Court : Mumbai
Reported in : (1889)ILR13Bom203
..... of 1862, such a partition could be made. in a previous case, veribhai v. raghabhai i.l.r. 1 bom. 225 the same judges had held that there was nothing in the act which debarred a civil court from making a decree for the partition of narvadari land among narvadars. in second appeal no. 519 of 1882, the purchaser of an ..... to the provisions of section 3, which relates to private alienations of shares, and provides that whenever the collect or other chief revenue officer of the district finds, upon duel inquiry, that any person is in possession of any portion of any hag, &c;, other than a recognized sub-division, it shall be lawful for him to summarily remove such ..... her now to amend her plaint and ask for joint possession, even if it were open to us to permit such a course. we confirm the decree of the assistant judge with costs.parsons, j.,6. this appeal and appeals nos. 145 and 146 may be considered together. the facts are undisputed. four brothers--adam, baji, asmal, and hasan--were .....
Tag this Judgment!Court : Kolkata
Reported in : (1885)ILR12Cal279
..... the event.beverley, j. 21. (after stating the facts and proceedings in the lower courts continued) :in second appeal it is contended before us, (l) that the judge has put a wrong construction on act xxiii of 1863, and (2) that the southern boundary of the plaintiff's land being stated to be bagmara cheg, the plaintiff was not entitled to recover ..... of sale pending the inquiry; section 4 for an absolute stay if the collector finds the claim or objection well founded. by section 5, if the collector's decision is adverse to the claimant ..... period mentioned in the advertisement to be issued for the sale or other disposition of such land, which period shall be not less than three months, proceed to make an inquiry into the claim or objection; section 2 provides, for the procedure to be observed by the collector and the order to be made by him; section 3 for stay .....
Tag this Judgment!Court : Chennai
Reported in : (1882)ILR5Mad76
..... other measures are inefficacious to liquidate the arrear.25. the 49th section authorizes any person deeming himself aggrieved by any proceedings taken under colour of the act to seek redress by summary suit for damages.26. the 79th section authorizes landholders without qualification to delegate to their agents or assignees all the powers ..... complaint was made was to be arrested and brought before the judge, who was directed to hold a summary [82] inquiry into the merits or refer the case to the collector for adjustment. if, from his own inquiry or the report of the collector, the judge found the arrear claimed or a considerable portion thereof due, ..... 1. doubts having been felt whether mortgagees in possession of agricultural estates enjoy the privileges and are subject to the obligations of landlords under the rent recovery act, the cases before us were referred to a full bench for decision.2. a review of the legislation respecting landlords and tenants of agricultural holdings discloses .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1950Bom307; (1950)52BOMLR394
..... would be considerably damaged if any such allegation was allowed to be made on the record of these proceedings. it was, therefore, that i disallowed this inquiry at the instance of counsel for the respondent. whether the alleged marriage between the petitioner and the respondent was consummated or not made not the slightest difference to ..... for the application of the maxim. it would, therefore, be necessary to consider whether the provisions which are contained in section 2, special marriage act, are directory in their nature or mandatory. the learned judges who constituted the special bench in ganeshprasad's case i.l.r. (1946) nag. 1 : a. i. r 1946 nag. 60 ..... respondent to make an assertion that he had duly consummated the marriage with the petitioner. i disallowed any inquiry on this point for the simple reason that the allegation was absolutely irrelevant for the purpose of this inquiry, and if the question was allowed, it would have resulted in damaging the prospects of the petitioner in .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1950P& H53; 1950CriLJ480
..... that a party not in custody shall be admitted to bail surrendering to a warrant.38. under the rules made in england the court of appeal or a judge thereof acting as such can admit to bail a person who appeals, and after such an order has been passed the registrar notifies to the appellant and the governor of ..... grounds for believing that the accused per- the accused person shall be released son has committed a non-bailable offence but there are sufficient on bail. grounds for further inquiry into his guilt.17. the above analysis covers the oase of all accused persons before they are brought to trial or convicted. the case of convicted persona is ..... that the person has been guilty of an offence punishable with death or transportation for life. lastly, if during the in-vestigation of a case or during the inquiry or trial it appears that there are not reasonable grounds for believing that the accused person has committed a non.bailable offence, but that there are sufficient grounds for .....
Tag this Judgment!Court : Privy Council
Reported in : AIR1949PC319
..... only entitled to house sites at ammapet. this report the district officer did not consider sufficient and he directed the assistant panchayat officer to make a full inquiry and ascertain at whose instance the changes in the assessment register had been made, and whether they were genuine. the assistant panchayat officer then took statements from ..... 1st april 1935, that is before the commencement of the relevant period. at the trial, as noted by the judge, the defendants produced a certificate (ex. 5 a) given under s. 27 of the act, signed by the president of the panchayat of ammapet stating that appellant 1 had not been assessed to house tax ..... to another creditor of the appellants in may 1938; that creditor challenged the correctness of the certificate, and an inquiry was ordered by the district panchayat officer, west tanjore. the assistant panchayat officer made an inquiry and on 8th july 1938, reported to the district officer that certain numbers originally stood in the name of appellant .....
Tag this Judgment!Court : Privy Council
Reported in : AIR1949PC313
..... contrary to natural justice for the reasons that the appellants adjudged the respondent by a rule or principle which precluded them from making a proper inquiry. [7] the learned judge held that the respondent's claim for an injunction could not be maintained, and that the court could not interfere with the appellants' orders ..... tommy boy" contained evidence of the presence of heroin. on 25th, 27th and 29th april 1944, the appellants, acting as stewards of the trinidad turf club, held an inquiry into this matter. the respondent attended the inquiry and was represented by solicitor and counsel. at the hearing the respondent was given a full opportunity to cross- ..... include the committees or the councils or the members of trade unions, of members' clubs, and of professional bodies established by statute or royal charter while acting in a quasi-judicial capacity-is clearly of a limited nature. parenthetically i may observe that i am not confident that precisely the same principles will .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1950HP15
..... the plaintiff was 22nd april 1920.'12. the judgment of shri chet bam, the learned judge, meant that the limitation expired before the punjab limitation (custom) act ever came into existence. or in other words, the right to sue vanished before the act came into existence or was applied to bashahr state. it was not till 1945 that the ..... determined. they are nothing of the kind, as has been pointed out times innumerable by the judicial committee. they are much more in the nature of fiscal inquiries instituted in the interest of the state for the purpose of ascertaining which of the several claimants for the occupation of certain denominations of immovable property may be put ..... council were disinclined to press the structure of the pleading too strictly if fair notice of the plaintiffs' case had been given and an issue had been joined on an inquiry but faintly adumbrated. again, in ghanendra roy v. praful kumar, a. i. r. (11) 1924 p. c. 200, (sic), their lordships observed,'where in the trial .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1950All11
..... 15th august 1947, in the two newly created states. most of these orders were made before 15th august 1947.7. it seems to me that in judging the various provisions of the independence act, this background must be kept in view. the provisions have, no doubt, to be construed according to the well-established canons of interpretation. in the ..... this is an application under section 491, criminal p. c., praying that this court may be pleased to order the applicant's production in this court and after such inquiry as may be necessary, set him at liberty.15. the applicant is the ex-maharaja of rewa state which was before 15th august 1947 an indian state in the ..... him from doing something which is dangerous to the community or which might occasion serious breaches of public tranquillity.66. the proposition that the executive is the sole judge of what is needed by way of prevention in any particular situation or not; that into the sufficiency or otherwise of the reasons for detention the court cannot .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1950Cal36
..... without a sufficient water-closet,'the court observed :'the words 'appear to such authority' are obviously put in for the purpose of making the local authority the judges on the question whether the house is without a sufficient water-closet.'it is sufficient to observe that it was not merely on the expression 'appear to such ..... magistrate has to discharge duties which are at times judicial and at other ministerial or administrative. on certain occasions and under special statutory provisions, a magistrate or a judge may be vested with jurisdiction not as court but as persona designata. it is, therefore, necessary to determine whether the order passed by the magistrate under section ..... notice on the owner or occupier of the building of being heard in the court, and hold such inquiry as he thinks fit to make.80. a comparison of these provisions with those of section 421 of the act brings home forcibly the deliberate care with which the legislature omitted from section 421 the requirement of the .....
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