Court : Kolkata
Decided on : Aug-18-1949
Reported in : AIR1950Cal559
..... due from the parsons named in the petition for probate were realised and if so, when. no inventory or account which was required to in filed under section 317, succession act, by the executrix, has been produced.24. the testamentary expenses would be a fairly large sum. the pecuniary legacies which would be payable under the will ..... of the power of disposal enjoyed by an executor at the relevant dates. the law was at that date, contained in section 269, succession act (x [10] of 1865). the section, practically corresponds to section 307 of the present succession act, xxxix [39] of 1925. in the present case, the will and codicil do not impose any restriction on the powers ..... effect necessary repairs and to effect improvements which are reasonable and proper. for such purposes, he can charge the estate.42. in marguis of bute v. rydar, (1884) 27 ch. d. 196 where the trustees under the will of the plaintiff's father employed a large annual surplus of income to the payment of improvements it was .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-18-1949
Reported in : AIR1950All76
1. The answer of the Full Bench is to the effect that the self, acquired property of a Hindu father which his sons, who were joint with him, got on his death is in their hands joint family property and as between the sons and their descendants it is subject to all the incidents of a coparcenary. In our order of reference dated 12th April 1948, we held that Mt. Ram Dei defendant, had neither a right of residence nor the right of maintenance in the property which was the subject-matter of transfer by Ram Kumar to plaintiffs 1 and 2. This appeal must, therefore, fail on both the grounds urged before the Bench at the time of the hearring in 1943.2. The learned counsel for the appellant, however, now seeks further to challenge the sale made by Ram Kumar in 1940 in favour of plaintiffs 1 and 2 on the ground that it was not supported by legal necessity or by any antecedent debt. We are somewhat disinclined to permit fresh contentions being raised at this stage of the case. We prefer, however,...
Tag this Judgment!Court : Chennai
Decided on : Aug-17-1949
Reported in : AIR1951Mad625
..... to be a member of the family has no separate or independent rights de hors the family towards third parties. this conception of hindu law is recognised by section 3 (i) of the act where a person is defined as including an undivided hindu family. a decision of a bench of this court in venkatakutumba rao v. veerabhadrudu : (1943)1mlj211 ..... the real question, therefore, is, what was the sense in which the legislature used the words 'undivided hindu family' in the definition of a person in section 3 (i) of the act. clearly the reason for treating an undivided family as a person was not the historical origin of the family nor the future devolution of property on the death ..... the members of a formerly undivided mitak-shara family after the passing of a preliminary decree for partition are not an association of individuals within the meaning of section 3 of the act. whatever might be said in the case of an assessment on a group of persons it is impossible to say that, when a family whether divided .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-11-1949
Reported in : AIR1950All69
..... whether he did in fact tender such advice and whether the advice was accepted by the governor. here we are again faced with a statutory bar since section 51 (4), constitution act provides;'the question whether any and, if if so what, advice was tendered by ministers to the governor shall not be inquired into by any court.'16 ..... it is stated that the hon'ble shri lal bahadur sastri, police minister, directed the issue of the order. under the rules made by the governor under section 53 (3), constitution act, it is the minister-in-charge of the portfolios of police and transport, consisting of the departments of police, home affairs and confidential matters relating to ..... would be no wrong recital if this was what was actually stated; it would merely be a recital in a form prescribed by statute.11. further, section 59 (2), constitution act provides: 'orders and other instruments made and executed in the name of the governor shall be authenticated in suck manner as may be specified in rules to .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-11-1949
Reported in : AIR1950All49
..... to that effect. apart from that, a mortgagee does not pay land revenue or local rate on his own behalf bat merely as an agent of the mortgagor. under section 76, t. p. act, act iv [4] of 1882, a mortgagee in possession, in the absence of a contract to the contrary, is liable to pay government revenue and all other charges ..... , then a mortgagee by reason of his paying local rate as mortgagee would not be entitled to claim the benefit of the u. p. agriculturists' belief act. according to section 199, agra tenancy act of 1926, a thekedar is a farmer or other lessee of the proprietary rights in land. this definition would not include a mortgagee or a lessee of ..... is said that if no interest had accrued due, then the payments must be taken to be payments towards the principal. we are not concerned with the interpretation of section 39 of the act and it is not, therefore, necessary for us to express any opinion. apart from the fact that, in our view, the interpretation placed by the lower court .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-11-1949
Reported in : AIR1950All88
..... did not put an end to the right of redemption. it was drawn up in accordance with the language of section 92, t. p. act, which provided for a preliminary decree for redemption in a mortgage suit. that section laid down that a court passing a preliminary decree for redemption shall order:'that if such payment is not made on ..... claim was not barred by limitation before passing a decree for redemption. in making an order for redemption, without recording this definite finding, the lower appellate court has acted illegally and with material irregularity in the exercise of its jurisdiction. a definite finding, one way or the other, on the point whether the claim was barred by ..... court, the plaintiff shall (unless the mortgage be simple or usufructuary) be absolutely debarred of all right to redeem the property ......'the preliminary decree, according to section 92, was thus to provide that the plaintiff shall be debar-red of all right to redeem the property on the happening of a certain contingency .....
Tag this Judgment!Court : Mumbai
Decided on : Aug-11-1949
Reported in : AIR1950Bom221; (1950)52BOMLR29
..... to consider what is the connotation of the expression 'import' which was incorporated in the preamble by this amendment. when this section was passed, the definition of 'import' that appeared in the abkari act was as defined in section 3 (10), viz., to import means to bring into the province, otherwise than across a customs frontier as defined by the ..... that the provincial government was never given any right to deal with imports.8. mr. gauba then draws our attention to section 3 of act vi [6] of 1940 which amends the preamble of the then existing abkari act and by which amendment it was provided:'and whereas in order to promote, enforce and carry into effect the policy of ..... chagla, c.j.1. this is an appeal from an order passed by the learned presidency magistrate 5th court, bombay, convicting the accused under section 43 (1), abkari act and sentencing her to rigorous imprisonment for three months and a fine of rs. 500, in default, rigorous imprisonment for six weeks. the accused was charged .....
Tag this Judgment!Court : Chennai
Decided on : Aug-11-1949
Reported in : AIR1950Mad151
..... of the country as they have evolved at the time courts are called upon to interpret it. it would not be stretching the language of section 100 far to hold that the framers of the act visualised a time in the future when the customs and manners of the country would so change that they could not be regarded as in any ..... which no court has power to refuse and applies to parties as well as to witnesses. that decision went to the length of holding that the words 'personal appearance' under section 132 meant personal attendance in court. the same view has been taken by cammainde and ghose jj. in rahimanessa bibi v. s.k. halim : air1928cal814 . there is no bench ..... the privilege she is entitled to.' the ground on which the privilege was sought to be taken away was the fact that the hindu lady had appeared in court in 1884, where she was examined in a palki as a result of which she was outcasted. stanley j. expressed himself averse to granting commissions for the examination of witnesses not .....
Tag this Judgment!Court : Chennai
Decided on : Aug-10-1949
Reported in : AIR1951Mad242; (1950)2MLJ247
..... to the zamindar had been attached and this amount was utilised for raising the attachment, we are of opinion that this debt comes within the ambit of section 4, impartible estates act.12. our conclusion, therefore, is that out of the amounts claimed by the plaintiff in this suit, the amounts due under the promissory notes to sambayya ..... sum of rs. 1100 in favour of one purushotham. the object with which this money was borrowed was for paying off the peishkush due from the estate section 6, impartible estates act, prohibits the incurring of any debt by making the estate liable for paying of land revenue due to the government, unless the zamindar had first obtained ..... he represents the estate in other proceedings in which he has no personal estoppel against third parties is a real one; and wa are of opinion that section 4, impartible estates act, clearly enunciates this view. for purpose of our present case, it has to be said that an impartible estate-holder stands on an equal footing with .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-10-1949
Reported in : AIR1950All106
..... the application of the principle of res judicata in this case. it seems to me, however, that when the appellants claimed reduction of interest under section 30, agriculturists' relief act, it was the duty of the respondents to object and point out to the court that the transaction did not amount to a loan and, therefore ..... appear from the, judgment of the munsif that there was some amendment under the agriculturists' relief act at some time. however, if the amendment was under section 5, agriculturists' relief act, it would not help the appellants because under that section all that is required is that the judgment-debtor should be an agriculturist, it is not necessary ..... a decree was obtained by the plaintiff. when it was being put in execution, the defendant objected and prayed for reduction under section 30, u. p. agriculturists's relief act, xxvii [27] of 1934. under that section relief of interest can only be granted to an agriculturist where the transaction is a 'loan' as defined in that .....
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