Court : Allahabad
Decided on : Jul-26-1949
Reported in : AIR1950All97
..... debts must be ranked inter se within the same class. the observations simply mean that they can be ranked without difficulty, but whether such ranking would come under section 16, encumbered estates act has not been considered because the actual question did not arise. it may be mentioned here that the same question did not arise in either of the two other ..... the appellants is that the debt due to them should have been given priority in class 4 over the debts due to the other mortgagees in view of section 48, transfer of property act. we are not inclined to agree with this contention.3. the cases of sant prasad v. dallu sahu, 1947 a. l. j. 176 and makhan lal v. keshabdeo ..... in madan lal v. chhotey lal, civil revn. no. 273 of 1946 by a bench of which one of us was a member, and it was observed in that case :'section 16 of the act does not indicate any principles on the basis of which each individual debt should get a definite place for itself in order of priority. except for .....
Tag this Judgment!Court : Privy Council
Decided on : Jul-25-1949
Reported in : AIR1950PC10
..... implicating the accused, or by proof aliunde, that the crime charged was committed by someone; so that satisfaction of the requirements of s. 235 (the section in the south african act corresponding to s. 231 in basutoland) does not sufficiently protect the accused against the risk of false incrimination by an accomplice. the risk that he may ..... basutoland at the time when this order took effect should continue in operation until repealed or altered by proclamation of the high commissioner. on 39tb may 1884, the high commissioner made a proclamation. article 12, of which is as follows : "in all suits, actions, or proceedings, civil or criminal, the law to ..... provide for the disannexation of basutoland from the colony. that bill was reserved for the signification of her majesty's pleasure thereon, and on the 2nd february, 1884, by order in council it was provided inter alia that basutoland should again come under the direct authority of her majesty and that all laws in force in .....
Tag this Judgment!Court : Kolkata
Decided on : Jul-22-1949
Reported in : AIR1950Cal85,54CWN139
..... taken by rankin j. in the case of in re kalipada mukherji : air1930cal686 , was held to have become obsolete in view of the amendment of section 17, court-fees act by section 12, bengal act, (act vii [73 of 1935), 1935.15. the answer to the question formulated really depends on the meaning of the word 'relief' occurring in that clause ..... was recognised in the case of narayangunj central co-operative sale and supply society ltd. v. mafizuddin ahmed : air1934cal448 , and is now embodied in section 7(4)(c), court-fees act as amended by section 7 (2), bengal act, (act vii [7] of 1935), 1935. as pointed out, however, in the case of star trading and investment ltd. v. ashutosh mukerjee : ..... put a valuation as best as it can in the circumstances of each particular case.13. coming to the third question, the material provision is section 17(2), court-fees act which runs as follows:''where more reliefs than one based on the same cause of action are sought either jointly or in the alternative, the fee .....
Tag this Judgment!Court : Chennai
Decided on : Jul-22-1949
Reported in : AIR1950Mad140
..... as claimed in the plaint but that defendant 6 was only living with his daughter to manage her estate and he had no intention, nor did he, by any overt act, agree to renounce his share. the learned subordinate judge also considered the same evidence in sufficient particularity of detail. in para. 13 of his judgment, he considers the evidentiary value .....
Tag this Judgment!Court : Privy Council
Decided on : Jul-18-1949
Reported in : AIR1949PC319
..... determination in this appeal is, whether the appellants representing the other branch of the mortgagor family are also entitled to relief as agriculturists. [3] section 3, sub-s. (2) of the act defines agriculturist as meaning a person who (a) "has a saleable interest in any agricultural or horticultural land in the province of madras, not ..... free of tax under a grant made, confirmed or recognised by government"; the other clauses of the definition are not relevant, but there are four provisos to this section which restrict the class of agriculturists. provisos "c" and "d" are relevant and are in the following terms: - provided that a person shall not be ..... 1937, been assessed to property or house tax in respect of buildings or lands other than agricultural lands, under the madras district municipalities act, 1920, the madras city municipal act, 1919, the cantonments act, 1924, or any law governing municipal or local bodies in any other province in british india or any indian state, or under .....
Tag this Judgment!Court : Himachal Pradesh
Decided on : Jul-15-1949
Reported in : AIR1949HP7
..... the learned counsel that the above observation is without foundation. there are certified copies of public documents admissible under section 74, evidence act. there are other documents which are admissible under sub-section (5) of section 32 of the same act. lastly, there are documents which have been proved by witnesses, for example, batwara or the partition deed of ..... ram rup . i think that this plea of limitation must be allowed. once the partition has been proved, shares defined in the revenue record and parties have acted or dealt with their respective shares, for nearly twenty years, the plaintiffs cannot be heard to say that the family still continues joint.23. i may finally ..... the court of raja sahib for partition and raja sahib's order fixing the shares and dividing the property and registering the names in revenue records and acts and dealings with the respective property falling into the share of the parties, for nearly twenty years, there can be one and only one conclusion that .....
Tag this Judgment!Court : Mumbai
Decided on : Jul-14-1949
Reported in : AIR1950Bom227; (1950)52BOMLR138
..... on their lands having no compound wall, rule 85, bombay land revenue rules, 1921, can have no operation and therefore the only governing statutory provision was contained in section 48, sub-sections (1) and (2), bombay land revenue code, 1879, under which the liability of the occupant must be limited to the area actually built upon.6. the ..... actually built upon is liable for non-agricultural assessment seems to be unjustified on the words of section 48, land revenue code. sub-section (1) of section 48, land revenue code, provides :'the land revenue leviable on any land under the provisions of the act shall be assessed, or shall be deemed to 'have been assessed, as the case may be ..... , with reference to the use of land (a) for the purpose of agriculture, (b) for the purpose of building, and (c) for a purpose other than agriculture or building.'now this section imposes a liability and .....
Tag this Judgment!Court : Allahabad
Decided on : Jul-14-1949
Reported in : AIR1950All150
..... the case be sent back to the additional sessions judge of kheri who will re-hear the appeal and if it is necessary to admit any evidence, he will act in accordance with section 428, criminal p. c. if the learned judge finds that the evidence adduced falls short of bringing home the knowledge to the applicants, that an order prohibiting export .....
Tag this Judgment!Court : Chennai
Decided on : Jul-13-1949
Reported in : AIR1950Mad27
..... or comments on published news or any matter described in sub-section (1) of section 4 of the act without obtaining the necessary permission of the magistrate under section 16. sub-section (1) (d) of section 4 does not mention anything about the intention or motive in publishing such words etc., but ..... evidence on record may be inadequate to convict the appellant. but the matter before me now is different. in my opinion, in prosecutions under section 18, press (emergency powers) act, the prosecution need only prove that a document other than a newspaper has been intentionally made and published and that it contains either published news ..... the document in question was not a newspaper and did not contain public news or comments on public news but contained matters covered by section 4 (1) (d), press (emergency powers) act, that is, matters which tend directly or indirectly to bring into hatred or contempt his majesty or the government established by jaw in .....
Tag this Judgment!Court : Chennai
Decided on : Jul-13-1949
Reported in : AIR1950Mad95
..... poromboke on the one hand and communal poromboke such as burning grounds, threshing floors and the like on the other, or with the tenor of section 3, sub-section (16), madras estates land act which from the definition of 'ryoti land' separately excludes beds and bunds of tanks and of supply, drainage surplus or irrigation channels, in clause ..... the first contention of the learned government pleader must accordingly be repelled. 5. the learned government pleader's second contention that the suit is barred by section 189, madras estates land act might, at first sight, seem sound; but must, in my opinion, go the same way as the first. the principles in the light of which ..... made to him by defendant 1 after its conversion into ryotwari land as the result of an order of the district collector of tanjore under section 20a, madras estates land act dated 31st july 1944 which held that the street was one which had existed from before the permanent settlement, that the reversionary right to it .....
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