Court : Kolkata
Decided on : May-12-1949
Reported in : AIR1950Cal12
..... to the contrary contained in pakistan (adaptation of existing pakistan laws) order, 1947 or in any other order made under the powers conferred by sub-section (1) of section 9, indian independence act, 1947, before the coming into force of this subsequent order.14. under sub-clause (2) of clause 3 of the 1949 order 'the whole ..... were in force on 15th august 1947 one adapting the laws so far as the dominion of india was concerned and the other for pakistan.6. section 18 (3), indian independence act, read with the particular adaptation order, ap. plicable in india and pakistan as the case may be, determines what changes are necessary in the ' ..... situate in pakistan within the province of east bengal, and the court of small causes, calcutta, within the indian dominion.4. section 18(3), indian independence act provides :'save as otherwise expressly provided in this act, the law of british india and of the several parts thereof existing immediately before the appointed day shall, so far as .....
Tag this Judgment!Court : Himachal Pradesh
Decided on : May-12-1949
Reported in : AIR1949HP26
..... at the trial to be illegal, the courts may apply the maxim turpi causa non oritur actio, although the defendant has not pleaded the illegality. the limitation act, section 8 enacts that every suit instituted, appeal presented and application made after the period of limitation prescribed therefor shall be dismissed, although limitation has not been set up ..... lower appellate court had done wrong in giving effect to an unregistered bond which by reason of its not having been registered was not admissible in evidence (section 49, registration act) even though it was not specifically objected to in either of the. courts below. oomatool fatima v. ghunnoo singh 19 w.r.22. in the ..... inference is that he is dependent on the ruler. there is, therefore, no doubt that the appellant is a person as contemplated under sub-section (b) of section 39, koti state courts act.17. it has been argued by the learned counsel for the respondent that neither in the written statement, nor in the settlement of issues .....
Tag this Judgment!Court : Allahabad
Decided on : May-12-1949
Reported in : AIR1949All778
..... and the principal place of business of the bank being at dehra dun, this court had the jurisdiction to entertain the application and make an order |under section 153, companies act; and we find accordingly.31. in the next place, it has been argued by the learned counsel for the appellants that the proposed scheme is neither practicable ..... have seen above, after 15th august 1947, the position of the bank was that of a company established outside india and the bank got itself registered under section 277, companies act. in his affidavit filed on 11th may 1948, the managing director had stated that the principal place of business from where the administration of the bank was ..... on three grounds. in the first place, it has been contended that this court had no jurisdiction to entertain the application and to make the order under section 163, companies act. it appears that the plea of want of jurisdiction was raised in the affidavits filed by mohan lal and jagannath; but it does not seem to have .....
Tag this Judgment!Court : Allahabad
Decided on : May-11-1949
Reported in : AIR1952All643
..... the taxable fee & that they must share this fee amongst themselves. i am unable to accept this interpretation of section 4 of the act, the meaning of which in my opinion, clearly is that every legal practitioner, in the absence of a definite contract, is entitled to the full legal ..... it being a case where the fee had not been privately settled between the legal practitioner & the client, the case must be governed by the second portion of section 4, legal practitioners (fees) act (xxi [21] of 1926, which provides as follows : '...... if no such fee has been settled, a fee computedin accordance with the law for the time ..... for the applicant that there being three legal practitioners in the case, the plff. became entitled to only one third of the taxable fee. he contends that section 4 should be interpreted to mean that where no fee has been settled all the legal practitioners appearing in a case for a particular client are together entitled to .....
Tag this Judgment!Court : Allahabad
Decided on : May-11-1949
Reported in : AIR1951All93
..... agreement. the trial judge refused to admit oral evidence. mr. ameer ali delivering the judgment of the board held that the trial judge was right, under section 92, evidence act, in rejecting the evidence. in the course of the judgment it was observed :'whether an agreement is a completed bargain or merely a provisional arrangement depends ..... in favour of the plaintiff was obtained under fraud as alleged by the defendants ?(7) is the agreement between the plaintiff and defendant 1 void under section 23, contract act, and as such unenforceable ?'53. the learned civil judge did not attempt to clear up the defence about the contract not being concluded with the ..... be true, which allegation the nawab did not admit, then the agreement between the plaintiff and the nawab was void, as opposed to public policy under section 23, contract act, (d) the suit was bad for misjoinder of unnecessary parties and multifariousness of causes of action, (e) the plaintiff having received the cheque sent to .....
Tag this Judgment!Court : Allahabad
Decided on : May-11-1949
Reported in : AIR1950All7
..... of adjudication of this controversy in the present suit. limitation bars the remedy : it does not destroy the right unless a case is of the description provided for by section 28, limitation act. the present case is not such a case. therefore, the right to challenge the validity of the mortgage of 1918 was not destroyed, but continued to exist even ..... nature of the mortgage of 1918 is no longer open to controversy in the present case, firstly because the claim to any such adjudication is barred by article 125, limitation act, and secondly because it is barred by the rule of res judicata. in my opinion, there is no force in either of the two contentions.7. the law of ..... to this court and it is contended on their behalf that the suit was barred by limitation.3. it is the common case of the parties that article 125, limitation act, applies. the contention of the learned counsel for the appellants is that the alienation really took place in the year 1918 and that the alienation in the year 1943 .....
Tag this Judgment!Court : Allahabad
Decided on : May-11-1949
Reported in : AIR1950All10
..... issue. the learned special judge also found that bonds had not been issued by the collector to the creditors under sections 80 or 31, encumbered estates act, before 24th february 1943, the date on which the objector filed his objection under section 11.3. the landlord, applicant has filed certain objections to these findings, mr. gopal swarup pathak on behalf of ..... are actually handed over to the creditor by an officer subordinate to the collector, the officer must be deemed to act for the collector and we do not see how that can make any difference. the language of section 30 appears to us to be clear that the date on which a bond is given to a creditor is the ..... , 25, 28 or 31 or bonds had been issued by the collector to the creditors under sections 30 or 31, encumbered estates act, before 24th february 1943, the date on which the application under section 11 was filed?'2. the finding of the learned special judge is that the property in dispute had not been transferred to any person under .....
Tag this Judgment!Court : Allahabad
Decided on : May-11-1949
Reported in : AIR1949All692; 1950CriLJ199
..... and that, therefore, the complaint made by him wa3 an invalid complaint, we would still hold, in that case, that the magistrate had jurisdiction to act under clause (c) of section 190 (1), criminal p.c. he could have treated this invalid complaint as as 'information.' in its ordinary sense 'information' is a wider term ..... the creditors the liquidation officer issued notice to the present applicants. meanwhile mewa ram, jain kuar and chandan kuar, taking advantage of the amendment of section 11, encumbered estates act, made an application before the special judge objecting to the pronote being shown as the exclusive property of the applioanta this application was made on 17th ..... pier off and alleging that they alone formed a joint hindu family. in due course this application was sent to the special judge where under section 8, encumbered estates act the applicants filed a written statement showing the debts due from them and the properties owned by them.4. in the list of properties mentioned .....
Tag this Judgment!Court : Orissa
Decided on : May-11-1949
Reported in : AIR1951Ori132
..... fetters he has put upon himself-see villers v. beaumont, (1682) 1 vern 100. the presumption is that a charity is charitable and not fraudulent. section 120, transfer of property act lays down that a gift cannot be revoked except under circumstances in which, if it were a contract, it might be rescined-such as fraud, undue ..... the senate was a condition precedent to the commencement of the trust. nor is it necessary under the utkal university act that the university should accept the endowment through the senate. section 9, subs (6), utkal university act lays down that'the syndicate shall on behalf of and subject to the control of the senate manage the funds, ..... concerns, property and affairs of the university'and schedule sub (5) lays down 'subject to the provisions of this act and the statutes, the senate .....
Tag this Judgment!Court : Orissa
Decided on : May-11-1949
Reported in : AIR1951Ori273
..... transfer whether by private sale or by execution sale in a permanently settled estate. the validity or otherwise of such transfer depends on section 237, orissa tenancy act, which says:'nothing in this act shall affect any usage or customary right not inconsistent with or net expressly or by necessary implication modified or abolished by its provisions ..... rate. they further averred that killa darpan being a permanently, settled estate, was expressly excluded from the operation of schedule 1, orisaa tenancy act (old) & the new section 31-b of the act was not applicable to the case. the applts specific case was that the ct. of wards, while managing the estate of the pltf, ..... .'illustration (2) to the section, as it stood before the introduction of the orissa tenancy amendment act of 1938 runs as follows:'the usage under which a rayot in a permanently settled estate is entitled to sell his .....
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