Court : Chennai
Decided on : Oct-12-1949
Reported in : AIR1950Mad410
..... of this nature in mrs. evelyn popaly v. official assignee, madras, : air1936bom321 , and held that the proviso was not a bar, as sub-section (5) of section 36 of the act related only to property admittedly belonging to the insolvent and not to property, the ownership of which was in dispute, and that therefore the matter was ..... shows that the parties did not agree for trial of the dispute in the insolvency jurisdiction which must necessarily refer to a trial winder section 7, as under section 36 of the act even by agreement of parties an adjudication of a disputed claim is not possible two questions were raised before the full bench. one was ..... the pull bench in official assignee, madras v. narasimha mudaliar : air1929mad705 , that the present applications do not he the respondent having been examined under section 36, presidency towns insolvency act and that suits must be filed. this objection seems to me to be based on a misunderstanding of the observations in the case referred to. when .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-12-1949
Reported in : AIR1950All244
..... revenue has not been divided as between the various numbers, but that circumstance is wholly immaterial in view of she definition of 'imperfect partition' already quoted from section 106, land revenue act. in an 'imperfect', partition all the co-sharers of the mahal remain jointly responsible for the payment of the entire land revenue. what we have to ..... the plaintiffs should have been held to have had preferential right as against the vendee. i am of opinion that this contention is sound.5. section 12 of the agra pre-emption act runs as follows:'(1) persons of the following classes shall be successively entitled to exercise the right of pre-emption;. class 1--where the interest ..... the mahal. the words 'sub-divisions' or divisions of a mahal have not been defined in the pre-emption act, nor have they been defined in the land revenue act. the word 'division' is used in section 106, land revenue act, where 'partition' is defined as follows:'partition means the division of a mahal or a part of a .....
Tag this Judgment!Court : Chennai
Decided on : Oct-11-1949
Reported in : AIR1950Mad492
..... for the same reason, appeal against an adverse order under section 8(2) of that act (section 75 of act v (5) of 1920) is, we think, erroneous and must be overruled. if there is a flagrant case of a sale by the receiver ..... v. official assignee madras : air1926mad556 in so far as it laid down that the insolvent could, in no circumstances, apply to the court under section 86, presidency towns insolvency act (section 68 of the act v (5) of 1920) to set aside a sale by the official assignee because he had no legal interest in the estate and could not, ..... parry j. and adopted by the court of appeal : 'on the wife being adjudicated bankrupt, all her property passed to and vested in the official receiver under section 58, bankruptcy act, 1914. thereafter only the trustee could deal with the property; only he could effectively complain against the mortgagee; only he could settle accounts with the mortgagee. the .....
Tag this Judgment!Court : Chennai
Decided on : Oct-11-1949
Reported in : AIR1950Mad369
..... the minor agraharamdar.4. the question for decision is whether this item of 7 acres 33 cents would come under the definition of 'estate' as defined in section 8(2)(d), madras estates land act. section 3 (2) (d) includes in the word 'estate,' any inam village of which the grant has been made, confirmed or recognised by the british government, notwithstanding that ..... of the inam village of sankarshanapuram. i am therefore of opinion that the suit properties are not properties which come under the definition of an inam in section 3 (2) (d), madras estates land act. it is pointed out, and it is also referred to in the judgment of the lower appellate court, that an unreported decision of this court in ..... judges whose decisions i have cited before. it seems to be in consonance with the language and the meaning of an inam village included an 'estate' as de fined in section 3 (2) (d), madras estates land act. in the result the revision petitions are dismiss ed with costs--one advocate's fee.
Tag this Judgment!Court : Punjab and Haryana
Decided on : Oct-11-1949
Reported in : AIR1950P& H159; 1950CriLJ747
Kapur, J.1. This is an appeal by Amru, aged 18, who has been convicted and sentenced to transportation for life by the Additional Sessions Judge, Jullundur.2. On 23rd June 1944, at about sunset, Amru convict and Ratan Singh attacked the deceased Bhola near the shops of Chhaju and Bebari, who are prosecution witnesses in this case, using a kirpan and a barchha. Bhola had as many as 24 injuries and according to the doctor he must have died almost instantaneously. The first) information report was lodged by Sucheta a bro- ther of the deceased, on the same day at about 11-30 p. M. Ratan 8ingh was arrested but Amru absconded. Ratan Singh was tried and sentenced to death and that sentence was confirmed by the High Court at Lahore. Amru was arrested later on and he was put up for trial before the learned Additional Sessions Judge of Jullundur and was convicted as I have said before and sentenced to transportation for life.3. The motive for the crime is stated to be the gift by a widow Mahan K...
Tag this Judgment!Court : Allahabad
Decided on : Oct-10-1949
Reported in : AIR1950All227; [1950]18ITR95(All)
..... it under some usage. but whatever might have been the position before, now the position has been perfectly clarified by the amount having been fixed under section 4, sub-section (3), clause (e), muslim waqfs act as the pay of the mutawalli. under that clause the commissioner of waqfs is required to fix the pay of the mutawalli of each waqf if the ..... malik, c.j.1. this is a reference under section 66 (1), income-tax act by the income-tax appellate tribunal, allahabad.2. there is an ancient waqf in gorakhpur, known as the imambara waqf. the history of the waqf has been briefly set out ..... waqf is not exempt under section 2. section 2 relates to waqfs, which are known as private waqfs. in this case learned counsel for the assessee has given us the fact .....
Tag this Judgment!Court : Chennai
Decided on : Oct-10-1949
Reported in : AIR1950Mad243
..... , king-emperor v. benoari lal sarma .'the second objection has attracted more support, but is, in their lordships' opinion, equally unfounded. it is undoubtedly true that the governor-general acting under section 72 of schedule 9 must himself discharge the duty of legislation there cast on him, and cannot transfer it to other authorities. but the governor-general has not delegated his ..... legislative power which might be justified by the decisions of the judicial committee in empress v. burah, 4 cal 172: 5 i. a. 178 p. c., hodge v. the queen, (1884) 9 a. c. 117: 53 l.j. p. c. 1 and powell v. apollo candle co., (1885) 10 a. c. 282 : 54 l. j. p. c. 7. the test laid ..... be found in the case of the queen v. burah, 4 cal. 172 : 3 a. c. 889: 5 i. a. 178, lately before this board.'in hodge v. the queen, (1884) 9 a. c. 117 : 53 l.j. p. c. 1, the power of a local legislature to entrust to a board of commissioners under the liquor license .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-10-1949
Reported in : AIR1950All312
..... has not been closed.' 8. i have also been referred to the report of the select committee in connection with the criminal procedure code amendment act, 1982, (xxi of 1932) by which sub-section (8) of section 526, criminal p. c., was amended. in that report the committee observed :'we think that provision should be made for compulsory adjournment ..... before the arguments begin' but have reference to the stage when the defence evidence has been concluded. however, whatever interpretation may be given to sub-section (8) of section 526, criminal p. c., it would be quite unreasonable for anyone to suspect that the action of the learned magistrate in not adjourning the case on ..... disposed of, however, indicates that he had no desire to prejudice him in any way.7. the question whether an application for adjournment under sub-section (8) of section 526, criminal p. c., is entertainable after the defence witnesses have been examined and before the close of the arguments was considered in a patna case .....
Tag this Judgment!Court : Kerala
Decided on : Oct-10-1949
Reported in : AIR1950Ker14; 1950CriLJ658
..... that they will not follow and with the belief that the actor has taken sufficient precautions to prevent the happening of such consequences. similarly culpable negligence is acting without the consciousness that dangerous consequences will follow, but in circumstances which show that the actor has not exercised the caution that was incumbent on him. ..... , the learned judge of the court below held that the accused driving as he did as such speed in dangerous proximity to the moving pedestrain was acting both rashly and negligently with fatal consequences to sridbaran pillai. sridharan pillai was aocording to the jude frightened by the car with bright headlights coming towards ..... human life and of having oaused the death of sridharan pillai by his rash and negligent act of driving. these ar& offences falling under s3.377 and 304, travancore penal code. the appellant was found guilty under both the sections and he was sentenced to undergo rigorous imprisonment for six months and to pay a fine .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-07-1949
Reported in : AIR1950All196
..... the benares hindu university is the universal legatee and would, therefore, be entitled to a grant of letters of administration under section 232, succession act, unless debarred by section 386 of the act.7. section 236 of the act is as follows : 'letters of administration cannot be granted to any person who is a minor or is of unsound ..... opinion that the benares hindu university as the universal legatee was entitled to the grant of letters of administration with a copy of the will annexed. section 236, succession act is, to our minds, no bar to the grant of letters of administration as the benares hindu university is neither an association of individuals; ..... application for letters of administration was dismissed by the learned single judge on the ground that the benares hindu university was an association of individuals and section 236, succession act, therefore, was a bar to the grant of letters of administration to the benares hindu university. the learned judge was also of the opinion .....
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