Court : Allahabad
Decided on : Mar-30-1949
Reported in : AIR1949All480
..... sale-consideration as urged by the learned counsel for the appellant) in the following circumstances.2. on 16th april 1936, the defendant-appellant applied under section 4, u.p. encumbered estates act, after which, on 21st april 1936, the proceedings were forwarded to the special judge under an order of the collector. later, on 9th june 1936 ..... ab initio in the present case, inasmuch was the sale-deed had been executed in violation of the imperative prohibition enjoined by section 7, encumbered estates act. learned counsel further argued that article 97, limitation act, had also no application, as it could not be said that the amount claimed had been paid to the vendor-defendant ' ..... respect of a part of the property which became the subject of the proceedings under the said act. on the basis of the deed, the vendees (respondents) laid a claim to the property purchased by them under section 11 of the act. this claim was rejected on the ground that the sale-deed having been executed after the .....
Tag this Judgment!Court : Allahabad
Decided on : Mar-30-1949
Reported in : AIR1952All618
..... who was primarily liable. here the legal representative becomes the j. d., because the decree was actually passed against him. so he is described as j. d., in sub-section (2), in section 50(2) the legal representative of a deceased j. d., is described as legal representative & not as j. d.4. the word 'j. d.' is used very frequently in ..... moving of the application also but since they would merge in the application for execution itself it is not necessary to consider them for the purposes of article 182, limitation act. only those fate is which are to be taken prior to the presentation of an application for execution & which will advance the execution, are steps-in-aid within the meaning ..... . d.; for instance, rules 2, 26, 42, 43, 46, 54, 60, 61, 66, 68, 79, etc. some of these rules require some act to be compulsorily done by the court in relation to the j. d.; as the act must be done, it must be done in relation to his legal representative when he is dead. in other words, the word 'judgment .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-30-1949
Reported in : (1949)51BOMLR894
..... have no hesitation in repelling it. the argument on this point is based on the definition of the term 'employer' given in clause (g)(i) of section 2 of the act, which runs thus :'employer' means-(i) in relation to an industry carried on by or under the authority of any department of a government in british india ..... enactments was the registration and formation of trade unions and not for the purpose of defining the relations between the employers and the employees. section 28(k) of the amending act xiv of 1947 was enacted to prevent employers from interfering with the formation of trade unions and against preventing workmen from joining or helping in ..... issued by coyajee j. against the industrial tribunal to which a dispute between the western india automobile association and its workers had been referred under section 10 of the industrial disputes act, xiv of 1947.2. though a number of points were raised before coyajee j. and before the division bench, the principal question raised by .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-29-1949
Reported in : AIR1949Bom314; (1949)51BOMLR556
..... acquirer of the watan land. if there was an alienation, the alienee and his family could never become watan family within the meaning of the act, and section 2 of act v of 1886 only applied to the watan family. that is, the special law of succession laid down only applied to the original acquirer and his ..... person who was also entitled to hold the hereditary office, that, however, does not appear to be strictly consistent with the provisions of the watan act. for instance, section 5(2) imposes a prohibition against alienation of watan property even though in respect of the office of the watandar a service commutation settlement has been ..... 309 and 285. the learned trial judge held that narayanrao was not a watandar within the meaning of the watan act and that therefore these alienations cannot be challenged under section 5 of the act. section 5 of the act contains a prohibition against alienations of watan property and watan rights, and such alienations if made cannot endure beyond the .....
Tag this Judgment!Court : Allahabad
Decided on : Mar-29-1949
Reported in : AIR1949All554
..... might have been possible for me to afford him some relief by setting aside that order on the ground that it was not a proper order as contemplated by section 20, encumbered estates act. having not made the deposit within thirty days of 2nd january 1947, and having not appealed against the order dated 14th december 1946, the appellant has, by his ..... some relief to the appellant. i would have held that the order dated 14th december 1946, was an incomplete order and became a complete order within the meaning of section 20 of the act on 2nd january 1947, when the amount of costs was ascertained. in that view it would have been possible to hold that the order for the payment of ..... . the order of the court below to the effect that the office will mention the costs in the formal order was, therefore, not a suitable order as contemplated by section 20 of the act. the office may take a very long time, as it did in the present case, in preparing a formal order; it may in a certain case take even .....
Tag this Judgment!Court : Chennai
Decided on : Mar-28-1949
Reported in : AIR1950Mad194
..... next decision cited by the learned counsel is reported in krishnaji nilkant v. secretary of state : air1937bom449 . that decision also construes and expresses the scope of section 30, government of india act. the learned judges accepted and followed the decision reported in municipal corporation, bombay v. secretary of state, 58 bom. 660 : a. i. r. 1934 ..... multiply cases except to cite a decision of this court reported in sankara mining syndicate ltd., nellore v. secry. of state : air1938mad749 in considering section 30(2), government of india act, leach c. j. observed at p. 147 :'with regard to the contention that a valid contract had been entered into by the local ..... j.1. the only point that arises in this appeal is whether the suit contract is valid, and whether it complies with the provisions of section 175, government of india act, 1935.2. the defendant is merchant carrying on business in coimbatore. the government required groundnut oil for use in the government oil factory at calicut .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-28-1949
Reported in : AIR1949P& H401
..... there and a wajib-ul-arz being a part of the record of rights any statement contained therein will ordinarily carry a presumption of correctness as provided in section 44, punjab land revenue act. the presumption, however, is indisputably a rebuttable one and its strength must vary according to the circumstances in which the statement purports to have been made, the presumption ..... or group of families concerned and not merely that it has been followed in just a number of cases. in atar singh v. nihal singh and ors. 125 p.r.1884 there were 20 instances of chundawand succession against 12 instances of pagwand succession, but the chief court bench declined to hold the ohundawand rule to have been proved to apply .....
Tag this Judgment!Court : Chennai
Decided on : Mar-28-1949
Reported in : (1949)2MLJ156
..... decision cited by the learned counsel is reported in krishnaji nilkant v. secretary of state : air1937bom449 that decision also construes and expresses the scope of section go of the government of india act. the learned judges accepted and followed the decision reported in municipal corporation, bombay v. secretary of state for india i.l.r (1932) bom ..... j.1. the only point that arises in this appeal is whether the suit contract is valid, and whether it complies with the provisions of section 175 of the government of india act, 1935.2. the defendant is a merchant carrying on business in coimbatore. the government required groundnut oil for use in the government oil factory ..... a decision of this court reported in sankara mining sandicate, ltd., nellore v. secretary of state for india in council : air1938mad749 in considering section 30 (2) of the government of india act, leach, c.j., observed at page 147:with regard to the contention that a valid contract had been entered into by the local .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-26-1949
Reported in : [1950]18ITR1(P& H)
..... legally amount to a partition of the joint hindu family property amongst the various members or groups of members in definite portions within the terms of section 25a, sub-section (1), of the act. as already mentioned, counsel cited sher singh nathu ram v. commissioner of income-tax, punjab,biradhmal lodha v. commissioner of income-tax, commissioner ..... portions legally amounts to a partition of the joint family property amongst the various members or groups of members in definite portions within the terms of sections (1), of the act ?'the facts so far as material are that the applicant were assessed as hindu undivided family during the year preceding 1943-44. in the ..... counsel for the assessee, contends that though a mere reference to arbitration does not amount to a partition of the joint family property within section 25a(1) of the income-tax act, 1922, a reference to arbitration with a view to have the joint family property partitioned in definite portions legally amounts to a partition of .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-25-1949
Reported in : AIR1950Bom61
..... dividend cannot be recovered from the assessee company itself. now, in this case the income-tax officer had acted under section 18(3a) and section 18(3c). section 18(3a) casts an obligation upon any person responsible for paying to a person not resident in british india any interest not being 'interest on ..... to take the agreement between the state and the assessee company into consideration, the income-tax officer was fully competent to make the necessary order under section 23(a) of the act.8. with regard to the second question, sir jamshedji contends that the share-holders are not liable to pay any dividend and therefore such a ..... dealing with income-tax references is an advisory jurisdiction. it is a strictly limited jurisdiction and the limits of that jurisdiction are clearly laid down in section 66 of the act. the nature of that jurisdiction is to advise on questions of law that arise out of orders made by the appellate tribunal, and the advise that .....
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