Court : Allahabad
Decided on : Aug-18-1949
Reported in : AIR1950All80
..... special provision allowing a revision application to the high court from certain decisions of subordinate revenue courts has had to be incorporated in the u. p. tenancy act (vide section 276). this contention too cannot, therefore, prevail.32. the next argument was that when any inferior court exercises a jurisdiction not vested in it the ..... the same day the opposite party also filed an application by which it was prayed that the permission granted to mr. mathur under section 15(2) of the act be revoked. mr. kailash chandra, acting under section 151, civil p. c., made an order revoking the permission.5. dissatisfied with this order, mr. mathur applied to the ..... determined under two enactments relating to the constitution of civil courts in the province: they are the bengal, assam and agra civil courts act and the oudh courts act. section 3 of the former act which occurs in chap. ii, headed 'constitution of civil courts' reads as follows :'there shall be the following classes of civil courts .....
Tag this Judgment!Court : Kolkata
Decided on : Aug-18-1949
Reported in : AIR1950Cal559
..... due from the parsons named in the petition for probate were realised and if so, when. no inventory or account which was required to in filed under section 317, succession act, by the executrix, has been produced.24. the testamentary expenses would be a fairly large sum. the pecuniary legacies which would be payable under the will ..... of the power of disposal enjoyed by an executor at the relevant dates. the law was at that date, contained in section 269, succession act (x [10] of 1865). the section, practically corresponds to section 307 of the present succession act, xxxix [39] of 1925. in the present case, the will and codicil do not impose any restriction on the powers ..... effect necessary repairs and to effect improvements which are reasonable and proper. for such purposes, he can charge the estate.42. in marguis of bute v. rydar, (1884) 27 ch. d. 196 where the trustees under the will of the plaintiff's father employed a large annual surplus of income to the payment of improvements it was .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-18-1949
Reported in : AIR1950All76
1. The answer of the Full Bench is to the effect that the self, acquired property of a Hindu father which his sons, who were joint with him, got on his death is in their hands joint family property and as between the sons and their descendants it is subject to all the incidents of a coparcenary. In our order of reference dated 12th April 1948, we held that Mt. Ram Dei defendant, had neither a right of residence nor the right of maintenance in the property which was the subject-matter of transfer by Ram Kumar to plaintiffs 1 and 2. This appeal must, therefore, fail on both the grounds urged before the Bench at the time of the hearring in 1943.2. The learned counsel for the appellant, however, now seeks further to challenge the sale made by Ram Kumar in 1940 in favour of plaintiffs 1 and 2 on the ground that it was not supported by legal necessity or by any antecedent debt. We are somewhat disinclined to permit fresh contentions being raised at this stage of the case. We prefer, however,...
Tag this Judgment!Court : Allahabad
Decided on : Aug-19-1949
Reported in : AIR1950All47
..... the learned judges in the case to which i have referred were not attempting to do more than to state in general terms the meaning and effect of section 2 (9) of the act, for the question be-fore them in that case which they, having in their own words 'cleared the ground,' proceeded then to consider was whether it ..... upon this statement, mr. jagnandan lal contending, if i understood his argument correctly, that the liability for the repayment of an advance is, within the meaning of section 2 (9) of the act, transferred to the purchaser at an auction sale of any part however small, of the mortgaged property because such a purchaser is 'interested in repayment of the ..... in execution of the decree obtained by the co-operative bank, been transferred to another person, and that therefore there was no loan within the meaning of section 2 (9) of that act. there was an appeal to the learned district judge of azamgarh who took a different view of the effect of the execution sale and allowed the appeal. .....
Tag this Judgment!Court : Chennai
Decided on : Aug-19-1949
Reported in : AIR1950Mad269
..... part which entitled the defendant to take up the matter before the full bench of the court of small causes by way of a new trial application under section 38, presidency small cause courts act and the rules framed thereunder. this ground has been specifically taken in the application filed by the defendant before the full bench of the presidency small cause ..... the full bench of that court has summarily dismissed the application of the defendant without examining the question of law raised by the defendant. section 38 and rule 7 (b) of order 41, presidency small cause courts act in my opinion do cover the present case. such being the case, the full bench of the presidency small cause court was not justified .....
Tag this Judgment!Court : Chennai
Decided on : Aug-19-1949
Reported in : (1949)2MLJ647
..... heir was also a person who claimed part of the effects of the deceased creditor. the learned judges observed, 'it is not inconsistent with the language of section 4 of act vii of 1889, for a person claiming a debt under an assignment made by the creditor's heir certainly claims part of the effects of such creditor. there ..... ., held that even an assignee of a debt from the heir of the deceased creditor was bound to apply for a succession certificate under section 4 of the act vii of 1889, succession certificate act. it was contended before the learned judges that there was no obligation on the part of an assignee to apply for a succession certificate ..... hands of the reserve bank of india (public debt office), madras, on. the date of the petition and continues to be held by them till now. section 371 of the succession act (xxxix of 1925) defines the court having jurisdiction to grant a certificate. it reads as follows:the district judge within whose jurisdiction the deceased ordinarily resided .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-20-1949
Reported in : AIR1950P& H20; 1950CriLJ390
..... form prescribed by sch. v of the code. there was no provision for service by registered post lottar in the codes of 1861, 1872 and 1882. sub-section (3) of section 69, which was newly added in the code of 1898, provides;service of a suniiuona on an incorporated company or other body corporate may be effected by ..... the registered envelope was received book with the endorsement 'refused', the case was then proceeded ex parte against the respondent within the meaning of the proviso to sub-section (6) of section 488, criminal p.c. and the case was adjourned to 2o:h february 1918. .evidence was, however, recorded on 2nd march 1948. thereafter there were three ..... be affixed to a conspicuous part of the house or homestead in which the person summoned ordinarily resides. section 72 deals with service of summons on servants of crown or of eailway company, and section 73 which was first introduced by act ho. iv [4] of 1877 deals with service of summons outside the local limits of the jurisdiction .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-22-1949
Reported in : AIR1950All45
..... judge was of the opinion that hamid husain, having; failed to delay the proceedings further, had set. up his sister to file the objection under section 11, encumbered estates act. the learned special judge dismissed the application on the ground that the application was barred by time.2. learned counsel for the appellant has urged ..... result in creating complications and in doing injustice to certain creditors as against the others, we think that the language of the section is clear on the point. sub-section (2) of section 11, encumbered estates act, provides that if any person has 'a claim to the property' mentioned in such notice--that would obviously mean the ..... it is also admitted that several items of zamindari were transferred under sale deeds dated 19th march and 22nd march 1947, before the claim under section 11, encumbered estates act was filed. the learned judge was, therefore, right in his view that the application was barred by limitation having been made after the collector had .....
Tag this Judgment!Court : Kolkata
Decided on : Aug-23-1949
Reported in : AIR1954Cal238
..... expiry of the period of limitation prescribed for such application.20. however, the learned judge has exercised his discretion under section 5 of the limitation act and the exercise of the discretion should not be lightly interfered with by the appellate court. as my lord is also of opinion that the learned ..... the case, that the delay was ressonable. a cause arising from the negligence of the party cannot be a 'sufficient cause' within the meaning of section 5, of the limitation act.19. for these reasons i am doubtful whether sufficient cause has been shown why the application for setting aside the abatement should be admitted after the ..... learned judge has applied to the case far too exacting a standard and, although the discretion which a court exercises in connexion with an application under section 5 of the limitation act should not be lightly interfered with, i am of opinion that the delay of 17 or 18 days, under the circumstances aforesaid, is not one .....
Tag this Judgment!Court : Kolkata
Decided on : Aug-23-1949
Reported in : AIR1950Cal77
..... that the accused is guilty of an offence punishable under section 211, penal code. i am acting on the assumption that he has committed such an offence. now, if such an offence has been committed, it was committed in relation to or in connection with ..... railway at shalimar which statement was treated as the first information report.3. the defence taken was that the accused acted bona fide when he made his report to the police and that his case came within exception 8 of section 499, penal code. it was also argued that the ninth exception operated because the statement was made in good faith ..... there can also be no doubt that if he is guilty of an offence punishable under section 211, penal code, he would also be guilty of having committed an offence punishable under section 500, penal code as there would be no ground for holding that he acted bona fide. i should like it to be clearly understood that i am not suggesting .....
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