Court : Allahabad
Decided on : May-11-1949
Reported in : AIR1949All692; 1950CriLJ199
..... and that, therefore, the complaint made by him wa3 an invalid complaint, we would still hold, in that case, that the magistrate had jurisdiction to act under clause (c) of section 190 (1), criminal p.c. he could have treated this invalid complaint as as 'information.' in its ordinary sense 'information' is a wider term ..... the creditors the liquidation officer issued notice to the present applicants. meanwhile mewa ram, jain kuar and chandan kuar, taking advantage of the amendment of section 11, encumbered estates act, made an application before the special judge objecting to the pronote being shown as the exclusive property of the applioanta this application was made on 17th ..... pier off and alleging that they alone formed a joint hindu family. in due course this application was sent to the special judge where under section 8, encumbered estates act the applicants filed a written statement showing the debts due from them and the properties owned by them.4. in the list of properties mentioned .....
Tag this Judgment!Court : Orissa
Decided on : May-11-1949
Reported in : AIR1951Ori132
..... fetters he has put upon himself-see villers v. beaumont, (1682) 1 vern 100. the presumption is that a charity is charitable and not fraudulent. section 120, transfer of property act lays down that a gift cannot be revoked except under circumstances in which, if it were a contract, it might be rescined-such as fraud, undue ..... the senate was a condition precedent to the commencement of the trust. nor is it necessary under the utkal university act that the university should accept the endowment through the senate. section 9, subs (6), utkal university act lays down that'the syndicate shall on behalf of and subject to the control of the senate manage the funds, ..... concerns, property and affairs of the university'and schedule sub (5) lays down 'subject to the provisions of this act and the statutes, the senate .....
Tag this Judgment!Court : Orissa
Decided on : May-11-1949
Reported in : AIR1951Ori273
..... transfer whether by private sale or by execution sale in a permanently settled estate. the validity or otherwise of such transfer depends on section 237, orissa tenancy act, which says:'nothing in this act shall affect any usage or customary right not inconsistent with or net expressly or by necessary implication modified or abolished by its provisions ..... rate. they further averred that killa darpan being a permanently, settled estate, was expressly excluded from the operation of schedule 1, orisaa tenancy act (old) & the new section 31-b of the act was not applicable to the case. the applts specific case was that the ct. of wards, while managing the estate of the pltf, ..... .'illustration (2) to the section, as it stood before the introduction of the orissa tenancy amendment act of 1938 runs as follows:'the usage under which a rayot in a permanently settled estate is entitled to sell his .....
Tag this Judgment!Court : Kolkata
Decided on : May-11-1949
Reported in : AIR1951Cal490
..... the principle of constructive res judicata. i am unable to accept mr. mitter's contention. an issue cannot be said to have been 'heard & finally decided' as is required by section 11, c. p. c. unless a finding on the issue was necessary to the determination of the suit, or in other words, the ct. was bound to decide that ..... would contravene the doctrine of delegatus now potest delegare, but if it be assumed that a shebait is competent to abdicate from his office, in my opinion such an act would operate to transfer the office to the person entitled thereto as reversioners under the foundation or in default of any directions by the founder or of custom according to ..... gopeswar, 35 cal. 226 : (7 c. l. j. 315) maclean c. j. held as follows :'no doubt there are cases & authorities for the proposition that a shebait may by an act inter vivos alienate he shebaitship but i think i am fairly stating the result of these cases when i say that such alienations are not regarded with much favour & that .....
Tag this Judgment!Court : Kolkata
Decided on : May-12-1949
Reported in : AIR1950Cal20,54CWN149
..... for a considerable time. this criticism of babu ram roy's case, (8 c. w. n. 464) inclines us to put a narrow construction upon the words of section 4 (3), ben. ten. act, and to hold that a person will be an under-raiyat only if he holds under a raiyat at the inception of his lease. the interpretation sought to ..... an under-raiyat with a right of occupancy. this entry was challenged by the plaintiff as wrong. the plaintiff further alleged that he served a notice to quit under section 106, t. p. act, on 21st jaistha 1342, by registered post and the defendant accepted the same with the result that the tenancy was determined with effect from 1st sravan 1342.3 ..... for ejectment of the defendant from cadastral survey plot no. 633 of khatian 587 mouza garulia on termination of the defendant's tenancy by a notice to quit under section 106, t. p. act. the court of appeal below dismissed the suit and hence this appeal is by the plaintiff.2. the plaintiff's case is that he took a lease of .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-12-1949
Reported in : AIR1950P& H25; 1950CriLJ459
..... or the accused, has any 'right in any particular form of procedure within the meaning of the word used in b. 6 (e) of the central act and section 4 (e), punjab act. three cases have been cited which actually relate to sessions oases. the first of these, which was cited by the learned advocate general, is srinivasachari v. ..... or enforced, and any suoh penalty, forfeiture or punishment may be imposed as if the -repealing aot or eegulation bad not been passed.the opening words of section 4, punjab general clauses act, i [l] of 1898, are:where this aot or any punjab aot repeals any enatitment then, unless a different intention appears, the tepeal shall notand ..... october 1948 notification no. 7146 h dated 22nd october had appeared to the following effect :in exeroise o the powers oonferred by el. (b) of section 2, punjab publio safety act, 1947, and all other powers enabling him in this behalf, the governor of east punjab is hereby pleased to cancel the following notifications.then follow3 a .....
Tag this Judgment!Court : Allahabad
Decided on : May-12-1949
Reported in : AIR1949All513; 1949CriLJ798
..... legislative list. these lists are fairly exhaustive, but provision has also been made regarding residuary matters which are not specifically mentioned in them. section 104, constitution act authorizes the governor-general to empower either the dominion or the provincial legislature to enact a law with respect to any matter not enumerated in ..... provide, during a limited period, for further powers to prevent black-marketing in the united provinces.the act contains 20 sections. of these, section 8 (l) (i) section 4 (1) and section 8 are directly concerned with preventive detention. section 3 (l) (i) reads-as follows:if upon information received the provincial government is satisfied that ..... can pass laws and upon what subjects the provincial legislature can do so and upon what subjects both the legislatures have concurrent jurisdiction. section 100(1) of the act provides that with respect to any of the matters enumerated in list i in schedule 7, the dominion legislature has and a provincial .....
Tag this Judgment!Court : Allahabad
Decided on : May-12-1949
Reported in : 1949CriLJ852
..... to review the order about costs will also be rare. tha court will, therefore, be mainly called upon to review the order of punishment under sub-section (1) of section 10 of the act; and as the bar council has nothing to do with the question of punishment there will be no question of making a reference to the bar council. ..... advocates, in view of an order, made by this court, on 20th december 1916, removing him from practice, aa he was found guilty of misconduct, under sub-section (l) of section 10, bar council act (xxxviii [38] of 1926). his prayer ia that he may be granted pardon and permitted to resume practice as an advocates .19. shri raghubir saran: the ..... principle and procedure laid down for review of case3 under the code of civil procedure. the relevant subsection which gives this court power of review is sub-section. (6) of section 12, bar councils act. it ia reproduced below:the high court may, of its own motion cr on application made to it in this behalf, review any order pas- sed .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-12-1949
Reported in : 1950CriLJ3
..... btated above, admittedly the panchayat shikar, puri biradri was not wrongfully and forcibly dispossessed so as to bring the case within the first proviso to sub-section (4) of section 145 which requires that dispossession should be forcible and wrongful. the argument assumes that sita ram obtained possession of the chaubara on 22nd february 1948 on ..... of the preliminary order and the case did not fall within the first proviso to sub-section (4) and that being so the magistrate was not competent to restore to possession the panchayat shikarpuri biradri for the panchayat shikarpuri biradri had not been forcibly ..... until evicted therefrom in due course of law and forbidding all disturbance of possesaion until such eviction, and when he prooeeds under the first proviso to sub-section (4), may restore to possession the party forcibly and wrongfully dispossessed.as stated above, sita bam was in actual possession of the chaubara on the date .....
Tag this Judgment!Court : Kolkata
Decided on : May-12-1949
Reported in : AIR1950Cal15,54CWN243
..... be in another capacity as decree-holder landlord. such procedure was already in vogue even in the case of a decree-holder purchaser under the bengal tenancy act previous to section 168a. if the amount of purchase price was sufficient, then the decree-holder was also entitled not only to his decretal amount but to the costs of ..... executing court is drawn subsequently to the fact that the sale had already been confirmed without the decree-holder auction purchaser fulfilling the conditions laid down under section 168a, bengal tenancy act, all that the executing court need do is to record an order that the total amount of rent, cess and interest which had accrued due up ..... allowed a set off. therefore the procedure of the decree-holder paying to himself money by deposit in court was in force even before the amendment in section 168a, bengal tenancy act. it is therefore idle to contend that the decree holder could not have been contemplated as paying, himself. the payment to be by deposit of money .....
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