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The Midnapore Zemindari Company, Limited Vs. Malayandi Appayasami Naic ...

Court : Chennai

Reported in : 47Ind.Cas.733

..... fort saint george of 11th february 1881 (fifth report, page 51, edition of higginbotham) the court of directors sanctioned the gradual introduction of the permanent settlement into madras, but laid down, page 53, that it was of first importance that 'all subordinate military establishments should be annihilated within the limits, subject to the dominion of the company,' and observed that this was so incontrovertible as to preclude all expectations to be derived from an attempt to ..... same time the work that they were expected to perform, seems to have been that of guarding roads...and passes, acting as spies of the enemies' movements and as guides to the british troops through the forest tracks and hill passes, they ..... . by the regulation, the headman as regards police duties, was made responsible to the tahsildar or indian magistrate of the locality, and zemindars were 'deprived of all police powers except in so far as any of the duties of the tahsildar might be conferred upon particular zemindars by ..... . in the scheduled districts the prohibition against alienation was continued, not only as regards the emoluments of village officers, but also- as, regards 'other emoluments granted or continued in remuneration for the performance of duties ..... of persons carrying pikes for the purpose of maintaining the pomp and state heretofore attached to the persons of the, palayagars,' but the number was to be fixed and the pikes issued to them stamped and registered. ..... on 16th july 1899 .....

The Midnapore Zemindari Company, Limited Through Its Duly Authorized M ...

Court : Chennai

Reported in : (1918)34MLJ563

..... xvii of 1882 as having become obsolete, and thus vanished the last trace of the police powers formerly vested in the zemindar as head of his district, the police act xxiv of 1859, which took away the control of the police from the tahsildars and created a separate police department, denned police, in section 1 as including 'general' and village police, cuttoobadies, kavalgars, ..... . by the regulation, the headman as regards police duties, was made responsible to the tahsildar or indian magistrate of the locality, and zemindars were deprived of all police powers except in so far as any of the duties of the tahsildar might be conferred upon particular zemindars by the government ..... as regards the police or kaval duties, they admitted that such duties were at first required of the palayagar by the annual sannads issued to him by the collector of dindigal, of which several from 1796 to 1804 have been exhibited, but they contended that in accordance with the provisions of section 5 of ..... . in the scheduled districts the prohibition against alienation was continued, not only as regards the emoluments of village officers, but also as regards other emoluments granted or continued in remuneration for the performance of duties connected with ..... a certain number of persons carrying pikes for the purpose of maintaining the pomp and state heretofore attached to the persons of the palayagars ', but the number was to be fixed and the pikes issued to them stamped and registered. ..... grand-father died on 16-7-1899 .....

Mt. Izhar Fatma Bibi and ors. Vs. Mt. Ansar Fatma Bibi and ors.

Court : Allahabad

Reported in : AIR1939All348

..... . 131 their lordships of the calcutta high court after reviewing certain cases say:on examination these decisions will be found to fall broadly into two groups, namely first, cases whore the person who seeks to hold the lady to the terms of her deed is one who stood towards her in a fiduciary character or in some relation of personal confidence; and secondly, cases where the person ..... . this was a suit by the above-mentioned persons against one sia das and was a claim as zamindars and owners of a certain grove for the issue of a permanent injunction restraining the defendant from doing any act which might affect the plaintiffs' right of ownership in the grove after a declaration that the plaintiffs were owners and in possession of the grove and for rs ..... . if secondary evidence is admissible under section 65, evidence act, then under section 89 of the same enactment the court shall presume that every document mailed for and not produced was attested, stamped and executed in the manner required by law ..... . article 91 of the schedule to the limitation act has no application to a case of this description, where a suit is brought for possession, and partition upon declaration that an instrument under which the defendant claims is void.55 ..... this is called the widow's lien for dower, and this is the only creditor's lien of the musalman law which has received recognition in the british indian courts and at this board.23. ..... . husain khan (1899) 26 cal. 81 at p .....

Maharaja Kesho Prasad Singh Vs. Sheopargash Ojha and ors.

Court : Allahabad

Reported in : AIR1922All301; 64Ind.Cas.248

..... they then point to the difference in the language of articles 118 and 125, schedule i of the limitation act, as to who may institute the suit in each class of case, and then continue:-- 'but it does not follow from these words (of article 125) that the suit brought in the latter case by the nearest reversioner is ..... 526, the raja of dumraon pleaded that he was the zemindar of balihar, that the grove was a holding within the meaning of the tenancy act, that he had taken adverse possession of it on the death of the widow and a suit for possession of it would lie only under section 79 of the tenancy act for which the period of limitation was only six months, that no suit could lie in the civil court and, moreover, was barred by limitation ..... ) their lordships of the privy council remark as follows:the indian law, however, permits the institution of suits in the life time of the female owner for a declaration that an adoption made by her is not valid or an alienation effected by her is not binding against the inheritance.16. ..... this representation is in law founded upon a different set of considerations from those which would seek to stamp the character of reversionary heir upon one individual. ..... the first class would clearly be one brought in a purely personal capacity and such a declaration has always been refused as being futile, because no one can predicate that the plaintiff will be the actual reversioner when the ..... accordingly on december 25th, 1899, she borrowed rs. .....

In Re Interplay Between Arbitration Agreements Under The Arbitration A ...

Court : Supreme Court of India

..... .: interplay between arbitration agreements under the arbitration and conciliation act, 1996 and the indian stamp act, 1899 w i t h arbitration petition no.25 of2023judgment sanjiv khanna, j.i respectfully agree with the view expressed by the hon ble the chief justice of india dr. d.y ..... accepted or paid, or presented for acceptance or payment, or endorsed, transferred or otherwise negotiated, in india; and (c) every instrument (other than a bill of exchange or promissory note) mentioned in that schedule, which, not having been previously executed by any person, is executed out ..... subject to the provisions of this act and the exemptions contained in schedule i, the following instruments shall be chargeable with duty of the amount indicated in that schedule as the proper duty therefore, respectively, that is to say (a) every instrument mentioned in that schedule which, not having been previously executed by any person, is executed in india on or after the first day of july, 1899; (b) every bill of exchange payable otherwise than on demand, or promissory note drawn or made out of india on or after that day and .....

The Chief Controlling Revenue Authority (Stamp Act) Vs. Kamala Sugar M ...

Court : Chennai

Reported in : (2001)1MLJ726

..... several recitals which are normally found in a deed of debenture and the claim of the company is that the deed dated 29.6.1982 should be classified as debenture under article 27 of the schedule i of the indian stamp act, 1899, but the view of the revenue authorities is that it should be treated as a deed of mortgage under article 40(b) of the stamp act. ..... the debenture, to fall within the ambit of article 27 of the schedule i to the indian stamp act, should be a marketable security transferrable either by endorsement or by a separate ..... 29.6.1982 should be classified as a deed of mortgage under article 40(b) of the schedule i to the indian stamp act and it should be charged accordingly. ..... the expression, 'marketable security' is defined in section 2(16-a) of the indian stamp act to mean a security of such a description as to be capable of being sold in ..... in the indian stamp act. ..... indian stamp act ..... attached thereto but, the amount of such coupons shall not be included in estimating the duty.exemption: a debenture issued by an incorporated company or other body corporate in terms of a registered mortgage deed, duly stamped in respect of the full amount of debenture to be issued thereunder, whereby the company or body borrowing makesover, in whole or in part, their property to trustees for the benefit of the debenture holders:provided ..... the relevant article dealing with the levy of stamp duty is article 27 of the first schedule to the indian stamp act, and the entry, in so far it is relevant .....

Palamalai Mudaliar Alias Palamalai Pillai Vs. the South Indian Export ...

Court : Chennai

Reported in : (1910)20MLJ211

..... the vendee assisted the vendors to convert their land into cash to enable them to keep it out of the hands of their creditors, the sale will be voidable under section 53 of the transfer of property act, and i agree also that in the present case the vendee ought to be allowed a charge on the land sold to the amount of rs. ..... and filed on the 28th march 1903, in which it was alleged that some of the properties were mortgaged and that the defendants in the suit were trying to sell the scheduled properties, to discharge only the mortgage-debt and to appropriate the balance. ..... preferring these two creditors to the plaintiffs and the other creditors, it is clear and is admitted that the sale would not be voidable under section 53 of the transfer of property act, but the burden of proving this, where the sale appears otherwise to be voidable, is on the defendant (narayana pattar v. ..... it seems to me highly improbable that the defendant, who was an employee of the south indian railway on a small salary, and had been investing his modest savings for over twenty years in small purchases of land in the conjeeveram taluq of the chingleput district, should, ..... defendants having come to know of the execution proceedings, were, with a view of defrauding the decree-holders, selling the lands in ottathattai village to the present defendant, that the stamp paper had been purchased, and that the sale deed was being written. ..... the first two cases were ..... 1,500 in 1899, whereas in this transaction he becomes, as .....

Panaganti Ramarayanimgar Vs. Sri Rajah Velugoti Govinda Krishna Yachen ...

Court : Chennai

Reported in : AIR1921Mad183; 61Ind.Cas.612; (1921)40MLJ236

..... rajah of tuni from 31-1-1911, having regard to the general clause providing interest on the amount of the mortgage and also having regard to the fact that the b schedule properties from the usufruct of which the interest upon this amount was intended to be taken in lieu of interest was taken away from the mortgagee. ..... in respect of the 23 villages being confirmed, the document continues : ' and this mortgage document is executed after making you believe that, in case, we act contrary to the aforesaid condition, our entire estate including these mortgaged properties and all the moveable and immoveable properties shall stand security. ..... the conclusion, though not without some hesitation, that effect ought to be given to the principle recognised in section 62 (b) of the transfer of property act, and that the plaintiff ought to be allowed to recover possession of the property usufructuarily mortgaged under exhibit a without discharging the simple mortgage created by exhibit ..... having regard to this view of the rights of the mortgagor and mortgagee, it was first held that a mortgagor may be compelled to redeem all the mortgages he had executed to the same mortgagee whether it ..... and in india are not the same, there is some difficulty in the way of holding that the indian legislature, when reproducing section 17 in section 61 of the transfer of property act, intended it to have different operation in india. ..... 1899 by which the 23 villages included in b schedule ..... spent for stamp and ..... stamps .....

Knowlton Vs. Moore

Court : US Supreme Court

..... of the district of which the deceased person was a resident, the amount of the duty or tax assessed upon such legacy or distributive share, and shall also make and render to the said collector or deputy collector a schedule, list, or statement, in duplicate, of the amount of such legacy or distributive share, together with the amount of duty which has accrued or shall accrue thereon, verified by his oath or affirmation, to be administered and certified thereon by ..... united states and the several states of the union -- the following appears: although different modes of assessing such duties prevail, and although they have different accidental names, such as probate duties, stamp duties, taxes on the transaction, or the act of passing of an estate or a succession, legacy taxes, estate taxes, or privilege taxes, nevertheless tax laws of this nature in all countries rest in their essence upon the principle that death is the ..... some states than on others, because these duties may be laid on articles but little or not at all used in some other states, and of absolute necessity for the use and consumption of others, in which case the first would pay little or no part of the revenue arising therefrom, while the whole or nearly the whole of it would be paid by the last, to-wit, the states which use and consume the articles on which imposts and ..... the end of the second clause of article 7, section 1, add, 'and with the indian tribes. ..... 387 argued december 6-7, 1899 decided may 14, 1900 178 .....

The Registrar, University of Madras and anr. Vs. Union of India (Uoi), ...

Court : Chennai

Reported in : (1995)2MLJ367

..... hires or avails of the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such services are availed of within the approval of the first mentioned person:(explanation: for the purposes of sub-clause (i) 'commercial purpose' does not include use by a consumer of goods bought and used by him exclusively for the purpose of earning his livelihood, ..... in the service hired or availed of or agreed to be hired or availed of, by a complainant who under clause (b) of the definition clause means a consumer or any voluntary consumer association registered under the companies act, 1956 or under any law for the time being in force or the central government or any state government or where there are one or more consumers having the same interest then a complaint by such consumers. ..... university will ere long have large private endowments which will redound to the credit as much of the donors as of the institution.after referring to the provisions of the act, learned counsel has submitted that both the academic and administrative functions of the university are so inter-connected with each other that they cannot be severed into two separate compartments. ..... -section (5) has to necessarily empower the forum to act under sections 193 and 228 of the indian penal code for the purpose of section 195 and ..... government to part i of the schedule to the minimum wages act, 1948 furnished an illustration of ..... stamps 1899 ..... within a time schedule. .....