Court : Punjab and Haryana
Decided on : Sep-06-1949
Reported in : AIR1950P& H83; 1950CriLJ590
..... me to have been quite properly applied in that case.14. la the allahabad case the facts were that a number of accused were prosecuted by the police under section 13, gambling act, for gambling in a public thoroughfare. it appears that before the evidence of the witnesses was recorded, the magistrate inspected the spot and found that the nearest ..... such a course. it was contended that the learned additional district magistrate was wrong in holding that he had no power to act under section 249, and that if he felt that he would have discharged the petitioner under section 253, had the trial been under the procedure followed in the trial of warrant cases, there was no bar to his ..... criminal p.c.2. the petitioner is one of fire accused against whom a case is pending under section 161, penal code, section 5 (2)(d), prevention of corruption act, ii [3] of 1947 and section 109, penal code. the other four accused involved in the case are mr. n. n. mitra, who at the time of the alleged offence was .....
Tag this Judgment!Court : Mumbai
Decided on : Sep-05-1949
Reported in : AIR1950Bom217; (1950)52BOMLR40
..... but that the names of dr. jivraj mehta and casamalli munjee should be included.5. turning to the law on the subject, when we look at the indian companies act, under section 184, power is given to the court as soon as may be after making a winding up-order to settle the list of contributories and the power is also given ..... to this: has the appellant established that there was on the part of the company some omission which gives him a right to ask for a relief under section 38 of the indian companies act?7. it is urged by mr. rege that both casamalli munjee who was the chairman of the board of directors and mr. jhaverj who wag the secretary ..... to rectify the register of members. but that power is limited to those cases where rectification is required in pursuance of this act, and the only section which empowers the court to rectify the register of members is section 38. that section provides for two cases in which the rectification of the register may be made and those two cases are:(a) where .....
Tag this Judgment!Court : Chennai
Decided on : Sep-02-1949
Reported in : AIR1950Mad824
..... an interest in partnership is nothing but an existing interest and tangible property which can be assigned and that it does not attract to itself the mischief of section 6(e), t. p. act. in these circumstances, i hold that the order of the learned district judge under revision is not correct and i set aside the same and hold ..... transfer of such an interest, as is set out above, is made it is difficult to say how it can be a mere right to sue as defined in section 6, t. p. act. a perusal of the decision in rajamanickam chetti v. abdul halim sahib, : air1941mad389 , referred to by the counsel for respondent, would show that what was involved ..... abdul halim sahib, : air1941mad389 and stating that what was assigned to the petitioner by the original appellant was only a mere right to sue and that under section 6(e), t. p. act, a mere right to sue cannot be transferred. the learned district judge also dismissed the main appeal as having abated in consequence of having dismissed the petition of .....
Tag this Judgment!Court : Allahabad
Decided on : Sep-02-1949
Reported in : AIR1950All212
..... inspector general as president and two superintendents of police as members. after the departmental trial, the deputy inspector general is required to pass orders under section 7, police act and the rules made thereunder in accordance with the unanimous or majority finding of the board. the rule also provides for an appeal from the decision ..... given a reasonable opportunity of showing cause against the action, proposed to be taken in regard to him.'27. another relevant provision of the same act is section 243 which is in these words:'notwithstanding anything in the foregoing provisions of this chapter, the conditions of service of the subordinate ranks of the various ..... 'police officer of the subordinate ranks' is meant an officer below the rank of the deputy superintendent of police, rules were framed as required by section 7, police act for the appointment and dismissal of different grades of officers in the subordinate police service and in the rules, as amended in 1931, a sub-inspector .....
Tag this Judgment!Court : Chennai
Decided on : Sep-02-1949
Reported in : AIR1951Mad473; (1950)2MLJ511
..... about which reference has already been made. after that the appellants filed o. p. no. 44 of 1946 which has given rise to this appeal, under section 84 (2) of the act and section 151, civil p. c., for setting aside the order of the board in o. appln. no. 375 of 1940, dated 2-5-1945. the learned ..... the board of commissioners for the hindu eeligious endowments, madras. though the order of the board of commissioners aforesaid was stated to be passed in proceedings under section 62 of the act for the settlement of a scheme of administration for sri alagar temple, thevaram periyakulam taluk, madura district, the appellants herein have construed it as an order ..... before a third judge, and for this purpose papers may be placed before the honourable the chief justice.govinda menon, j.15. under sub-section (3) of section 84, madras hindu eeligious endowments act, the appellants who were the petitioners in the district court of madura, appeal to this court against the judgment and decree of the learned .....
Tag this Judgment!Court : Kolkata
Decided on : Sep-02-1949
Reported in : AIR1952Cal306
..... plffs. to a municipality pursuant to an agreement between the parties. there was no written contract signed by two councillors as required by section 45, madras district municipalities act, of 1884. it was held that the contract could not be sued upon. the question then arose as to whether compensation could be claimed under ..... section 65, contract act. it was held that the plff. was entitled to compensation under section 65, contract act & the decision in 54 cal 189 was followed. jackson j. ..... b) that a man cannot be allowed to do by indirect means what he is forbidden by law to do directly. he held that the section of the district municipalities act & section 65, contract act, were not inconsistent & further held that the general law permitted a party to get relief when on account of special law the agreement could .....
Tag this Judgment!Court : Chennai
Decided on : Sep-02-1949
Reported in : AIR1950Mad145
..... is guilty of an offence under section 4 (l) (a) of the act. the object of the act as the preamble shows, is to prohibit the consumption of intoxicating liquor. it is not suggested that the ..... finding of the lower court is that it is varnish. the government have no doubt not exempted this from the purview of the act. but the learned crown prosecutor, under instructions from government states that it is not the intention of the government that there should be ..... gallons of varnish was found. this varnish contains denatured spirit and therefore it comes within the definition of liquor in the act. the lower court finds that the liquid is not drinkable and is not fit for consumption. the question is whether the accused ..... ordersomasundaram, j.1. the accused has been convicted by the chief presidency magistrate under section 4 (l) (a), madras prohibition act and sentenced to pay a fine of rs. 50.2. the accused is a carpenter and .....
Tag this Judgment!Court : Allahabad
Decided on : Sep-01-1949
Reported in : AIR1950All519
..... or maintained by him there, or to any other alteration in the natural condition of his land.'in wholly v. lancashire and yorkshire rly. co., (1884) 13 q. b. d. 131 ; (53 i. j. q. b. 285), the railway company cut trenches in an embankment close to the ..... this loss. it was contended that 'diversion' within the meaning of that expression as used in article 35 (i), provincial small cause courts act, does not include 'obstruction'. this is not the question which arises in the present case. damages in the present case are claimed for ..... not cognizable by a court of small causes as it fell within the purview of article 35 (i), schedule ii, provincial small cause courts act, and (2) that the plaintiff was guilty of contributory negligence and hence the defendants were not liable to any damages.4. reliance in support ..... orderkaul, j.1. this is an application preferred under section 25, provincial small cause courts act, for revision of a decree pissed by the judge, small cause court, lucknow, in a suit .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-31-1949
Reported in : AIR1950All109
..... a judgment is binding upon the entire world not only according to the english law (vide bigelow on estoppel, 6th edn. p. 256) but also according to section 41, evidence act. another analogous judgment is one appointing a guardian of a minor's estate ; so long as that judgment stands unreversed it constitutes a full warrant for the demand ..... as a juristic person having power to appoint a mutwalli.24. even if a juristic or artificial person was not recognised in the pure mohammedan law, a court acting under section 92, civil p. c., has certainly the power to appoint a corporation as a mutwalli of a waqf because it is then governed by the rules of procedure ..... . similarly, it is not necessary to decide whether the contesting defendants are bona fide purchasers. even if they were bona fide purchasers, they cannot seek protection under section 41, t. p. act, against: god. latafat ali, etc., could not pass a better title to them than what they themselves had and they had none. i am not satisfied .....
Tag this Judgment!Court : Kolkata
Decided on : Aug-31-1949
Reported in : AIR1950Cal315,[1950]18ITR653(Cal)
..... and the parties shall be entitled thereto according to the shares mentioned in clause 3 thereof.'5. an application was made in this case under section 26a, income-tax act. that section is in the following terms.(1) application may be made to the income-tax officer on behalf of any firm, constituted under an instrument of ..... on the subject under rule 2.'any firm constituted under an instrument of partnership specifying the individual shares of the partners may under the provisions of section 26a, income-tax act register with the income-tax officer the particulars contained in the said instrument on application made in this behalf.' 7. such application shall be signed ..... that the application has been properly made we shall grant a certificate stating that the instrument of partnership has been registered with him under section 26a, income-tax act.10. the application under section 26a was refused by the income-tax officer on the ground that (as?) the joint family had come to an end it could .....
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