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 : Kolkata
Decided on : May-02-1949
Reported in : AIR1950Cal1
..... the dar-patni so purchased. the dar-putni would not be an accession ipso jure so far as the mortgagor is concerned. the combined effect of section 90, trusts act and section 63, t. p. act, is that till the redemption of the security, the accession, that is, the purchased property, does not become the absolute property of the mortgagor. ..... in the eye of law. the learned subordinate judge, in our opinion, was right in the view he took of the matter. in this view, section 168a, bengal tenancy act, precludes maya debi from proceeding against the other properties of the judgment debtors by attachment and sale thereof. it only remains for us to consider the prayer ..... the case of midna-pur zemindary co. ltd. v. saradindu mukho-padhaya : air1948cal250 and the rights of the depositor were worked out on the footing that section 76, t. p. act was attracted.16. the above discussion, therefore, shows that the position of the depositor is not that as contended for either by mr. mukherjee for the appellants .....
Tag this Judgment!Court : Kolkata
Decided on : Jul-22-1949
Reported in : AIR1950Cal85,54CWN139
..... taken by rankin j. in the case of in re kalipada mukherji : air1930cal686 , was held to have become obsolete in view of the amendment of section 17, court-fees act by section 12, bengal act, (act vii [73 of 1935), 1935.15. the answer to the question formulated really depends on the meaning of the word 'relief' occurring in that clause ..... was recognised in the case of narayangunj central co-operative sale and supply society ltd. v. mafizuddin ahmed : air1934cal448 , and is now embodied in section 7(4)(c), court-fees act as amended by section 7 (2), bengal act, (act vii [7] of 1935), 1935. as pointed out, however, in the case of star trading and investment ltd. v. ashutosh mukerjee : ..... put a valuation as best as it can in the circumstances of each particular case.13. coming to the third question, the material provision is section 17(2), court-fees act which runs as follows:''where more reliefs than one based on the same cause of action are sought either jointly or in the alternative, the fee .....
Tag this Judgment!Court : Rajasthan
Decided on : Oct-17-1949
Reported in : AIR1950Raj8
..... , on the facts, there was no justification for such an order, even if the trial magistrate was authorized by the law to make such an interim order in proceedings under section 147, criminal p. c. the other ground mentioned by the learned district magistrate is also correct. in my opinion, he is quite right in saying that a magistrate, in whose ..... the district magistrate of nagaur that an order passed by a magistrate of parbatsar on 25th october 1943 be set aside.2. kama, sukha and jetha filed an application under section 147, criminal p. c., in the court of the magistrate in question on 18 th september 1948 and alleged that they had a right of way across the field of ..... , criminal p. c., are pending is not authorized by the law to pass such an order. the second proviso to sub-section (4) of section 145 of the code, on which the trial magistrate relied, does not authorize such an order.6. for the reasons stated above, i accept the reference and set aside the .....
Tag this Judgment!Court : Allahabad
Decided on : Sep-13-1949
Reported in : AIR1950All266
..... i am certainly opposed to treating a revision application as an easy substitute for an appeal under section 417. i am not impressed by the distinction between a case of a personal nature in which the provincial government is not likely to be so interested as ..... from him a sewing machine at calcutta. but the opposite party neither bought the machine nor returned the money to the applicant. the applicant thereupon prosecuted him under section 406 and succeeded in the trial court but not in the sessions court. the defence of the opposite party in both the courts was that the applicant had paid ..... of revision what it can do only on appeal. i cannot go to the extent of saying that a high court should not act in revision at all because the remedy of an appeal under section 417 is open as that would amount to legislating by denying the power of interference with acquittal and revision which undoubtedly exists. but .....
Tag this Judgment!Court : Orissa
Decided on : Oct-28-1949
Reported in : AIR1950Ori114; 15(1949)CLT123
..... the province of orissa to howrah. but there in one important distinguishing feature between that case and the present appeal. in that case the prosecution was under section 7 read with section 17 of act xxiv [24] of 1946 whereas in the present appeal the prosecution is for an offence under rule 81 (4), defence of india rules. rule 121, ..... expired, the liability for any penalty for contravention of any of the rules or orders made thereunder still continues to exist by virtue of the amendment made to sub-section (4) of section 1, defence of india rules, by ordinance xii [12] of 1946.5. the advocate-general's main contentious were that there was no conflict between the impugned ..... defence of india rules says clearly that the doing of any act preparatory to a contravention of any of the provisions of the said rules shall be deemed to .....
Tag this Judgment!Court : Rajasthan
Decided on : Nov-14-1949
Reported in : AIR1950Raj58
..... g. raj is neither a deputy nor an assistant custodian. it is thus clear that k.g. raj had no authority to act under section 6 or 7 or 8. shri k.g. raj himself had acted under these sections of the ordinance of on behalf of the deputy custodian as the words 'for the deputy custodian udaipur city' occurring after his ..... writ of certiorari can only be directed against the authority which has to perform judicial functions and upon which is cast a duty to act judicially and not to act in excess of its jurisdiction. as under section 3 of the bombay requisitioning ordinance, it is provincial government which is empowered by order in writing to requisition any land, it is ..... giving reasonable warning and facility to any woman not appearing in public to withdraw, remove or break open any lock, bolt or any door or do any other act necessary for the said purpose. section 8--claims by interested persons. (i) any person claiming any right to, or interest in any property which has been notified under .....
Tag this Judgment!Court : Privy Council
Decided on : Dec-19-1949
Reported in : AIR1950PC90
..... purchase price from 9th september 1942 (the due date for completion) until it was paid? it would appear from the supplementary judgment delivered by the learned acting chief justice on 19th september 1947, that he associated this question with that discussed at (5) above and regarded the circumstance that the contract did not ..... raised by this question have narrowed considerably during the course of proceedings. specific performance was sought against the additional appellants under s. 27 (b), specific relief act, 1877. as it was admitted that they took their transfers of the shares in question with notice of the contract sued upon, the applicability of this ..... 3rd september 1939, acquire any securities from a person not resident in india or burma. * * * * * * * rule (2). any person........who does any act preparatory to a contravention of any of the provisions of these rules........shall be deemed to have contravened that provision." for the defendants, it was contended that to agree to .....
Tag this Judgment!Court : Chennai
Decided on : Oct-19-1949
Reported in : AIR1950Mad266
..... there is lack of bona fides on the part of the government in resorting to the provisions of the act when the petitioner could have been, if the case for the government were true, prosecuted under section 5, explosive substances act, 1908 (act vi [6] of 1908). 10. after anxious consideration, i am of opinion that the view of ..... horwill j. on the two points is correct. i had occasion to consider the object of the provisions of the madras maintenance of the public order act, 1947, requiring the government ..... i also agree with horwill j. that the fact that the government had abandoned the intention of prosecuting the case initiated against the petitioner under the explosive substances act is undoubted proof that the government did not believe in the truth of the allegation now made. if the government were really serious in the charge .....
Tag this Judgment!Court : Mumbai
Decided on : Sep-15-1949
Reported in : AIR1950Bom77; 1950CriLJ662
..... was no compliance with that order even on 28th september 1943 and it follows that when the appellate magistrate summarily dismissed the appeal, he could not have acted under section 431, criminal p.c., because that section postulates the perusal of a copy of the judgment. this was the view of bennet j. in emperor v. bansgopal : air1934all206 in which he made ..... 288: 30 cri l. j. 749 that where a criminal court dismisses an appeal for default of appearance, it is not a judgment and that the judgment contemplated by section 869 is a decision on the merits.8. on this view with which i am in respectful agreement, the appellate magistrate's order in the present case may be regarded ..... appeal was due to the non-filing of the judgment for the reason that the appellate magistrate made no reference of any kind to the merits of the appeal.7. section 419, criminal p.c. lays it down that every petition of appeal shall, unless the court to which it is presented otherwise directs, be accompanied by a copy .....
Tag this Judgment!