Court : Mumbai
Decided on : Jan-27-1949
Reported in : AIR1951Bom205; (1950)52BOMLR688
..... not exist therein for the purpose of giving effect to the obvious intention of the legislature.8. i may incidentally refer to the provisions of section 9, income-tax act, 1922. under that section tax on property is payable by an assessee in respect of 'property consisting of any buildings or land pertaining thereto of which he is the ..... belongs to thelessee and not to the lessor.4. but it is urged in this case that although this may be the correct position under section 108(h), t. p. act, the act applies to cases where there is no agreement to the contrary. i have, therefore, to consider the provisions of the agreement to lease as well ..... ownership of' though not necessarily 'of the absolute ownership of.' these words have been interpreted in cases that have arisen for determination in the english courts under section 557, merchant shipping act, 1894, which provides that if salvage services are rendered by any ship 'belonging to her majesty' no claim shall be allowed for any loss, damage, etc .....
Tag this Judgment!Court : Orissa
Decided on : Jan-25-1949
Reported in : AIR1950Ori250
..... also been taken by the patna high court in a similar case and there is no reason to think that the terms of the bihar act are far different from the provisions of the orissa act. section 13, bihar act lays downs : 'no order for recovery of possession of any house shall be made so long as the tenant pays, or ia ..... from computation and consequently the tenancy would terminate on the 11th of the succeeding month. this argument appears to me to be fallacious. in the first place, section 110, t. p. act applies only to cases where there is an express agreement limiting the period of the lease from a particular day. in the case of periodic leases, such as ..... allegation, the tenancy commenced on the nth of a month and the notice purports to terminate the tenancy with effect from 10th august 1943. reliance is placed on section 110, t. p. act, which lays down that where the time limited by lease of immovable property is expressed as commencing from a particular day in computing the time, such day .....
Tag this Judgment!Court : Kolkata
Decided on : Jan-25-1949
Reported in : AIR1952Cal427
..... 'class' but only to establish a special incident of gifts to classes) it is not made applicable beyond the two cases contemplated by sections 100 & 101.'the said sections 100, 101 & 102, succession act (now sections 113, 114 & 115 of the said act) were placed before their lordships in support of the contention that when a gift is made to a class & some of the ..... their lordships decided the said case on other grounds which i shall presently indicate their lordships in their judgment while discussing in effect of sections 100, 101 & 102, succession act (equivalent to present sections 113, 114 & 115 of the said act) stated as follows:'independently however of the distinction which may be taken between wills the operation of which is suspended during the testator .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-24-1949
Reported in : AIR1950Bom144
..... ariff 39 i. a. 237 : 40 cal. 1 p.c.. in that case a certificate of incorporation of a company issued under section 41, companies act, 1882, (corresponding to section 24 of the act now in force) was sought to be challenged. the circumstances of the case were somewhat unusual. a wealthy gentleman wishing to transfer his property ..... requisitions which require legal determination in my opinion their lordships wore not dealing with this question. one of the requisites that a company must satisfy under section 5, companies act is that its objects must be lawful. can it be said that if a company was formed for unlawful objects the certificate of registration can prevent ..... to a contrary conclusion. in support of his contention he drew my attention to the definition of 'evidence' in section 3 and of 'conclusive proof' in section 4, evidence act and also to section 112 of that act which provides that the birth of a child during marriage is conclusive proof of legitimacy. i must confess my inability .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-24-1949
Reported in : (1949)51BOMLR997
..... such facts since these are not matters of evidence. notwithstanding the proviso, therefore, the legal concept of vacancy is still left for objective determination and the act of requisition under section 6 is quasi-judicial.16. i am free to confess that during the course of a long, interesting and full argument my mind wavered a good ..... which require legal determination? in my opinion their lordships were not dealing with this question. one of the requisites that a company must satisfy under section 5 of the companies act is that its objects must be lawful. can it be said that if a company was formed for unlawful objects the certificate of registration can ..... .r. 39 indap 237 : 17 bom. l.r. 1211. in that case a certificate of incorporation of a company issued under section 41 of the indian companies act, 1882, (corresponding to section 24 of the act now in force) was sought to be challenged. the circumstances of the case were somewhat unusual. a wealthy gentleman wishing to transfer his .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-24-1949
Reported in : 1950CriLJ177
..... his behalf, so that arguments had necessarily to come for the most part from the bench; but finally they resolved themselves into a question of the interpretation of section 9, evidence act. it is, we think, correct to state generally that an accused must be convicted upon evidence recorded by a judge in the course of the trial by him ..... in the course of identification proceedings in the jail is not admissible.29. in the first place this judgment does not proceed upon the consideration of the provisions of section 9, evidence act, and in the second place, the witness in that case had stated at the trial that he could identify no one. with great respect, i am constrained ..... . in bindeshri v. king-emperor a. i. r (14) 1927 all. 163 : 27 cr.l.j. 1358, bannerji j. held :i am not aware of any section of the evidence act, which makes the identifloation prooeedings evidence at all, the only evidence, therefore, before the court was the statement of birjhan that he was among the daooits.now it appears .....
Tag this Judgment!Court : Privy Council
Decided on : Jan-24-1949
Reported in : AIR1949PC156
..... endowment board and empowered it to take over control of temples dedicated to the use of the public. section 63 of the act empowered the board to settle a scheme of administration for the endowments connected with a math or temple. section 84 of the act was in the following terms: "(1) if any dispute arises as to whether an institution is a ..... the exercise of its jurisdiction illegally or with material irregularity, the high court may make such order in the case as it thinks fit." [17] as long ago as 1884, in the case of amir hassan khan v. sheo baksh singh, 11 ia 237 : (11 cal 6 (pc)),. the privy council made the following observation upon s. 622 of ..... can see no justification for any such view ; it would indeed be difficult to formulate any standard by which the degree of error of subordinate courts could be measured. section 115 applies only to cases in which no appeal lies, and, where the legislature has provided no right of appeal, the manifest intention is that the order of the .....
Tag this Judgment!Court : Chennai
Decided on : Jan-21-1949
Reported in : (1949)1MLJ475
..... illustration. in that case, the othidar had inducted other persons as his tenants. the learned judge rules that they would not be tenants within the meaning of section 3(v) of the act and that they were liable to be evicted, because if the person from whom they held was not a tenant, the so-called sub-tenant would have ..... the security. the petitioner contends that the ' othidar' in the present case is a ' tenant' paying, rent within the first part of the definition in section 3(v) of the malabar tenancy act or at any rate an ' intermediary,' within the latter part of the definition and in either case, entitled to a stay of the proceedings for redemption which ..... common ground that they have transferred such possession to others. an intermediary is expressly included in the definition of a 'tenant' in clause (v) of section 3 of the malabar tenancy act... but it is contended by counsel for the respondent that a mere intermediary would of be a tenant but he should also be a person who had paid .....
Tag this Judgment!Court : Chennai
Decided on : Jan-21-1949
Reported in : (1949)1MLJ231
..... in this appeal is whether a general notification of this kind without specification of either the disputes or the firms in which disputes have arisen, is competent under section 7 of act xiv of 1947. subba rao, j., held that it was not competent and that the tribunal had no jurisdiction to enquire into disputes brought before it by ..... tribunal as the case may be, to make enquiries in accordance with the terms of reference and in accordance with the provisions of the act and the rules framed thereunder. under section 11(3) every board, court, and tribunal has the same powers as are vested in civil courts under the civil procedure code; and every enquiry or ..... with regard to disputes arising in engineering firms and type foundries; but the question immediately before us is whether it is equally valid under section 10(1) of the act.3. the general purpose of the act is to settle disputes which have arisen or are apprehended. it is the duty of the board, or court of enquiry, or .....
Tag this Judgment!Court : Chennai
Decided on : Jan-21-1949
Reported in : (1949)1MLJ422
..... r. 75 indap 225 : 1948 f.l.j. 23 (p.c.). under rule 55 of the rules framed under section 96(b) of the government of india act, 1919, in the case of an enquiry into the conduct of civil servants it was there provided that the grounds on ..... the rest of the rule is not relevant. it will be seen on a comparison of the language of section 240(3) of the government of india act with the language of rule 5 that all that is required to be done under the latter rule is ..... proposed action was not given in that charge to the plaintiff' and that therefore the dismissal was illegal. under section 240(3) of the government of india act, it has been provided in the case of a member of the civil service that he should not be ..... to the appointment and punishment of officers and servants of the local boards framed by the provincial government under sections 70, 72 and 199 of the madras local boards act states:no order of dismissal, of removal, of reduction, of suspension not being one pending inquiry or withholding .....
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