Court : Allahabad
Reported in : AIR1935All579
..... provision that the evidence of the child requires corroboration. in my opinion it would be well if the indian evidence act and the oaths act were amended in this particular and if it were not left to the courts to apply section 13, oaths act, in this connection.7. the next point on which arguments centred was in regard to the provisions ..... a person not realising the significance of an oath, and his obligation to state the truth and liability for speaking falsehood. so far as the indian acts are-concerned. section 5 of the oaths act makes it obligatory upon all persons who may be lawfully examined or may give evidence to take the oath or solemn affirmation; and section 118 ..... in; some material particular implicating the accused. this provision comes from the statute of the children act, 1908, 8 edward, 7 c. 67. section 30. we consider that this provision of the english law is sounder than the provision of the indian law in two respects: in the first place it makes provision for a child who may .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1935All706; 157Ind.Cas.157
..... of sale, but it has now been held against him that it was, in reality, a transaction of gift and not of sale. on 15th february 1930 the amending act (act 9 of 1929) came into force. on 20th december 1930, the first court decreed the suit, but on appeal the lower appellate court has dismissed it.9. the ..... the plaintiff's right of preemption, having been once lost on account of the defendant's acquisition, cannot be revived by the subsequent passing of the amending act and that the new amendment does not revive extinguished rights. i would therefore dismiss the appeal.kendall, j.22. i agree throughout with the judgment of the learned chief justice. ..... civil p.c. and section 19. both sections embody directions to the court and have no reference to the substantive rights of the parties. similarly, section 3, indian. limitation act, directs courts not to entertain a suit instituted after the expiry of limitation provided therefor. none of these is a rule of substantive law. all of them provide .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1935All817
..... not affected by the question whether the suit is maintainable under section 42 or by any action subsequently taken by the plaintiff to obtain an injunction otherwise than by amendment of the plaint.39. in mohammad ismail v. liyaqat hussain : air1932all316 , it was held that:the question of court-fees must be decided with reference ..... a bench of this court reported in radha krishna v. ram narain : air1931all369 . that was a suit for cancellation of a compromise and decree. the plaintiff amended his plaint to the effect that there should be declaration that the petition of compromise and the decree were ineffectual against the plaintiff and he was not bound thereby ..... plaint and the decision is not affected by the question whether the suit is maintainable under section 42, specific relief act, or by any action subsequently taken by the plaintiff to obtain an injunction otherwise than by amendment of the plaint.32. in venkata ramani iyer v. narayanaswami iyer 1925 mad. 713, it was remarked that: .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1935All862
..... with which we are dealing was of 8th august 1922, before this section 17(2) of the act had been amended. clearly therefore registration was not necessary for the compromise even so far as it affected the property of syed muhammad khan which was not the property in dispute ..... was unnecessary even in regard to that property. this is shown in the ruling pf their lordships at pp. 496 to 498. subsequently by act 21 of 1929 this section 17(2), registration act, has been amended and it now except s a compromise decree passed in regard to property which is not the subject of the suit. but the compromise ..... withdrawal of the claim to the political pension in the former suit was in fact an invalid and void offer, the counter promise is enforceable. so far as the indian contract act, is concerned, all considerations and objects of an agreement are unlawful which are of such a nature that if permitted they would defeat the provisions of any law. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1936All239
..... benefit of creditors,' and in england, as we have said before, the deeds of arrangement act provides for the creation of trusts. the expression 'composition deed' has not been defined or described in any indian statute except in article 22, schedule 1, stamp act, (act 2 of 1899) where, in the term 'composition deed,' are included instruments executed by ..... the purpose of pronouncing judgment, nor again can it be said that the said document was not within the knowledge of the applicant. the application for the amendment of pleadings however stands on a different footing and we think that in the interests of justice that application ought to be allowed. it is conceded that ..... be that if such an issue had been struck, the defendants might have been better advised and might have asked the court below to allow them to amend their written statement by mentioning the document of june 1929. there are certain other facts which might be taken into consideration in this connexion. the defendants carried .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1936All102; 160Ind.Cas.991
..... -section 11 says that in any other case the court may either approve or refuse to approve the proposal.6. the indian act of 1920 in all material particulars agrees with the english bankruptcy act, only that under the indian act the application under section 38 can be made by an insolvent only after the making of an order of adjudication and differs ..... to suggest that a departure was intended. the debtor is, of course, given the option before the proposal is placed before the creditors at the meeting to amend the proposal if the amendment is in the opinion of the court calculated to benefit the general body of creditors.8. under sub-clauses 4, 5 and 6 the court is told ..... the proposal, it shall be deemed to be duly accepted by the creditors.5. it is also open to the debtor at the meeting to amend the terms of the proposal if the amendment is in the opinion of the official receiver calculated to benefit the general body of creditors. after all these formalities have been complied with, the .....
Tag this Judgment!Court : Allahabad
Reported in : [1936]4ITR397(All)
..... law to this court. the questions of law set out in their application were as follows :-(1) whether an association incorporated under section 26 of the indian companies act, as an association limited by guarantee not existing for earning profits, and prohibited under the law from dealing any dividends to its members, is liable to assessment ..... attainment of the above objects or any of them.article (9a) did not originally occur in the memorandum; it was added in pursuance of a sanction to amend the articles association which was obtained from the high court on september 1, 1933. application to that effect was made on the advice of the auditors, who ..... 'income' of the chamber is in any event derived from 'business' within the meaning of the income tax act.(5) whether the expenditure on charity, in accordance with its memorandum of association, even prior to its amendment by the honourable high court, is liable to assessment.the income tax commissioner has, however, only referred questions nos .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1936All764; 166Ind.Cas.38
..... of the above objects or any of them.2. article (9a) did not originally occur in the memorandum; it was added in pursuance of a sanction to amend the articles of association which was obtained from the high court on 1st september 1933. application to that effect was made on the advice of the auditors, who ..... court that such interest earned by the society from its own members was not taxable 'profits' within section 9, income-tax act (act 7 of 1918), in spite of the fact that the society was registered under the indian companies act. in considering the case in new york life insurance co. v. styles (1890) 14 ac 381, the learned judges ..... ) whether 'income' of the chamber is in any event derived from 'business' within the meaning of the income-tax act. (5) whether the expenditure on charity, in accordance with its memorandum of association, even prior to its amendment by the honourable high court, is liable to assessment. the income-tax commissioner has however only referred questions nos. 1 .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1936All584
..... when such costs have been paid. in the view expressed above the answer to the second question is obviously in the negative. order 33, rule 7 may well be amended so as to empower the court, while refusing to allow the applicant to sue as a pauper, to grant him time to convert the application into a plaint and pay ..... in the statute and pointed out that:although the analogy is not perfect, what has happened is not at all unlike that which so commonly happens in practice in the indian courts, that a wrong stamp is put upon the plaint originally, and the proper stamp is afterwards affixed.6. their lordships then observed:this case which is not ..... 308; and where the application is rejected the position is governed by section 310. their lordships were dealing exclusively with a case which was not expressly provided for in act 8 of 1859. it is therefore not possibles to hold that the question which arises in the present case is conclusively determined by the pronouncement in stuart skinner v. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1936All676; 165Ind.Cas.167
..... if remission and refund of taxes be taken to imply alteration or re-adjustment of valuation and assessment, as is contended, the procedure provided by the act for alteration and amendment would have been made applicable which is not the case. there is hardly any decided case which can be said to be in point. in upendra nath basu v ..... tax, of the annual value of any building or land during the said period.15. where an assessment, based on valuation or otherwise, is made, either originally or by amendment, an appeal is provided to the district magistrate, whose order is declared to be final. as regards the liability of a person to pay, as distinguished from his liability ..... taxation. for example in these provinces all matters of land revenue are barred by the u.p. land revenue act, act 3 of 1901. all matters of income-tax are barred by section 67, act 11 of 1922. under the indian forest act, act 16 of 1927, section 82, money payable to government is recoverable as if it were an arrear of land .....
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