Court : Mumbai
Decided on : Aug-29-1949
Reported in : AIR1950Bom161; (1950)52BOMLR97
..... every year with the plaintiff's bullocks and the cart. as per above decision the defendant is the tenant of the plaintiffs and so long as the defendant continues to act and abide by the aforesaid decision till then the plaintiffs have no right to evict the defendant from the said land. the defendant has no other right in the said ..... privy council in mt. sabitri thakurain v. savi 48 i. a. 26 : a. i. r 1921 p. c. 80. section 117 of the code states that the provisions of the code shall apply to all high courts constituted by letters patent. section 120 mentions certain provisions of the code which are not to apply to the high court in the exercise of .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-29-1949
Reported in : AIR1950All42
..... law did not exist although in fact it existed. he had also made the mistake of holding that a hut was not a building as defined in section 2(2), u. p. municipalities act, 1912. he accordingly set aside the order of acquittal and directed a re- trial.5. it would thus appear that the power to interfere in ..... have failed to exercise his jurisdiction and, therefore, a fortiori is a case in which this court in a criminal matter is bound to interfere.'the complaint was under section 500, penal code, and the trial court had convicted the accused person. the appellate court reversed the conviction without going into the merit of the case on the ..... application in revision is directed against an order of the learned assistant sessions judge of agra, dated 3rd may 1949, acquitting the opposite party madanlal of an offence under section 406, penal code, of which he had been convicted by the tahsildar magistrate of agra on 4th november 1948. a revision against an order of acquittal can be entertained .....
Tag this Judgment!Court : Kolkata
Decided on : Aug-29-1949
Reported in : AIR1952Cal429
..... and enjoyed' and if the property was intended not for security which is the essence and reality of a mortgage transaction but only as a mere device and act of parties to create jurisdiction for this court, then the inclusion of such property in the mortgage deed does not confer jurisdiction on this court to entertain a ..... was done in this transaction by plain-tiff n. l. roy, who is a practising solicitor of this court, and particularly when this plaintiff n. l. roy acted as the solicitor for the defendants in the conveyance by which the defendants purported to purchase the undivided l/48th share in 20 garanhatta street. one of the original, ..... mortgage was executed. the conveyance purports to be from one debeswar mukherji. it is marked ex. 1 in this suit. in the conveyance the plaintiff mortgagee nanilal roy acted as solicitor and the conveyance was prepared by him at his office. mr. bhaduri's evidence is that the defendants had never had any calcutta properties within the jurisdiction .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-30-1949
Reported in : AIR1950All61
..... the agreement voluntarily entered into between the parties no longer exists, the plaintiff was not entitled to claim anything over and above the rent. he further contended that section 4 of the act prohibits the landlord from claiming any payment, in addition to the rent fixed between the parties, whether by way of premium or otherwise.8. the first part of ..... put forward by the learned counsel for the applicant is that the rent was really not enhanced, because the notice enhancing the rent was defective. section 5(2), local control of rent and eviction act provides that:' where the rent for any such accommodation has not been agreed upon or whore in the case of tenancies continuing from 1st october ..... rent.6. i am unable to accept this contention. the landlord was not obliged to enhance the rent to the full extent to which the enhancement was permissible under the section. for example, in this case it was open to the landlord to enhance the rent to rs. 74 a month or to rs. 72 a month, or to .....
Tag this Judgment!Court : Kolkata
Decided on : Aug-30-1949
Reported in : AIR1951Cal10,54CWN544
..... the respondents from proceeding with the said arbitration.15. on 30-7-1948 the respondents applied to this court for a stay of the suit under section 34, arbitration act. the appellants contended that there was no submission to arbitration and that application for stay ought therefore to be dismissed. on 24-8-1948, sinha j ..... clause 17 of the terms and conditions of the contract between bubna more & co. and the respondents-is void for uncertainty and he has relied on section 29, contract act. where a contract is uncertain, performance of which could never be enforced then it must be held that the contract is void for uncertainty. that was ..... cannot in general be specifically enforced and breach of them results only, in damages, the arbitration clause can be specifically enforced by the machinery of the arbitration acts. the appropriate remedy for breach of the agreement to arbitrate is not damages but its enforcement. moreover there is the further significant difference that the courts in .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-31-1949
Reported in : AIR1950All109
..... a judgment is binding upon the entire world not only according to the english law (vide bigelow on estoppel, 6th edn. p. 256) but also according to section 41, evidence act. another analogous judgment is one appointing a guardian of a minor's estate ; so long as that judgment stands unreversed it constitutes a full warrant for the demand ..... as a juristic person having power to appoint a mutwalli.24. even if a juristic or artificial person was not recognised in the pure mohammedan law, a court acting under section 92, civil p. c., has certainly the power to appoint a corporation as a mutwalli of a waqf because it is then governed by the rules of procedure ..... . similarly, it is not necessary to decide whether the contesting defendants are bona fide purchasers. even if they were bona fide purchasers, they cannot seek protection under section 41, t. p. act, against: god. latafat ali, etc., could not pass a better title to them than what they themselves had and they had none. i am not satisfied .....
Tag this Judgment!Court : Kolkata
Decided on : Aug-31-1949
Reported in : AIR1950Cal315,[1950]18ITR653(Cal)
..... and the parties shall be entitled thereto according to the shares mentioned in clause 3 thereof.'5. an application was made in this case under section 26a, income-tax act. that section is in the following terms.(1) application may be made to the income-tax officer on behalf of any firm, constituted under an instrument of ..... on the subject under rule 2.'any firm constituted under an instrument of partnership specifying the individual shares of the partners may under the provisions of section 26a, income-tax act register with the income-tax officer the particulars contained in the said instrument on application made in this behalf.' 7. such application shall be signed ..... that the application has been properly made we shall grant a certificate stating that the instrument of partnership has been registered with him under section 26a, income-tax act.10. the application under section 26a was refused by the income-tax officer on the ground that (as?) the joint family had come to an end it could .....
Tag this Judgment!Court : Rajasthan
Decided on : Aug-31-1949
Reported in : 1950CriLJ762
..... to the at them subsequently the decree-holder made an application for execution and claimed relief against the grandsons:held that it could not be said in terms of section 420, that the decree-holder cheated the grandsons and thereby induced them to deliver the sum. at the most it was a breach of contract but the ..... gold. the case, as such, of the opposite party was that the applicant committed an offence punishable under section 417, penal code, in thus putting him off from filing the civil suit and committed an officer punishable under section 424, penal code, in thus concealing the gold. the magistrate after recording the statement of the opposite party ..... under section 200, criminal p.c., allowed the case to proceed on. the applicant has come up in revision from .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Aug-31-1949
Reported in : 1950CriLJ1345
..... shall be punishable with fine which may extend to ra. 50.the learned sessions judge came to the conclusion that since section 71, district municipalities act, was introduced into the act in the year 1939 it should be deemed by implication to repeal the order of the home minister promulgated in october 1920 ..... to convict the petitioners,4. the petitioners were prosecuted by the? police, under section 71, district municipalities act. and section 188, lndore penal code. the court could not have taken cognizance of an offence punishable under section 71, district municipalities act. except on the complaint of the president or any person authorised either generally or ..... could take action again-t the petitioners. the legal objection taken to the convictions under; section 71 of the act. therefore, prevails and the conviction of the petitioners under section 74 of the act is set aside. conviction under section 188, indora penal code, read with the notification referred to above also cannot stand. .....
Tag this Judgment!Court : Allahabad
Decided on : Sep-01-1949
Reported in : AIR1950All519
..... or maintained by him there, or to any other alteration in the natural condition of his land.'in wholly v. lancashire and yorkshire rly. co., (1884) 13 q. b. d. 131 ; (53 i. j. q. b. 285), the railway company cut trenches in an embankment close to the ..... this loss. it was contended that 'diversion' within the meaning of that expression as used in article 35 (i), provincial small cause courts act, does not include 'obstruction'. this is not the question which arises in the present case. damages in the present case are claimed for ..... not cognizable by a court of small causes as it fell within the purview of article 35 (i), schedule ii, provincial small cause courts act, and (2) that the plaintiff was guilty of contributory negligence and hence the defendants were not liable to any damages.4. reliance in support ..... orderkaul, j.1. this is an application preferred under section 25, provincial small cause courts act, for revision of a decree pissed by the judge, small cause court, lucknow, in a suit .....
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