Court : Allahabad
Reported in : AIR1934All695
..... right one of the most common methods of financing commercial operations would be suddenly put an end to. a cheque, as section 6 says, is a bill of exchange drawn in a special manner. but it is a bill ..... simple as it possibly could be. yet the learned judge in the lower appellate court has entered into a long discussion as to the construction of section 6, negotiable instruments act, and has come to the conclusion that a proper construction of section 6 is that a post-dated cheque is not a valid negotiable instrument. if the learned judge were .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1934All524a
..... case proceeded upon a warrant, which upon the face of it, is not in compliance with the terms of section 5 of the act. no presumption therefore arises against those who were found in the premises when the house was searched on the illegal warrant.4. the ..... in the present case was examined under section 10 although the search was not in accordance with the provisions of the act inasmuch as upon the face of it, it was issued not upon the information that the house was being used as a common ..... in a penal statute must be read strictly and if the warrant is not issued strictly in accordance with the provisions of the act then a person found in the house when it is searched may not be examined under section 10. the witness kunja tewari ..... a criminal reference arising out of a prosecution as a result of which three applicants were convicted under section 4, gambling act, of 1867. it appears that the magistrate issued a warrant for the search of a certain house where gambling according to .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1934All661
..... money debt had to be identical. the question before us is whether that principle should now be extended further to cases falling even under article 75. limitation act. the limitation act is in a sense a purely arbitrary enactment and the various starting points for purposes of limitation laid down in col. 3 of schedule 1 are equally ..... the instalments month by month as agreed upon. this additional covenant is for the benefit of the creditor. now we have no reason to hold that the limitation act regards with disfavour an additional stipulation like this and lays down that where an additional stipulation like that of the 'penalty clause' is made, the period of ..... claim for recovery of 11 instalments with proportionate interest and proportionate costs in both courts.king, j.39. the main question for consideration is whether article 75, lim. act, is applicable to the facts of this case. the language of this article seems prima facie to be applicable. the suit is 'on a bond payable by instalments .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1934All795; 152Ind.Cas.792
..... of such octroi.7. it is important to note that the words, 'with the intention to defraud the board' which occurred in the corresponding section of the municipalities act of 1900, have been deleted. in the exercise of its powers the municipal board has framed rules contained in chap. 10, municipal account code, regulating how octroi ..... a maximum of rs. 100 and may in some cases not be an adequate compensation for the injuries suffered. that case is therefore distinguishable. chap. 5, municipalities act, deals with imposition and alteration of taxes. section 128 confers the right of municipal boards to impose taxes including 'an octroi on goods or animals brought within the ..... it was held that the suit lay because the right to recover compensation on account of wrongful seizure of one's cattle existed independently of the cattle trespass act which also provided a summary remedy for compensation. it was held by the bench that the summary remedy did not take away the ordinary remedy which an .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1934All990
..... the auction purchaser in 1878. he gave effect to the trust in favour of the plaintiff by payment of the entire profits arising from the property. the indian trusts act (no. 2 of 1882), which requires a registered instrument for creating a trust had not been passed. the position would not have been materially different if ganga bishan ..... hardeo bakhsh v. jawahir singh (1877) 3 cal. 522. other similar cases are noted in chhail behari lai's taluk- dari law notes, under section 3, oudh estates act (no. 1 of 1869). similarly, though section 66, civil p.c. raises an irrebutfcable presumption in favour of the auction-purchaser, there is nothing to prevent the latter from ..... creating a trust in favour of the person who supplied the purchase money. such a course is not possible after the passing of the indian trusts act, which requires a registered instrument for creation of a trust. but twelve years' enjoyment by the beneficiary will in ge neral confer a prescriptive right even in the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1935All221; 155Ind.Cas.136
..... be applicable to a case in which money had been borrowed or alienation made by the manager of an ancestral joint family business for the proper purpose of financing that ancestral joint family business. the question as to whether in a particular case a business newly started or old is an ancestral family business will depend on ..... bench of this court, which has referred two questions to the full bench for consideration. these may be formulated as follows : (1) whether where the business to finance which money has been borrowed is a family business and the loan is for the benefit of the family, the sons are liable for the repayment of the loan ..... business and which business is non-ancestral. the ruling of their lordships will have no application to a case where the father, acting as manager, borrows money by alienating family property, for the purpose of financing a business which is ancestral property and which has been in existence as family business antecedent to the date on which the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1935All295; 157Ind.Cas.220
..... are made exercises jurisdiction,8. the contention of the applicants is that since the provisions of section 18 are mandatory no rules passed under section 6' bar councils act, can come into force, until they are published in the local official gazette. in our view this contention is untenable. had the legislature intended that rules ..... . the contention of the applicants is that inasmuch as the amended rules were not published in the gazette in accordance with provisions of section 18, bar councils act, they were not in force on the dates when the nomination of candidates and, the scrutiny of nomination papers took place and that therefore the whole proceedings ..... parties on certain other subsidiary grounds. the opposite parties did not oppose the application and were not represented before the tribunal.3. by section 6, bar councils act, of 1926, provision is made for the framing of rules governing amongst other matters the manner in which elections of members of the bar council shall be held .....
Tag this Judgment!Court : Allahabad
Reported in : [1935]3ITR177(All)
..... his adversary, the assessee would be entitled to repayment of the sums advanced by him and also to the sum of rs. 21,000 referred to above.the assessee financed the litigation, and kanhaiyalal won his appeal. apparently kanhaiyalal was not willing to pay the sum of rs. 21,000 in addition to the sums actually advanced. ..... it is expanded, no doubt, into income, profits or gains; but the expansion is more a matter of words than of substance. income their lordships think, in this act, connotes a periodical monetary return coming in with some sort of regularity or expected regularity, from definite sources. the source is not necessarily one which is expected to be ..... the assessing authorities was whether this sum of rs. 15,000 can be considered to be income, profit, or gain or business within the meaning of the income tax act. the income tax commissioner held that it was income accruing from business and, therefore, taxable. he, however, made a reference under section 66 (2) on the application .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1935All647; 155Ind.Cas.541
..... that the appellants, or some of them entered the complainant's house and threatened) his son and daughter-in-law may not be altogether reliable.5. in section 3, evidence act, there are definitions of 'proved' ''disproved' and 'not proved.' the finding of the learned sessions judge clearly means merely 'not proved.' the ground of revision turns this round into an .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1935All663; 155Ind.Cas.593
..... and the engineer had been negligent in the discharge of their duties and guilty of lack of supervision causing disorder in the affairs of the board and making its finances suffer heavily and that they were incapable and unworthy of the posts they held. the proposal was that they should be called upon to submit replies to the ..... dismissing the plaintiff.4. the first objection taken is that there was no due notice given of the business that was transacted. section 48, u.p. district boards act, requires that no business which is required to be transacted by a special resolution shall be transacted unless previous notice of the intention to transact such business has been ..... a civil court is at all maintainable and whether any relief for injunction can be granted in the face of the provisions of section 21(b), specific relief act. under that section a contract which is so dependent on the personal qualifications or volition of the parties or otherwise from its nature is such that the court cannot .....
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