Court : Chennai
Decided on : Nov-14-1949
Reported in : AIR1950Mad661; [1950]18ITR213(Mad)
..... and we agree with the appellate tribunal that there was no ambiguity in the article and there was no conflict between the article as it stood and section 79, companies act. article 12 before its amendment was a well-known and common form occurring in articles of limited companies, the object of the article as it originally ..... the next question that was raised is whether the amendment of the article by the resolution of the company amounts to a transaction within the meaning of section 10a of the act. the word 'transaction', has been interpreted in a very wide sense and was applied to varying circumstances and facts. the dictionary meaning as given by ..... he was not fully appraised of the circumstances under which the amendment wag carried. that would not, however, preclude the department from invoking the provisions of section 10a, excess profits tax act, in order to get rid of the effect of the amendment and deal with the question in its true perspective. we are, therefore, of opinion .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Nov-14-1949
Reported in : AIR1950MP28; 1950CriLJ813
..... jurisdiction to entertain and dispose of such appeals, revisions and other cases, civil and criminal, as it may be empowered to do under this act. he also referred to section 32 of the act by which all court, civil and criminal, in the united state shall be subordinate to the high court and the high court shall have ..... those under which the writ of mandamus is issued in england. it was further held that patna high court does not possess any powers either under section 4, specific relief act or letters patent, to issue writs of mandamus similar to those possessed by the calcutta high court and the high court of bombay and madras. in ..... the authority constituting the court. if it is unlimited, there is no matter of which it cannot take cognizance. the jurisdiction conferred on this court by section 23, high court act is a limited jurisdiction and within the prescribed limits there is no enactment under which the application can be entertained. for this reason the application is rejected .....
Tag this Judgment!Court : Mumbai
Decided on : Nov-14-1949
Reported in : (1950)52BOMLR467
..... not yet statute barred. but it appears to them that it is difficult to apply this principle unless the acknowledgment is such as to satisfy the conditions of section 19 of the indian limitation act. it must be in writing and it must be signed. these conditions were not in the present case satisfied. their lordships are accordingly of opinion that ..... be sustained. for apart from any other reason for rejecting them it is conclusive that the high court thought fit to take advantage of the provisions of the orissa moneylenders act, to reopen the whole of the transactions which culminated in the hand note of november 8, 1934, and to allow simple interest at 12 per cent, per annum up ..... before doing so it is necessary to note that during the pendency of the appeal from the subordinate judge to the high court the provisions of the orissa moneylenders act (orissa act iii of 1939) were extended to sambalpur and that the appellants claimed in the high court that they should have the benefit of this .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Nov-14-1949
Reported in : 1951CriLJ917
..... rely upon the evidence given by them at the trial.10. mr. d. n. aggarwal contends that it would not be safe to act upon the evidence of manga earn. he points out that in the first place according to the evidence of mange earn, the extra-judicial confession ..... rigorous imprisonment for three years.16. in the result while maintaining the conviction of chandan under part it of section 304, i. p.c., i reduce the sentence imposed upon him from five years' rigorous imprisonment to that for three years' rigorous imprisonment. ..... section 304,1. p.c. & that being so, i maintain the conviction of chandan under part ii of section 304, i. p.c.15. but considering the cause of the fight & the injuries caused ..... to jug lal deceased which proved fatal.14. as mentioned above, chandan has been convicted under part ii of section 304, i. p.c. it is not disputed before me that the facts of this case, if true, fall within part ii of .....
Tag this Judgment!Court : Chennai
Decided on : Nov-11-1949
Reported in : AIR1953Mad13; (1952)IIMLJ416
..... may be so.but this alteration in our opinion does not affect the result in the case. as anomalous mortgages are now included in section 58 of the act the application of sections 68 and 67 of the act is not excluded as under the old law. this is really the effect of the amendments introduced in 1929. even under the old ..... was instituted within the period of 35 years, the judicial committee held that as the plaintiff was deprived of part of his security, he was entitled under section 68 of the act to recover the mortgage money as it became payable under s, 68 in conseauence of the failure to deliver possession. they further held that as the money ..... held that the mortgage in question was an anomalous mortgage and not a combination of a simple mortgage and a usufructuary mortgage and therefore section 68 of the act was inapplicable, as it was excluded by section 98 and passed a decree for possession only in accordance with the terms of the mortgage deed in substitution of the decree for sale .....
Tag this Judgment!Court : Allahabad
Decided on : Nov-11-1949
Reported in : AIR1950All342
..... covenant, it cannot be said that there is a treaty between the two governments for the extradition of offenders within the meaning of section 18, extradition act and that section will not apply. the section refers to: 'the provisions of any treaty for the extradition of offenders'and it is argued that, unless there is an express ..... iv of the treaty, dated 8th may 1867, between the british government and hyderabad state?.' 34. the high court considered the effect of section 18, extradition act upon the treaty. the section runs as follows:'nothing in this chapter shall derogate, from the provisions of any treaty for the extradition of offenders and the procedure provided ..... case with respect to an extradition warrant received from the hyderabad state. one of the questions referred to the high court was:'whether in view of section 18, extradition act (xv [15] of 1903), the offence of cheating is an extradition offence, so far as british india and hyderabad state are concerned notwithstanding its .....
Tag this Judgment!Court : Karnataka
Decided on : Nov-11-1949
Reported in : AIR1950Kant26; AIR1950Mys26
..... hinduism to the extent that in both kinds of cases, the marriages prior to conversion have been regarded as valid for the purpose of considering whether an offence under section 494, penal code is committed when the converted persons marry again after conversion during the lifetime of the first wife or husband, but whether they commit an offence under ..... to christianity commits the offence of bigamy if he or she marries when the hindu spouse is alive unless the first marriage is dissolved. under the native converts marriage dissolution act, it is recognised. the marriage prior to conversion is not dissolved by the conversion. i may here refer to in re millard, 10 mad. 218 and gobardhan dass ..... ;kst;sr alfkkius'kq /kez;qs'kq u hew[kzfo/kafez'kqaa6. from this it does not follow that the marriage tie is severed by conversion or by any act of the parties. hindu law does not regard marriage as a mere contract. it regards that marriage makes the husband and wife one person. according to it, marriage .....
Tag this Judgment!Court : Chennai
Decided on : Nov-09-1949
Reported in : AIR1950Mad715; [1950]18ITR310(Mad)
..... sastri, j.10. i agree with my learned brother. the question whether a visit is a casual or an occasional visit within the meaning of section 4-a (a) (iii), income-tax act depends not on mere presence in british india but on the quality of the presence in relation to the objects and intentions of the person sought to ..... or a casual one and that, therefore, the second requirement was also satisfied and that the assessee was a resident in british india within the meaning of section 4-a (a) (iii) of the act.3. there is no decision which has considered the expression 'occasional' or 'casual' visit; and though the expressions are capable of easy application to given ..... was in british india in the previous year otherwise than on an occasional or casual visit.' the relevant clause of the section referred to in the question is as follows:'section 4a (a) (iii) for the purpose of this act any individual is resident in british india in any year if he having within 4 years preceding that year been in .....
Tag this Judgment!Court : Orissa
Decided on : Nov-09-1949
Reported in : AIR1951Ori248
..... & that any alienation of the same made by the previous zamindar would, therefore, be valid even after his death & would not be hit by the madras impartible estates act, 1904; (ii) in any case, the pltf. has perfected her title to those lands by adverse possession; (iii) in the family of bodokhemidi zamindars there was a ..... a' schedule lands in village kattubati by sri krupamaya ananga bhima deo ceased to be operative after his death by virtue of the provisions of the madras impartible estates act, 1904 & that she acquired no right over the said lands either by virtue of the grant or by adverse possession as claimed by her.4. the main ..... the pltf. claims to be the illegitimate daughter of sri krupamaya anauga bhima deo, the late zamindar of bodokhemidi estate which is an impartible estate under the madras impartible estates act, 1904. the principal deft. (deft. 1) is the present zimindar of bodokhemidi estate & is the legitimate son of sri krupamaya ananga bhima deo. the other defts. .....
Tag this Judgment!Court : Kolkata
Decided on : Nov-09-1949
Reported in : AIR1950Cal156
..... 694 : (83 c. l. j. 389) in which it was held by a bench that the use of the word 'admitted' occurring in the proviso to sub-section (5) of section 174, bengal tenancy act, was intentional and the legislature provided for the deposit of the money to be in time if it was so done before the appeal is admitted by a ..... march 1948. on that date the appellant presented the appeal, but he did not deposit in court the amount recoverable in execution as required by the proviso to section 174 (5), bengal tenancy act. the court made the following order -- that the appeal be registered and the appellant was directed to deposit the amount recoverable in execution of the decree within ..... petition for revision of an order of a lower appellate court dismissing an appeal from an order of a learned munsif refusing to set aside a sale under section 174, bengal tenancy act.2. it will be unnecessary to deal with the facts of the case in any detail because the case was disposed of on a point of limitation.3 .....
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