Court : Punjab and Haryana
Decided on : Mar-10-1961
Reported in : AIR1961P& H489
..... hindu to dispose of by will or other testamentary disposition property, which is capable of being so disposed of by him, in accordance with the provisions of the indian. succession act or of any other prevailing law applicable to hindus. the explanation to this section undoubtedly lays down that the interests of a male hindu in a mitakshara coparcenary property ..... the legislature to fill in gaps or omissions. in this connection, it would not be out of place to mention that the hindu succession act, as its preamble shows, has been enacted by parliament primarily to amend and codify the law relating to intestate succession among hindus.it is, therefore, a little difficult to spell out, by process of construction ..... of the statute, is helpful in removing the anomaly, for if it is not so capable, then the remedy does not lie in interpretation but in its amendment by the legislative branch of the government, which alone is invested with law-making power.24. section 4 of the hindu succession .....
Tag this Judgment!Court : Kolkata
Decided on : Mar-10-1961
Reported in : [1963]47ITR1(Cal)
..... point. the original clause (ix) renumbered as (xii) by section 11 of the indian income-tax (amendment) act, 1939 (act vii of i939), was future renumbered as (xv) by section 3 of the indian income-tax (amendment) act, 1946 act viii of 1946). section 12(2) of the act had some amendments as, for instance, introduction of income by way of dividend by section 9 of ..... the finance act, 1955, which came into effect from the 1st april, 1959. under section 12(2), ..... regard to this history of the amendment, it will not be right, in our view, to draw the conclusion that in spite of such material difference in the language, the effect of section 10(2) (xv) and section 12(2) of the present indian income-tax act should be the same. that will be ignoring the difference in .....
Tag this Judgment!Court : Allahabad
Decided on : Mar-13-1961
Reported in : AIR1962All101; [1962]32CompCas925(All)
..... 'which apply to a simple mortgage shall, so far as may be, apply to such charge' in this section were substituted by section 53 of the transfer of properly (amendment) act, 1929 (xx of 1929) for the words 'as to a mortgagor shall, so far as may be, apply to the owner of such property, and the provisions of ..... at every stage, and it is not easy to reconcile the conflicting considerations that arise in such a case.7. in our opinion, section 17 of the indian registration act (act xvi of 1908) would be attracted in a case where the dispute relates to a charge sought to be created by a debenture on immovable property which was ..... so registeredshall affect any immovable property comprisedtherein, nor shall it be received as evidence of anytransaction affecting such property. the combinedeffect of sections 17 and 49 of the indian registration act, therefore, in our opinion is to make debentures of the third series ineffective so far as they seek to create a charge on immovable property of the .....
Tag this Judgment!Court : Chennai
Decided on : Mar-14-1961
Reported in : AIR1962Mad347
..... extent to which the judicial committee held that a compromise decree taking in its fold even properties extraneous to the suit does not require registration, the amendment of 1929 introduced into the act has superseded its effect. but hemantakumari's case, 46 ind app 240: air 1919 pc 79, is still authority for the position that the ..... whether ex. a-2, the razinama decree in o. s. no. 137 of 1950 requires compulsory registration under the provisions of the indian registration act. clauses (a) to (e) to sec. 17(1) of the act provides for compulsory registration of certain kinds of documents and instruments. section 17(2), in so far as it is material, is ..... an alleged consideration of rs. 5000. his main defence to the suit was that the compromise decree required to be registered compulsorily under the provisions of the indian registration act, and not being registered was inadmissible in evidence, and that the plaintiff can have to relief granted to her on foot of tile compromise.(5) both the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-14-1961
Reported in : [1963]47ITR101(AP)
..... or the trustee of a baronetcy trust, has been accepted by some of the high courts and the supreme court, while the other view that after the amendment of the income-tax act in 1939, the word 'individual' can only mean a natural person, viz., a human being, has been adopted by the allahabad, lahore, one of ..... etc., and, consequently, it cannot be subjected to tax liability. (4) the corporation is a local authority and is exempt from taxation under the indian income-tax act. (5) under the corporations act, the state government is entitled to interest on the capital invested by it; as such it is immune from taxation. this is so particularly, having ..... learned solicitor-general raised a preliminary point as to the maintainability of these writ petitions on the ground that there was an alternative remedy under the indian income-tax act which has provided for a hierarchy of tribunals and that the assessee had availed himself of the opportunity of filing an appeal before the appellate assistant .....
Tag this Judgment!Court : Allahabad
Decided on : Mar-16-1961
Reported in : AIR1961All614
..... evidence they should believe and what evidence they should not believe. they can do so only by amending the indian evidence act and certain other relevant statutes. they can do so by modifying certain articles of the constitution, but' so long as the indian evidence act remains as it is, it is for the courts of law to determine when a fact can ..... be held to be proved. apart from this, we believe, that the legislature amended the code of criminal procedure only to speed up the committal proceedings and not ..... away the rights of the courts of law as to how they should interpret the words of the statute. so far the definition of the word 'proved' in the indian evidence act has not been changed by the legislature. the definition of 'proved' is 'a fact is said to be proved when after considering the matters before it the court .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-16-1961
Reported in : AIR1963AP314; 1963CriLJ121
..... this respect. proof that an article, which is traced to the possession of an accused, was stolen is a condition precedent for any presumption under section 114 of indian evidence act. when the victims of different dacoities made rival claims to a particular article, the natural inference is that no reliance can be placed on their identification. in such ..... of an enactment. as explained by baggallay, l. j. in attorney general v. great eastern rly. co. (1879) ii ch. d. 449 (461):'i never knew an amendment bet down or discussed upon the marginal notes to a clause. the house of commons never has anything to do with a marginal note'.lord macnaghten in the privy council ..... fall within a category of other documents or relevant extracts on which prosecution proposes to rely as provided by sub-section (4) of section 173 cr. p. c., amended. i therefore hold that it is the accused who can take a copy of this statement from the court.'his proceedings at a subsequent adjournment on 13-4-1956 .....
Tag this Judgment!Court : Himachal Pradesh
Decided on : Mar-16-1961
Reported in : AIR1962HP16
..... delay matters so much that the periods of limitation already prescribed in the limitation act are not long enough for the government or its agents, then the better course is to obtain amendment of the law through the legislature rather than to make an application to the court ..... provided by law is 'none too great' for the government there may be a case for the amendment of the law but so long as the law is not amended an appeal etc., has to be fifed within the prescribed period of limitation and an extension of ..... 's court reported in secretary of state v. gurmukhdas, air 1929 sind 211. the following observations were made in that ruling:-'the act makes no distinction between government and a private individual but it is obvious that in considering an application under section 5 a distinction must ..... orderc.b. capoor, j.c.1. this is an application under section 5 of the indian limitation act for condonation of delay in the preferment of miscellaneous first appeal no. 14 of 1960. applications .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-16-1961
Reported in : AIR1961SC1352; [1962]1SCR358
..... election to cases where the only right in existence is that determined by the judgment : and the only conflicting right is the statutory right to seek to set aside or amend that judgment : and that the true solution may be found in the words of lord blanesburgh in moore v. cunard steamship co. [28 b.w.c.c. 162 ..... . 1930 mad. 268.] and pearce v. chaplin [[1846] 9 q.b. 802 : 115 e.r. 1483.]. 3. the two english decisions just referred to and some of the indian decisions were considered in venkatarayudu v. chinna [a.i.r. 1930 mad. 268.]. dealing with them venkatasubba rao, j., observed as follows : 'what is the principle underlying these decisions ..... costs of the opposing party. there is no intention to benefit the latter, except on the terms mentioned in the order itself. if the party receives the costs, his act is tantamount to adopting the order................ according to halsbury this rule is an application of the doctrine 'that a person may not approbate and reprobate' (13 halsbury, para .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-17-1961
Reported in : AIR1961P& H524; 1961CriLJ687
..... petition:(1) that proceedings in case f. i. r. no. 84, dated the 14th september, 1958, police station, chandi mandir, under section 19 of the indian arms act, pending in the court of shri b.d. thapar, magistrate first class, ambala, be quashed or alternatively it may be ordered to be tried by the sessions ..... guarantees; and, indeed, the facilities provided to the petitioner for approaching this court and arguing his case is proof positive of the legal position according to the indian republican jurisprudence.now, article 14 of the constitution to which the petitioner appealed in support of his prayer merely provides for equality before the law. in other ..... the court is empowered to pass an order of solitary confinement, this power is circumscribed by the limitations laid down by the legislature in section 73, indian penal code. but the jail authorities have transgressed all those limitations and have continuously been keeping the petitioner in solitary confinement in actual practice.6. this .....
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