Court : Mumbai
Reported in : (1941)43BOMLR926
..... order so as to bind the minor, and the court will require a higher degree of proof than merely establishing a prima facie case which would satisfy on reasonable inquiries a bona fide purchaser. in making a contract with a term of this kind the parties have, therefore, to recognize that they are taking upon themselves a ..... as parens patrix, those powers being exercised in england at first by the lord chancellor, afterwards by the court of chancery, and at the present time by the judges of the chancery division. in my view, clause 37 conferred similar powers upon the supreme court; and, if that is so, there was no reason for restricting ..... and there being no difficulty in administration the summary procedure cannot be availed of. the words of the charter are not construed. the jurisdiction under the guardians and wards act was considered, and it was pointed out that as there were testamentary guardians, the court would not appoint a guardian under that jurisdiction. in taruchmdra ghosh, in re .....
Tag this Judgment!Court : Mumbai
Reported in : (1942)44BOMLR11
..... norman macleod and mr. justice madgavkar, dismissed certain appeals and applications in revision in the matter of this trust on the ground that the district judge, acting under clause (4), was acting as persona designata. that is a direct authority on the point, which is binding upon this court, though, no doubt, the learned chief justice ..... no. 2 who has contributed to make the inquiry needlessly protracted, to be paid to trustee no. 3, who has been harassed by false allegations. 7. that reference to costs and his appointment of a receiver rather suggest that the learned judge considered that he was acting in a judicial capacity, and not as persona designata ..... judge: was not acting as a judge, he could not appoint a receiver as an officer of the court. then the court, after making orders as to the amendment of the scheme, directed that 'costs of the inquiry by the district judge will be dealt with by the district judge'. the matter then went back to mr. lokur, the present district judge .....
Tag this Judgment!Court : Mumbai
Reported in : (1941)43BOMLR864
..... the criminal procedure code, alleging, in some detail, that they had witnessed the murder of a man named rayappa. the alleged murderer was subsequently prosecuted, but at the inquiry before the committing magistrate the applicants resiled from their statements, and said that in point of fact they had seen nothing, and that the statements which they had ..... either before the magistrate taking a statement under section 164 or subsequently in court, and to record an alternative conviction. the court in that case consisted of five judges, one of whom, mr. justice shah, dissented from that proposition. the authority of the case may be open to question, since there had been a previous ..... r. 45 bom. 834 f.b., held that in such a case the statement under section 164 and the subsequent evidence in court constituted a series of acts within the meaning of section 236 of the criminal procedure code, and that consequently it was legitimate to frame a charge in the alternative, a charge of perjury committed .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1942Cal92
..... category of the defendants on his own application on the ground that he had withdrawn the attachment. after the disposal of the present suit by the trial judge sarat again attached kha schedule properties. thereupon, binodamoyee made an application under order 21, rule 58, civil p.c., for releasing this property from attachment. ..... at the time. plaintiff's evidence that defendants asked her to execute an amuktearnama for the management of her properties is consistent with probabilitiess. the trial judge was, therefore, right in believing her evidence. there is no satisfactory evidence in this case to show that defendants 1 and 2 obtained possession, of ..... already been entered upon, from proving anything which would contradict his own previous declaration or acts to the prejudice of another party who relying upon those declarations or acts, has altered his position. in other words res judicata prohibits an inquiry in limine, whilst an estoppel is only a piece of evidence.21. the doctrine of .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1942Cal53
..... party who had not referred any question or any objection to it under section 18, land acquisition act.4. mr. chakravarty argues that when a reference is made under section 18, land acquisition act, section 21 of the act expressly restricts the inquiry before the land acquisition court to an examination of the question which has been referred by the ..... large to allow the adaptation of section 32, civil p.c., (corresponding to order 1, rule 10 of the present civil procedure code) to the matter before the judge and a person who was not a party to the proceeding before the collector and who claimed title by adverse possession was allowed to be added as a ..... party to the reference before the judge that was made by the collector under section 30, land acquisition act. the decision, however, did not proceed on any distinction between the provisions of sections 18 and 30, land acquisition .....
Tag this Judgment!Court : Mumbai
Reported in : (1941)43BOMLR896
..... the observations of blackburn j., in the queen v. boteler (1864) 4 b. & s. 959. are very pertinent. that learned judge after pointing out the different circumstances in which the proper order is to order the doing of the act or to order the party to hear and determine said (p. 965):--but i think the affidavits shew that, having entered ..... into the inquiry, they determined that it was fit on every legal ground that their warrant should be issued but that ..... they would not issue it because they disliked the act of parliament: they have decided all that was in their power to decide, and for a .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1941Cal298
..... bibi. on an application by a creditor, one mathura prosad rajgharia, under section 53 read with section 54a. and also under section 4, provincial insolvency act, the learned district judge of 24-parganas has found that both the alleged transfers were fictitious and has ordered that oli mahammad had right, title and interest in the disputed property ..... the course to be taken in eases of this type under the provincial insolvency act of 1907 is clearly described. the learned district judge in that case, while pointing out that the court could not at the instance of a creditor hold a summary inquiry into the question whether the insolvent had concealed certain properties by having them vested ..... january mathura prosad filed a petition praying that the matter should be dealt with both under section 53 and section 4 of the act.5. we agree entirely with the finding of the learned district judge that the alleged transfers by oli mahammad to hanif by ex. c, and by the latter in turn to garibia bibi by .....
Tag this Judgment!Court : Chennai
Reported in : AIR1941Mad707; (1941)1MLJ815
..... mortgage. the appellant was made a party and she pleaded that her charge for maintenance took priority of the respondent's mortgage. the district munsif and the subordinate judge of cuddalore on appeal upheld the appellant's contention, but the respondent appealed to this court and krishnaswami aiyangar, j., allowed his appeal. this appeal has been ..... 2. stated shortly the appellant' case is that the respondent was placed on inquiry whether a hindu widow had a claim on : the properties, and as he failed to make any inquiries he is postponed to the appellant. section 39 of the transfer of property act, as it stood at the time of the mortgage, read as follows: ..... be designed, and due to a desire to avoid an inquiry which would lead him to ultimate knowledge, and that an omission to make inquiries was not to be regarded as sufficient to constitute constructive notice within the meaning of the section. the learned judge pointed out that no authority dealing with section 39 had been quoted to .....
Tag this Judgment!Court : Chennai
Reported in : (1941)1MLJ310
..... his petition was rejected. rule 48 of the electoral rules states that if any question arises as to the interpretation of the rules, otherwise than in connection with an election inquiry held thereunder, the question shall be referred for the decision of the governor and his decision shall be final. the decision of the government must for the purpose of ..... for india in council for the recovery of the rs. 250 deposited by him. the district munsif decreed the suit, but his decision was reversed on appeal by the subordinate judge of tanjore, who held that the suit did not lie. the appellant then appealed to this court and his appeal was heard by wadsworth, j., who agreed with the ..... 456 votes were found to be invalid. under rule 12 (1) of the madras electoral rules, framed under sections 72-a and 129-a of the government of india act (the act of 1915) a candidate is required to deposit with the returning officer the sum of rs. 250 in cash or in government promissory notes. under sub-rule (3), if .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1941Bom317; (1941)43BOMLR706
..... . there are three fields which form the endowment. the management of the property at first belonged to the village officers and in 1883, after an official inquiry, a committee of management was formed, consisting of the officiating patil and kulkarni and three other residents of the village. this committee functioned till 1893. after ..... the court allowed the amendment holding that the additional reliefs sought were not inconsistent with the suit as originally instituted.5. issues were framed. the learned judge overruled technical objections to the maintainability of the suit and held that the directions of the court were necessary for the administration of the trust. he also ..... 1893 a member of the kulkarni family, who was not officiating, acted as manager, and in 1899, when yadagouda, father of defendant no. 4, ceased to be officiating revenue patil and his son defendant no, 4 was appointed .....
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