Court : Allahabad
Reported in : AIR1943All123
..... member of this bench, i am not bound by any previous decision of this court as none of them are by a bench larger than that of two judges. under section 178 of the act a person has, before erecting a new building within a municipality to give notice of his intention to the board, and under section 179 it is laid ..... a fact which though essential to the validity of his order, he was competent to try, assumes that, having general jurisdiction over the subject-matter, he properly entered upon the inquiry, but miscarried in the course of it. the superior court cannot quash an adjudication upon such an objection without assuming the functions of a court of appeal, and the power ..... , which bears no date. in this report he said:although it -- that is to say the temple -- does lie within less than 200 yards of a mosque, yet from all inquiries it appears that it is a private and domestic place of worship used by dr. brij beharilal's family and friends. hence bye-law no. 5 of the municipal board .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1943All115
..... it.7. what, therefore, has to be considered is whether the circumstance that a purchaser makes no inquiry of any sort or kind as to the possible existence of a statutory charge under section 177, municipalities act, amounts to such neglect or carelessness as, according to the meaning of constructive notice in this country, to ..... board, cawnpore v. roop chand jain this question was considered in this court in circumstances which are difficult to distinguish from the present circumstances. the learned judges held that notice could not be imputed by construction to the purchaser. if i understand the judgment, they based that upon two grounds. first they said that ..... application of the doctrine of constructive notice. i confess, with the greatest respect, that i find some difficulty myself in following this reasoning. the learned judges say:no intending purchaser is bound to presume that the taxes upon the property which he contemplates purchasing have not been paid in the ordinary course in .....
Tag this Judgment!Court : Chennai
Reported in : AIR1943Mad250
..... the respondent his costs, and he fixed the pleader's fee at rs. 50. the case has been brought before this court under section 15, legal practitioners act. we consider that the district judge was, justified in dismissing the petition, but that he had no power to award costs. at the same time we are of the opinion that an order ..... this court in in re an advocate a.i.r. 1932 mad. 131. in the bar councils act the high court is expressly authorized to pass such order as regards the payment of the costs of an inquiry against a practitioner under that act and of the hearing in the high court as it thinks fit. in re an advocate a.i ..... .r. 1932 mad. 131 the case was instituted under the legal practitioners act, but while it was pending, the bar councils act came into force and the inquiry was continued under that act. the argument was that inasmuch as the case had been, instituted under the legal practitioners act and that act contained no provision with regard to costs, costs could not be awarded. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1943All26
..... that under the provisions of sections 435 and 439, criminal p. c., this court has the power to revise the orders of special judges and special magistrates where they have acted in violation not merely of any rule enunciated in the penal code or the criminal procedure code, but where they have erred in construing or interpreting ..... part g, criminal p. c., deals with 'proceedings in prosecutions.' the heading of chap. 15 in that part is 'of the jurisdiction of the criminal courts in inquiries and trials.' subheading b in chap. 15 makes provisions about 'conditions requisite for initiation of proceedings' and section 190 is under this subheading. by sub-section (1) ..... to which a retrospective effect is sought to be given would prejudicially affect vested rights or the legal character of past transactions.61. the learned judge was dealing with the bankruptcy act where the words were 'where a debtor is adjudged bankrupt.' it was urged before him that the words 'where a debtor is adjudged bankrupt .....
Tag this Judgment!Court : Chennai
Reported in : AIR1943Mad459; (1943)1MLJ219
..... had power to make the transfer.each case would have to depend on its own circumstances. according to the learned judges in this case,the only test that can be laid down is that the transferee should show that he acted like a reasonable man of business and with ordinary prudence.in order to ascertain what would have been reasonable care ..... notes in consideration of which the sale deed ex. a was executed were in favour of sooramma and the money under them had been due to her, the only inquiry which could be, in the circumstances of the case regarded to have been proper was from kamaraju himself and inasmuch as kamaraju was bringing about this transaction, there was ..... favour of arju bibi. the high court had disallowed this contention. in overruling the decision of the high court on this point, their lordships observed at p. 308:but inquiry, or indeed any anxiety as to the title of arju bibi to grant the mortgage as proprietor in virtue of the hiba in her favour was made quite unnecessary by .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1943All49
..... by certain witnesses to the police under section 162, criminal p. c. section 162, criminal p. c., provides that:when any witness is called for the prosecution in such inquiry or trial whose statement has been reduced into writing as aforesaid (that is, as described in para. 1), the court shall, on the request of the accused, refer to ..... brother of parmeshwar din alias chhotku. this man with six others, chhedi, rahman, tahawwar, buddhu, syed uddin and parson started out to go to the bazaar to make inquiries about what had happened to parmeshwar din. to reach the bazaar, they had to pass the house of iqbal ahmad and as they approached the house from the north it ..... of such statement, if duly proved, may be used to contradict such witness in the manner provided by section 145, evidence act, 1872.17. in a very large number of cases recently i have found that sessions judges do not apparently understand or at any rate do not adopt the proper procedure for the admission and proof of statements made .....
Tag this Judgment!Court : Mumbai
Reported in : (1943)45BOMLR64
..... he was in another room. at the parade she identified no. 6 and no others and it seems that in the committal inquiry no. 6 was the only one she said anything about. javlya is a servant of waman. according to him there were ten ..... day the police heard about the visit of six persons to karim's house at sakhara and the sub-inspector went and made inquiries there. the police seem to have searched karim's house and also the houses of accused nos. 5 and 6. an axe ..... it will be sufficient to mention one recent decision, emperor v. allisab, : (1932)34bomlr1453 where this court acting upon this rule set aside a conviction by a sessions judge, sitting with assessors, which was based on the uncorroborated evidence of accomplices. the fact that this trial was ..... 4.14. the rule of practice, however, is much stronger and more definite than that, and in our opinion, the learned judge should have impressed upon the jury much more clearly and emphatically that it is a rule which has practically the force of law .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1943Bom116; (1943)45BOMLR159
..... any member of a hindu family hitherto assessed as undivided that a partition has taken place among the members of such family, the income-tax officer shall make such inquiry thereinto as he may think fit, and, if he is satisfied that a separation of the members of the family has taken place and that the joint family property ..... i emphasise this particularly in respect of the observations of mr. justice niamatullah in biradhmal lodha v. commsr. of income tax. (1933) 2 i.t.r. 164 the learned judge there stated that it was not necessary to have a division by metes and bounds, but it should be remembered that, correctly speaking, it is not possible to have a ..... the view that a physical division of the property is required.18. the assessee to pay costs.kania, j.19. the relevant facts, sections of the income-tax act and authorities cited at the bar have been referred to in the judgment just delivered by the learned chief justice.20. the question for consideration is whether on the construction .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1943Bom292; (1943)45BOMLR544
..... for leave to sue as, a pauper had not been refused, but while the question of pauperism was under inquiry, the plaintiff offered to pay court-fees and gave up his request to be allowed to sue as a pauper. the learned trial judge accepted the court-fees, allowed the application to be converted into a regular plaint, and held that for ..... in the indian courts, that a wrong stamp is put upon the plaint originally, and the proper stamp is afterwards affixed.... this case, which is not provided for by the act, approaches more nearly to the state of things contemplated by sect. 308 (now order xxi, rule 8) than, that contemplated by sect. 310 (now order xxi, rule 15).7. from ..... in this court that the petitioner should be given the benefit of the period spent by him bona fide in the pauper proceedings under section 14 of the indian limitation act. no such request was made to the courts below, and we 'are not prepared to consider it here for the first time in this revision proceeding. we may only .....
Tag this Judgment!Court : Mumbai
Reported in : (1943)45BOMLR125
..... calcutta high court, in which it had been held that before a notice can be given under section 34, the income-tax officer must hold some sort of judicial inquiry to satisfy himself that a proper case exists, were not prepared to accept that view, and held that to enable an income-tax officer to initiate proceedings under ..... , was a surmise. the court therefore held that the second assessment was not justified. this opinion of our court, i apprehend, was not properly appreciated by the learned judges of the rangoon high court in commissioner of income tax v. dey brothers.(1936) 4 i.t.r. 209 they adhered to the view they had expressed in their ..... which presents no difficulty whatever, is :whether in the circumstances of this case the notice of re-assessment issued to the applicant under section 34 of the income-tax act was invalid or illegal for failure to specify the particular source of income that had escaped assessment ?3. the notice under section 34 stated that the income-tax officer .....
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