Court : Allahabad
Decided on : Jan-11-1949
Reported in : AIR1949All501
..... would be a ground for discrediting the same. the test, as we have already pointed out, would, in every case, be the presence of such circumstances as could make the act of transfer an eminently desirable or urgently called for step to case the situation existing on the date of the transfer. in the present circumstances when there is no independent ..... legal necessity for the payment of debts payable by the family, that the sons were under a pious obligation to pay their father's debts, that the older sons having acted bona fide, their action could not be challenged by the younger sons, that there was no legal authority for the view, as imagined by the lower appellate court, that the .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-11-1949
Reported in : (1949)51BOMLR635
..... above, is valid, no need arises for considering the further question whether the view of the trial court that the proceedings were validly commenced under act i of 1865, under section 2 of the act of 1879, were carried over as 'pending' to be completed under the code (as they were completed by assessments in 1886) is right.52 ..... it.' the acceptance by government would include the required authorization by the government.48. as regards the sanctions, their lordships think that rule 89 read with section 102 of the act would require notification of the sanction in the gazette only in cases where the assessment has been fixed for a term of years. in. cases like the ..... the provisions of chapter viii to their villages was made to the government, and that the governor in council authorised such extension; and that sanction under section 102 of the act was granted and was notified as required by the rules. these the plaintiffs have failed to prove by direct evidence. it is true that the government .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-11-1949
Reported in : (1949)51BOMLR770
..... judgment in vellaiyappa chetty v. natarajan (1931) l.r. 38 indap 402 has stated that verses 1 and 2 inc. i, section 12 of the mitakshara, which relate to a sudra son make no mention of maintenance where the father has left no property to ..... a concubine possessing a peculiar status therein.in roshan singh v. balwant singh their lordships, after referring to the third verse of section 12 of the mitakshara, which deals with the rights of an illegitimate son of a father belonging to the higher castes, stated ..... the position assigned to an illegitimate son of a sudra by the texts. mitra misra in the viramitrodaya (c. ii, pt. ii, section 23, shastri's translation, ed. calcutta 1879, p. 130) has interpreted the texts thus:from the use of the term 'a person ..... 51 : 2 bom. l.r. 529. in hargobind kuari v. dharam singh i.l.r. (1884) all. 329 in accordance with the last sentence in the third verse in section 12 of the mitakshara it was held that an illegitimate son was entitled to maintenance so long as he .....
Tag this Judgment!Court : Privy Council
Decided on : Jan-11-1949
Reported in : AIR1949PC143
..... proceedings now pending, which have been commenced under any enactment hereby repealed, shall be deemed to have been commenced under this act, and shall hereafter be conducted in accordance with the provisions of this act." [27] section 3 (19), now (20), "alienated" means transferred in so far as the rights of government to payment of the ..... to time, to lay down rules for the administration of the survey settlements, not at variance with any provision of this act, and to declare existing settlements and all assessments, imposed according to section xxv ... fixed for any period not exceeding thirty years. the expiration of period so guaranteed shall from time to time be ..... are unfixed assessments, the levies being "experimental" rates for one year only. under s. 103 of the act, when the assessments have been announced in the manner prescribed in the first clause of the section, the survey settlement shall be held to have been introduced. whether the announcement of the settlement made to the .....
Tag this Judgment!Court : Orissa
Decided on : Jan-10-1949
Reported in : AIR1951Ori268
..... have undoubtedly a wider import.12. the question as to whether the determination of the boundary of a village (whether a boundary dispute existed or not) under section 13, madras survey & boundaries act, 1923 will affect title to a piece of land lying within the said boundary would depend very much on the nature of the claim to that land & ..... pltf. to claim arrear rent for the lands in dispute, (ii) the lower appellate ct. further erred in its interpretation of schedule 3, madras survey & boundaries act, 1923 & that the said section operates as a complete bar to the resp's claim of the disputed lands as part of his inam lands of village gurrebanda,7. point no. (i)-the ..... zamindar & not part of the inam lands of the resp. his finding was mainly baaed on some documents of the zamindar showing realisation of jeroyati rent in gurrebanda village from 1884 & also some documents exs. e. 2 b-l, r. 2 & e-l) signed by the resp's father himself showing payment of sent for jeroyati lands as distinct .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-10-1949
Reported in : 1951CriLJ939
..... from failure to explain a momentary behaviour he may very well come under the clause, but a man's failure to explain his presence does not bring him within the section.kendall & wir j.i. concurred with the opinion expressed by sulaiman c.j. (boys & banerji jj., dissenting).11. the facts of this case attract the application of the ..... satisfactory account of himself are given the meaning 'explain what he was doing' or 'explain his conduct' at any particular time or place, it would make the scope of section 109 (b) too wide. on such an extended interpretation of the expression a man could be bound over merely because he does not discharge the burden of satisfying a ..... kaur, kartar kaur & ram piari appeared in the ct. of mr. k. c. grover, mag., 1st class, at amritsar who on that date passed a joint preliminary order under section 112, cr. p.c. in this order all that was stated was that hazura singh aforesaid had no ostensible means of subsistence. there was no allegation in the preliminary order .....
Tag this Judgment!Court : Chennai
Decided on : Jan-10-1949
Reported in : (1949)1MLJ459
..... quoted by their lordships of the judicial committee at page 300 and they approved the view of west, j., as to the meaning of the word ' declare ' in section 17 of the registration act. the same view was also taken in the lahore central co-operative bank, ltd. v. qadir bakhsh (1947) 2 m.l.j. 304 (p.c.). in view of ..... (p.c.) the word 'declare' really implies that the document itself creates a title; a mere recital of a fact is not a declaration within the meaning of section 17 of the registration act. it implies a declaration of will and not a mere statement. in the document before the judicial committee, the language was:that in view of the petition filed ..... be pleased to sanction the same or order a fresh grant on the same terms to be executed. that was held to be not a declaration within the meaning of section 17 requiring registration. the importance of the case before the privy council however is that it approves an earlier decision of west, j., in sakharam krishnaji v. madan krishnaji i .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-08-1949
Reported in : 1950CriLJ167
..... 82. : 44 cr.l.j. 337 to the facts of this case i find that the present case does not come within mischief of section 399, penal code, no evidence of any conspiracy to commit dacoity has been examined. there is no evidence in this case that any one ..... the intention and for the purpose of forwarding that design may justify the court in holding that there has been preparation within the meaning of the section.varma j. concurred with the opinion expressed by rowland j.8. now, applying the rule laid down in jain lai v. emperor a.i ..... passed and that of attempt has reached. but it is an offence under section 399 to make any preparation for committing dacoity. no hard and fast rule can be laid down that any particular act or any particular kind of steps are necessary to constitute 'preparation'. the essential ..... harnam singh, j1. the six appellants in this case have been convicted under section 399, penal code and sentenced to undergo five years' rigorous imprisonment each.2. the prosecution case is .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-07-1949
Reported in : 1949CriLJ573
..... the said shop himself and it was on 26th jane 1948 that the respondent put his own lock on the aforesaid premises.3. the resident magistrate, thereupon, acting under section 145(1), criminal p.c., passed the preliminary order which reads.whereas i am satisfied from the information placed before me by bishambar nath applicant that then ..... of the 'express motor garage' should be restored to the parties, they being in joint possession. on the rinding that the application was not competent within the meaning section 145, criminal p. g., the resident magistrate bas no jurisdiction to direct that the possession of the 'express motor garage' should be restored to the parties, ..... decision of the magistrate proceeds upon the finding that the applicant had acquired no interest in the premises on the basis of the partnership deed. as stated above section 145, criminal p. c., is concerned solely with actual possession and the question how the party came into possession is not the matter for enquiry in .....
Tag this Judgment!Court : Kolkata
Decided on : Jan-07-1949
Reported in : 1950CriLJ144
..... the respondents. however, he did not express his view as to whether there were or were not any breaches of the factories act.9. the section of the factories act relating to fencing is section 24. sub-section (1) of that section is in these terms :in every factory the following shall be kept adequately fenoed, namely:(a) every exposed moving part of ..... mr. mukherjee then argued that no notice was served on the manager of this factory of the defects complained of as required by 24 (2) of the act. that sub-section is in these terms:if it appears to the inspector that any other part if the machinery in a factory is dangerous if not 'and quietly fenced, he ..... 1947, sri s. k, sinha, inspector of factories, inspected this factory and found moving parts of the machinery not securely fenced or guarded as required by section 24(i)(c), factories act, read with n, 24(1), bengal factories rules. in particular the back and change gears of lathes, toothed gears of the boring mills, oblique belts driving .....
Tag this Judgment!