Court : Chennai
Decided on : Mar-14-1949
Reported in : (1949)2MLJ171
..... a de jure trustee of a public religious endowment can be removed only for misconduct and that only in a suit instituted with the sanction prescribed by section 92, civil procedure code or section 73 of madras act ii of 1927. where, however, there is-only, a de facto trustee functioning as such, it is open to persons interested in the trust to ..... with a view to protect the interests of religious endowments as well as the rights of persons dealing with shebaits or managers, the indian legislature has amended section 10 of the limitation act by providing that managers of property comprised in a hindu religious endowment are deemed to be express, trustees thereof and has also enacted article 134-a to ..... of the trust. i do not think that a trustee de son tort in relation to the trust property can be regarded as a constructive trustee under section 94 of the trusts act. in this country, the position of a person, who, in england, would be described as a trustee de son tort is that of an express .....
Tag this Judgment!Court : Chennai
Decided on : Mar-16-1949
Reported in : (1949)1MLJ658
..... same bench had occasion to refer to that decision in papammal v. ramaswami chettar : air1942mad726 , where the learned judges pointed out the difference between the requirements of section 19 of madras act iv of 1938 and the requirements to be proved in a suit itself where the debt had to be scaled down in accordance with the provisions of the ..... was embodied in palani goundan v. peria goundan : air1941mad158 , should be taken merely as obiter dicta. it is a clear pronouncement of what were the requirements of section 19 of the act. as i have already said, i agree with the courts below in holding that the fifth defendant had no saleable interest on 29th may, 1944, the date ..... of her application under section 19 of the act.6. independently of the fifth defendant's right to have the debt scaled down is the other question, put forward for the first time during arguments in .....
Tag this Judgment!Court : Kolkata
Decided on : Mar-16-1949
Reported in : AIR1950Cal333
..... , make any separate assessment of extra compensation on this ground, as i do not consider the justice of the case so requires under para. 3 of section 19, specifics relief act.34. accordingly i answer issue no. 6 in the affirmative and i award and assess compensation at the rate of rs. 150 per mouth from 26th ..... end of june 1946. i, therefore, would have awarded compensation to the plaintiffs for the loss as contemplated in the statutory illustration of para. 3 of section 19, specific relief act, from 1st july 1946 but i find that the purchasers solicitors approved title by sending draft conveyance only on 18th april 1947. in my opinion the proper ..... bahadur soshi bhusan dey under the agreement for sale and not the other two plaintiffs. this objection i consider to be completely without substance under section 55(1)(f), transfer of property act, which provides that the seller shall give possession to the buyer 'or such other person as he directs'. besides by letters dated 4th may 1947 .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-17-1949
Reported in : (1949)51BOMLR964
..... proving that this was a commercial loan.13. there remains the further question of whether the mortgage suit in the present case is a suit to which the act applies within section 86 of the act. section 2(22) defines such a suit as being a suit or proceeding instituted or filed on or after january 1, 1930, or pending on that date. ..... objection on the principle laid down by this board in rajah amir hussan khan v. sheo baksh singh (1884) i.r. 11 i.a. 237 and balakrishna udayar v. vasudeva aiyar and now firmly established, that a subordinate court does not act illegally or with material irregularity because it decides wrongly a matter within its competence. a court has jurisdiction ..... ) or sub-section. (6) of section 115 of the code, and sub-section (c) of the section can be ignored.babu ram v. munna lal i.l.r. (1927) all. 454 and hari bhikaji v. naro vishvanath i.l.r. (1885) bom. 432 disapproved.rajah amir hussan khan v. sheo baksh singh (1884) l.r. 11 indap 237 and balakrishna udayar v. vusudeea .....
Tag this Judgment!Court : Privy Council
Decided on : Mar-17-1949
Reported in : AIR1949PC239
..... that this was a commercial loan. 13. then remains the further question of whether the mortgage suit in the present case is a suit to which the act applies within s. 36 of the act. section 2(22) defines such a suit as being a suit or proceeding instituted or filed on or after 1st january 1939, or pending on that date. the ..... of the limits specified in cls. 1 and 2 of s. 30. for the purposes of this appeal it is not necessary to consider these powers in detail. section 40 (5) of the act provides that in any suit or proceeding the burden of proving that a loan is a commercial loan shall be on the money-lender who advanced the loan ..... in the court of the subordinate judge at burdwan asking for relief under ss. 30 and 36 of the act. [7] the act was passed on 1st august 1940, and the following provisions of it are relevant to this appeal: "section 2. in this act, unless there is anything repugnant in the subject or context - (4) 'commercial loan' means a loan advanced to any .....
Tag this Judgment!Court : Chennai
Decided on : Mar-18-1949
Reported in : AIR1950Mad197
..... phillips and kumaraswami sastri jj. have held that a sale in a revenue court passes the property to the purchaser free of encumbrances except those specified in section 125, madras estates land act. therefore, it is apparent that if the appellant is allowed to bring the holding to sale in a revenue court, he will get an undoubted advantage ..... the three bench rulings and the single judge's ruling referred to above.5. mr. subramania pillai contends that, in view of the amendment to sections 125 and 127, madras estates land act, the views expressed in those four rulings have become obsolete and that now the appellant will be free to bring the holding to sale in the ..... revenue court and realise his decree dues. i cannot agree. as already stated, the amendments of section 128 and 127 have only emphasised the benefit accruing .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-18-1949
Reported in : (1949)51BOMLR675
..... statute. but as i read the judgment of the privy council, it is not on the construction of any particular section that these observations of the privy council are based. the privy council has laid down a general principle which is as much applicable to the british columbia taxation ..... as the risk insured against materialized.4. sir jamshedji has attempted to distinguish this case on the ground that the privy council was considering the british columbia taxation act and it would be unwise to apply those observations of the privy council based upon the construction of one taxation statute to the provisions of a different taxation ..... act as to our own income-tax act, because the definition of 'income' under our act is a very wide one and it covers innumerable cases. i am, therefore, of the opinion that the amount received by .....
Tag this Judgment!Court : Chennai
Decided on : Mar-18-1949
Reported in : (1949)2MLJ425
..... and kumaraswami sastri, j., have held that a sale in a revenue court passes the property to the purchaser free of encumbrances except those specified in section 125 of the madras estates land act. therefore, it is apparent that if the appellant is allowed to bring the holding to sale in a revenue court, he will get an undoubted advantage ..... three bench rulings and the single judge's ruling referred to above. 5. mr. subramania pillai contends that, in view of the amendment to sections 125 and 127 of the madras estates land act, the views expressed in those four rulings have become obsolete and that now the appellant will be free to bring the holding to sale in the ..... revenue court and realise his decree dues. i cannot agree as already stated the amendments of sections 125 and 127 have only emphasised the benefit .....
Tag this Judgment!Court : Chennai
Decided on : Mar-21-1949
Reported in : AIR1950Mad162
..... civil courts. the fact that an interim or initial detention is legal does not secure for it immunity from attack if the subsequent formalities prescribed by section 2 (2) and section 5 of act i [i] of 1947 are not substantially complied with and the continuance of the detention would become illegal by reason of such non-compliance. any ..... , the prosecution adduces evidence, the accused is given a right to rebut it, and conviction and sentence follow if the offence is found to be proved. section 2 of act i [1] of 1947 abrogates trial by a court and empowers the provincial government or its delegate, straightway to imprison a man if it is satisfied that ..... a full bench of the patna high court in which the delay complained of was the delay in communicating the grounds, under section 4, bihar maintenance of public order act corresponding to section 3 of the madras act. if the grounds of detention were not communicated to the detenu within a reasonable time and there is no acceptable explanation .....
Tag this Judgment!Court : Chennai
Decided on : Mar-21-1949
Reported in : (1949)2MLJ310
..... civil courts. the fact that an interim or initial detention is legal does not secure for it immunity from attack if the subsequent formalities prescribed by section 2(2) and section 3 of act 1 of 1947 are not substantially complied with and the continuance of the detention would become illegal by reason of such non-compliance. any other construction ..... 284 >:(1942) 1 k.b. 87 presently but before doing so, i may point out some of the consequences of the view taken by the learned judge. section 2 of act 1 of 1947 does not require that the order of detention should be served on the person ordered to be detained before he is arrested and indeed it does ..... . it is not necessary to state the authority and if the petitioner had raised the objection and seriously contended that the district magistrate was not empowered under section 18 of the act, the order would have been easily produced. we therefore think that there is no substance in this contention.24. it was also argued that the order .....
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