Court : Mumbai
Decided on : Sep-05-1949
Reported in : AIR1950Bom217; (1950)52BOMLR40
..... but that the names of dr. jivraj mehta and casamalli munjee should be included.5. turning to the law on the subject, when we look at the indian companies act, under section 184, power is given to the court as soon as may be after making a winding up-order to settle the list of contributories and the power is also given ..... to this: has the appellant established that there was on the part of the company some omission which gives him a right to ask for a relief under section 38 of the indian companies act?7. it is urged by mr. rege that both casamalli munjee who was the chairman of the board of directors and mr. jhaverj who wag the secretary ..... to rectify the register of members. but that power is limited to those cases where rectification is required in pursuance of this act, and the only section which empowers the court to rectify the register of members is section 38. that section provides for two cases in which the rectification of the register may be made and those two cases are:(a) where .....
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 : Allahabad
Decided on : Aug-22-1949
Reported in : AIR1950All45
..... judge was of the opinion that hamid husain, having; failed to delay the proceedings further, had set. up his sister to file the objection under section 11, encumbered estates act. the learned special judge dismissed the application on the ground that the application was barred by time.2. learned counsel for the appellant has urged ..... result in creating complications and in doing injustice to certain creditors as against the others, we think that the language of the section is clear on the point. sub-section (2) of section 11, encumbered estates act, provides that if any person has 'a claim to the property' mentioned in such notice--that would obviously mean the ..... it is also admitted that several items of zamindari were transferred under sale deeds dated 19th march and 22nd march 1947, before the claim under section 11, encumbered estates act was filed. the learned judge was, therefore, right in his view that the application was barred by limitation having been made after the collector had .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-05-1949
Reported in : AIR1950All87
..... debtor, but the question that has to be determined, is whether he is a debtor also within the meaning of the act. this word has not been defined in the act. although 'debt' has been defined in section 2(8) to include a pecuniary liability except a liability for unliquidated damages, the contention of the learned counsel for the ..... subject to some pecuniary liability is to be regarded or not to be regarded to be a debtor. section 4 of the act, however, is helpful in solving this problem. this section enables a landlord to apply for the benefits of the act, and divides landlords into two categories, the first category being of landlords who are subject to private ..... purchased by him was not liable for the payment of the debts of the applicants under the encumbered estates act. his claim was allowed in the year 1944. mohan lal then applied under section 9(5), encum-bered estates act, praying that the debt due to him be apportioned between the landlord applicants and gokaran singh, and that .....
Tag this Judgment!Court : Allahabad
Decided on : Dec-21-1949
Reported in : AIR1952All621
..... , j.1. these five applications are for revision of judgments of the ses. j. of mathura confirming the applicant's convictions & sentences under section 7, essential supplies (temporary powers) act, 1946 (act xxiv [24] of 1946) read with clause 3 (iii), d. p. food grains (movement) control order, 1948. the facts found by ..... in council in respect of the above matters notwithstanding their being in the concurrent list. acting in pursuance of this authority, the indian legislature passed the essential supplies (temporary powers) act, 1946, (act xxiv [24] of 1946). section 3 authorizes the central govt., so far as it appears to it to be necessary ..... (i). the control order was issued under the authority of section 3 (2) (d), essential supplies (temporary powers) act, 1946. that provision was enacted under the authority of the british parliament act & was intra vires of the indian legislature. the british parliament act itself empowered the indian legislature to delegate its power of making .....
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 : Chennai
Decided on : Oct-14-1949
Reported in : AIR1950Mad358
..... question whether the sales were really void and not merely voidable. in my view such sales in disregard of the absolute provisions of any of the sections of the estates land act apart from cases where there is no jurisdiction at all to sell, relate only to illegalities which make the sale voidable and in such cases the ..... an earlier decision of a single judge in kadirvelu ambalam v. alagappa ambalam : air1934mad725 that where the sale officer has not done things referred to in section 117, estates land act, the sale would be unlawful or illegal although it was a superior officer who actually fixed the terms of the proclamation and the other relevant matters. consequent ..... contention. 5. i shall now proceed to deal with the two questions raised and pressed before me. it is now settled law that proper notice under section 112, madras estates land act, is a condition precedent for creating jurisdiction in the collector to sell a ryot's holding under chap. vi. where there has been no such notice .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-31-1949
Reported in : AIR1950All109
..... a judgment is binding upon the entire world not only according to the english law (vide bigelow on estoppel, 6th edn. p. 256) but also according to section 41, evidence act. another analogous judgment is one appointing a guardian of a minor's estate ; so long as that judgment stands unreversed it constitutes a full warrant for the demand ..... as a juristic person having power to appoint a mutwalli.24. even if a juristic or artificial person was not recognised in the pure mohammedan law, a court acting under section 92, civil p. c., has certainly the power to appoint a corporation as a mutwalli of a waqf because it is then governed by the rules of procedure ..... . similarly, it is not necessary to decide whether the contesting defendants are bona fide purchasers. even if they were bona fide purchasers, they cannot seek protection under section 41, t. p. act, against: god. latafat ali, etc., could not pass a better title to them than what they themselves had and they had none. i am not satisfied .....
Tag this Judgment!Court : Orissa
Decided on : Sep-13-1949
Reported in : AIR1950Ori47
..... undoubtedly be 'taxes' but 'fees' seem to stand on a different footing. though 'fees' have nowhere been defined in the government of india act, in sub-section (2) of section 37 and sub-section (2) of section 82 it is clearly indicated that fees for license or fees for services rendered should not be deemed to be taxes and any bill containing, ..... products sales adjustment committee v. crystal dairy ltd., 1933 a c. 168: (102 l. j. p. c. 17) and reference under the government of ireland act, 1920 and section 3, finance act, (northern ireland, 1934, 1936 a. c. 352. these cases while no doubt showing that compulsion is an essential feature of taxation, do not show that it is ..... his contributions is in fact taxation it is not necessary finally to decide.'23. mr. basu then relied on in re a reference under the government of ireland act, 1930 and section 3, finance act (northern ireland) 1934, (1936) a. c. 352. but that decision is of no help in deciding the main question in she present case. there .....
Tag this Judgment!Court : Chennai
Decided on : Dec-14-1949
Reported in : AIR1952Mad259; [1951]19ITR487(Mad)
..... not have been in force in the standard period'. 8. this provision applies for purposes of calculation of profits and attracts the rules of depreciation provided by section 10(5), indian income-tax act, 1922, as amended in 1939; & this provision for the first time introduces the definition of written down value which means (a) in the case ..... the subsequent period was only . 50.000 an adjustment downwards would have to be made'.15. then the learned lord refers to section 13(3) proviso, corresponding to the proviso to section 6 of the present act & proceeds to observe with reference to that proviso;'there are one or two things about that language which are worth noting. first ..... rebate to the ministry ceased to be part of the capital even in 1941 though it was actually paid in 1943. the section corresponding to the rule 1 in schedule ii of the indian act was the subject-matter of consideration and as there was not even the liability incurred during the chargeable accounting period in respect of .....
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