Court : Punjab and Haryana
Reported in : AIR1949P& H165
..... the existence, effect or validity of an arbitration agreement or award, nor shall any arbitration agreement or award be set aside, amended, muddied or in any way affected otherwise than as provided in this act.the section becomes applicable only where a suit is brought for a declaration about the existence or non-existence, or validity or ..... implication, taken away by section 39(2), article 87 of the said letters patent having expressly made the letters patent, subject to the legislative powers of the indian legislature and thus having clearly reserved to the latter the, power to make laws overriding the provisions of the said letters patent. he drew our attention to the ..... refer such matter or matters to arbitration. if the parties could not agree to the appointment of a single arbitrator who had to be a fellow of the indian institute of architects, each of them could appoint an arbitrator of his own choice from amongst the fellows of the said institute. in that event, the arbitrators .....
Tag this Judgment!Court : Chennai
Reported in : AIR1943Mad445; (1943)1MLJ335
..... consideration who has no notice of the contract or of the part performance thereof.the section was inserted in the act by the transfer of property (amendment) act, 1929. before its amendment this court and other indian high courts had applied the english doctrine of part performance, but in ariff v. jadunath majumdar the privy ..... council held that this was wrong. the english equitable doctrine could not override the express provisions of the transfer of property act. the insertion ..... the general rule is that a new law shall not ordinarily affect past transactions.12. the question, whether section 92 of the transfer of property act as amended by the transfer of property (amendment), act, 1929, was retrospective was discussed, by this court in lakshmi amma v. sankaranarayana menon (1935) 70 m.l.j. i : i .....
Tag this Judgment!Court : Chennai
Reported in : (1949)2MLJ171
..... with a view to protect the interests of religious endowments as well as the rights of persons dealing with shebaits or managers, the indian legislature has amended section 10 of the limitation act by providing that managers of property comprised in a hindu religious endowment are deemed to be express, trustees thereof and has also enacted ..... in american) implied trusts-trusts resulting and trusts constructive of various kinds corresponding to ' obligations in the nature of trusts ' specified in chapter ix of the indian trusts act, and the constructive' trustees denoted by the two-fold meaning of trustee de son tort in english law are dealt with in section 88, and as i ..... which the english law relating to trusts is based and those which form the foundations of the hindu and the muhammadan system, that the indian legislature in enacting the indian trusts act (ii of 1882) deliberately exempted from its scope the rules of law applicable to wakf and hindu religious endowments. it is because of .....
Tag this Judgment!Court : Chennai
Reported in : AIR1921Mad258; (1921)40MLJ354
..... not amend act xxi of 1s70; but, whether it does so or not, it certainly affects section 11 of the high courts act,(b) under section 43, clause 5 of the indian councils act the local legislature may, with ..... prescribed period. i am therefore unable with great respect to agree with the learned judge that section 3 of the indian majority act as amended must be read asre-enacting a fresh age of majority for section 101 of the indian succession act, and as providing as regards hindus generally that the. vesting may be postponed for lives in being and three ..... 25 vic. ch., 67 taken with section 5 of the amending act 55 and 56 vic. ch., 14 the local legislature may repeal or amend any law made by the governor-general in council, so far as it affects this presidency and madras act i of 1914 only amends hindu wills act xxi of 1870. the reply to this argument is it does .....
Tag this Judgment!Court : Chennai
Reported in : (1943)2MLJ8
..... few observations.13. the question is whether section 25(3) of the indian income-tax act, 1922, as amended by the indian income-tax (amendment) act, 1939, providing for certain reliefs in cases of discontinued business, etc., charged to tax under the indian income-tax act, 1918, applies when a hindu undivided family carrying on business becomes disrupted and ..... 216 and m. faraday and others v. carter. they have accordingly been adopted in the indian income-tax act, 1922, as denoting two different situations for which the act makes separate provisions in sections 25 and 26, and before the amendment act of 1939 was passed the courts in this country, including the bombay high . court had ..... predecessor is one who was carrying on the business, profession, etc., at the commencement of the amendment act. to ignore this condition and to bring the case of a succession occurring before the commencement of that act within the purview of section 25(3) as covered by the word ' discontinued 'seems to me .....
Tag this Judgment!Court : Chennai
Reported in : AIR1943Mad691; (1943)2MLJ339
..... fiduciary relationship. it seems to us, with due respect, that one cannot safely apply english equitable rules to extend the plain meaning of a provision of the indian limitation act, drawn up after the indian trusts act, in which no such expanded meaning of the word ' trust' has been given. moreover, the dictum of schwabe, g.j., in krishtappa chetty's ..... those cases. it is conceded that section 6 would apply to any case where a previous enactment has been repealed; but it is contended that by the amendment of 1929 the act of 1908 was not in any way repealed. the decision of a full bench of eleven judges of the calcutta high court in jogodanund v. amrita lala ..... that the unamended section 10 did not apply to the head of a mohammadan endowment. that was recognised by the legislature by the form in which they worded the amendment, for they said, 'for the purposes of this section any property comprised in a hindu, mohammadan, or buddhist religious or charitable endowment shall be deemed to be .....
Tag this Judgment!Court : Chennai
Reported in : 50Ind.Cas.693
..... section 539 of the old code stipulated that the relators should have not merely an interest but a 'direct' interest in the trust. by section 44 of the amending act of 1888. the word direct ' was omitted from section 539 and it has not re-appeared in section 92 of the persent code. accordingly, the cases decided ..... the whole system in fact is parochial. even most cathedral or collegiate churches belong in the ecclesiastical law to a parish.7. on the other hand, the indian government as such has no duties or obligations in connection with the maintenance of hindu temples and muhammadan mosques. there is no ecclesiastical constitution or organisation for the ..... and breadth of india. the arguments that have been addressed to us appear to me to fall under three heads; first, the argument from the indian decisions, secondly, the suggested analogy of romilly's act 52 geor, iii, cap. 101 and the decisions under it, and thirdly the suggested analogy of section 15 of the eeligious endowments .....
Tag this Judgment!Court : Chennai
Reported in : AIR1931Mad729
..... cent. but it is to be noticed that soon after the bankruptcy act of 1883 came into force it was found necessary to amend it in a number of ways, and so an amending act was passed in 1890.14. that amending act by its section 23 introduced into the act of 1883 exactly the provision which we now find in section 48 ( ..... creditor the interest claimed, if he be entitled to the same.22. the question was elaborately argued before us, and our attention was drawn to the following decisions of the indian courts : in re: alexander maclean, subbarayalu v. rowlandson [1891]14 mad.133 at pp. 136 and 139, ganga sahai v. mukarram ali khan, mohammad ibrahim v. ramachandra ..... having regard to the principles laid down in the early english cases, and to the history of legislation in england relating to this matter, (the indian acts closely follow the provisions of the english act in this matter), and also having regard to the express provisions of section 48 (2), i am of opinion that that argument should not be .....
Tag this Judgment!Court : Chennai
Reported in : (1948)2MLJ442
..... already pointed out, there is no provision corresponding to section 10(4)(b) of the indian act in any of the english taxing statutes.5. section 10(4)(b) became part of the income-tax act only by the amendment act of 1939. before the introduction of this provision, courts in india were called upon to decide whether particular payments ..... escape taxation. presumably with the object of obviating such uncertainty in the determination of the nature of such payments, section 10(4)(b) was introduced by the amendment act of 1939.7. the language of that provision is clear, and according to well established canons of construction it is not open to read into the enactment words ..... english income-tax, statutes--both the cases upon which the high court relied and the flood of other decisions which has been let loose in this board. the indian act is not in pari maleria; it is less elaborate in many ways, subject to fewer refinements, and in arrangement and language, it differs greatly from the provisions .....
Tag this Judgment!Court : Kolkata
Reported in : (1895)ILR22Cal692
..... is not at all to blame, the delay being due to the courts below having dismissed the suit on erroneous and insufficient preliminary grounds without going into the merits. the amendment that i would allow cannot, therefore, be said to prejudice the defendants, except in the matter of costs, as to which the order i should make would be that ..... of mohummud zahoor ali khan v. thakooranee rutta koer 11 moo. i.a. 468 their lordships of the privy council allowed an amendment of the plaint, considering that 'a new suit would probably be met by a plea of the act of limitation,' and that 'in the circumstances of the case such a defence is inequitable.' but in the present case the ..... no fresh suits as laid now can be entertained by any court. this view of the principle of law will be supported by the rulings reported in indian law reports, 7 calcutta, p. 428; indian law reports, 3 calcutta, pp. 353 and 785. on this view of the law i find that the present suits of the plaintiffs are barred and decide .....
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