Judgment Search Results Home > Cases Phrase: judges inquiry act 1968 preamble 1 judges inquiry act 1968 Sorted by: recent Court: privy council Page 22 of about 1,265 results (0.274 seconds)

Himmat Sahai Vs. Sheikh Mohd. MoIn and ors.

Court : Allahabad

Reported in : AIR1941All200

..... of limitation, assuming a suit were brought upon it. the answer to that is, i think, that in this case no question under the limitation act arises in view, as the learned judge has found, of the very obvious acknowledgment constituted by the deed of 1925 itself. the other point put on the appellant's behalf in this connexion ..... lay upon the plaintiff to establish that the whole of his debt remained outstanding then, in my view, he has signally failed to do so. the learned subordinate judge of gorakhpur, however, appears to have taken an opposite view. he says:where the mortgagee purchases the portion of the mortgaged property the determination of the question whether ..... that court affirmed the same principle. it appears to me that the real question, which one has to consider, can best be expressed in the form of an inquiry whether, for the purpose of the purchase in question, the mortgagee-purchaser must, in the circumstance of the particular transaction be taken to have had resort to any .....

V. Ramaswami Aiyar and anr. Vs. Veerarayan Raja Alias Kuttunni, the Pr ...

Court : Chennai

Reported in : AIR1941Mad711; (1941)1MLJ629

..... because the plaintiff had overvalued the property and that on a true valuation it should be filed in. the court of the district munsif of chowghat. after inquiry the subordinate judge held that the allegation of overvaluation was well founded and by an order dated the 4th march, 1930, directed that the plaint be returned to the second ..... applied to the district munsif of chowghat for the renewal of the kanom. the second respondent objected. he relied on the proviso in section 1 (3) of the act, as the suit instituted by him for the redemption of the kanom was in effect a suit for eviction. the validity of this objection depends on the date on ..... in fact jurisdiction to try it and he received his jurisdiction under the provisions of section 12 of the madras civil courts act. that section says that the jurisdiction of a district judge or a subordinate judge extends, subject to the rules contained in the code of civil procedure, to all original suits and proceedings of a civil nature. .....

In Re: Tulsidas Amanmal Karani

Court : Mumbai

Reported in : AIR1941Bom228; (1941)43BOMLR250

..... said karani and for proper disciplinary action against him.6. in accordance with the rules of the high court in these matters, the chief justice ordered an inquiry by the chamber judge, on march 19, 1940, a notice was issued to karani to show cause why action under the disciplinary jurisdiction should not be taken against him. ..... kind, a contempt of court 'which it was hardly possible for the court to omit taking cognizance of.' (it may be mentioned incidentally that wallace accused the judges of acting upon inadmissible evidence and private information. he did not allege, as karani has alleged in the present case in so many words, prejudice, bias, malice and dishonesty ..... else (that appears to be the meaning of the passage which is made the subject of the second charge) and that he abused his powers as a judge and acted dishonestly and in bad faith.22. learned counsel for the opponent has argued that no offence was committed, not even contempt of court, because these allegations were .....

Sheoduttrai Pannalal Vs. Commissioner of Income-tax, United Provinces

Court : Allahabad

Reported in : AIR1940All530

..... bari v. commissioner of income-tax, burma (31) 18 air 1931 rang 194. it was held by a bench of five judges that the question whether an assessment made by the income-tax officer under section 23(4) of the act is valid or not is not a question of law that arises or can arise out of an order of the ..... making the assessment under section 23(4) and (ii) recording a note of the details and results of such inquiry.their lordships find it impossible' to extract these requirements from the language of the act, which after all is, in such matters, the primary and safest guide. the officer is to make an assessment to the best of his judgment against ..... upon that official by section 33.their lordships can find no justification in the language of the act for holding that an assessment made by an officer under section 23(4) without conducting a local inquiry and without recording the details and results of that inquiry cannot have teen made to the best of his judgment within the meaning of the section. .....

Sheoduttrai Pannalal Vs. Commissioner of Income-tax, C. P. and U. P.

Court : Allahabad

Reported in : [1941]9ITR118(All)

..... v. commissioner of income-tax officer, burma 1 (1931) 9 rang. 281. it was held by a bench of five judges that the question whether an assessment made by the income-tax officer under section 23(4) of the act is valid or not is not a question of law that arises or can arise out of an order of the ..... making the assessment under section 23(4) and (ii) recording a note of the details and results of such inquiry.their lordships find it impossible to extract these requirements from the language of the act, which after all is, in such matters, the primary and safest guide. the officer is to make an assessment to best of his judgment against a ..... upon that official by section 33.their lordships can find no justification in the language of the act for holding that an assessment made by an officer under section 23(4) without conducting a local inquiry and without recording the details and results of that inquiry cannot have been made to the best of his judgment within the meaning of the section. .....

P.P. Ar. Rm. Sp. Ramanathan Chettiar by Mother and Guardian Meenakshi ...

Court : Chennai

Reported in : (1941)1MLJ234

..... and that serious injustice might be done if things are allowed to remain in the present state. there has been no inquiry of the kind contemplated by law in this matter and the order made by, the subordinate judge without proper inquiry must be deemed to be an order passed in the irregular exercise of his jurisdiction. the learned ..... a dismissal of the petition would be to prevent the application of the provisions of the madras agriculturists' relief act to a case to which they may apply, it was incumbent on the court to hold a regular judicial inquiry and desirable to invite the parties to adduce proper evidence even if the parties were somewhat indifferent, for, ..... major, by his mother as guardian ad litem to apply the provisions of the madras agriculturists' relief act (iv of 1938) to the decree passed in the appeal. that petition to apply the provisions of the madras agriculturists' relief act as well as this petition for the appointment of the mother as the guardian ad litem were both .....

M. Ethirajulu Naidu Vs. A. Ranganatham Chetty and ors.

Court : Chennai

Reported in : (1941)2MLJ711

..... tried by wadsworth, j., who held that the madras city tenants protection act did not apply and that the appellant was entitled to a decree for possession. having decided this question, the learned judge directed the official referee to hold an inquiry into the value of the superstructure, a preliminary decree was passed in accordance ..... with this judgment and an appeal was then filed. the appellate court concurred in the opinion expressed by wadsworth, j., that the madras city tenants protection act did not apply. ..... appellant, and consequently they would render themselves liable for mesne profits. with these observations the learned judge left the question of liability to mesne profits to be decided after the property had been valued.5. the inquiry conducted by the official referee proved to be a lengthy one and his order was not .....

Lachhmi Prasad and ors. Vs. Bahraich Ram and anr.

Court : Allahabad

Reported in : AIR1941All31

..... , then: (a) was there any 'actual' benefit or 'actual' need, bearing in mind that the mortgagee is under no legal obligation to prove this, if he acted bona fide and made reasonable inquiries. if no 'actual' benefit is proved, then, (b) whether the business was the 'mainstay' of the family; and (c) whether the mortgagee advanced the money ..... matter been material to the decision of this appeal, i should have found it difficult to agree with the appellants' contention that the munsif and the learned judge in the courts below had completely misapprehended the legal effect of the proved fact of the previous agreement having challenged an erroneous finding of fact at all. the ..... appeal comes before me in second appeal. the first point taken by the defendant-appellants in this appeal is that both the munsif and the learned civil judge have wholly misconceived the legal effect of the former of the two agreements for arbitration. i have already said that the existence and contents of this document .....

Mt. Subhani and Others Vs. Nawab and Others

Court : Privy Council

..... i-am, no limit is mentioned within which the kindred must stand towards the deceased in order to exclude his daughters, though the question clearly contemplated inquiry into this point. it is not possible to say whether the omission to answer this part of the question was due to the fact that the point ..... s manual), limiting the unmarried daughter's interest until her marriage, without distinction between self-acquired and ancestral property or moveable or immovable property. the subordinate judge decided in favour of the daughters (the high court confirmed the decision), holding that it was clear that the general custom of the province favoured the ..... should be superseded, even with regard to his self-acquired property, by collaterals, irrespective of the degree of remoteness in which they stood. though punjab act, 2 of 1920 ("an act to restrict the power of descendants and collaterals to contest an alienation of immovable property .... on the ground that such alienation ... is contrary to .....

Hrishikesh Sanyal Vs. A.P. Bagchi

Court : Allahabad

Reported in : AIR1940All497

..... opposite party presented his application in the aforementioned court. two days later, on 6th march 1940, the opposite party moved the district judge of allahabad under section 476, criminal p.c., praying that an inquiry be made into certain of the allegations in the applicant's affidavit of 23rd january 1940, which he alleged to be absolutely false. ..... i.p.c., in the hope that the guardianship proceedings might terminate within a reasonable time; but upon the whole matter we are of opinion that the mere act of preferring a complaint in the court of a magistrate at allahabad under section 500, i.p.c., in respect to allegations which have been made against him ..... or if there was it was inadvertent. what we have to determine is whether the acts of the opposite party which are complained of by the applicant were calculated to prejudice a fair trial in the guardianship proceedings before the district judge of benares or to exert pressure upon the applicant in respect to those proceedings; and if .....