Court : Chennai
Reported in : AIR1940Mad756; (1940)1MLJ882
..... a section, and the question is, are we free to adopt a different construction in respect of what is practically the same language in the madras hindu religious endowments act?15. two reasons in particular have operated on my mind in persuading me to assent to the opinion expressed in the judgment of the learned chief justice. in the ..... if the subordinate court appears to have exercised a jurisdiction not vested in it by law, or to have failed to exercise a jurisdiction so vested, or to have acted in the exercise of its jurisdiction illegally or with material irregularity, the court may make such order in the case as it thinks fit. the section only contemplates ..... scheme for the administration of the temple and its endowments. the board held an inquiry and as the result of the investigation decided that it was not necessary to frame a scheme. the applicants then filed a suit in the court of the district judge of tinnevelly with the object of obtaining the settlement of a scheme under a decree .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1941Cal1
..... to take proceedings for determining whether the defendants are liable for mesne profits, and if it answers that question in the plaintiff's favour, then to start an inquiry for ascertaining the amount.31. the question of costs will now have to be determined. more than three-fourths of the time that the hearing lasted had been ..... dated 23rd october 1933 has dismissed the suit. the midnapore zemindary co., ltd., have accordingly filed this appeal.6. as, in our judgment, the learned subordinate judge has gone beyond the pleadings and has dismissed the plaintiff's case on a defence not taken in the written statement and, as the learned advocate for the appellants ..... materials in support of its case, as no admission had been made by the defendants either in their written statement or at the hearing : section 58, evidence act. for the purpose of super-imposition copies of the relevant maps have been made in this court on the same scale. their superimposition from surdah would however indicate .....
Tag this Judgment!Court : Chennai
Reported in : AIR1940Mad465; (1940)1MLJ719
..... 1), clause (b) or clause (c) which appears to have been committed in or in relation to a proceeding in that court, the court may, after such preliminary inquiry, if any, as it thinks necessary, record a finding to that effect and make a complaint in writing which shall be forwarded to a magistrate of the first class ..... but it is necessary to examine its provisions more closely in conjunction with the provisions of section 435. section 435 states that the high court or any sessions judge or district magistrate or any sub-divisional magistrate empowered by the local government in this behalf may call for and examine the record of a proceeding before an inferior ..... an opportunity of being heard either personally or by pleader in his own defence.(3) where the sentence dealt with under this section has been passed by a magistrate acting otherwise than under section 34, the court shall not inflict a greater punishment for the offence which, in the opinion of such court, the accused has committed, .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1940All263
..... in his cross-examination:provided further that, if the court is of opinion that any part of any such statement is not relevant to the subject-matter of the inquiry or trial or that its disclosure to the accused is not essential in the interests of justice and is inexpedient in the public interests, it shall record such opinion ..... thereof, whether in a police-diary or otherwise, or any part of such statement or record, be used for any purpose (save as hereinafter provided) at any inquiry or trial in respect of any offence under investigation at the time when such statement was made:provided that when any witness is called for the prosecution in such ..... person to a police officer in the course of investigation when it is made in the special circumstances provided for in section 27, evidence act. in emperor v. mayadhar pothal (1939) 26 air pat 577 the learned judges cited with approval chinna thimmappa v. talukunta thimmappa (1928) 15 air mad 1028 and syamo maha patro v. emperor (1932) 19 air .....
Tag this Judgment!Court : Chennai
Reported in : AIR1940Mad421; (1940)1MLJ534
..... not own any property other than such debts apart from her personal belongings.3. learned counsel for the petitioner objects that on the above construction, the inquiry on an application under the act would have to relate not only to the character of the applicant as an agriculturist but also to the similar character of the various debtors from whom ..... such construction. learned counsel for the petitioner relied on the decision of krishnaswami aiyangar, j., in c.r.p. no. 1072 of 1938 (not yet reported), where the learned judge appears to have construed section 4(h) in the manner suggested for the petitioner. the question does not appear to have been fully considered and the learned ..... judge gives no reasons in support of his conclusion and, with due respect, we are unable to agree with it.4. as it has not been ascertained whether the mortgage .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1941Bom30; (1940)42BOMLR1005
..... be considered, obviously the financial position of the defendants is a matter which has to be taken into consideration also, and as the learned trial judge has declined to hold any inquiry and it is not known therefore whether the defendants are agriculturists or not, it cannot be said that all the circumstances are before the court ..... of lands they became agriculturists while the suit was proceeding, and it was held that that entitled them to rely on the provisions of the dekkhan agriculturists' relief act. mr. justice chandavarkar accepted the principle laid down by this court in three previous cases, one of which was padgaya v. baji.7. mr. manerikar for ..... in the course of. the suit. the defendants have appealed.3. the question for determination depends mainly on the construction of section 15b of the dekkhan agriculturists' relief act, the relevant portion of which, clause (1), is in these terms:-the court may in its discretion, in passing a decree for redemption, foreclosure or sale in .....
Tag this Judgment!Court : Chennai
Reported in : (1940)1MLJ259
..... certainly would have power under section 3-a of the madras civil courts act to assign the inquiry to the additional district judge, but there is nothing in the legal practitioners' act which directs the district judge to hold the inquiry. the act leaves the matter entirely in the hands of the high court. the high court ..... consider that the legislature had here in mind acts such as the indian companies act, the indian divorce act and the succession act, which confer upon a district judge jurisdiction in specified matters. if there were a clause in the legal practitioners' act which directed the district judge to hold the inquiry in a case like the present one he ..... . the only argument which calls for serious consideration is the argument that section 3-a of the madras civil courts act gave the district judge power to direct the additional district judge to conduct the inquiry. that section reads as follows:when in the opinion of the high court, the state of business pending before the .....
Tag this Judgment!Court : Chennai
Reported in : (1941)2MLJ175
..... never have been intended that the power of notification should be exercised without grave reason. in exercising its powers under chapter vi-a the board must act judicially, after a full and proper inquiry, and as the provisions of chapter vi-a with regard to appeal are illusory the need for care in this respect is all the greater. my ..... quoted with approval...the observations of r.s. wright, j., in re the london scottish permanent building society (1893) 63 l.j. (q.b.) 112, where the learned judge said 'an application for prohibition is never too late so long as there is something left for it to operate upon'. i have no hesitation in saying that because the ..... receiver to take charge of them. by an order of a bench of this court, dated 5th april, 1934, which was passed by consent of all parties, the district judge's order refusing to recognize the petitioner was set aside and the petitioner was appointed the trustee. the order of appointment imposed inter alia the following conditions : -(1) .....
Tag this Judgment!Court : Chennai
Reported in : AIR1941Mad878
..... could never have been intended that the power of notification should be exercised without grave reason. in exercising its powers under chap. 6-a, the board must act judicially, after a full and proper inquiry, and as the provisions of chap. 6-a with regard to appeal are illusory the need for care in this respect is all the greater. my ..... e. section wright j. in (1893) 63 1 j q b 112 (1893) 63 ljqb 112 : 42 wr 464, in re london scottish permanent building society where the learned judge said 'an application for prohibition is never too late so long as there is something left for it to operate upon.' i have no hesitation in saying that because the ..... a receiver to take charge of them. by an order of a bench of this court, dated 5th april 1934, which was passed by consent of all parties, the district judge's order refusing to recognize the petitioner was set aside and the petitioner was appointed the trustee. the order of appointment imposed inter aliea the following conditions : (1) within .....
Tag this Judgment!Court : Chennai
Reported in : AIR1940Mad370
..... consider that the legislature had here in mind acts such as the companies act, the divorce act and the succession act, which confer upon a district judge jurisdiction in specified matters. if there were a clause in the legal practitioners act which directed the district judge to hold the inquiry in a case like the present one he ..... would remain. the only argument which calls for serious consideration is the argument that section 3a, madras civil courts act, gave the district judge power to direct the additional district judge to conduct the inquiry. that section reads as follows:when in the opinion of the high court, the state of business pending before ..... professional misconduct. the court considered that the charges made called for inquiry and passed an order directing the district judge of coimbatore to hold the inquiry, the case falling within section 13, legal practitioners' act. when the matter came before the district judge the petitioner filed a statement in which he said that he was .....
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