Court : Punjab and Haryana
Decided on : Aug-23-1960
Reported in : AIR1961P& H45
..... the donees are three daughters of the deceased banta singh and they are all married, the fifth degree collaterals have been relegated by section 8 of the hindu succession act to a very subordinate position in the line of the heirs. their chances of succession arc extremely remote. though in theory the institution of the suit bv a ..... in the second case a widow, inheriting her husband's landed oroperty, had gifted the land to her daughter before the hindu succession act. this gift was challenged in a suit preferred ..... an alienation effected, prior to the enforcement of tie act by an intervening female heir, who at the time of the alienation held only a widow's estate? the question was answered in the affirmative by all the three hon'ble judges constituting the bench. this question arose in two cases which had been referred to the full bench. .....
Tag this Judgment!Court : Kerala
Decided on : Mar-15-1960
Reported in : AIR1961Ker36; [1960]11STC747(Ker)
..... contain any such inhibition. on the other hand, there are provisions in part xii of the constitution, which clearly recognise the existence of such powers'.the same learned judge later observed :'but a right to carry on business is a fundamental right protected by the constitution, and it stands to reason that a tax on such a ..... be so burdensome to the business or trade as to render the carrying it on not worthwhile. if the sales tax act is valid notwithstanding its economic effect, it is because tax-laws are not to be judged by the standard of reasonableness set out in article 19(6)'.9. this being the position, the objections concerning the ..... , which authorised collection of tax from vehicles using the public roads in the state. the learned judges held that as no trade or commerce was sought to be taxed the act was valid. they further held that no question of the act imposing any reasonable restrictions on the freedom of trade, commerce or intercourse arose, and therefore proviso .....
Tag this Judgment!Court : Chennai
Decided on : Apr-22-1960
Reported in : AIR1961Mad114
..... was the second defendant. having regard to the reliefs claimed by the plaintiff and the decree granted by the learned trial judge, it becomes irrelevant whether the remedies under sections 6 and 7 of the copyright act are cumulative, or alternative remedies. the house of lords in caxton publishing co v. sutherland publishing co, 1939 a.c ..... plea of the appellant was based on the provisions of section 8 of the copyright act. though this section was expressly mentioned in the written statement, the learned judge, balakrishna aiyar j. found that a plea under section 8 of the copyright act was not specifically taken in the written statement. he pointed out that even no ..... specific issue was taken on the plea. the learned judge, however, was prepared to hold that the plea, .....
Tag this Judgment!Court : Chennai
Decided on : Sep-14-1960
Reported in : AIR1961Mad230
..... confined only to killing of stray dogs without owners, and that therefore the municipal council was not liable. the learned district judge was also of opinion that section 375 of the municipalities act was a bar to the maintainability of the suit. the judgment and decree of the trial court were therefore set aside and ..... is whether the municipal council can justify its action by taking shelter under section 254 of the travancore district municipalities act, 1116. before discussing the question i must say that the learned district judge was totally wrong in holding that the municipality can authorise killing of dogs in public streets without even any statutory sanction ..... appeal which was a.s. no. 171 of 1957, on the file of the district court, tirunelveli. the learned district judge held that quite apart from section 254 of the district municipalities act, the municipality had the power to direct destruction of dogs straying in public streets. he further held that the employee of the .....
Tag this Judgment!Court : Chennai
Decided on : May-04-1960
Reported in : (1960)2MLJ527
..... 25-8-0 payable in respect of the suit and the appeal.3. the matter was referred to the court under section 18(2) of the court-fees act. the learned district judge accepted the objection of the court-fee examiner, and directed the plaintiff-appellants) to pay the deficit court-fee of rs. 25-8-0. the petitioners accepted ..... would be binding upon the court which passes the order in the subsequent stages of the suit or proceeding. vide parthasarathl v. venkatadri : air1929mad121 .12. the learned district judge, has held that the finality could only affect the valuation and not the category under which a certain suit falls. reference was made to the decision is nemlchand v. ..... [1953]4scr197 , where it was held that the finality declared by section 12 of the court-fees act was limited to valuation pure and simple and not to the category under which a suit fell. the earlier order of the district judge under section 18 should be deemed to have decided, the category of the suit, its valuation and the .....
Tag this Judgment!Court : Chennai
Decided on : Apr-22-1960
Reported in : (1962)1MLJ258
..... it was the second defendant. having regard to the reliefs claimed by the plaintiff and the decree granted by the learned trial judge, it becomes irrelevant whether the remedies under sections 6 and 7 of the copyright act are cumulative, or alternative remedies. the house of lords in caxton publishing co. v. sutherland publishing co. l.r. ( ..... of the appellant was based on the provisions of section 8 of the copyright act. though this section was expressly mentioned in the written statement, the learned judge, balakrishna ayyar, j., found that a plea under section 8 of the copyright act was not specifically taken in the written statement. he pointed out that even no ..... specific issue was taken on the plea. the learned judge, however, was prepared to hold that the plea, .....
Tag this Judgment!Court : Chennai
Decided on : Sep-14-1960
Reported in : (1962)1MLJ279
..... confined only to killing of stray dogs without owners, and that therefore the municipal council was not liable. the learned district judge was also of opinion that section 375 of the municipalities act was a bar to the maintainability of the suit. the judgment and decree of the trial court were therefore set aside and ..... is whether the municipal council can justify its action by taking shelter under section 254 of the travancore district municipalities act, 1116. before discussing this question i must say that the learned district judge was totally wrong in holding that the municipality can authorise killing of dogs in public streets without even any statutory sanction ..... appeal which was a.s. no. 171 of 1957 on the file of the district court of tirunelveli. the learned district judge held that quite apart from section 254 of the district municipalities act, the municipality had the power to direct destruction of dogs straying in public streets. he further held that the employee of .....
Tag this Judgment!Court : Kolkata
Decided on : May-24-1960
Reported in : AIR1961Cal48,[1962]32CompCas246(Cal),64CWN1032
..... on the basis that this interim protection note is itselfa policy of insurance within the definition of section 2(19) of the indian stamp act. it is on that ground alone that the learned trial judge came to the con elusion that it could not come under the general exemption and came to the conclusion that the protection note was neither ..... by the plaintiff to make a claim for the loss under article 47, schedule 1, general exemption of the indian stamp act, and the suit must therefore fail. it follows that the judgment and decree of the learned trial judge are set aside and the appeal is allowed.30. we need only make a bare reference to another point which was ..... (air 1923 bom 142), was rightly or wrongly decided. the learned trial judge adopted the comments of sir dinshaw mulla at page 62 of the 5th edition of the indian stamp act to hold that that decision ignored the requirement of section 7(1) of the stamp act. that was a decision on a sea policy for which different provisions are applicable .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-30-1960
Reported in : (1960)62BOMLR383; 1960CriLJ1558
..... would cancel the warrant. otherwise it would send back the warrant for execution and take action in contempt against those responsbile for preveting its execution. the present inquiry is to determine what should be done with the warrant, which has been returned unexecuted.(5) we are inclined to accept the arguments of mr. kotwal. if ..... severe. the minimumsentences of imprisonment for certain offences. experience shows that these minimum sentences are sometimes unduly severe. the minimum sentence having been prescribed by law, the judge cannot reduce or remit it. power must also exist to avoid grave miscarriage of justice or possible errors in judicial determination, e.g., where through a mistake ..... this case, therefore, ended when the sessions judge made a reference to this court or at least when the high court delivered its judgment on the reference made to it. the accused could not thereafter be detained in a naval jail under s. 89(3) of the navy act. there is also no other provision in .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Nov-25-1960
Reported in : AIR1961P& H215
..... the guise of investigating what sort of reputation a man bears, one were to investigate whether he was thought or said to have committed specific acts, the inquiry would soon degenerate into an inquiry about what a man had actually done in his past life as ascertained by rumour and not by tact. all this is laid down in ..... he submitted an affidavit of the joint secretary in the ministry of home affairs claiming privilege for producing the document in the court. on this the additional sessions judge on 17th november, 1958, said 'i have gone through the document. the privilege is allowed.'77. the counsel for the accused has not questioned the correctness ..... the accused 'committed the basic breach of trust and was unworthy of the position he had.' the jury returned a unanimous verdict of guilty and the chief judge sentenced the appellant to one year's simple imprisonment, expressing the view that in, his opinion no grosser, more unwarranted or mischievous libel could have been published .....
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