Court : Mumbai
Reported in : AIR1944Bom91; (1943)45BOMLR1055
..... to the wakf administration fund at surat and could not, therefore, be called upon to pay it over again at ahmedabad.3. the learned district judge held an inquiry under section 6c of the mussalman wakf act, 1923, and held that since at least half the income of the trust was independent of any family obligation, that part of the wakf was ..... lokur, j.1. this is an application in revision against the order of the district judge of ahmedabad passed in an inquiry held under section 6c of the mussalman wakf act, 1923, as amended by bombay act xviii of 1935. the petitioner is the managing trustee of the matekati charitable properties trust situated at ahmedabad and surat. the trust was created by a ..... the court, that is to say the court of a district judge, either on its own motion or upon the application of any person claiming to have an interest in a wakf, to hold an inquiry to ascertain whether a wakf is a wakf to which the act applies, thus the decision given is the decision of a court which is .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1944Bom29; (1943)45BOMLR924
..... no attempt to secure the evidence of girdhar thakkar. the plaintiff does not even know where girdhar thakkar used to reside in bombay and he has made no inquiries to find out from girdhar thakkar's residence as to whether anyone else in his house knew about this brahmin. although the plaintiff met m.l. shah last ..... it did and the procedure adopted in recording evidence was irregular. sargeant c.j. in delivering the judgment of the court observed (p. 579) :-the subordinate judge admitted the evidence under section 32 and sub-clause 4, apparently considering that it would be unreasonable to oblige the plaintiff to incur the expense of procuring the attendance ..... 32, the statements therein referred to are only statements of relevant facts and not of facts in issue. sir jamshedji kanga, therefore, argues that the indian evidence act only permits hearsay evidence to be given under section 32 of statements of relevant facts and not of statements of facts in issue. sir jamshedji kanga says that .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1943Cal479
..... requested mr. hiralal chakravarti to assist us as amicus curiae. we are obliged to him, as well as to mr. roy chaudhuri, for indicating the path of our inquiry and for directing our attention to authorities, both historical and judicial which illuminate that path. the argument which favours the view that the marriage is valid is briefly as ..... were examined but the magistrate was not satisfied with the evidence, and discharged the two accused persons. inder singh moved the learned additional district magistrate for a further inquiry, but his petition was dismissed by the magistrate who recorded a judgment in which he observed as follows:as regards the merits of the case, i am of opinion ..... gentoos or hindus, of whom they were a dissenting branch.from that time to the present the same view has been acted upon by the indian courts, and particularly (as has been pointed out by the learned judges of the chief court in the present case) by the courts of the punjab, which is the real home of the .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1943Bom825; (1943)45BOMLR633
..... that they are getting the benefit of the provisions of section 25(4) of the indian income-tax act, 1922, and of the rates of income-tax and super-tax in force in august, 1939. i am not in a position to judge whether the advantages are greater than the prejudice caused to the shareholders by the wrong basis adopted by ..... from chagla j. the petitioners came to know of the different valuation reports made by the purchasing company and the bombay telephone co. the petitioners had not made any inquiries before filing the petition in respect of the valuation reports or the facts on which the chairman of the company strongly recommended the shareholders to accept the offer. if that ..... a rejoinder on the part of the company that in respect of certain other items the prices in 1941 were lower. as i have pointed out this line of inquiry is not likely to result in anything definite or tangible on the evidence on record.16. the petitioners' contention, which appears to have appealed to the learned trial .....
Tag this Judgment!Court : Chennai
Reported in : AIR1943Mad721; (1943)2MLJ303
..... from this decree that the present appeal has been filed.4. on behalf of the appellant, dr. john raised two contentions : (1) that the learned judge acted irregularly in not having dealt with the objections which the appellant had preferred against the report of the commissioner, more especially with reference to the scheme of division recommended ..... that the seed grains and stock of paddy admitted by the appellant in his written statement had been utilised by him long before the commissioner held his inquiry and without realizing that some of the cattle mentioned in the written statement had since died. the commissioner has, however, stated in his report to which ..... of the british indian properties and not of the cochin properties. such being the nature of the preliminary decree, the commissioner had no jurisdiction to hold an inquiry or to determine the mesne profits of the cochin properties. indeed it appears from his report that he was fully alive to the limitations under which he .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1943All284
..... to a sum of rs. 2, though his claim was for rs. 92. mr. man bahadur singh has appeared in court and has stated that in the course of his inquiry preceding the award he did examine a witness named suraj kumar singh in the absence of the parties. he has also suggested that there was some talk about the case ..... the matter in dispute in the suit and he further agreed that mr. man bahadur singh will have the power to base his decision either upon a public inquiry or upon a private inquiry. it may be noted here that mr. man bahadur singh was at that time representing the defendant-applicant as his counsel. it is really surprising that this ..... guardian had consented to an arbitrator deciding the minor's claim upon information and evidence however obtained and the arbitrator acted on information obtained by him behind the back of the parties. upon these facts, it was held by the learned judges of the madras high court that the guardian's consent amounted to a surrender of the minor's rights and .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1943Bom318; (1943)45BOMLR602
..... instance by virtue of rule 89 of the high court rules, rejected the application for leave to sue as a pauper, but his order was set aside by the learned judge in chambers. there seems to be some question as to the correct procedure to be adopted on these pauper applications, and we will deal with that matter before considering the ..... to any of the prohibitions specified in rule 5. then under sub-rule (5) the court either allows or refuses the application to sue as a pauper. so that when acting under rule 7 the court has before it the statement made by the applicant in his application and any evidence which he has given on being called upon by the ..... the applicant under, rule-4. but the policy of the framers of the code evidently was not to allow the inquiry under rule-7 to be converted into a sort of preliminary hearing of the suit, but to confine that inquiry to the issue of pauperism. in the present case the applicant alleged an ulterior motive for the prosecution which suggests malice .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1944Bom63; (1943)45BOMLR1002
..... in existence. in that case a person, being at the time a pauper, had made an application for leave to sue as a pauper, but subsequently, pending an inquiry into his pauperism, had obtained funds which enabled him to pay the court-fees, and his petition was allowed upon such payment to be numbered and registered as a ..... same, as required by order xxxiii, rule 2, civil procedure code, 1908. notice was issued to the government reader and the opponents under order xxxiii, rule 6. the learned subordinate judge found that, though the petitioner had no means to pay the court-fees, his application did not disclose any subsisting cause of action. he, accordingly, dismissed the application with ..... a suit in the ordinary manner in respect of such right.'10. reliance has also been placed on the wording of an explanation to section 3 of the indian limitation act, which reads thus :-a suit is instituted, in ordinary cases, when the plaint is presented to the proper officer; in the case of a pauper, when his .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1943Cal544
..... or more than the area accreted the landlord's suit for additional rent must be dismissed. if this contention be accepted, the case would have to be remanded for further inquiry. we cannot however accept this interpretation.14. in the earlier part of our judgment, we have referred to some leading cases on section 52 as it was before 1939. ..... different from where it was at the time of the revenue survey. (after discussing evidence on points 1 to 3 raised in appeal his lordship remanded the case for further inquiry on the points and proceeded.) under the second proviso to section 4 clause (1) of regn. 11 of 1825, as it was originally enacted, additional rent on land ..... the tenure or holding since the rent previously paid was settled' and we are remanding the case to the learned subordinate judge for this purpose. in regard to the statement of objects and reasons of the bill which became act 13 of 1939, i would merely say that our construction of the new proviso being what it is, it is quite .....
Tag this Judgment!Court : Privy Council
Reported in : AIR1943PC76
..... to negotiate an agreement for the settlement of the debtor's debts, either in full or by a composition. the board is to have all the extensive powers of inquiry conferred by the act. any agreement between a resident debtor and a creditor made through the agency of the board, however informal, is to be binding (s.22); and the board (s ..... . it provides for an appeal by any person who deems himself aggrieved by the action of the board in granting or refusing a permit or its other orders "to a judge of the supreme court sitting with a jury of six persons." sub-section (8) provides that the question as to the action of the board in withholding or granting a ..... permit or in giving any direction under the act is to be a question of fact for the determination of the jury under proper instructions from the judge and there shall be no appeal from such determination or from any judgment or order made thereon. the question of fact .....
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