Court : Mumbai
Reported in : (1932)34BOMLR321
..... or otherwise with either 8et of contributories, and who would be advised by a vakil, equally dissociated from either side, whose appointment would be authorised under section 181 of the act. it will further deserve most careful consideration at the hand of the learned judge, whether in the future course of the liquidation, by whomsoever it is conducted ..... 1924, duly paying the rent reserved, when on application by the then official liquidator, the judge, on august 20, 1925, declared the lease void under section 227(2) of the act, as being a disposition of the company's property subsequent to the commencement of the winding up.48. their lordships do not go into other matters in ..... for an appeal in the company's name or, if that were not possible, for one in choir own, notwithstanding this declaration of their wishes (see section 174 of the act), the learned judge in charge of the liquidation on november 19, 1925, refused the leave asked for, on the ground thatvenkata rao was then in default .....
Tag this Judgment!Court : Mumbai
Reported in : (1926)28BOMLR1110
..... estates respectively. kaja fateh chand died as already stated in 1873; but the will he had made in 1869 was never registered under the provisions of section 13 of the act, which requires a will in favour of a younger son of the talookdar whose name does not appear in the third or fifth of the lists ..... and registered within one month from the date of its execution.43. the amendment which was made by act iii of 1910, called the oudh estates amendment act of 1910, section 6, runs thus :-6. after section 13 of the said act, the following section shall be inserted, namely :-13a. no taluqdar or grantee, and no heir or legatee of a taluqdar ..... of 1859 which was then in force governing procedure, contained no such provision as was embodied in explanation 5 to section 13, act x of 1877, and afterwards reproduced in explantion 6, section 11 of act xiv of 1882 and act v of 1908. the words, 'cause of action,' therefore, needed judicial interpretation. sir barnes peacock's dicta deserve attention. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1931All369
..... that the mortgaged property could not be sold for the satisfaction of the decree, it was held that the suit was not of the nature contemplated by section 42, specific relief act, and therefore was not a suit for a declaratory decree where no consequential relief is prayed. this view was confirmed by the fact that the plaintiff obtained ..... is distinguishable as in the present suit there is no distinct prayer for consequential relief and it is not a suit for the cancellation of an instrument under section 39, specific belief act.19. deokali koer v. kedar nath [1912] 39 cal. 704 was a suit for a declaration that a mortgage deed was fraudulent and that a ..... a full bench decision. the suit was for cancellation of a mortgage deed. the order of reference suggested that the suit was of the kind mentioned in section 39, specific relief act, and was in the nature of a simple declaratory suit. five learned judges concurred in that view, without giving any reasons. this omission is unfortunate as a .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1931All490
..... defendant died before mesne profits could be ascertained and a final decree passed. his heirs were not brought on the record. these proceedings took place before 1882, when section 244, act 10 of 1877, was in force but its phraseology was similar. a separate suit was brought by the heirs in march 1882. their lordships of the privy council ..... sell the property of persons who were no parties to the proceedings or property represented on the record. in gopi narain khanna v. bansidhar it was held that section 244 (now section 47) civil p. c., would not apply where the questions between the parties were not such as could have been determined by the court in execution of ..... permission to raise the new point of law suggested by the recent pronouncement. there have been cases where a section of a local act has been wrongly applied to a scheduled district or a suit decided in ignorance of an amending act or a village not treated as a town area in ignorance of a government notification. i have known .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1946All372
..... 'j.h. smethurst's laundry and dye works ltd., j.h. smethurst managing director,' this signature directly indicating where the liability lay.18. as to the construction of section 89, companies act, it was indeed held by a single judge of the bombay high court in in re new fleming spinning and weaving and weaving co. ltd. ('79) 3 bom. 439 ..... on the consideration and not on the promissory note, but otherwise it does not, we think, assist the appellant. the question was whether restitution should be ordered under section 65, contract act, where the mortgage on which the suit was based was found to be invalid. the chief court of oudh refused to make such an order on the ground ..... recognised that the payment had been made on its behalf. as regards the alleged liability of the l.g.j.e.d. co., the learned judge referred to section 89, companies act, and pointed out that there was nothing in the promissory note to show that it was executed on behalf of the company. though p.l. jaitly was authorised .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1945All190
..... ('35) 62 cal. 1080 'but the learned judges did not give any reason for importing a rule of english law into india in the face of the provisions of section 2, evidence act. the bombay high court has also held in premchand hira v. bai gulal ('27) 14 a.i.r. 1927 bora. 594 that the rule in russell v. russell (1924 ..... .c. 687 was a rule of the english common law which was in force previous to the year 1777 and if it applied to india it was repealed by section 2, evidence act. in 1924 a.c. 687 the question was whether the rule applied to cases of divorce. one reason given by the lord chancellor for so applying it was that ..... ) 1924 a.c. 687 does apply. blackwell j. relied on the provisions of section 7, divorce act. in my judgment the provisions of that section refer to the rules and principles peculiar to the law of divorce applicable in england and not to the rules of the other branches of law .....
Tag this Judgment!Court : Allahabad
Reported in : (1916)ILR38All552
..... not propose to discuss or consider them separately.15. the contentions of the parties on the question of presumption rest on the provisions of sections 8 and 10 of the act; and although these sections have formed the subject of discussion in several previous decisions of this board, it becomes necessary again for the purposes of this judgment to ..... former as the elder succeeded to the estate by the rule of primogeniture in accordance with the provisions of the sanad and the rule laid down in section 22 of the act. he also obtained possession without dispute, so far as appears on the record, of all the non-taluqdari property and held the same until his death ..... respect to the estate attaches also to the non-taluqdari property, and governs its devolution.26. the provision as to conclusiveness contained in section 10 is confined to estates within the meaning of the act; it does not apply to non-taluqdari property. the existence, however, of the pre-existing custom gives rise to a presumption. it .....
Tag this Judgment!Court : Allahabad
Reported in : 58Ind.Cas.105
..... certain proceedings by way of an application, or there was also a remedy by a separate suit. this court consistently held that the remedy provided by section 258 of act viii of 1859 or section 315 of acts of 1877 and 1882 was only permissive; or, in other words, it was not the only remedy open to an auction. purchaser but he could enforce ..... . 519 : 3 sar. p.c.j. 818 : 3 c. 808 : 8 ind. jur. 426 : 1 ind. dec. (n.s.) 1097 and that it was only under the provisions of section 315 of act xiv of 1882 that a right to bring a suit was recognised.6. in muhammad najib ullah v. jai narain 26 ind. cas. 59 : 36 a. 529 : 12 a ..... legally there is no bar to such a claim.2. as the appeal raises an important question of law it is necessary to consider it at some length. under section 258 of act viii of 1859 it was provided that,--'whenever a stale of immoveable property if set aside, the purchaser shall be entitled to receive back his purchase-money, with or .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1936All337; 163Ind.Cas.253
..... alleged to have been transferred by the offence with which the first set are charged. as theft is not an essential ingredient of an offence under either section 457 or section 460, i.p.c., possession of property cannot pass as a result of either of these offences.14. possession of property may pass as a result ..... trial or in any inquiry or other proceedings under this code...unless such error, omission, irregularity...has in fact occasioned a failure of justice.19. to this section is appended an explanation which reads as follows:in determining whether any error, omission or irregularity in any proceedings under this code has occasioned a failure of justice, ..... offence. counsel for the appellants rely strongly on section 238(1), criminal p.c., but in our view a conviction under section 460, i.p.c., is abundantly justified by reason of sections 236 and 237, criminal p.c. section 236, criminal procedure code, provides that:if a single act or series of acts is of such a nature that it is doubtful .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1935All425
..... either as civil litigants or accused in his court. if that theory had any support in fact then his majesty's judges would probably constitute the most hostile section of the human race. because an accused person appears before a judge in his court it is ludicrous to suggest that that judge should be presumed to ..... peters, and mr. c takes full responsibility with respect to having drafted the same.20. the question that we have to consider is whether mr. c did act recklessly and without sufficient care in drafting the written statements mentioned above and whether he was guilty of professional misconduct in having drafted the written statements in accordance with ..... bench as after giving the matter my best consideration, i have come to the conclusion that the finding recorded by the bar tribunal 'that mr. c did not act recklessly and without sufficient care' is perfectly correct. indeed having regard to the circumstances of the case, to which reference shall presently be made, i have no .....
Tag this Judgment!