Court : Allahabad
Reported in : AIR1931All113; 129Ind.Cas.719
..... . it was held inter alia that 'a certain date of payment' was an essential element of a mortgage by conditional sale within the meaning of sub-section (c), section 58, t.p. act. we doubt the correctness of this proposition in the form in which it has been enunciated.42. in abdul gaffur v. sheikh jamal [1913] 21 i ..... the relation of the written language to existing facts-oral evidence for the purpose of ascertaining the intention of the parties to the deeds being inadmissible under section 92, evidence act, and that there were contained in the deeds indications that the parties intended to effect a mortgage by conditional sale. the ratio for the decision has ..... sale consideration . was paid by wiping off a previous mortgage debt in favour of the vendees, dated 8th april 1872. the balance was retained by the vendees for financing expenses of conducting certain factories. the vendees executed a second document in favour of the vendor, where-fey they agreed to resell the property to him, if he .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1932All5
..... court had no jurisdiction to make a declaration and that the decree of the lower court has been passed in the teeth of the prohibition contained in section 48, guardians and wards act. the respondent meets this contention by pointing out that he was not made a party to the proceeding for appointment of guardian. i am not concerned ..... of the respondent.12. the whole of this passage is manifestly founded upon a misreading and mis-appreciation of the object and scope of section 48, guardians and wards act. there is nothing in that act to prevent the plaintiff from maintaining a suit in the civil court for a, declaration that the minor ward is his lawfully wedded wife. ..... with the question whether the plaintiff-respondent was or was not made a party to the proceeding of appointment of guardian. section 48 expressly says' an order made under this act shall be final,' and 'shall not be liable to be contested by a suit or otherwise.' to allow therefore the suit to be maintained .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1933All371
..... that on the date of the execution of the sale-deed, mt. hamidan was a minor. the sale of her interest in the property was therefore void under section 11, contract act. on 4th june 1927 mt. hamidan brought a suit in the court of the city munsif of benares for the' avoidance of the sale-deed so far as ..... him during his minority can-celled without making good to the appellants the consideration which is proved to have been actually paid by reason of the provisions of section 41, specific relief act. as regards this contention which is now pressed before us we may observe that no materials were laid before the lower courts nor have any been laid before ..... decree. a number of authorities have been cited by the appellant but they are of no assistance to her and are opposed to the rulings of this court. section 41, specific relief act, provides that:on adjudging the cancellation of an instrument, the court may require the party to whom such relief is granted to make any compensation to the other .....
Tag this Judgment!Court : Allahabad
Reported in : 136Ind.Cas.78
..... he had no information of any incumbrance can be of any avail to the plaintiff-respondent. moreover we are not impressed by the statement of moti singh. section 51 of the transfer of property act is, therefore, inapplicable. oar conclusion finally is that there is nothing in law which would stand in the way of raja moti chand's claiming possession over ..... finally argued before us on behalf of the respondents that we should not interfere with the decree of the court below by reason of the fact that section 51 of the transfer of property act is applicable to the facts of the case, and that provision of law gives an option to the british india corporation, and the court below has given ..... 1. a. 71 : 27 m. l. t. 319 : 25 c. w. n. 397 (p.c.). these cases are no longer law in view of the repeal of section 89 of the transfer of property act and the enactment of order xxxiv of the civil procedure code of 1918. this matter has been clearly brought out in the decision of sukhai v. ghulam sattar khan .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1932All210
..... he had no information of any in-eumbrance, can be of any avail to the plaintiff-respondent. moreover we are not impressed by the statement of moti singh. section 51, t.p. act, is therefore inapplicable. our conclusion finally is that there is nothing in law which would stand in the way of raja moti chand's claiming possession over the ..... it was finally argued before us on behalf of the respondents that we should not interfere with the decree of the court below by reason of the fact that section 51, t.p. act, is applicable to the facts of the case, and that provision of law gives an option to the british india corporation, and the court below has given ..... in the high court which was decide on 14th december 1917. the provision of law which has been relied upon by the appellants is contained in section 52, t.p. act. the active prosecution in this section must be deemed to continue so long as the suit is pending in appeal, since the proceedings in the appellate court are merely continuation of .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1932All83
..... on which the assessee was taxed again cannot hold water.12. there is however another clause in section 34, which, in our opinion, is applicable and it is this : 'or has been assessed at too low a rate.'13. the scheme of the indian finance act of 1929 shows that in assessing super tax, the income of the assessee is to be taken ..... his mistake for not charging any super tax on a sum of rs. 25,000.2. the income-tax officer on 12th march 1930 issued a notice under section 34, income. tax act read with section 58, and asked for a fresh return. the assessee made a return and stated that his income was rs. 85,000 odd. the income-tax officer being ..... the learned counsel is based on the meaning of the words assess 'and assessment,' and he points out that the words 'assess' and 'assessment' have bean used in section 23 of the act in the sense offinding out the total income of an assessee, such income being liable to be taxed.7. we have consulted murray's english dictionary and we find .....
Tag this Judgment!Court : Allahabad
Reported in : 137Ind.Cas.77
..... cannot hold water.12. there is however another clause in section 34, which in our opinion, is applicable and it is this: 'or has been assessed at too low a rate.'13. the scheme of the indian finance act of 1929 shows that in assessing super-tax, the income ..... meaning of the words 'assess' and 'assessment' and he points out that the words assess and 'assessment' have been used in section 23 of the act in the sense of 'finding out the total income of an assessee such income being liable to be taxed'.8. we have consulted ..... sum of rs. 25,000.3. the income-tax officer on the 12th of march. 1930, issued a notice under section 34 of the income tax act read with section 58, and asked for a fresh return. the assessee made a return and stated that his income was rs. 85 ..... '. in this view we can easily say that not only within the spirit but within the letter of the words of section 34 of the income-tax act a sum of rs. 25,000 has been assessed 'at too low a rate.' we are therefore of opinion that the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1932All73
..... is necessary only where the object of the conspiracy is to commit a cognizable offence not punishable with rigorous imprisonment for a term of two years or upwards. under section 50, excise act, any officer of the police not below a rank prescribed by the local government may arrest without warrant, and the offence is therefore a cognizable one. it is also ..... that there has been a misjoinder of charges and misjoinder of accused persons. his contention is that the charge of criminal conspiracy under section 120-b should not have been combined with the charge under section 60(a), excise act, of having been found in possession of cocaine. md. yakub and abdul shakur were found in possession of cocaine at the railway ..... ordersulaiman, j.1. this is a revision from convictions under section 120-b, i.p.c., and section 60(a), excise act.2. the facts have been found by both the courts below and there can be no dispute about them in revision. the prosecution case was that the applicants md. yakub .....
Tag this Judgment!Court : Allahabad
Reported in : 137Ind.Cas.73
..... necessary only where the object of the conspiracy is to commit a cognizable offence not punishable with rigorous imprisonment for a term of two years or upwards. under section 50 of the excise act, any officer of the police not below a rank prescribed by the local government may arrest without warrant, and the offence is therefore a cognizable one. it ..... there has been a misjoinder of charges and misjoinder of accused persons. his contention is that the charge of criminal conspiracy under section 120-b should not have been combined with the charge under section 60(a) of the excise act, of having been found in possession of cocaine. mohammad yakub and abdul shakur were found in possession of cocaine at the ..... sulaiman, j.1. this is a revision from convictions under section 120-b indian, penal code and section 60(a) of the excise act.2. the facts have been found by both the courts below and there can be no dispute about them in revision. the prosecution case was that the applicants mohammad .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1931All322; 140Ind.Cas.99
..... present case the accused threw bricks into the house of another person who did not consent to that operation. further there was no suggestion that the act was done in order to create a riot, bo section 153, i.p.c. need not be considered. the second ruling referred to by the learned sessions judge is that reported in babu ram v ..... so as to endanger human life or the personal safety of othersshall be guilty of an offence under that section. learned counsel argued that any act' must be limited to the meaning of 'any legal act' and that the section would not apply to an illegal act. i do not see any authority in the rulings quoted for this limitation of the perfectly general words ..... to do any mischief to the people living in the house. it was held that this would not amount to an offence under section 19(f), arms act. there was a reference also to a conviction of the applicant under section 336, i.p.c. on a finding that he threw brickbats and fired shots at passers by. this court held that that .....
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