Court : Chennai
Reported in : (1949)1MLJ662
1. This appeal arises out of an action by the members of the Madras Race Club. The action was tried on the original side by Bell, J., and by his judgment he dismissed the suit of the plaintiffs. Hence this appeal by the plaintiffs.2. The Madras Race Club is a body corporate registered under the Indian Companies Act of 1913 before it was amended in 1936. The object of the Club, as its name indicates, is to carry on the business of a race club and to provide certain amenities to its members. The Memorandum of Association and the Articles of Association are contained in Ex. P-29. The Memorandum of Association prohibits the division of profits by way of dividend amongst the members, and they have to be utilised only for the purpose of the club. There are two classes of members, namely, club members and stand members. There are about 260 club members, and they alone are entitled to vote, while the stand members have certain other privileges, but not the right to vote. The management of the ...
Tag this Judgment!Court : Chennai
Reported in : 1949CriLJ917
ORDERGovinda Menon, J.1. These groups of applications arise out of three calendar cases nos. 91, 92 and 93 of 1946 on the file of the Sub-Divisional Magistrate, Kumbakonam. In o. O No. 91 of 1946 there are nine accused, of whom eight were the directors of a banking company known by the name of the Sankara Ramanuja Sidhantha Paripalana Nidhi Ltd. Kumbakonam and they are being prosecuted for an offence under 8. 282, Companies Act for having wilfully made certain statements false in material particulars knowing the same to be false in the balance sheet of the company for the year ended 81st December 1938. The remaining accused was an auditor of the eaid company. In C. o. No. 92 of 1946 there are seven accused of whom Six were directors and one the auditor and they are prosecuted for a similar offence under 8. 282 Companies Act in connection with the balance sheet foe the year ended 31st December 1939. In o. 0. No. 93 of 1946, again there are nine accused persons of whom eight were the dir...
Tag this Judgment!Court : Orissa
Reported in : AIR1952Ori99
Panigrahi, J. 1. This is an appeal by the plaintiffs against the judgment of the District Judge, reversing the judgment of the Subordinate Judge, Sambalpur. The plaintiffs are the descendants of one Nidhi Gountia, who was admittedly the Gountia of the village of Kermali within the ambit of the defendant's zamindari of Borasambar. The plaintiffs' case is that Nidhi Gountia held the village on a Thikadari tenure and that by way of a family arrangement had allotted the 'sir' and 'bhogra' lands of the village to his sons; that the lands described in Schedule B of the plaint had been allotted to his son, Maheswar; and the lands described in Schedule C had similarly been allotted to his son, Gangadhar. Plaintiffs 1 and 2 and plaintiffs 3-6 are, respectively, the descendants of Maheswar and Gangadhar. The lands described in Sch. D were, according to the plaintiffs, allotted to three other sons of Nidhi, who are not concerned with the present dispute, and those properties are not in suit. The ...
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1949P& H190
1. This is a plaintiffs' appeal arising out of a suit for the recovery of Rs. 7,500 against the Governor-General in Council. The facts briefly stated are as follows:2. On 20th May 1943, the Sutlej Cotton Mills, Okara, consigned 15 bales of cotton dhotis from Okara to Delhi and sent the railway receipt to Messrs. Jallan and Sons Ltd., Delhi, duly endorsed in their favour. The railway receipt was presented by Jallan and Sons to the railway at Delhi on 22nd and 23rd June 1943 and. they were given delivery of 1675 pairs of dhotis. The rest of consignment, consisting of 725 pairs of dhotis, had got damaged during transit and accordingly Jallan and Sons refused to accept them. A correspondence then ensued between Jallan and Sons on one side and the railway on the other and when nothing came out of it, the former after having served the railway with a notice under Section 80, Civil P.C., instituted the suit on 30th May 1944. The plaintiffs alleged that so far as the dhotis of which delivery w...
Tag this Judgment!Court : Mumbai
Reported in : AIR1949Bom158; (1949)51BOMLR79
M.C. Chagla, C.J.1. This is an appeal from a judgment of Mr. Justice Bhagwati on a petition filed under the Indian Arbitration Act, holding that the petition was maintainable and adjourning it to Court for being disposed of on the merits. A few facts leading up to this petition may be stated. The petitioners' case was that on January 30, 1948, the respondents gave oral instructions for the purchase of 500 bars of silver. On February 4 the petitioners sent a contract to be signed by the respondents. The contract was delivered to the respondents and according to the petitioners an acknowledgment was obtained in the petitioners' peon book by an employee of the respondents. On February IS the petitioners sent a statement of account to the respondents. The respondents refused to accept the statement of account and in the correspondence that followed the respondents denied that there was any contract between the petitioners and the respondents. The petitioners filed this petition for a decla...
Tag this Judgment!Court : Mumbai
Reported in : (1949)51BOMLR108
Weston, J.1. This is an application under Section 491 of the Code of Criminal Procedure 1898, made on behalf of Rana Birpal Singh who is now under detention in the Central Mental Hospital, Yeravda. Birpal Singh was the Ruler of Bhajji, one of the Simla Hill States, for a number of years up to the year 1940, and it is claimed that thereafter he continued He jure to be the Ruler of that State. In September 1940 he was detained in the Ripon Hospital, Simla, under warrant bearing the signature of an Additional Secretary to the Government of India, issued under the Bengal State Prisoners Regulation, 1818. Since that time he has remained under detention. In the year 1941 he was removed from Simla to the Mental Hospital at Lahore under a further warrant issued under the same Regulation, and in that year an Ordinance was promulgated to remove doubts as to the validity of the detention in Mental Hospitals of persons on warrants issued under the Bengal State Prisoners Regulation. In the year 194...
Tag this Judgment!Court : Mumbai
Reported in : AIR1949Bom161; 1949CriLJ591
Weston, J.1. This is-an application under .S. 491, Criminal P. 0., 189S, made on behalf of Eana Birpal Singh who is now under detention in the Central Mental Hospital) Yeravda. Birpal Singh was the Ruler of Bhajji, one of the Simla Hill States, for a number of years up to the year 1940, and it is claimed that thereafter he continued de jure to be the Ruler of that State, In September 1940 he was detained in the Bipon Hospital, Simla, undec warrant bearing the signature of an Additional Secretary to the Government of India, issued under the Bengal State Prisoners Regulation, 1818. Since that time he has remained under detention, In the year 1941 he was removed from Simla to the Mental Hospital at Lahore under a further warrant issued under the same Regulation, and in that year an Ordinance was promulgated to remove doubts as to the validity of the detention in Mental Hospitals of persons on warrants issued under the Bengal State Prisoners Regulation. In the year 1943, a habeas corpus ap...
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1949P& H301
Teja Singh, J.1. This is a second appeal from a judgment and decree of the District Judge, Gurdaspur, whereby he accepted an appeal from the decree of Subordinate Judge Second Class, Batala, and dismissed the plaintiff's suit for recovery of Rs. 5000/- against the Municipal Committee, Batala. The facts briefly stated are as follows: On 24th March 1944, the defendant Municipal Committee conducted an auction sale of what was described as the contract of the tonga stands situate within the municipal limits, but which really consisted of the lease of the said tonga stands for a period of one year from 1st April 1944 to 31st March 1945. The sale was knocked in favour of Parshotam Das for Rs. 5000/- and he paid the entire amount to the Municipal Committee before the 1st of April. It, however, appears that Parshotam Das was unable to take advantage of the lease and dispute between him and the Municipal Committee started at the very inception. After some correspondence between the parties, Par...
Tag this Judgment!Court : Orissa
Reported in : AIR1950Ori67
Ray, C.J.1. The four cases, mentioned above, arising out of as many petitions, were some of the pending cases in respect of which the jurisdiction of the Patna High Court ceased from the 26th July, under Orissa High Court Constitution Order. They have since been transferred to this Court, and heard analogously, as the points for decision are common to all and will be governed by this order.2. Criminal Misc. 2/48 has been filed by one Saradhakar Naik of Bamra State, seeking interference of this Court, in the matter of illegal arrest and detention of one Jaydev Thakur of Bamra State and to order him to be set at liberty.3. Similarly, Cr Misc. nOS. 3, 4 and 5 of 1948 arise out of petitions filed, respectively, by Jayadev Naik of Bamra, Rual Naik and Pravakar Das of Kalahandi, in relation to the arrests and detentions of Batnakar Patra of Bamra, Nilakanth Patnaik and Lingaraj Daa of Kalahandi. In all the petitions, the legality of arrests and detentions of the prisoners has been challenged...
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1949P& H83
Bhandari, J.1. This is an application by one Mr. Siri Ram Gautama for admission to the roll of advocates of the High Court of the East Punjab, or, in the alternative, for admission as a pleader to the said High Court.2. Mr. Gautama who is a resident of Jullandur District was admitted as a pleadar of the Chief Court of the Punjab in March 1916 and as an advocate of the High Court at Lahore on 25th February 1927. He left India towards the end of August 1929 and was admitted to practise as an advocate of His Majesty's Supreme Court of Kenya in March 1930. In the year 1941 he was charged with the offence of having offered an illegal gratification to a Police Prosecutor. A conviction followed and a sentence was passed and thereupon as a matter of course his name was struck off the roll of advocates on 26th June 1942. A copy of the order by which he was dismissed was forwarded to the High Court at Lahore and Mr. Gautama's name was removed from the roll of the said High Court on 22nd April 19...
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