Court : Chennai
Decided on : Nov-25-1949
Reported in : AIR1950Mad438
..... to agree with the plaintiff's version and held that the lace in question was not of such value as to attract the operation of schedule ii of section 75, railways act. (his lordship after discussing the evidence proceeded:)6. another complaint of the learned counsel for the petitioner is that the lower court did not allow an ..... the railway company has not been proved.5. the last argument of the learned counsel is based upon an interpretation of section 75 as well as the second schedule of the indian railways act. according to section 75, when any articles mentioned in the second schedule are contained in any parcel or package delivered to a railway administration ..... , came to the conclusion that for a suit against a railway company for compensation for non-delivery of goods consigned for transit, time under article 31, limitation act (period of one year from date when the goods ought to have been delivered) begins to run from after the definite refusal or declaration of inability to deliver .....
Tag this Judgment!Court : Rajasthan
Decided on : Nov-25-1949
Reported in : AIR1951Raj108
..... prescribed by law is entirely a question of law. no revn lies on a mere mistake of law. it lies only when as has been said above the lower ct acts illegally or with material irregularity in exercise of its jurisdiction. this has been so held in a recent ruling of their lorships of the p. c. reported in 'venkatagiri ayyangar ..... along with the appeal.9. in view of the above rulings it cannot be said that the lower ct either exercised a jurisdiction not vested in it by law or acted illegally or with material irregularity in the exercise of its jurisdiction. even if it be granted that the order of the lower ct was bad in law, the mere fact .....
Tag this Judgment!Court : Mumbai
Decided on : Nov-25-1949
Reported in : (1950)52BOMLR591
..... there is, in our view, no irreconcilable conflict here such as would necessitate recourse to the principle of federal supremacy laid down in section 100 of the constitution act. section 14-b does not purport to restrict or prohibit dealings in liquor in respect of its importation or exportation across the sea or land ..... were made by the government of india (adaptation of indian laws) order, 1937, to bring its provisions into accord with those of the constitution act as provided for in section 298 thereof. one of such modifications was the substitution of new definitions of the expressions 'to import' and 'to export.' whereas these expressions previously ..... on her behalf were rejected and the conviction and sentence were confirmed, but in view of the constitutional question involved a certificate under section 205(1) of the constitution act was granted. the appellant has accordingly brought this appeal to have that question determined by this court.3. to appreciate the arguments advanced .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Nov-29-1949
Reported in : AIR1952P& H82
..... sobha singh from the defendants. now, this is the evidence of conduct, which if the terms of the lease deed are ambigu us would baeome relevant under section 92, proviso 6, evidence act, which is admissible for the purpose of construing the document. the conduct of the parties during the long course of years is in my opinion a material element ..... has put it in bis law of evidence at page 680 :'the subsequent court not of the parties to a document can be legitimately looked at under section 92 proviso (6), evidence act, for the purpose of ascertaining o what pereons a things the expressions used therein were intended to apply. but if the terms of a document are not ..... a portion of the premises now in dispute but, this evidence of conduct can only be relevant if the terms of the deed itself are vague under section 92, proviso (6), evidence act, if a document is cbscurely framed cr if any of ita clauses contains a real ambiguity, evidence of the conduct of the parties is admissible to construe .....
Tag this Judgment!Court : Chennai
Decided on : Nov-29-1949
Reported in : AIR1950Mad393; [1950]18ITR68(Mad)
..... paid in cash but which is represented by the deposit certificates can be considered to be a 'dividend' within the meaning of the definition of that term in section 2(6-a), income-tax act. the expression 'dividend' is defined as'including (a) any distribution by a company of accumulated profits, whether capitalised or not, if such distribution entails the release by .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Nov-29-1949
Reported in : AIR1950P& H209; 1950CriLJ1005
..... sons came and they had a right to defend their father from attack by three persons who -were at him. therefore, they cannot be held guilty of an offence under section 803.4. from the evidence it is not possible to know as to who had the sharp edged weapon with which injuries on the deceased were caused. two persons are ..... at in the case ia that the three appellants were guilty of causing simple injuries.6. the next question is whether they are guilty under section 323, penal code or section 324. they would be guilty under section 323u hurt is caused by means ... of any instrument which, used as a weapon of offence, is likely to cause death....a lathi has been ..... kehr singh was arrested the next day, that is, 3rd of july. they were put up for trial before the sessions judge of feroze. pore who has convicted them under section 305, read with section 81, for the murder of kartar singh and sentenced them to transportation for life. he also sentenced them to two years' rigorous imprisonment under .....
Tag this Judgment!Court : Chennai
Decided on : Nov-30-1949
Reported in : AIR1950Mad606
..... strenuously contended that there is no evidence in this case of deliberation by the guardian of the pros and cons of the transaction and there is no evidence that the act of the guardian was the moat prudent in the circumstances. we fail to see what evidence the alienee can adduce except to prove the debts discharged by him and the ..... one by men of ordinary prudence. in dealing with the property of a ward, considerable latitude should be allowed for the exercise of the guardian's discretion, though if the act was of a speculative character, it cannot be supported by the court. now what are the facts in this case? admittedly there was this usufructuary mortgage for rs. 1600/-. ..... item 5 of consideration, namely, the debt due to one vellaiyyppa chettiar. on the record there was no proof whatever that that debt had been or would be discharged under act iv [4] of 1938 and that was the only reason why the learned judge thought he should leave it out of account. we are not also satisfied with his .....
Tag this Judgment!Court : Chennai
Decided on : Nov-30-1949
Reported in : AIR1951Mad531
..... pressed on us the undesirability and the impropriety of issuing a declaration which will have the effect of holding that the order of a foreign court as wrong. under section 42, specific belief act, a court is authorised to give declaratory reliefs. it reads :'any person entitled to any legal character or to any right as to any property, may institute a ..... pillai filed e. a. no. 249 of 1945 in o. s. 63 of 1939 on the file of the court of the subordinate judge of sivaganga under order 47 and section 151, civil p. c. praying for an order declaring that the plaintiff was not entitled to proceed against the other properties of defendant l in the petitioner's hands either ..... ask for any further relief.'it is settled law that it is discretionary with the court to grant a declaratory relief or not. at p. 750 of the specific relief act by pollock and mulla the following extract from a judgment of the judicial committee appears :'it is not a matter of absolute right to obtain a declaratory decree. it .....
Tag this Judgment!Court : Kolkata
Decided on : Nov-30-1949
Reported in : AIR1950Cal191
..... the debt conciliation officer concerned to deal with the application according to law and on the merits. this order was affirmed by the district judge under section 40a, bengal agricultural debtors act. 3. on behalf of the creditor, it is contended that it is not competent for the board to entertain the application for review after an ..... 12th april 1946 up to which the proceedings were continuing before the board, the latter directed the debtor to file a formal application for review under section 44, bengal agricultural debtors act accompanied by the requisite court-fees. an application was accordingly filed on 14th june 1946. the board however held on 8th august 1946 that there ..... 1942. in 1944, an application was filed by the debtor before the collector of 24 parganas for permission under rule 91 (b) read with section 44, bengal agricultural debtors act for review of the award which had been made in january 1942 inasmuch as more than 60 days had expired from the making of the award. .....
Tag this Judgment!Court : Allahabad
Decided on : Dec-01-1949
Reported in : AIR1950All327
..... of any civil court 2. (where there hasnot provided for by been an appeal) article 183 or by the date of the or section 48 of the code order, final decree of civil procedure, 1908. of the appellatecourt.6a. the expression to be construed, is, ' ..... aberdeen steam trawling and fishing co., 1933 a. c. 402 : (102 l. j. p. c. 33) see also greaves v. to field, (1884) 14 ch. d. 563 at p. 571: (50 l. j. ch. 118) and jay v. johnstons, (1893) 1 q. b. 25. ..... period of limitation for the first application for execution a period of three years, during which the temporary postponement of execution of decrees act (local act x [10] of 1937) remained in force, has to be excluded. it is obvious, therefore, that it was within time ..... construction appears to be established beyond doubt:'it has long been a well established principle to be applied in the consideration of acts of parliament that where a word of doubtful meaning has received a clear judicial interpretation, the subsequent statute which incorporates the .....
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