Court : Rajasthan
Decided on : Mar-11-1960
Reported in : AIR1960Raj313
..... , and, therefore, they proceeded to hold that the benefit to the family may under certain circumstances mean a necessity for the alienation. one of the learned judges shah j. observed however that the expression 'kutumbharthe' used in the mitakshara must be interpreted with due regard to the conditions of modern life.11. there is ..... next to the ground that certain legislation had come into force in the shape of the rajasthan (protection of tenants) ordinance and the rajasthan produce rents regulating act, and, therefore, daulatram had become apprehensive of his rights with respect to the land in question and thought that he might altogether lose it or his ..... the circumstances, he is bound to see to the application of the money ..... their lordships do not think that a bonafide creditor should suffer when he has acted honestly and with due caution, but is himself deceived'.8. the above case, among others, was considered by their lordships of the privy council in palaniappa chetty .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-09-1960
Reported in : AIR1960SC808; [1960]3SCR221
..... as claimed by him in the petition. 2. it appears that the respondent had filed a suit against the petitioner in the court of the first class sub judge at dharwar (civil suit no. 18 of 1934) and in the said suit he had claimed partition and possession of the properties as an adopted son of ..... the execution proceedings the petitioner applied for the grant of the prescribed certificate under s. 10 of the act, and a certificate was accordingly issued by the collector addressed to the civil judge, senior division, dharwar. thereupon the said court acted upon the certificate and cancelled the execution process which had been issued against the patilki - assigned property of ..... course the respondent filed an execution application darkhast no. 41 of 1950, in the court of the subordinate judge at dharwar. the petitioner then contended that the 11 lands in question were governed by the provisions of the act, they were assigned as remuneration to the office of the patil, and as such they could not be .....
Tag this Judgment!Court : Chennai
Decided on : Mar-09-1960
Reported in : AIR1960Mad394; (1960)2MLJ89
..... no. 1289 of 1959 in o. p. no. 67 of 1953 on the file of the learned district judge of coimbatore, the present appellant (the property guardian of a minor sought, under s. 29 of the guardians and wards act (viii of 1890), for permission to sell 55 standard acres of lands belonging to the minor. the legal ..... proceedings, were actually engaged in reducing the sizes of their estates by sales, in conformity with the anticipated law.(4) in a brief order, the learned district judge dismissed this application. he gave two grounds therefor. the first was that 'nothing definite is known about the anticipated legislation.' the second was that the avowed object ..... a proposal.' the petition was dismissed with these observations.(5) i think that very little discussion is needed to show that the reasoning of the learned district judge is fallacious and that both grounds given by him for refusal of the permission are unsustainable. firstly, it appears to be indisputable that this legislation is impending .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Mar-08-1960
Reported in : AIR1961MP37; 1961CriLJ266
..... section 432, cr. p. c., to the high court, because the scheme is not 'an act, ordinance or regulation'.4. the application in revision filed before the learned addl. sessions judge, ujjain, from this order, could have been treated as one for further inquiry; but he held that the city magistrate, ujjain should have made a reference to the high ..... court under section 432, cr. p. c.; as he failed to do so, the learned addl. sessions judge has himself done so. 5. the questions before us are, firstly, whether the ..... contumacious conduct of the wrong-doer while the realisation is by way of collecting the dues. 18. in the result, the reference by the learned addl. sessions judge is disposed of with a direction that the learned magistrate should hold further enquiry into the subject-matter of the complaints in view of the prima facie case made .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-08-1960
Reported in : AIR1961Bom89; (1960)62BOMLR622; ILR1960Bom651
..... is required to form an opinion with regard to this objective fact as a preliminary step to the exercise of its power to issue a direction dropping the inquiry under section 5-a. the government must form the necessary opinion with regard to this objective fact on considerations of reasons which are relevant to its determination. if ..... the lands in the present case are waste or amble. mr. nanavati has argued that before the government issues a direction under section 17(4) dropping the inquiry under section 5-a it must form an opinion that the case of the proposed acquisition is one to which the provisions of section 17(1) are applicable. ..... act, there is a notification in the first place under section 4 notifying that certain lands are required for a public purpose. after this notification is issued there is an enquiry under section 5- in which persons interested in the lands proposed to be acquired are given an opportunity to object to the proposed acquisition. after a report of the inquiry .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-08-1960
Reported in : AIR1961AP105; 1961CriLJ356
..... 493 cr. p. c. the public prosecutor may appear and plead without any written authority before any court in which any case of which he has charge is under inquiry, trial or appeal. if, therefore, the cr. p. c. does not require a public prosecutor to file any memo of appearance, the mere filing of such a ..... itself dictate him to reject the proffered brief for the other side. the question of propriety cannot depend upon the confidential communication; he is the best person to judge in what circumstances he should appear against the accused and in doing so, always he must interpret any particular situation against himself and against his interests for the ..... before concluding, their lordships must express their complete assent to the observations of the learned judges of the high court on the impropriety of a legal practitioner who has acted for one party in a dispute, such as there was in this case, acting for the other party in subsequent litigation between them relating to or arising out of .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Mar-08-1960
Reported in : (1960)IILLJ664MP
..... the realization is by way of collecting the dues.18. in the result, the reference by the learned additional sessions judge is disposed of with a direction that the learned magistrate should hold further inquiry into the subject-matter of the complaints in view of the prima facie case made out under section 406. indian ..... section 432, criminal procedure code, to the high court, because the scheme is not 'an act, ordinance or regulation.'4. the application in revision filed before the learned additional sessions judge, ujjain, from his order, could have been treated as one for further inquiry; but he held that the city magistrate, ujjain, should have made a reference to ..... the high court under section 432, criminal procedure code. as he failed to do so, the learned additional sessions judge has himself done be.5. the questions before us are, firstly, .....
Tag this Judgment!Court : Chennai
Decided on : Mar-08-1960
Reported in : AIR1961Mad79; [1960]40ITR118(Mad); (1960)2MLJ282
..... where no such agreement can be reached, the central government shall appoint as arbitrator a person qualified under sub-section (3) of section 220 of the above mentioned act for appointment as a judge of a high court...... (c) the arbitrator in making his award shall have regard to --(i) the provisions of sub-section (1) of section 23 of ..... dispute as to the amount of compensation payable, the matter was referred for adjudication by an arbitrator under section 19(1)(b) of the defence of india act, 1939. the arbitrator (the district judge of north arcot) made an award, holding that the assessee should be paid a sum of rs. 63,249-12-0 as compensation. there was an ..... the land acquisition act, 1894, so far as the same can be made applicable; and (ii) whether the acquisition is of a permanent or temporary character.' 5. under section .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-08-1960
Reported in : (1960)62BOMLR785
..... the end of september 1958 and passed a decree in favour of the plaintiff for rs. 150 on account of arrears of rent and permitted increases and directed an inquiry into future mesne profits under order xx, rule 12(1)(c), of the civil procedure code. it is against this decree that the present revision application has been filed.5 ..... . mr. kotwal, learned advocate appearing on behalf of the petitioner, has contended that the learned appellate judge has approached the question of the bona fide requirement of the plaintiff from a wrong point of view. it has to be mentioned that in the trial court evidence ..... was placed on the statute-book. on the strength of this rent act, the tenant applied for suspension of the decree and he secured the suspension for a period of ten months. when that period expired, the landlord applied to execute the decree, but the trial judge ordered the execution of the decree to be stayed sine, die, .....
Tag this Judgment!Court : Kerala
Decided on : Mar-07-1960
Reported in : AIR1960Ker335; 1960CriLJ1455
..... this petition seeks to vacate the conviction and sentence under section 167 (81) of the sea customs act, which the district magistrate, ernakulam, had passed against the accused, and which has with slight modification been sustained by the sessions judge. the petitioner and his wife were travelling from colombo by the italian steamer 'm. v. australia,' ..... , and under section 167 (81) of the sea customs act. the district magistrate, before whom the petitioner was proceeded against, convicted and sentenced him to six months under section 167 (81) besides ordering confiscation of the currency and the car. the sessions judge has sustained the conviction, but has modified the sentence of ..... that he did not know of their presence, for instance, by showing that someone had 'dumped' them therewithout his knowledge or privity...-.....'19. the learned judge then states as to what would constitute the intent to defraud :'another ingredient of the offence is the intent to defraud, and of this the jury .....
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