Court : Punjab and Haryana
Decided on : Jul-08-1949
Reported in : AIR1949P& H372
..... -fee and jurisdiction?'3. the learned judge relied on a correction slip which relates to the manner of determining the value of the suit for the purpose specified in section 9, suits valuation act and which is in the following words:suits, in which the plaintiff in the plaint seeks to recover the amount, which may be found due to the plaintiff ..... this order and i have heard mr. m.l. sethi for the respondent in this case. he first urges that no revision lies against the order and relies upon section 12, court-fees act. i am unable to agree with his submission on this point. an issue was framed with regard to the value for the purpose of court-fee. a decision ..... learned judge found what the value for purposes of jurisdiction and court-fee was. if in coming to that decision the learned judge has committed an irregularity which comes within section 115, civil p.c., i think a revisional court will be justified in interfering at this stage.5. in my opinion, if i may say with great respect, the .....
Tag this Judgment!Court : Chennai
Decided on : Jul-06-1949
Reported in : AIR1950Mad37
ORDERMack, J.1. This petition hag been filed on behalf of a minor wife by next friend to revise the order of the learned District Judge of Guntur declining to set aside a custody order he passed in O. P. No. 118 of 1947 on 80th September 1947 on the ground that he had not consulted the wishes of the minor who was a grown up girl before he passed his order.2. The custody order is as follows :'The petitioner as the husband of the minor wife is in law entitled to her custody especially when it is found from his evidence which has not been challenged that his marriage with the minor was consummated three years ago. The respondents have no objection to restore custody. They have endorsed on the petition to that effect. I therefore order the custody of the minor to the petitioner. The parties shall bear their own costs.'3. The respondents to the original petition were the girl's sister and her husband. Along with this revision petition an application for stay of the custody order was admitte...
Tag this Judgment!Court : Kolkata
Decided on : Jul-05-1949
Reported in : 1950CriLJ169
..... and they have appeared to show cause through the advocate-general. he baa produced in each cage an order for detention made under section 2, bengal criminal law amendment act, 1930, (bengal act vi [6] of 1930) and he claims that all the detained persona with the exception of sitanatb. das and sachindra nath makherjee ..... the association to which it was alleged the detained persons belonged was in fact such an association as was contemplated by the act. his argument was that section 2, bengal criminal law amendment act 1930, required firstly that the provincial government should be honestly of opinion that the detained persons were members of an association, ..... these latter orders the provincial government now rely to justify the detention of all the persona who have moved this court in these applications.11. section 2, bengal criminal law amendment act, 1930, is in these terms :(1) where, in the opinion of the provincial government, there are reasonable grounds for believing that any person .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jul-04-1949
Reported in : AIR1950P& H150; 1950CriLJ725
..... six items mentioned above could be said to contain an incitement to violence or disorder. it was, however, argued that they naverthelesa came within the mischief of section 4 (1), press act,11. although incitement to violence or disorder has been held not to be an essential ingredient of the offence of sedition in india the provisions of the ..... and two are editorial comments. it was alleged that the subject-matter of these articles and news items fell within clauses (b), (d) and (h) of section 4 (1), press act. the petitioner's application is directed against the order of forfeiture parsed by the chief commissioner of delhi and it is contended in the petition that the articles ..... and news items objected to are harmless and they do not come within the purview of section 4 (1), clauses (b), (d) and (h), press act and in any case the exceptions to section 4 cover the petitioner's case,2. it must be mentioned that the petitioner was on a previous occasion asked to .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jul-04-1949
Reported in : 1950CriLJ149
..... to aggregate sentence of five years and nine months' rigorous imprisonment. on appeal which was heard by bhide j. the conviction was upheld on all other counts excepting under sections 491 and 193 and his sentence was reduced to a total of 3i years. it may be pointed out that along with him his two brothers balraj singh and bhagttt ..... of the confidence that has been reposed in him. but when after full and fair trial he stands con-victed of such wrong doing as demonstrates his unfitness to act as a pleader-an officer in courts of justice-and hi3 license as such has been revoked, if he petitions for reinstatement, the onus is on him to establish ..... the matter was placed before tek chand j. and on 16th april 1931 he ordered that as the material placed was not sufficient for taking action under the legal practitioners act, no further action need be taken. on 19th may 3981 one naghar singh made a complaint againt raghbir singh alleging professional misconduct of taking money from him and not .....
Tag this Judgment!Court : Mumbai
Decided on : Jul-01-1949
Reported in : AIR1950Bom234; (1950)52BOMLR135
..... which are filed, exhibited or recorded in any court of justice other than the courts referred to in chap, ii, court-fees act is provided for in schedules i and ii, court-fees act. section 6, court-fees act provides as follows:'except in the courts hereinbefore mentioned, no document of any of the kinds specified as chargeable in the first or ..... document being stamped accordingly, the same and every proceeding relative thereto shall be as valid as if it had been properly stamped in the first instance.'4. section 7, clause. (1). court-fees act provides for payment of court-fee on plaints in suits for money according to the amount claimed. schedule i, clause (1) indicates the court-fee payable ..... filed, exhibited or received. no ground is suggested for excluding the jurisdiction of the poona court to demand court-fee which by reason of the provisions of section 6, court-fees act, the plaint was required to bear and which it obviously did not bear. the fact that it is not by reason of a voluntary .....
Tag this Judgment!Court : Kolkata
Decided on : Jun-30-1949
Reported in : AIR1950Cal109
..... the decision of the munsif. it is argued on behalf of the appellant that the allegations as made in the plaint constitute an offence of mischief within the meaning of section 426 which falls under chap. xvii, penal code. it has, however, been repeatedly pointed out that when there is a dispute between a landlord and a tenant ..... of trees standing on the plaintiff's land, without any legal justification. such a case of a wrongful cutting of trees, for which damages are claimed, amounts to an act of mischief or criminal trespass as denned in the penal code, (commrs. of pabna municipality v. nirode sundari : air1942cal544 .8. in view of the fact that no ..... on behalf of the plaintiff to the court of the subordinate judge, hooghly. he held that under article 35, clause (ii) of schedule ii, provincial small cause courts act, this being suit for damages for trees cut down and misappropriated, and even though involving a question of title to immoveable property, was cognisable by a court of small .....
Tag this Judgment!Court : Kolkata
Decided on : Jun-30-1949
Reported in : AIR1950Cal23,54CWN58
..... attachment of this incident to the lease by operation of law is a very different thing from the creation of a lease from year to year by act of parties. the two sections deal with entirely different matters and there is no conflict or contradiction between the two which requires that they should be harmonised in the manner suggested by ..... being no contract to the contrary. the only modification that was made by the operation of section 53a of the act in the legal relationship of the parties was that during the continuance of the term of five years the respondent could not eject the appellant from the demised ..... instrument. but there was a letting to the appellant followed up by payment and acceptance of rent, and the letting was for a manufacturing purpose. therefore, under section 106 of that act the lease must be deemed to be a lease from year to year terminable by six months notice to quit ending with the year of the tenancy, there .....
Tag this Judgment!Court : Allahabad
Decided on : Jun-29-1949
Reported in : AIR1952All667
..... paid, the deputy magistrate caught the applicant and recovered the money from his possession. then after obtaining sanction from the district magistrate, the applicant was put on his trial under section 161, penal code. 3. there is no evidence to prove the demand for a bribe by the applicant prag, of whom the demand was made, has not been examined ..... his giving certain information to lalta etc. which he was not bound to give is not doing an official act and if he accepted any payment for giving the information, he is not guilty under section 161, penal code. if he had valuable information in his possession he was entitled to sell it for a price when he was not ..... ; it must be as a motive or reward for an official act. if a person accepts money bs a motive or reward for an act which cannot be said to be an official act, he is not guilty under section 161. the applicant is, therefore, not guilty under section 161, penal code. 4. i allow this application, set aside the applicant's conviction .....
Tag this Judgment!Court : Allahabad
Decided on : Jun-28-1949
Reported in : 1950CriLJ61
..... circumstances which i shall notice, the conviction of the appellants majid khan and bundu khan was, in my opinion, almost impossible. they were convicted each under section 4(b), explosive substances act (vi [6] of 1908) and sentenced to five years' rigorous imprisonment by the learned sessions judge of meerut, and they appeal against the same.2 ..... appellants guilty because he found them to be inside the room at the time of the explosion. the question is whether this is at all an adequate ground in law for such a conviction.8. section 4(b), explosive substances act, provides as follows :any person who unlawfully and maliciously makes or has in his possession ..... or under his control any explosive substance with intent by means thereof to endanger life, or cause serious injury to property .....
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