Court : Kolkata
Reported in : AIR1942Cal180
..... aqd, contract, here covers declarations (iqaa, unilateral dispositions).' but in thus extending the ordinary technical meaning of the word aqd (which means contract needing offer and acceptance), the learned author is anxious to explain that the extended meaning applies only to certain classes of wakf, and after dealing with the various opinions upon the subjeot, arrives at the conclusion that acceptance may be dispensed with in cases where such acceptance is impossible, ..... wakf as mutwalli's salary, the amount must not be in excess of that reserved for mutwallis generally.secondly-there is in the present ease no substantial concurrent dedication to charity, and therefore to save the wakf from being wholly defeated the provisions of the mus-salman wakf validating act, 1913, have to be called in aid.thirdly-in so far as the reserve fund provided for in the wakfnama would have the effect of holding back certain property from ..... had a small political pension and even according to the case of mamuda bibi she was in a state of perpetual indebtedness and want ..... qadar mirza mohammad abed ali bahadur, hereafter called the prince, a muslim governed by the shia law died on 3lst january 1919 leaving him surviving his wife shah banu amir begum, a son mirza mohammad syed ali and a daughter, nawab zinat ara zinab begum alias juhi begum as his heirs. ..... comprised twenty eight items of immovable property in the suburbs of calcutta but mostly within the local limits of the calcutta municipal corporation. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1941Cal582
..... is in the following terms:subject to the provisions contained in this act the high courts and district courts shall in all suits and proceedings hereunder, act and give relief on principles and rules, which in the opinion of the said courts, are as nearly as may be conformable to the principles and rules on which the court for divorce and matrimonial causes in england for the time being acts and gives relief:provided that nothing in this section shall deprive the said courts of jurisdiction ..... jessie grant khambata ('35) 22 air 1935 bom 5 as follows:certain principles of law relevant to the determination of this question are, in my opinion, firmly established in the realm of private international law: (1) the forms necessary to constitute a valid marriage and the construction of the marriage contract depend on the lex loci contractus, that is, the law of the place where the marriage ceremony is performed; (2) on marriage the wife automatically acquires the domicile of her husband; (3) the ..... the controversy was finally set at rest by the amendment in 1926 of the divorce act of 1869, which provided in section 2, as amended, that:nothing hereinafter contained shall authorize' any court to grant any relief under this act except where the petitioner or respondent profess the christian religion.or to make decrees of dissolution of a marriage except where the parties to the marriage are domiciled in india at the time when the petition is presented.8. ..... . ruri ('19) 6 air 1919 lah 389 .....
Tag this Judgment!Court : Kolkata
Reported in : [1937]5ITR216(Cal)
..... sub-section (1) of which says : 'the tax shall be payable by an assessee under the head salaries in respect of any salary or wages, any annuity, pension or gratuity, and any fee, commissions perquisites or profits received by him in lieu of, or in addition to, any salary or wages, when are paid by or on behalf of government, a local authority, a company, or any other public body or association, or by or on behalf of any private employee. ..... it is difficult to say that this distinction has been throughout maintained in the act and perhaps the two words seem to denote the same idea or ideas very similar, and the difference only lies in this that one is more appropriate than the other when applied to particular cases. ..... at page 467 the learned judge said : 'in section 4(1) of the indian income-tax act of 1922 the words accruing or arising are found in juxtaposition to the words or received. ..... in that case the assessee had acted as the secretaries, treasurer and agents of a mill company registered at indore, that is to say, outside british india. ..... justice mukherjee at page 29 where he said : 'the policy of the act is to make the amount taxable when it is paid or received either actually or constructively. ..... 66(2) of the income tax act is with regard to the above order which the assistant commissioner passed december 16, 1935, and the appeal petition on which he passed that order was properly stamped and duly verified. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1937Cal127
..... 53, clause (5), sub-section (a)(iii), expressly lays down that the district fund shall be applicable to the performance of duties imposed and the exercise of powers conferred by the act' and sub-section (d) of the same clause authorizes payments of any sum to a local board or to a union board constituted under the bengal village self-government act, 1919. ..... james, that the doctrine ought to be reasonably and not unreasonably understood and applied and that whatever may fairly be regarded as incidental to or consequent upon those things which the legislature has authorized, ought not (unless expressly prohibited) to be held by judicial construction to be ultra ..... (1925) ac 691 where the defendant company, who were authorized to convert and deal with residuals arising from gas working, were held entitled to provide the proper ..... was necessary in the opinion of the district board in view of an anti-union propaganda started at bandabila and other places, and the plaintiff's case was that the district board had absolutely no authority to spend any money for this purpose. ..... for purposes of a propaganda work to be carried on for the welfare of union committees, wherever necessary, the chairman being authorized to spend the money by appointing workers or in such other way as he deemed proper. ..... the last named case, a corporation constituted by act of parliament which had power to levy rates and employ labour, was held authorized to make regulations enabling it to provide pensions, annuities, etc. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1936Cal106
..... is pointed out in this last mentioned case that the true rule which is deducible from these authorities is that there can be no adverse possession by one cosharer as against others until there is ouster or exclusion and that the possession of a cosharer becomes adverse to another cosharer from the moment when there ..... but where the claimant, tenant in common, has not been in the participation of the rents and profits for a considerable length of time, and other circumstances concur, the judge will direct the jury to take into consideration whether they will presume that, there has been an ouster, and, if the jury find an ouster, then the right of the lessor of the plaintiff to an undivided share will be decided exactly in the same way ..... mallika sundari, who is in the line of guru das being the wife of durga das's son ashutosh, who has been described as pro forma defendant 10, has not joined as plaintiff and it is said that the present suit by some of the shebaits, who have been arranged in the category of plaintiff, is not maintainable. ..... it does appear from these proceedings that the properties now in dispute were excluded from the suit for partition and that for a very good reason, for it appears that whatever the nature of the debuttar properties were, whether they were absolute debuttar or secular properties charged with ..... doubt the case of the plaintiff that drabamoyee did not share in the worship and did not act as sebait so long as she was alive after the death of her son ..... 1919 .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1934Cal571,150Ind.Cas.1019
..... is that the notice that will be stuck up in the cutchery of the collector, like the petition, must contain specification of the balances that may be due to the zamindar concerned from all the putnidars under him and that a copy or extract of such part of the notice as may apply to an individual defaulter shall be sent by the zamindar to be similarly, published at the the cutchery or at the principal town or village upon the ..... putnidars fall under two broad heads: (1) the sale is void as on a proper construction of the putni kabuliyat which regulates the rights of the zamindar and tenant, the tenure in question is not a putni tenure at all and the provisions of the regulation 8 of 1819 are not attracted to it, and the summary sale by the zamindar cannot be sustained; (2) assuming the tenure was a putni tenure there has been non-compliance with the provisions of the ..... and 93:there is no case or dictum to be found which requires the court to adopt the technical sense in opposition to the actual meaning of the party: on the contrary, the authorities uniformly demand the preference to be given to intent, over technical import and form ..... attorney.general of the east african protectorate (1919) ac 533, which was cited at ..... the mehal in darputni settlement to anybody else then that darputnidar shall act according to the terms and conditions of this kabuliyat given by us. ..... we and our heirs shall act according ..... air 1920 cal 594, sir ashutosh mookerjee, acting chief justice, fletcher, j. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1934Cal580,150Ind.Cas.561
..... . by section 12, amendment act the local government may authorize any class of officers of the excise, police or customs department to investigate offences and to grant bail to persons as arrested ..... emperor (2)aie 1919 cal 696 which is authority for the proposition that abkari peons and officers are not to be considered as police officers for the purpose of section 25, evidence act.32. ..... emperor aie 1919 cal 696, which was a case under section 9, opium, act of 1878, in fact a case very similar to the one out of which this reference arises and there it was held by sir lancelot sanderson, the then chief justice of this court, that certain statements could not be rejected under section 25, evidence act, for it could not be said that the excise officers engaged in the matter were police officers.31. ..... emperor aie 1919 cal 696, which also was a case under section 9, opium act (l of 1878), a confession made by the accused to an inspector of excise was sought to be ruled out on the ground that excise officers were in reality police officers, though not called as such ; but the contention was overruled, it being ..... emperor aie 1919 cal 696 and harbhanjan v. ..... . emperor aie 1919 cal 696; harbhanjan sao v ..... . emperor aie 1919 cal 696, haribhanjan sao v ..... emperor aie 1919 cal 696. ..... emperor aie 1919 cal 696. ..... emperor aie 1919 cal 696 was followed two years later in the case of budhu v. ..... emperor aie 1919 cal 696 was followed. ..... emperor aie 1919 cal 696. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1934Cal87,150Ind.Cas.398
..... 468, speaking of a hindu widow, who was executrix under the will, of her husband executed prior to the hindu wills act, and dealing with section 10, lim act of 1871, observed:possibly, as this is an act which contains the law of limitation for all classes of persons, the word vest may be used when speaking of a person standing in a fiduciary relation, not in the sense of 'owned,' but in the sense of 'held in ..... while transfer of proprietary rights is not intended, mere transference of management or control is not enough to satisfy the requirements of 'vesting' as contemplated by section 10; a right to call for a transfer and to possess the property for the purposes of the trust and also a power to dispose of it according to the terms of the trust without reference to the owner are the essentials that constitute the 'vesting.'13. ..... he defines trust asan equitable obligation to deal with property in a particular way....a trust is really nothing except a confidence reposed by one person in another, and enforceable in a court of equity.godfrey says:a trustee then is he, who, while holding-legal ownership or possession of, or dominion-over, the subject of the trust, is bound to allow beneficial enjoyment or usufruct of the property to be reaped by ..... in our opinion, would satisfy the requirements of a deposit, for it was not open to gobendra to destroy the securities, but only, if need be, to be substituted by such fresh securities as the authorities might choose to issue. ..... air 1919 all .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1934Cal348,150Ind.Cas.124
..... now the charge of payments to syed ashrafuddin, as pension and bonus, it appears that these payments were being made in accordance with the terms of a registered indenture made between the members of the committee and syed ashrafuddin on 25th august 1916, by which a ..... purposes not specifically mentioned in the deed of endowment, or not provided for by the government in the matter of distribution of funds, the payments out of the kharij towliat fund could be said to be an act of diversion of funds by the committee, seeing that payments were being made on account of a settlement of dispute with a person who was asserting his right to be a mutawalli of the imambarah with the power ..... out of which this appeal has arisen alleged that the procedure adopted by the members of the committee after the dismissal of syed altaf hossein was unjustified; and it led to a dead look and the mohurrum ceremony which was the principal function for which the imambarah was founded, could not have been performed in the year 1926 had not syed altaf ..... how it could be said that the exercise of the statutory authority vested in the committee was exceeded in the absence of any ..... in the year 1919 ; defendants 4 and 5 were elected members of the committee in the year 1925, but their election was contested before the civil court, and were held ..... served for a long time, and the conveyance allowance was allowed when the office of the committee was removed to a place far away from the locality in which the man resided. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1935Cal39
..... 1853) 22 lj qb 448, in which it was laid down, a principle which has never been disputed, that where an executor de son tort really acts in the character of executor and out of the assets in his hands makes a payment in satisfaction of a debt from the deceased, to a person who at the time might reasonably suppose that he had authority to act as executor, such payment is valid and binding upon the person 'who afterwards becomes the rightful administrator ..... . soon after the institution of the suit, that is to say, on 28th october 1919, the defendant was, at the plaintiffs' instance, prohibited by an ad interim injunction from transferring any part of the ..... in different instalments between 15th july 1919, and 22nd july 1926; 3. ..... different instalments between 9th may 1919, and 21st july 1921; 2. ..... . neither the interim injunction of 28th october 1919, nor the consent order of 28th january 1920, nor the appointment of a receiver on 22nd december 1927, could have prevented the defendant, if he was so minded, from obtaining an order for dealing with his ..... . on 24th april 1919, the amount due on raja durgaprasad's account was far less than the five lakhs and ten thousand, which was the total amount which had, by that date ..... . it is said that the end of 1919 or the beginning of 1920 was the first point of time from which there should have been a ..... from that the position is the following: after the institution of the suit the plaintiffs on 11th september 1919, applied for a receiver .....
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