : Orissa
Decided on : Oct-18-1949
Reported in : AIR1950Ori99
..... matter of lister's hospital (1855) 43 e. r. 1202 : (6 de. g. m. & g. 184).17. the object of section 92 of the code, and the sections like section 73, madras act and section 54 of the act which later took its place in the statute books of the provinces is almost similar or rather the same i would say.18. in ..... the following manner : (1) (a) a 'trustee,' whether hereditary or not, of a religious endowment, is not 'a person having interest' within the meaning of sub-section (1) of section 54 of the act; (b) does not arise. even if it arises, i would answer it in the negative ; (a) my answer would be in the negative and (3) does ..... and from ejecting him from the schoolhouse. the question raised by the action was whether the managers had been properly appointed. the plaintiff had not obtained, under section 17, charitable trusts act, 1853, the leave of the charity commissioners to bring the action. bowen and fry l. jj., held :'although the action might incidentally involve the consideration of .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-18-1949
Reported in : AIR1950All232
..... support of the contention that the u. p. gur control movement order, 1946, is ultra vires the provincial legislature, it is urged that under section 297, government of india act, no provincial legislature or government has power to pass any law or take any executive action prohibiting or restricting the entry into or export from, the ..... the exercise of the powers conferred upon it under the provincial legislative list, namely, list 2 of schedule 7 to the government of india act, then and then alone does section 297 come into play and prevents the provincial legislature or government from prohibiting or restricting the entry into or export from the province of ..... accused were convicted for transporting match boxes from a place in the united provinces to a place outside the united provinces and thus contravening section 7, u. p. control of supplies (temporary powers) act, act ii [2] of 1947. it was observed in that case that any order kept in force by the united provinces control of supplies .....
Tag this Judgment!Court : Chennai
Decided on : Oct-19-1949
Reported in : AIR1950Mad266
..... there is lack of bona fides on the part of the government in resorting to the provisions of the act when the petitioner could have been, if the case for the government were true, prosecuted under section 5, explosive substances act, 1908 (act vi [6] of 1908). 10. after anxious consideration, i am of opinion that the view of ..... horwill j. on the two points is correct. i had occasion to consider the object of the provisions of the madras maintenance of the public order act, 1947, requiring the government ..... i also agree with horwill j. that the fact that the government had abandoned the intention of prosecuting the case initiated against the petitioner under the explosive substances act is undoubted proof that the government did not believe in the truth of the allegation now made. if the government were really serious in the charge .....
Tag this Judgment!Court : Rajasthan
Decided on : Oct-19-1949
Reported in : AIR1950Raj4
..... by the lower court. the former gives 6 years limitation from the date of cause of action which in this case is said to be kartik sad 13 section 1996. 3. in order to appreciate the arguments, the consideration of the two articles, and article 48, which is connected with succeeding article, is necessary. ..... articles 48, 49 and 65, marwar limitation act, 1927, are as follows :article no.description of suits.period of limition.time from which period begine to run.48for specific movable property lost or acquired by theft ..... amount to wrongful detention of the same within the meaning of article 19, and that wrongful detention should involve some sort of conversion or dishonest intention in the act. this argument confuses article 49 with article 48. where dishonest, misappropriation or conversion is involved, article 48 is applicable in which a different starting point of .....
Tag this Judgment!Court : Rajasthan
Decided on : Oct-20-1949
Reported in : AIR1950Raj5
..... may 1948 at about 4.15 p. m. for her confession being recorded. the confession was actually recorded on lath may 1948. ultimately the accused was challaned under section 802, m. p. 0. and committed to the sessions court to take her trial. the confession was retracted by her both in the court of the committing magistrate ..... the committing magistrate and later on also in the court of the learned sessions judge. accordingly, it is a rule of prudence that this confession should not be acted upon unless it is corroborated in material particulars. material particulars obviously mean those which are mentioned in the confession itself and also connect the accused with the offence. ..... corroborative evidence need not be insisted upon, the court must find that the evidence given by him in the committing magistrate's court was true and that it can act upon it in preference to the one given in the sessions court. this principle of law is substantially in accord with the one enunciated in narain v. sarkar .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-23-1949
Reported in : AIR1950All258
..... to which i have already referred, a. l. smith l. j., says that to constitute an invented word,, within the meaning of the section, it must be a word coined for the first time. 'such a word', he says, 'is of necessity incapable of having reference to ..... 66 l. j. ch. 763), lord halsbury l. c. remarked :'the proposition of law is one which has been accepted by the highest judicial authority and acted upon for a great number of years. it is that of turner l. j. who says in burgess v. burgess, (1853) 22 l. j. ch ..... of the trade-mark simply because the name tonic phosphotone had not been registered by it as a trade mark under the trade marks act of 1940.27. the essence of a 'passing off action' is in reality an attempt by the defendant to pass off its ..... .7. it cannot be denied as a proposition of law that if the plaintiff had got his trade-mark registered under the aforesaid act, he was the only person entitled to use it against the whole world and that if anybody imitated that mark he made himself .....
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 : Chennai
Decided on : Oct-26-1949
Reported in : AIR1950Mad320
..... succeeded in the court below.2. it is argued for the appellant that the mother does not satisfy the definition of 'guardian' in section 4, sub-section (2), guardians and wards act and that her petition under section 25 of the act is not therefore maintainable. the point made is that she is not a person in truth and in fact having the care of ..... argued next that a de jure guardian not proved at one time to have had the physical care or custody of the girl, is not entitled to apply under section 25 of the act complaining of removal and asking for return of the ward to the applicant's custody. there again the same ruling is in point and adverse to the appellant ..... deliver the child to its natural guardian when asked to do so by the latter amounts in effect to a removal from his custody and be can therefore apply under section 25 of the act.4. it is lastly argued that although the welfare of the child is the paramount factor for the consideration of the court as made clear by .....
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