Court : Mumbai
Decided on : Sep-19-1949
Reported in : AIR1950Bom260; (1950)52BOMLR294
..... decree to the collector the judgment-debtor made an application to the court which passed the decree, for payment of the decree by instalments under section 11, central provinces money-lenders act. the court entertained the application and ordered the stay of the proceedings before the collector. the stay order, however, was not communicated to ..... c. the sale was held by the collector but before it could be confirmed, the judgment-debtor made an application to the court under section 5, united provinces agriculturists' relief act and prayed that the execution proceedings may be recalled from the collector. the court entertained the application and sent an order to the collector ..... to an order passed by an executing court in respect of the stay of execution by the collector. when the proceedings are transferred to the collector under section 68, civil p. c., the collector gets jurisdiction to proceed with the sale in accordance with the directions contained in schedule iii, civil p. c. .....
Tag this Judgment!Court : Chennai
Decided on : Sep-16-1949
Reported in : AIR1950Mad276
..... the ground that it is not pressed. reliance was also placed by the learned counsel for the respondent on the authority of ex-parte poulton and son; in re copyright acts, (1884) 53 l. j. q b. 320: 32 w. r. 648, in support of his contention that his client may well be regarded as a person aggrieved. i am ..... months of an order of the district collector dismissing as with-drawn an appeal preferred by the respondent before me against an order of the collector acting under section 44 b, madras hindu religious endowments act holding that the inam in question consisted only of the melwaram, the respondent filed the suit out of which this second appeal arises for a ..... said to have decided the appeal, as these two words 'aggrieved' and 'decided' used in the proviso to sub-clause (ii) |of clause (d) to sub-section (2) of section 44-b of the act ought to be understood. says the learned counsel, the plaintiff chose not to press the appeal to the district collector which did not therefore go to a .....
Tag this Judgment!Court : Chennai
Decided on : Sep-16-1949
Reported in : AIR1950Mad284
..... separate contracts of lease and hire is to destroy, it altogether. mr. ramchandra iyer argued that the furniture which was covered by the lease fell within the definition of section. 2 of the act. we do not agree. the observations of the learned judges in app. no. 590 of 1945 (patanjali sastri and bell jj.) in dealing with the plant, ..... the general law in accordance with the agreement between the parties, the only question to be considered was whether there was a default within the meaning of section 7 (2) (i) of the act. as there was clearly such a default he found that the lessees were liable to be evicted. he overruled their plea that the arrears of rent ..... contract is entered into between a landlord and tenant giving the tenant larger rights and greater privileges than those conferred on him by the act. in the present case though under section 7 (2) (i) of the act the landlord may be entitled to apply for eviction even when there was default in payment of a month's rent, the lease .....
Tag this Judgment!Court : Kolkata
Decided on : Sep-16-1949
Reported in : AIR1950Cal179
Das Gupta, J.1. The principal question for decision in this appeal is whether the Dikshaguru of a Hindu not being the person who invested him with the sacred thread is his heir, on failure of other heirs. The appeal is against the decision of a Probate Court, allowing an application for revocation of a probate that bad been granted of a will of one Manmatha Nath Mandal, who will be later referred to simply as Manmatha. Manmatha died in July 1933, leaving his widow Manada Bala Dassi hereinafter referred to as Manada. Manada died in 1945. Disputes arose over properties left by Manmatha, after the death of Manada, between purchasers from Pachkari Bhuian who sold as a guardian of Gokul said to have been adopted by Manmatha and the purchaser from Janaki Nath Chakravarti who claimed to be Manmatha's heir on the death of Manada, on the ground that he was Manmatha's 'Dikshaguru'. On 23rd August 1945, Panchkari Bhuian applied for Probate of a will said to have been left by Manmatha. He stated t...
Tag this Judgment!Court : Kolkata
Decided on : Sep-15-1949
Reported in : AIR1950Cal140
..... cannot be supported and it is against two decisions of two benches of this court in cases under the old calcutta municipal act, section 449. the words of section 449 of the old act and section 363 of the present act so far as this matter is concerned are exactly the same. in both these cases, it was held that the magistrate was ..... brought to the notice of the corporation or the executive officer. he points out that in this case if the proceedings are considered to be one under section 493, calcutta municipal act, the learned magistrate had no power to inflict any fine on the petitioner because the proceedings were started more than three months after 10th january 1948 when ..... and he suggests that the case should be sent back to the municipal magistrate with a direction that he should deal with it under the provisions of section 363, calcutta municipal act.8. in my opinion, having regard to the law as it stands, the magistrate had no jurisdiction to treat the application as being one under .....
Tag this Judgment!Court : Mumbai
Decided on : Sep-15-1949
Reported in : AIR1950Bom77; 1950CriLJ662
..... was no compliance with that order even on 28th september 1943 and it follows that when the appellate magistrate summarily dismissed the appeal, he could not have acted under section 431, criminal p.c., because that section postulates the perusal of a copy of the judgment. this was the view of bennet j. in emperor v. bansgopal : air1934all206 in which he made ..... 288: 30 cri l. j. 749 that where a criminal court dismisses an appeal for default of appearance, it is not a judgment and that the judgment contemplated by section 869 is a decision on the merits.8. on this view with which i am in respectful agreement, the appellate magistrate's order in the present case may be regarded ..... appeal was due to the non-filing of the judgment for the reason that the appellate magistrate made no reference of any kind to the merits of the appeal.7. section 419, criminal p.c. lays it down that every petition of appeal shall, unless the court to which it is presented otherwise directs, be accompanied by a copy .....
Tag this Judgment!Court : Himachal Pradesh
Decided on : Sep-15-1949
Reported in : AIR1950HP18
..... and correctly held as relevant, though the defence and not the prosecution produced it.28. the question as to its admissibility is either covered by section 21 (2) or by section 8, evidence act. 29. section 21 (2), evidence act, provides : 'admissions are relevant and may be proved as against the person who makes them, or his representative in interest; but they cannot be ..... he has referred to the well known cases of (i) woolmington v. director of public prosecutions, (1935) a. c. 462 : (104 l. j. k. b. 433), (ii) r. v. rose, (1884) 15 cox. c. c. 640 and (iii) r. v. schama, (1914) 84 l. j. k. b. 396: 11 cri. app. rep. 45.56. in woolmington's case, (1935 a. ..... of all the evidence, are left in a reasonable doubt whether, even if his explanation be not accepted, the act was unintentional or provoked, the prisoner is entitled to be acquitted.' (the underline [here italicized] is mine).57. in r. v. rose, (1884-15 cox, c. c. 540), it was held as follows:'homicide is excusable if a person takes away .....
Tag this Judgment!Court : Chennai
Decided on : Sep-15-1949
Reported in : AIR1952Mad790; (1952)IIMLJ141
..... judgment had been written and signed by him, the case has reached beyond the stage of trial. even so the succeeding magistrate had a discretion under clause (1) to section 350 to act or not, on the evidence recorded by his predecessor. the procedure is left purely to the discretion of the magistrate which is different from the right which the accused ..... order xx rule 2 c.p.c. as instances of modification in-troduced in the civil procedure code, and similarly he refers to section 350 crl.p.c. as a modification introduced in the criminal procedure code, under section 350, a successor is permitted to act on the evidence recorded by the predecessor or partly recorded by him. but there is no corresponding provision relating to sessions .....
Tag this Judgment!Court : Orissa
Decided on : Sep-13-1949
Reported in : AIR1950Ori47
..... undoubtedly be 'taxes' but 'fees' seem to stand on a different footing. though 'fees' have nowhere been defined in the government of india act, in sub-section (2) of section 37 and sub-section (2) of section 82 it is clearly indicated that fees for license or fees for services rendered should not be deemed to be taxes and any bill containing, ..... products sales adjustment committee v. crystal dairy ltd., 1933 a c. 168: (102 l. j. p. c. 17) and reference under the government of ireland act, 1920 and section 3, finance act, (northern ireland, 1934, 1936 a. c. 352. these cases while no doubt showing that compulsion is an essential feature of taxation, do not show that it is ..... his contributions is in fact taxation it is not necessary finally to decide.'23. mr. basu then relied on in re a reference under the government of ireland act, 1930 and section 3, finance act (northern ireland) 1934, (1936) a. c. 352. but that decision is of no help in deciding the main question in she present case. there .....
Tag this Judgment!Court : Allahabad
Decided on : Sep-13-1949
Reported in : AIR1950All266
..... i am certainly opposed to treating a revision application as an easy substitute for an appeal under section 417. i am not impressed by the distinction between a case of a personal nature in which the provincial government is not likely to be so interested as ..... from him a sewing machine at calcutta. but the opposite party neither bought the machine nor returned the money to the applicant. the applicant thereupon prosecuted him under section 406 and succeeded in the trial court but not in the sessions court. the defence of the opposite party in both the courts was that the applicant had paid ..... of revision what it can do only on appeal. i cannot go to the extent of saying that a high court should not act in revision at all because the remedy of an appeal under section 417 is open as that would amount to legislating by denying the power of interference with acquittal and revision which undoubtedly exists. but .....
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