Court : Chennai
Decided on : Oct-19-1949
Reported in : AIR1950Mad266
..... there is lack of bona fides on the part of the government in resorting to the provisions of the act when the petitioner could have been, if the case for the government were true, prosecuted under section 5, explosive substances act, 1908 (act vi [6] of 1908). 10. after anxious consideration, i am of opinion that the view of ..... horwill j. on the two points is correct. i had occasion to consider the object of the provisions of the madras maintenance of the public order act, 1947, requiring the government ..... i also agree with horwill j. that the fact that the government had abandoned the intention of prosecuting the case initiated against the petitioner under the explosive substances act is undoubted proof that the government did not believe in the truth of the allegation now made. if the government were really serious in the charge .....
Tag this Judgment!Court : Rajasthan
Decided on : Oct-19-1949
Reported in : AIR1950Raj4
..... by the lower court. the former gives 6 years limitation from the date of cause of action which in this case is said to be kartik sad 13 section 1996. 3. in order to appreciate the arguments, the consideration of the two articles, and article 48, which is connected with succeeding article, is necessary. ..... articles 48, 49 and 65, marwar limitation act, 1927, are as follows :article no.description of suits.period of limition.time from which period begine to run.48for specific movable property lost or acquired by theft ..... amount to wrongful detention of the same within the meaning of article 19, and that wrongful detention should involve some sort of conversion or dishonest intention in the act. this argument confuses article 49 with article 48. where dishonest, misappropriation or conversion is involved, article 48 is applicable in which a different starting point of .....
Tag this Judgment!Court : Orissa
Decided on : Oct-18-1949
Reported in : AIR1950Ori99
..... matter of lister's hospital (1855) 43 e. r. 1202 : (6 de. g. m. & g. 184).17. the object of section 92 of the code, and the sections like section 73, madras act and section 54 of the act which later took its place in the statute books of the provinces is almost similar or rather the same i would say.18. in ..... the following manner : (1) (a) a 'trustee,' whether hereditary or not, of a religious endowment, is not 'a person having interest' within the meaning of sub-section (1) of section 54 of the act; (b) does not arise. even if it arises, i would answer it in the negative ; (a) my answer would be in the negative and (3) does ..... and from ejecting him from the schoolhouse. the question raised by the action was whether the managers had been properly appointed. the plaintiff had not obtained, under section 17, charitable trusts act, 1853, the leave of the charity commissioners to bring the action. bowen and fry l. jj., held :'although the action might incidentally involve the consideration of .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-18-1949
Reported in : AIR1950All232
..... support of the contention that the u. p. gur control movement order, 1946, is ultra vires the provincial legislature, it is urged that under section 297, government of india act, no provincial legislature or government has power to pass any law or take any executive action prohibiting or restricting the entry into or export from, the ..... the exercise of the powers conferred upon it under the provincial legislative list, namely, list 2 of schedule 7 to the government of india act, then and then alone does section 297 come into play and prevents the provincial legislature or government from prohibiting or restricting the entry into or export from the province of ..... accused were convicted for transporting match boxes from a place in the united provinces to a place outside the united provinces and thus contravening section 7, u. p. control of supplies (temporary powers) act, act ii [2] of 1947. it was observed in that case that any order kept in force by the united provinces control of supplies .....
Tag this Judgment!Court : Rajasthan
Decided on : Oct-17-1949
Reported in : AIR1950Raj8
..... , on the facts, there was no justification for such an order, even if the trial magistrate was authorized by the law to make such an interim order in proceedings under section 147, criminal p. c. the other ground mentioned by the learned district magistrate is also correct. in my opinion, he is quite right in saying that a magistrate, in whose ..... the district magistrate of nagaur that an order passed by a magistrate of parbatsar on 25th october 1943 be set aside.2. kama, sukha and jetha filed an application under section 147, criminal p. c., in the court of the magistrate in question on 18 th september 1948 and alleged that they had a right of way across the field of ..... , criminal p. c., are pending is not authorized by the law to pass such an order. the second proviso to sub-section (4) of section 145 of the code, on which the trial magistrate relied, does not authorize such an order.6. for the reasons stated above, i accept the reference and set aside the .....
Tag this Judgment!Court : Chennai
Decided on : Oct-14-1949
Reported in : AIR1950Mad358
..... question whether the sales were really void and not merely voidable. in my view such sales in disregard of the absolute provisions of any of the sections of the estates land act apart from cases where there is no jurisdiction at all to sell, relate only to illegalities which make the sale voidable and in such cases the ..... an earlier decision of a single judge in kadirvelu ambalam v. alagappa ambalam : air1934mad725 that where the sale officer has not done things referred to in section 117, estates land act, the sale would be unlawful or illegal although it was a superior officer who actually fixed the terms of the proclamation and the other relevant matters. consequent ..... contention. 5. i shall now proceed to deal with the two questions raised and pressed before me. it is now settled law that proper notice under section 112, madras estates land act, is a condition precedent for creating jurisdiction in the collector to sell a ryot's holding under chap. vi. where there has been no such notice .....
Tag this Judgment!Court : Kerala
Decided on : Oct-14-1949
Reported in : AIR1950Ker83; 1950CriLJ1536
..... newspaper called the malayans questioning the legality of an order passed by government whereby the license granted to the said newspaper wan cancelled. the notice given under section 6 of tha act indicated fourteen different articles of several dates, which were said to be seditious and lively (i) to excite disaffection against, and to bring into hatred ..... information, of(iv) publishes matter whioh is obscene in character2. it was pointed out by the learned counsel for the petitioner that tbe notice issued under section 5, travanoore newspapers act, was insufiioieafc in law and that the order of forfeiture was void and liable to bs revoked for that reason. according to him, it was ..... words, signs etc, which are or are not in fact of the nature described in the several clauses of the section. section 15 of the act further provides that no order passed or action taken under the act shall be called in question in any court otherwise than in accordance with the provisions of that aat and the .....
Tag this Judgment!Court : Chennai
Decided on : Oct-14-1949
Reported in : AIR1950Mad355
..... purchaser and the intermediate holders or owners who have taken by inheritance. it would defeat the whole scheme of the limitation act to hold that adverse possession against the predecessors of an owner taking by inheritance was of no avail against such owner unless it could be shown that the owner ..... powers in the other case can make no difference. in both cases it seems to me that for the purposes of the definition of plaintiff in the limitation act, which is intended to include predecessors-in-title of whom the successor is the representative, the heir must be considered to derive his title from and through the ..... the case of mahants a succeeding mahant is not bound by alienations created by a previous mahant and that the period of limitation is governed by article 144, limitation act. it is stated that one mahant does not succeed another and any alienation by a particular mahant cannot enure beyond his lifetime. the learned judges in rajah of .....
Tag this Judgment!Court : Chennai
Decided on : Oct-13-1949
Reported in : AIR1950Mad387
..... that have been argued relate to the jurisdiction of the civil court to entertain the suit for ejectment and rent. even if my interpretation of section 8, sub-section (5) of the act is erroneous, it is argued by the appellant that the suit for ejectment and rent would lie only in a civil court. the contention is ..... demudu v. papayyaraju : air1944mad136 has been relied upon by mr. reddi pantulu the learned advocate for the respondent. with reference to the interpretation of section 8, sub-section (5) of the act, the learned judge observed as follows:'there seems to me no doubt when the legislature spoke of the tenant acquiring occupancy right during the period between ..... the arguments in this court proceeded on the basis of their correctness.2. mr. dhikshitulu, the learned counsel for the appellant, argued that section 8 (5), madras estates land act (hereinafter called the act) as amended in 1936 on which the claim of the laud, holder for eviction was based does not apply to the present case. .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-13-1949
Reported in : AIR1950All291
..... to round up the figure of rs. 38,118. on what principle this amount of rs. 1882 was estimated it is difficult to find. the assessment was under section 23 (3), income-tax act, and if there were no materials on which the tribunal could come to a definite finding as regards those four contracts which were said to have been sub ..... .8. we find it very difficult to understand the meaning of the second question which is as follows: (2) whether on the findings of fact assessment was correctly made under section 23 (3) 9. no such question seems to have been discussed by the tribunal in its appellate order and we do not see how this question arises and we do ..... not just add a sum of rs. 1882 to have a nice round figure of rs. 40,000 instead of rs. 38,118.6. the questions referred to us under section 66 (1) are as follows:'(1) whether on the findings arrived at by the tribunal, there was any justification for making a token addition of rs. 1882 to the accounted .....
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