Judgment Search Results Home > Cases Phrase: judges inquiry act 1968 preamble 1 judges inquiry act 1968 Sorted by: recent Court: privy council Year: 1937 Page 1 of about 39 results (0.036 seconds)

Shri Kamala Vahuji Maharaj Vs. the Collector of Bombay

Court : Mumbai

Reported in : (1937)39BOMLR1046

..... , the entry against it in the tenure column is 'o' it further appears that the question of the assessibility of the property was raised in 1913 when, after inquiry, the department minuted in the following year that ' the land cannot be assessed since it is held without assessment for more than sixty years under g.r. no. ..... judgment for the plaintiff and granted her a declaration as craved. on august 2, 1933, the high court of judicature at bombay reversed the decree of the revenue judge and dismissed the suit. hence the present appeal.3. the only question before their lordships is whether the appellant is entitled to total exemption from assessment to land revenue ..... 26, 1926, the collector of bombay addressed to the appellant a notification that the government had been pleased to sanction, under section 8 of the bombay city land revenue act of 1876, the assessment of certain property in bombay belonging to her described as 'land at bora bazar street, bearing n.s. [new survey] no- 8841 and .....

Goswamini Shri Kamala Vahooji Maharaj of Kutch Mandvi, Vs. Collector o ...

Court : Privy Council

..... the entry against it in the tenure column is "o." it further appears that the question of the assessibility of the property was raised in 1913 when, after inquiry, the department minuted in the following year that the land cannot be assessed since it is held without assessment for more than 60 years under g. r. no. ..... judgment for the plaintiff and granted her a declaration as craved. on 3rd august 1933, the high court of judicature at bombay reversed the decree of the revenue judge and dismissed the suit. hence the present appeal. the only question before their lordships is whether the appellant is entitled to total exemption from assessment to land ..... on 26th october 1926, the collector of bombay addressed to the appellant a notification that the government had been pleased to sanction, under s. 8, bombay city land revenue act of 1876, the assessment of certain property in bombay belonging to her described as "land at bora bazar street, bearing n. s. [new survey] no. 8841 and c .....

Dacca Co-operative Industrial Union Ltd. Vs. Dacca Co-operative Sankhy ...

Court : Kolkata

Reported in : AIR1938Cal327

..... and decree of the subordinate judge of the same place were affirmed. the appellant was the defendant in the suit which was instituted by eight co-operative societies called the dacca co-operative sankhya silpa societies nos. 1 to 8. both the appellant and the respondents are societies registered under the co-operative societies act of 1912 and have ..... these matters carry us to section 28. sections 29 to 34 deal with the property and funds of registered societies, and sections 36 to 38 with inspection of and inquiries relating to the affairs of a registered society. the matter of dissolution of registered societies is then taken up, and section 42 (6) provides that the civil court ..... himself cannot refer the matter to arbitration, this can be done only by the parties. secondly, it is argued that arbitration means the decision of a dispute by a judge of the parties' choice. it is said that the first part of sub-rule (2), in so far as it contemplates the decision by an arbitrator appointed by .....

R.S. Ramachandran and anr. Vs. R.G. Balasubramania Aiyar

Court : Chennai

Reported in : AIR1938Mad347; (1938)1MLJ285

..... , consisting of phillips and madhavan nair, jj., held that where a guardian has been discharged and has filed his accounts the court cannot hold an inquiry under the act into the correctness of the accounts and determine the amount or the property in respect of which the guardian is accountable. the correctness of this decision ..... can be brought against him it should exercise the power which it has of discharging the guardian. in this case the learned district judge has come to the conclusion that the respondent acted properly and has granted him discharge. consequently the order is not open to question in revision proceedings.8. the two petitions before ..... appointment ceased on the first petitioner attaining majority in december, 1931. on this event happening, the respondent filed a petition in the court of the district judge of tinnevelly asking that he be discharged from his guardianship. thereupon the petitioners filed two counter-petitions. in one they asked the court to assign the bond .....

Dahyabhai Lallubhai Shah Vs. Chamanlal Mahasukhram

Court : Mumbai

Reported in : AIR1938Bom341; (1938)40BOMLR418

..... plaintiff and sankalchand were shown as owners of their respective portions of the house in the municipal house register. they paid taxes separately. when the city, survey inquiry in ahmedabad took place in about 1922, they obtained separate sanads. this is a very important piece of evidence since plaintiff admits that he and sankalchand went ..... on separate business also from the time of lallubhai's death if not before. there are other items of evidence indicating partition between the brothers which the trial judge has referred to, and it is sufficiently clear, we think, that the finding that plaintiff and sankalchand were not joint as alleged by plaintiff but separate ..... plaintiff as the nearest heir would be entitled to the whole estate. he might therefore have sued for possession of it and section 42 of the specific relief act would prohibit the grant of a bare declaration.7. as regards the objection to the charitable bequests the case presents more difficulty. there is a bequest of .....

Emperor Vs. Bhatu Sadu Mali

Court : Mumbai

Reported in : AIR1938Bom225; (1938)40BOMLR297

..... in or in relation to a proceeding in that court, such court may, after such preliminary inquiry, if any, as it thinks necessary, record a finding to that effect and make a complaint thereof in writing.the learned subordinate judge acted under that section and made a complaint in writing. it seems clear that if that section ..... stood alone there could be no appeal from the directions of the subordinate judge because no order is made ; the judge merely records a finding and lodges a complaint, which is an administrative act. however a right of appeal is expressly given by section 476b. that section provides that-any person on ..... record and proceedings of the case before the assistant judge, because the assistant judge was exercising a jurisdiction concurrent with that of the sessions judge in a case transferred to him, under section 17 of the bombay civil courts act, 1869. it is clear, however, that the sessions judge if he thinks that injustice has been committed by .....

Govind Gurunath Naik Vs. Deekappa Mallappa Hubball

Court : Mumbai

Reported in : AIR1938Bom388; (1938)40BOMLR539

..... the necessities for the loan and to satisfy himself as a reasonable person that the manager in the particular instance is acting for the benefit of the estate or the family, makes such an inquiry and acts honestly, the real existence of an alleged sufficient and reasonably-credited necessity is not a condition precedent to the validity of ..... to raise that contention as defendants nos. 1 and 2 had admitted, or at any rate not disputed, the existence of a justifying necessity, but the learned judge overruled that contention, though on the merits he found in the plaintiff's favour. the evidence in the case shows that kenchangouda was carrying on business and he ..... ; the mortgage did not affect the interest of the minor son of kenchangouda as there was no justifying necessity for the same. the learned first class subordinate judge on the evidence held that the mortgage effected by kenchangouda in favour of the plaintiff was a valid mortgage and the moneys were required for legal necessity and .....

P.D. Shamdasani Vs. the Central Bank of India Ltd.

Court : Mumbai

Reported in : AIR1938Bom199; (1938)40BOMLR238

..... before us, taking a similar view on a similar set of facts, i ask myself whether it is open to this court sitting in appeal to say that those learned judges acted capriciously or in disregard of some legal principle and to interfere with the exercise of the discretion ?7. the case of oriental finance corp. v. mercantile credit &c.; corp. (1866 ..... , as he was bound to do, appears to me to be irrelevant as to his failure to attend on february 11.4. the learned judge goes on to state in his judgment that mr. shamdasani made inquiries on the afternoon of the 10th as to whether his case would be likely to be reached the next day, and according to mr. shamdasani ..... failure to attend the court on the following morning, and inasmuch as it is well-known to be the duty of persons whose cases are in the list to make inquiries whether they are in the list on the following day, i cannot accede to the proposition that if a man fails to ascertain for himself whether his case is in .....

T. Nannu Shankar Tawker Vs. P.S. Bashyam Aiyangar and ors.

Court : Chennai

Reported in : (1938)2MLJ256

..... .4. the more important question is whether the first and the second respondents have discharged the burden imposed upon them of showing that their father did make inquiries before lending the money and was satisfied that there was necessity for the loan. the learned advocate for these respondents would have it that it is not ..... must be considered on its merits, and the fact that other people have not hesitated to raise false pleas cannot be taken into account here. the learned trial judge, having heard the appellant's witnesses, refused to believe their testimony on this point, and the learned advocate for the first and the second respondents has shown ..... on the management, the means of controlling and rightly directing the actual application. their lordships do not think that a bona fide creditor should suffer when he has acted honestly and with due caution, but is himself deceived.5. these remarks were emphasised by their lordships in sri thakur ramkrishna muraji v. ratan chand (1931) 61 .....

Balaramcharya Swamiracharya Rajpurohit Vs. Chidambaragauda Ramchandrag ...

Court : Mumbai

Reported in : AIR1938Bom320; (1938)40BOMLR416

..... was a valid order made under order xx, rule 12, and as the high court has directed the subordinate judge to deal with this inquiry in execution, and to treat the ascertainment of these mesne profits as being a question arising in execution, i must ..... not by separate suit (namely) :-(a) questions regarding the amount of any mesne profits as to which the decree has directed inquiry ;(b) questions regarding the amount of any mesne profits or interest which the decree has made payable in respect of the subject- ..... that appeal it is argued for the appellant that the case falls under the second schedule, item 11, of the court-fees act, which provides that the court-fee on a ' memorandum of appeal when the appeal is not from a decree or an order ..... me by the taxing officer under section 5 of the court-fees act, 1870, and the difficulty arises in this way. in a suit before the first class subordinate judge of dharwar the learned judge directed that the plaintiffs do recover mesne profits from the date .....