Court : Chennai
Decided on : Aug-04-1949
Reported in : AIR1950Mad222
..... pasture lands must be considered to be lands used solely 'for agricultural purposes' within the meaning of section 63, madras district municipalities act of 1884 as amended in 1897 which was then in force. the language of section 81 (4) of the act is similar and applies to land used 'exclusive for agricultural purposes.' if a piece of urban vacant ..... : a. i. r. 1924 p. c. 247, it was held that a mango tope was not land used for agricultural purposes within the meaning of section 79, agra tenancy act, 1901. 'agriculture' in its ordinary and primary sense implies the tillage or cultivation of the soil by human effort with or without the aid of animal or ..... limits of the municipality. the defendants, here respondents, resist the claim on the grounds that they should: have been assessed to property tax under section 81 (i) of the act and not under section 81 (3) and they should have been separately and individually assessed on the share of the property held by each of them. their contentions .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-04-1949
Reported in : AIR1950All77
..... p-2 and p 9. under these circumstances, the entire case could not have been covered by merely framing a charge of abetment and a charge of conspiracy under section 120b against all the five opposite parties was properly framed.10. i would therefore, allow this revision and set aside the order of the assistant sessions judge, dated ..... of the jury is returned or the opinions of the assessors are expressed.5. the contention, on behalf of the opposite parties, is that the word 'alter' in section 227, empowers the assistant sessions judge even to withdraw a charge and that, even if such power is not there, the assistant sessions judge, in this, case, merely ..... observations were made by the court that it was not proper to frame a charge under section 120b in the circumstances of those cases. the reason for those observations appears to be this. in these cases, the conspiracy was to commit a single act. the persons concerned could have been charged with actual commission of the offence or with .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-04-1949
Reported in : AIR1950All54
..... respect of the offerings for a particular period. it should be noted that the receiver was not the receiver in insolvency but was a receiver appointed in a proceeding under section 145, criminal p. c. the official receiver desired this amount to be paid to him claiming it to belong to the estate of the insolvent madan lal. bhagwant kishore and .....
Tag this Judgment!Court : Chennai
Decided on : Aug-04-1949
Reported in : (1949)2MLJ629
..... lands must be considered to be lands used solely '" for agricultural purposes " within the meaning of section 63 of the madras district municipalities act of 1884 as amended in 1897 which was then in force. the language of section 81(4) of the act is similar and applies to land used "exclusively for agricultural purposes ". if a piece of urban vacant ..... out other defences which are not now material. 2. the appellant urged two points before me (i) the assessment in this case was rightly made under section 81 (3) of the act, and (ii) even otherwise, it is not open to the civil court to decide on the propriety of the assessment in this case. lands which are ..... limits of the municipality. the defendants, here respondents, resist the claim on the grounds that they should have been assessed to property tax under section 81(4) of the act and not under section 81(3) and they should have been separately and individually assessed on the share of the property held by each of them. their contentions were .....
Tag this Judgment!Court : Mumbai
Decided on : Aug-04-1949
Reported in : AIR1950Bom20; 1950CriLJ267
..... . this view was followed in emperor v. parwari, is : air1919all276 by knox j. who held that statements made to the police as a result of action taken under section 154 or section 155, criminal p.c., are privileged statements, and as such, cannot be used as evidence or made the foundation of a charge of defamation. i am in respectful agreement ..... the charge wa3 struck off. it was held by scott-smith j. that the re-port to the police did not amount to a charge of a criminal offence under section 211, penal code, and in so deciding he followed the view of sundara aiyar j, in swaminatha thevan v. emperor, 14 i.c. 767 : 13 cri. l.j. ..... for any official investigation, of definitely alleging his belief in the guilt of a specified person, and his desire that the specified person be proceeded against in court, that act of his, whether verbal tit written, if made to an officer of the law authorized to initiate proceedings based upon the complainant's statement, whether amounting to an expression .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-02-1949
Reported in : AIR1950P& H53; 1950CriLJ480
..... to bail for treason nor shall such person be admitted to bail except by order of his majesty's secretaries of state.in the criminal appeals act of 1907, (7 edw. vii, chap. 23, section 14(2)) similar words have been used:the court of appeal may, if it thinks fit, on the application of an appellant, admit the ..... the two petitioners were partners of a firm known as the national iron & steel works and that they had been guilty of offences punishable under sections 7 and 10 of the above mentioned act by (1) selling six black sheets of iron to one prem nath. the memorandum signed by prem nath showed that spades and not sheets had ..... the expression 'admit to bail' has been employed in a similar sense, e. g., by b. 5, sub-section (2), coroners act, 1887, coroners may 'admit to bail persons charged with manslaughter,' and by the municipal corporations act, 1882, section 227, a borough constable 'may admit to bail persons charged with petty misdemeanours and brought into his custody.' i cannot .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-02-1949
Reported in : AIR1950All89
orderseth, j.1. this is a plaintiff's application in revision under section 25, provincial small cause courts act. the plaintiff sent five consignments of green chillies from mathura to ahmedabad. the consignee were messrs. lalobhai chhagan lal. the consignments were not delivered by the railway company to the .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-01-1949
Reported in : AIR1951All546
..... in the manner laid down in the second clause. we are, however, satisfied that that was not the intention of the legislature.9. now if section 3, prevention of corruption act, had done no more than place certain offences in the category of cognizable offences, then theinvestigation of those offences would have been governed by the provisions ..... notes-it is the case for the prosecution that he accepted these notes as a gratification other than legal remuneration, in respect of an official act, and thereby committed an offence punishable? under section 161, penal code. the receipt of the notes is admitted by the applicant, but he says that they were received by him in ..... such facts as are relevant, are set out in the order of reference and need not be repeated.7. section 3, prevention of corruption act, 1947 (ii [2] of 1947), provides that:'3. an offence punishable under section 161 or section 165, penal code, shall be deemed to be a cognizable offence for the purposes of the code of criminal .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-01-1949
Reported in : AIR1950All85
..... from the date on which he discovers the fraud. if within that period he prefers a claim, there can be no question of the drastic consequences mentioned in section 13 of the act following against him.6. this, in our opinion, is sufficient to dispose of the point raised by the learned counsel in support of this appeal. the appellant ..... of fraud having been committed on the decree, holder in such proceedings is that the decree-holder acquires an extended period of limitation to prefer a claim under section 9 of the act. this period may even go beyond 30th november 1939, or the date on which the decrees are sent to the collector for execution. this was held in kishni ..... while affirming the finding of the execution court with regard to the judgment-debtor's fraud, took the view that the debt had in fact got discharged under section 13 of the act and that, therefore, it was not open to the decree-holder to apply for execution of the decree straightway in the civil court.4. the principal question .....
Tag this Judgment!Court : Allahabad
Decided on : Jul-29-1949
Reported in : AIR1951All69
..... property. in 1941, the decree was sought to be executed by sale of the property. therefore, ketki kunwar and krishna murari lal filed an application under section 8, debt redemption act for amendment of the decree on the allegation that kanhai lal was an agriculturist when the mortgage of 1920 was executed and they them selves were agriculturists when ..... and descendants in the joint family property'was more or less than rs. 1000. the test laid down in sub-clause (ii) of clause (e) of section 3, debt redemption act, has to be applied in determining whether a 'particular member of the joint family can or cannot be treated as an, agriculturist.' the principle of personal protection ..... undivided member of the family as a separate individual that has to be considered to be an agriculturist for the purpose of qualifying for protection under the terms of section 17 of the act. in view of these decisions of the privy council, the law laid down in khushal kunwar v. zauki ram, 1946 a. l. j. 310: (a. .....
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