Court : Allahabad
Reported in : 79Ind.Cas.517
..... who are maintained out of the profits of such business must, in the absence of evidence, be taken to possess the knowledge that the business might require financing and to have consented to such financing. where, therefore, a managing member of such a family in carrying on the family business obtains an advance necessary for the purpose of the business by pledging ..... . and that is a perfectly reasonable position, for while there is no absolute necessity for the family to trade at all, when once the family trade is admitted, all usual acts done in the normal course of carrying it on, may be considered necessary to the trade. if this reason is right then one passes on from the ordinary hindu law .....
Tag this Judgment!Court : Allahabad
Reported in : (1924)ILR46All759
..... it might be held that he could not do so because, there was no assignment valid in law according to section 54 of the transfer of property act. but' what he did was to sue on behalf of the bank of upper india, ltd., the mortgagee, as ..... of simla. all this is based upon the contention that there was no transfer of property in the terms of section 54 of the transfer of property act, and that the agreement of sale (ex. hh 4) had no validity or legal effect, in spite of its ..... the transaction by a formal transfer, that is to say, a registered deed, as required by section 54 of the transfer of property act. my reason for holding that section 54 has no application is that there was no transfer. the trust of india had power to ..... to say which description was the more inaccurate. mr. o'conor gave the final blow to the contributory argument by quoting sub-section (4) of section 156, which provides that no contribution is required from any member exceeding the face value of his holding; in other words, .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1924All772; 81Ind.Cas.508
..... , it might beheld that he could not do so because there was no assignment valid in law according to section 54 of the transfer of property act. but what he did do, was to sue on behalf of the bank of upper india limited, the mortgagee ..... of simla. all this is based upon the contention that there was no transfer of property in the terms of section 54 of the transfer of property act, and that the agreement of sale (exhibit hh4) had no validity or legal effect, in spite of its ..... the transaction by a formal transfer, that is to say, a registered deed as required by section 54 of the transfer of property act. my reason for holding that section 54 has no application is that there was no transfer. the trust of india had power ..... say which ;; description was the more inaccurate. mr. o'conor gave the final blow to the contributory argument by quoting sub-section (4) of section 156, which provides that no contribution is required from any member exceeding the face value of his holding; in other words, .....
Tag this Judgment!Court : Allahabad
Reported in : (1924)ILR46All787
..... in the satta form, i.e., with betting or taking bets on opium price figures, in a public place--an offence under section 13 of the gambling act, iii of 1867, as amended by the united provinces act i of 1917. the section, as amended, reads: 'any person found gaming in any public street, place or thoroughfare,' and by the same ..... acts 'gaming' includes 'wagering.' the nine men, whose cases are before me, were, in their respective two groups, charged in effect with being book makers, i.e. with ..... but i am not aware of any statutory definition which can have a beaming on the present case. it may well have different meanings for the purpose of different acts. where it is not specifically defined, its value must be reasonably determined by the context and the circumstances in which it has been used. it is not defined .....
Tag this Judgment!Court : Allahabad
Reported in : 82Ind.Cas.476
..... gambling in the satta form, i.e., with betting or taking bets on opium price figures in a public place--an offence under section 13 of the gambling act iii of 1867, as amended by the u.p. act i of 1917. the section, as amended, reads: 'any person found gambling in any public street, place or thoroughfare' and by the same ..... acts 'gaming' includes 'wagering'. the nine men, whose cases, are before me, were in their respective two groups, charged in effect with being book makers, i.e., with ..... legislature, but i am not aware of any statutory definition which can have bearing on the present case, it may well have different meaning for the purpose of different acts. where it is not specifically defined, its value must be reasonably determined by the context and the circumstances in which it has been used. it is not defined in .....
Tag this Judgment!Court : Allahabad
Reported in : (1924)ILR46All828
..... about whether there shall or shall not be an appeal in other cases, but' the learned judge continues:by this section an appeal is allowed only in cases in which the magistrate empowered to act under section 260 of the code of criminal procedure imposes a fine exceeding 200 rupees or passes a sentence of imprisonment.6. ..... is a perfectly correct statement of what section 414 provides, namely, that there shall be no appeal in certain cases. it does not say ..... mind, is really sufficient to conclude the question. the learned sessions judge says:section 414 provides that notwithstanding anything hereinbefore contained, there shall be no appeal by a convicted person in any case tried summarily, in which a magistrate empowered to act under section 260, passes a sentence of fine not exceeding 200 rupees only.5. this .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1925All251; 84Ind.Cas.439
boys, j.1. this is a case in which the learned sessions judge refers a conviction arrived at by a magistrate under section 307(b) of the municipalities act on the ground that it was illegal for the magistrate to sentence the accused to a further daily fine at the same time that has sentenced him to a fine .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1925All301a
..... criminal procedure. the learned magistrate's judgment does not show that there was any common intent of the persons charged and convicted for the commission of the offence under section 286 of the indian penal code. the finding seems to be that the convicted persons, and other persons, interested in the enjoyment of the festival of shabbarat, ..... in the result the learned district magistrate tried the case against thirteen persons, some of whom were acquitted by him. he convicted ten persons of an offence under section 286 of the indian penal code, seven of whom are before this court. the applicants went to the court of the learned sessions judge and the plea was taken ..... be a fight, and if some people inflict injury on others, without any common object, they would be committing different offences of hurt. but if they do not act with any common intention, it cannot be said that they have caused hurt in the course of the 'same transaction', although all the persons committing the offences are .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1925All415
..... provides that no erection or construction will be allowed over any existing chabutra situated in any road or lane less than 16 feet wide. the board had power under section 198 of the act to make such a bye-law. but she apparently did remove the tin covering though possibly not within the time fixed by the notice, if the evidence of ..... fact that she did begin to build before any sanction had been granted-furthermore no sanction has yet been granted for the construction on the eastern side.4. section 178 of the municipalities act requires that before beginning within the limits of the municipality to erect a new building or new part of a building or tore-erect or make a material ..... 1. this is a reference by the sessions judge of agra recommending that the convictions of mt. munoo devi, a school teacher, under sections 185 and 307 of the municipalities act (local act no. ii of 1916 as amended by act no. ii of 1919) and the sentences of fine of rs. 10 on each count be set aside.2. the facts are .....
Tag this Judgment!Court : Allahabad
Reported in : 88Ind.Cas.191
..... provides that no erection or construction will be allowed over any existing chabutra situated in any road or lane less than 16 feet wide. the board had power under section 198 of the act to make such a bye-law. but she apparently did remove the tin covering, though possibly not within the time fixed by the notice, if the evidence of ..... fact that she did begin to build before any sanction had been granted. furthermore no sanction has yet been granted for the construction on the eastern side.6. section 178 of the municipalities act requires that before beginning within the limits of the municipality to erect a new building or new part of a building, or to re-erect or make a ..... .1. this is a reference by the sessions judge of agra recommending that the convictions of musammat muimo devi, a school teacher, under sections 185 and 307 of the municipalities act (local act ii of 1916 as amended by act ii of 1919) and the sentences of fine of rs. 10 on each count be set aside.2. the facts are not in .....
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