Court : Chennai
Decided on : Apr-12-1949
Reported in : AIR1950Mad63
..... that at any time after the receipt of the reference by the society, either the registrar or the deputy registrar decided under clause (c) of sub-section (2) of section 51 of the act, to refer it for disposal by arbitration. obviously, if there had been such a decision, the reference must have been made either to a single arbitrator ..... arbitrator or arbitrators. the rules prescribe that where on receipt of a reference under sub-rule (1) the registrar decides under clause (c) of sub-section (2) of section 51 of the act, to refer it for decision by arbitration, a reference shall be made either to a single arbitrator appointed by the registrar or to a body of ..... claim for rs. 8963-5-7 alleged to be due and owing to the society by the petitioner. this claim was apparently made under section 61, madras co-operative societies act, act vi [6] of 1932, sub-section (1) of which says that if any dispute touching the business of a registered society arises inter alia between the society and its officers .....
Tag this Judgment!Court : Kolkata
Decided on : Apr-12-1949
Reported in : AIR1951Cal262
..... . adya nath, a. i. r. (31) 1944 pat. 77 : (22 pat. 513) as an authority foe the contrary proposition. there a notice of forfeiture of a lease under section 111(g), t. p. act seems to have been held to be a condition precedent. with great respect i am unable to agree if such was the decision. the learned judges give no ..... be liable to compensate the holder in case of dishonour 'provided due notice of dishonour has been given to, or received by, the drawer as hereinafter provided.' sections 91 to 98 of the act lay down the provisions relating to the manner of the giving of the notice of dishonour and the cases where the giving of the notice is excused. the ..... duty which has been cast upon courts so that substantial justice may be done for which alone courts exist. in the words of bowen l. j. in cropper v. smith, (1884) 26 ch. d. 700 at pp. 710-11,'now i think it is a well established principle that the object of courts is to decide the rights of the parties .....
Tag this Judgment!Court : Kolkata
Decided on : Apr-12-1949
Reported in : AIR1952Cal422
..... . amongst other things they are importers & distributors of eno's fruit salt, germolene and brylcream. it is said that on 14-5-1948, they received an order from messrs. section n. siddique & sons of 2 waterworks road - dacca for the supply of 100 cases of eno's fruit salt, 50 cases of germolene and 50 cases of brylcream by a ..... through the instrumentality of amal that das gupta succeeded in occupying the room at 5/1, bindu bashini street. the defence suggests that amal's surrender was another friendly act intended to shield sudhangsu. it is unnecessary for us to pursue this matter any further.14. the test identification parade held on 17-6-1948 was only in respect ..... we only desire to state that even on his own evidence it was incumbent on him to insist on the production of the certificate of registration under the sales tax act which he did not do.19. from all these circumstances the inference is not unreasonable that sopher & his employees were not victims of a foul conspiracy to cheat as .....
Tag this Judgment!Court : Himachal Pradesh
Decided on : Apr-11-1949
Reported in : AIR1950HP35
..... two accused, bhagi and bholar 13. the learned judge was not correct in using the confession of moti against two other accused, bhagi and bholar. section 30, evidence act provides: 'when more persons than one are being tried jointly for the same offence, and a confession made by one of such persons affecting himself ..... if it were not retracted, could not be used against the two other accused, bhagi and bbolar, under section 30, evidence act. i, therefore, hold that neither the statements under section 164, criminal p. c., nor the confession of moti could be taken into consideration to determine the guilt of the appellants. ..... he was ultimately acquitted of that charge and convicted under section 411, penal code. 16. i, therefore, find that all the three accused were not charged under section 460, penal code. moreover, moti was never charged under section 302 or section 467, penal code. therefore, section 80, evidence act, does not apply and the confession of moti even .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Apr-09-1949
Reported in : AIR1950MP9; 1950CriLJ655
..... that an order for his release from custody be made as it was illegal and improper. immediately after the application had been made another communication under section 5 of the act stating the grounds of his detention was sent to the petitioner by the district magistrate. the grounds furnished this second time were couched in these terms: ..... some of his friends.3. these are the brief facts of the case. i may say at once that what purported to be grounds under section 5, maintenance of public order act and which were communicated to the petitioner on 24th march are no grounds at all. they are mere generalisations stating the effects which are likely ..... march 1949 the applicant was arrested by the deputy superintendent of police, indore city, by the order of the district magistrate, indore district, made under section 3(2), maintenance of public order act (vil [7] of 1949). on 24th march were communicated to the applicant the grounds on which the order had been made against him as required .....
Tag this Judgment!Court : Kolkata
Decided on : Apr-08-1949
Reported in : AIR1952Cal40,[1951]19ITR571(Cal)
..... a consideration of these authorities it came to the conclusion that the syndicate was in fact carrying on business and therefore was liable to pay the tax under section 4 of the act. the tribunal considered the purpose for which this syndicate came into existence. it points out that it came into existence for the purposes of acquiring and ..... in that case it was held that a company owning house property and carrying on the activities of letting such houses is liable to income-tax under section 9 of the indian income-tax act, 1922, in the same way as a private individual owning such property. in that case the facts were that the assessee was a registered company ..... by a limited company or by an incorporated society the net profit could be regarded as profits for the purposes of excess profits tax act by reason of the proviso to section 2 (5) of the act. but being neither a company nor an incorporated society, the net profit cannot be regarded as the profits of business and therefore they .....
Tag this Judgment!Court : Kolkata
Decided on : Apr-08-1949
Reported in : AIR1952Cal391
..... advance which may be the agreement of parties.12. the construction which i adopt is in accord with the definition of the word 'rent' under section 105, t. p. act. rent under section 105, t.p. act means a consideration of a price paid or promised or of money, etc., 'to be rendered periodically or on specified occasions.' one of the ..... rent but in fact in the nature of security for payment of such periodic sum.11. if this were not the construction then while under sub sections (a) & (b) of section 14 of the act, the tenant will obtain immunity from ejectment by paying only the standard rent (which can be a monthly concept as a reference to the statute & ..... rent' arises in this case. in my opinion on a proper construction the words 'the rent agreed upon between the landlord & the tenant' in the context of section 14 of the act & particularly having regard to the question of standard rent stated therein mean the specific & periodic sum that is payable by the tenant & does not mean deposits or .....
Tag this Judgment!Court : Himachal Pradesh
Decided on : Apr-08-1949
Reported in : AIR1950HP1
..... sale in execution of a decree is duly confirmed by an order of the courtand has become absolute under rule 92 of order 21, civil p. c., an application under section 47, civil p. o, does not lie, the only remedy is by way of a suit: ramasami konan v. kulandaivelu pillai, a. i. r. (9) 1922 mad 63 ..... of this article (article 12), by seeking reliefs which though different are inconsistent with the validity of the sale. their lordships further observe as follows : 'the limitation act protects bona fide purchasers at judicial sales by providing' a 'abort limit of time within which suits may be brought to set them aside. if the protection is to ..... is to vanish directly some other relief consequential on the annulment of the saleis sought, the protection is exceedingly small..... both the letter and spirit of the limitation act require that this suit when looked on to set aside a sale should fall within the prohibition of the article.'23. article 95 provides three years limitation'when the .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Apr-08-1949
Reported in : AIR1949P& H400
..... is, however, quite clear from the code of civil procedure that in the case of a civil suit it is contemplated that the judgment and decree should be quite distinct. section 33 of the code lays down that the court after a case has been heard shall pronounce judgment and on such judgment the decree shall follow. again, order 20, rule .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Apr-08-1949
Reported in : AIR1949P& H357
..... to be entitled to the effects of the deceased person or to any part thereof, or....it would appear from the provisions of section 92(2), civil p.c., section 270(1), government of india act, 1935, and section 214 (1) of act xxxix [39] of 1928 that where the legislature has intended to prohibit the institution of a suit the legislature has made an ..... in his discretion, and in the case of a person employed in connection with the affairs of a province, of the governor of that province in his discretion.again, section 214(1) of act xxxk [39] of 1925 enacts:no court shall,(a) pass a decree against a debtor of a deceased person for payment of his debt to a person claiming ..... a suit for the eviction of a tenant in possession of a building or rented land.9. as i read the section 1 find that there is no such implied prohibition in section 13(1) of the act. on the other hand, section 13(1) contemplates decree being passed in a suit for the eviction of a tenant in possession of a building or .....
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