Court : Mumbai
Reported in : (1945)47BOMLR821
..... but it does not appear that the defendant was living with the two brothers and that there is nothing to show that the plaintiff's father was put upon his inquiry as to whether any charge was created on the properties for the defendant's maintenance. that being so, we think that the lower appellate court was right in holding that ..... it was not proved that the purchase was free from the maintenance charge in favour of the defendant. the suit was accordingly dismissed. on appeal by the plaintiff, the assistant judge held that the plaintiff's father was a bona fide purchaser for value without notice of the charge and that therefore the suit lands were not liable to be sold ..... was only a charge-holder of the suit lands and that charge, under section 100 of the transfer of property act, 1882, could not be availed of against the person who purchased the lands without any notice of it. the learned judge relied on a decision of the oudh court in mt. indrani v. maharaj narain [1937], in which it was .....
Tag this Judgment!Court : Chennai
Reported in : AIR1945Mad30
..... rule 66 of the rules framed then by this court under the companies act required that all bills and other securities payable to the company or to the official liquidator should, unless the judge otherwise directed as soon as they came into the hands of the official ..... question. it is said that inasmuch as the cheque was drawn in favour of an official liquidator the bank was put on inquiry and was negligent in paying over to him personally the amount for which the cheque was drawn. before paying m. ramachandra rao ..... the rupees 5550 the bank called for his order of appointment which was, it is said, sufficient in itself to put it on inquiry. it is also said that its officers must be deemed to know the law and that m. ramachandra rao had no right ..... 's counter. in our judgment there was here a clear breach of a statutory duty placed upon the bank and the learned judge was right in holding the bank liable. the payment of the cash to m. ramachandra rao facilitated his misappropriation of the money .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1945Bom338; (1945)47BOMLR447
..... but in a money suit there may be execution by arrest simultaneous with the passing of the decree and upon the oral request only of the decree-holder. inquiry into mesne profits under the code of 1882 was a proceeding in execution. under the present code it has been transferred to the proceedings in suit. the ..... . sub-rule (2) has in such cases expressly empowered the court to pass a preliminary decree where the partition or separation cannot be conveniently made without further inquiry. the preliminary decree would in such a case declare what share the plaintiff is entitled to, and the final decree would specify the particular properties which are to ..... ministerial act of the court, that no execution application was necessary, and that no question of limitation arose. he therefore overruled the abjection and directed the papers to be sent to the collector for partition being made of the lands.17. there can be no doubt that, on the authority of jacinto v. fernandez, the learned judge .....
Tag this Judgment!Court : Chennai
Reported in : AIR1945Mad26
..... or appraisement or that no rent at all is payable, the objection also has to be forwarded. the collector has then to hear any objections, and after further inquiry, if necessary, has to pass orders. such orders are final, except that if an objection that no rent is payable or that it is not payable by division ..... procedure to be adopted by the collector under section 75 upon receiving such an application was followed; and the deputy collector deputed a revenue inspector to make the necessary inquiry. the ryots, in written statements of their claim, stated that they had not been paying rent and that none was due from them. if an objection is ..... . 1932 mad. 612 was that in exercising their functions under chap. 11, the revenue authorities were not acting as courts. 3. the learned judges went on to say that in the matter they were considering the revenue authorities were acting as courts and that therefore section 115 applied and the high court had jurisdiction to interfere with the decision .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1945All39
..... of the document evidencing the agreement. we have been referred to the case in jugul kishore v. banwari lal : air1929all791 it is true that the learned judges said that section 55 (1) (g), t.p. act, required that there should be a specific contract set forth in the sale deed that the property was sold subject to encumbrances if the vendor was ..... other way and it is not at all improbable that the plaintiff at the time of the agreement should have reserved the right to resile from the contract if, on inquiry, it had proved disadvantageous to him as, for instance, if the mortgage debt had been found to be greater than the consideration which the plaintiff was willing to pay. ..... to be drawn up. neither party knew at the time of the institution of the suit and neither party knows even now. parmatma saran admitted that the plaintiff made no inquiries from the bank and that the amount set down as due to the bank was an approximate amount. in the course of the suit, the plaintiff made no attempt by .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1944All177
..... though they generally surround it with safeguards to prevent abuse. the restraints are that when a specific property is taken, a pecuniary compensation, agreed upon or determined by judicial inquiry, must be paid.' (cooley's constitutional limitations, edn. 8, vol. ii, page 743.) the principle enshrined in the above lines has been accepted by their lordships ..... the appellants before the letters patent bench, has stated before us that the letters patent bench have expressed their disagreement with the view of the learned single judge, although the judgment has not yet been pronounced. be that as it may, the case related to the urban area and involved a different question from the ..... such other duties as may be required of or imposed on him by or under this act.' the learned civil judge has held that the bengal chaukidari act, 20 of 1856, was applied to chhatari. that act was, on the enforcement of the town areas act, repealed and chhatari was mentioned in list i of schedule a, no. 38, town .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1944All284
..... . 17,500 was the price which should have been stated and it was then for the persons who received the notice to make inquiries to find out the details of the same. i find therefore that the notice was a notice under section 14 and, at any ..... execution of a pronote. on receiving a notice it is for the person who has a right to pre-empt to make inquiries as to the details of the consideration which need not be entered in the notice.7. in the present case it was ..... previous law and reference was made to chotu v. husain bakhsh ('93) 1893 a.w.n. 25. the learned judges stated that before the preemption act was passed where one cosharer had joined another cosharer in the suit but this cosharer was disqualified from pre-empting by reason ..... raja khan and arif khan refused to take delivery of the notice. as regards the reply sent by liaqat khan the learned judge held that it did not indicate his intention to purchase the property so that none of the plaintiffs had communicated any such intention .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1944All137
..... considers that there is no sufficient ground for interfering, dismiss the appeal, or may - (a) in an appeal from an order of acquittal, reverse such order and direct that further inquiry be made, or that the accused be retried or committed for trial, as the case may be, or find him guilty and pass sentence on him according to law;(b ..... that there is no sufficient ground for interfering, dismiss the appeal, or may,(a) in an appeal from an order of acquittal, reverse such order and direct that further inquiry be made, or that the accused be retried or committed for trial, as the case may be, or find him guilty and pass sentence on him according to law;(b ..... tried for two separate offences, one under section 60(a) and the other under section 60(f), u.p. excise act. the trying magistrate convicted him under section 60(f) but acquitted him under section 60(a). on appeal the sessions judge set aside the conviction under section 60(f) but at the same time recorded a conviction under section 60(a .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1945Bom157; (1944)46BOMLR925
..... was dai-ul-mutalak, i.e. the mullajisaheb himself. when these statements were put in, the assistant judge passed an order that an inquiry should be held under section 6c of the act which was inserted in the original act of 1923 by bombay act xviii of 1935. he raised an issue as to whether the property was a wakf property, and ..... was no provision in the act authorizing any court to determine that question. the learned judge, kulwant sahay j., drew pointed attention to the omission in the act of a provision similar to that contained in section 5 of the charitable and religious tnfsts'act (xiv of 1920), which authorized the court to make an inquiry if any person appeared at the ..... of an order passed by the district judge of broach and panch mahals in miscellaneous applications nos. 11 and 13 to 20 of 1940 and raise an important question as regards the jurisdiction of the district court and the scope of the inquiry to be made under section 6c of the musalman wakf act (xlii of 1923) as amended by .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1945Bom88; (1944)46BOMLR877
..... of the whole of clause 8 including the proviso. but mr. taraporewalla took a further point, namely, that the controller in granting the certificate had acted contrary to natural justice. the learned judge answered that submission in the negative, and accordingly answered the issue referred to him in the affirmative. from that decision the appellant now appeals to this ..... , when the matter was discussed, the appellant's counsel contended (1) that the proviso to clause 8 of the order was ultra vires, and (2) that the inquiry held by the controller and the collector was against the principles of natural justice. blagden j. doubted if the first point was open for discussion, but came to the ..... right to an injunction or damages for breach of the covenant. in my opinion this argument is unsound. the first part of clause 8 does not limit the inquiry to covenants coupled with such a proviso only. therefore while under the first part of the clause it will be for the court to decide whether a tenant .....
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