Court : Orissa
Decided on : Mar-08-1949
Reported in : AIR1951Ori240
..... statute itself regarding the value to be attached to previous settlement entries and there is no provision corresponding to the proviso to sub-section (3) of section 117, orissa tenancy act. in the orissa tenancy act, however, there is an express statutory provision regarding the relative value to be attached to the earlier and later settlement entries and ..... of correctness, however, attaches only to the current settlement record, of-rights and as regards the previous record-of-rights the proviso to sub-section (3) of schedule 17, orissa tenancy act, gays that such entry shall be admissible as evidence of the facts existing at the time such entry was made. therefore, an entry in ..... elaborately in his judgment in this case.15. as pointed out by them, in the face of clear statutory provisions in section 117, sub-section (3) and the proviso thereto, of the orissa tenancy act, specifying in unambiguous terms the exact value to be attached to entries in the current record-of-rights and the entries .....
Tag this Judgment!Court : Orissa
Decided on : Mar-08-1949
Reported in : AIR1951Ori327
..... submitted to them.15. the case in ghanaya v. mehtab, a. i. r. (21) 1984 lah, 890: (16 lah. 377) is cited to show to show that section 35, evidence act, is not intended to apply to the opinions of public official based on or inferences drawn from the allegations made before them in course of inquiries conducted by them ..... impugned on that account if otherwise it is admissible. there can be no doubt, that reports of public officials made in discharge of (their official duties are admissible under section 85, evidence act with reference to statements therein of relevant facts or facts in issue. this is well-) established by a number of p. c. cases, vide muttu ramalinga v. ..... seal. though the document appears to be an old one & from the date it bears, must have been more than 30 years old, the presumption available under section 90, evidence act, does not apply to this document. the trial ct. has not accepted this document on the ground that it was not produced from appropriate custody as it was .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-08-1949
Reported in : AIR1949Bom339; (1949)51BOMLR510
..... examination of a director-and sir fazal was a director of the company with which we are concerned in this case-is founded on section 196 of the indian companies act. that section provides that 'when an order has been made for winding up a company by the court, and the official liquidator has applied to ..... to the public examination was first introduced into the english company law by the companies winding act of 1890 and section 8(2) corresponds to section 177bf2) and section 8(3) corresponds to section 196 of our companies act. it is very significant to note that section 8(3) speaks of 'the court may, after consideration of any such report', any ..... reference whatever to the report which the official liquidator has got to make under section 177b. when we turn to the english companies act, which is in force today, we find that section 182 corresponds to section 177b and section 216 corresponds to section 196, and section 216 provides that 'where an order has been made in england for winding up .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-09-1949
Reported in : 1950CriLJ344
..... should be quashed because there was delay in the filing of the original complaint.11. no other point has been argued before me. the learned sessions judge acting under section 436, criminal p.c., has exercised a discretion vested in him by law and it is not open to me to interfere with the exercise of that ..... that case were- that after the examination of the complainant and of one witness, the complainant withdrew his remaining witnesses, and allowed his complaint to be dismissed under section 253, criminal p.c. after the lapse of five months, the complainant again filed a renewed complaint on the same facts. the magistrate thereupon issued process against ..... make, and the district magistrate may himself make or direct any subordinate magistrate to make, further inquiry into any complaint which bas been dismissed under section 203, or sub-section (3) of section 204, or into the case of any person accused of an offence who has been discharged :provided that no court shall make any direction .....
Tag this Judgment!Court : Kolkata
Decided on : Mar-09-1949
Reported in : AIR1950Cal377,54CWN225
..... ground of absence of citation on him. this application was heard by majumdar j. who held that the want of citation was a 'just cause' within the meaning of section 263, succession act, and by his order dated 20th july 1948, he revoked the said grant. the directions given by majumdar j. as to the filing of the caveat; and the supporting ..... is at page 445, part i of the calcutta gazette of that date and is in terms as follows :'the 1st april 1881.--in exercise of the power conferred by section 2, act v [5] of 1881, his honor the lieutenant-governor of bengal, with the previous sanction of the governor-general in council, is pleased hereby to authorise the high court .....
Tag this Judgment!Court : Kolkata
Decided on : Mar-10-1949
Reported in : AIR1950Cal230
..... the plot of land situated at premises no. 235/1, bowbazar street, calcutta. it is not in evidence that the system mentioned in section 2 of the ordinance or section 2 (5) of the act prevails in the bowbazar street locality of the town of calcutta, then it was a lease for at first a fixed period of 10 years ..... a thika tenant. mr. mitter contends that it should follow as a matter of legal construction and interpretation of calcutta thika tenancy act or ordinance and the definition as provided under section 2 (5), of that act or section 2 of the ordinance. in my judgment, it is not a matter of legal interpretation or construction, but is a question of ..... .4. mr. mitter contends that the defendant comes within the scope of the calcutta thika tenancy act, 1949 and this court has no jurisdiction to determine this suit having regard to section 29 of that act. he relies on section 2 (5) of the act which defines thika tenant in the following terms:'thika tenant' means any person who under the system .....
Tag this Judgment!Court : Chennai
Decided on : Mar-10-1949
Reported in : (1949)1MLJ583
..... examined the grounds of detention served on the petitioner and we are unable to hold that there are no grounds which would justify detention under section 2 of madras act i of 1947. it is clearly stated that the applicant is interfering with and impeading the work of the police in the matter of detecting ..... the report of the advisory committee. we consider that the power of this court to interfere with an order of detention passed under madras act i of 1947, on an application under section 491, criminal procedure code, is confined to the four grounds enumerated by the learned chief justice at page 23 of the full bench decision in narayanaswami ..... said that the district magistrate was satisfied at the time the petitioner was arrested that he was likely to act in a manner prejudicial to public safety or the maintenance of public order. the arrest under section 151, criminal procedure code, might have been in respect of a cognizable offence wholly unconnected with public safety or maintenance .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-10-1949
Reported in : 1950CriLJ95
..... is thus not free from doubt but it is not one which calls for determination in this proceeding. the definition of 'temple' in section 2 (b), c. p. & berar temple entry authorization act, 1947 is:a place, by whatever name known and to whomsoever belonging, which is used whether temporarily or permanently as a place of religious ..... the temple and worship therein were denied to the harijans and that for the purposes of the act they came within the ambit of the term 'excluded class' as defined in section 2 (a). persons belonging to such class are under section 3 (1) entitled since 2nd november 1947 to enter any temple and offer worship therein in ..... orderhemeon j.1. the applicant shridhar krishnarao date was convicted and sentenced to pay a fine of section 100 under section 6 (1), central provinces and berar temple entry authorization act, 1947, by the second class magistrate, wardba and his appeal was dismissed by the additional district magistrate, wardha. he has now come up in revision .....
Tag this Judgment!Court : Chennai
Decided on : Mar-11-1949
Reported in : (1949)2MLJ88
..... which it was decided that the possession of a subsidiary company was really on behalf of the parent company which was entitled to compensation under the land clauses consolidation act (1845), section 121. it was stated in that case by atkinson, j. (at page 121) : 'it seems therefore to be a question of fact in each case, ..... in existence and therefore there is no person in existence capable of instituting the suit until 16th february, 1945. on the analogy of the principle of section 17 of the limitation act, it would seem that limitation does not begin to run until 16th february, 1945, when the person capable of instituting an action came into existence. ..... proper proceeding after the restoration of the company. after this order was made, the liquidator with the permission of the court filed the present application under section 38 of the companies act for rectification.6. the main ground on which the application is filed was that the forfeiture was invalid as the notice of 15th march,1941, .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-11-1949
Reported in : AIR1949Bom373; (1949)51BOMLR573
..... 83 feet from the firing-floor level as per requirement of smoke nuisance department and committed breach of rule 20 of the bombay smoke nuisance act of 1912 under section 9(1) of the said act.it would thus appear that the charge against the accused was for having contravened the provisions of rule 26 of the smoke nuisance rules. ..... the charge against him was of non-compliance with the requirements of rule 26 of the smoke nuisance rules. we think that this submission must be accepted. under section 8 of the act :'furnace' means any furnace or fire-place used-(a) for working engines by steam, or(b) for any ether purpose whatsoever :provided that no furnace or ..... density, or at a lower altitude, or for a longer time, than is permitted by rules made under this act, the owner of the furnace shall be liable to line (which is prescribed in that section).section 11 of the act empowers the provincial government to frame rules, inter alia, to(f) prescribe the altitude below which smoke may not .....
Tag this Judgment!