Court : Chennai
Reported in : (1956)1MLJ119
..... khatoon i.l.r. (1940) cal. 464, it was held by a division bench of the calcutta high court that section 2 had no application to the provisions of the mussalman wakf validating act, 1913. they refused to accept the contention that that section had restored in its complete form the ..... mussalman law of wakf. the learned judges said:before the passing of the shariat act, section 37 of the bengal, agra and assam civil courts act (xii of 1887) provided for the application of mussalman law to questions of succession, inheritance, marriage and religious usage and institutions only and left .....
Tag this Judgment!Court : Chennai
Reported in : AIR1957Mad583
..... or manager; and includes within its fold a household consisting of parents, children and servants and as the case may be, lodgers or boarders. under the mussalman wakf validating act, it is intended to be used in a broad and popular sense.popularly however the term indicates persons descended from one common progenitor and having a common lineage ..... be construed in the sense of 'family as used in section 3(a) of the mussalman wakf validating act, 1913,. which was intended to be used in a very large and extensive sense. the policy of that act was to validate the creation of a wakf in perpetuity in favour of persons who happened to be the members of a family ..... co.) p. 365) ) therefore, the present suit is maintainable. 14. point 2:--in regard to the scheme, neither side was able to place before us any valid and tenable objection to any of the provisions regarding the terms of the scheme and concerning which the court has complete discretion-mahomed ismail arif v. ahmad moolla dawood, .....
Tag this Judgment!Court : Chennai
Reported in : [1957]8STC77(Mad)
..... cerdit which has been confirmed by the intermediary or paying banker, the contract between the paying banker and the beneficiary becomes binding as soon as the beneficiary acts on the strength of the irrevocable credit. a banker issuing an irrevocable credit or a confirmed credit usually undertakes to honour the drafts negotiated, or to reimburse ..... ordinarily given full effect as between the parties. but since the parties do not always stipulate in such respect, the courts have adopted, and the uniform sales act has provided, certain rules for determining the intention of the parties, which rules are hereinafter discussed in particularity. these rules are designed to arrive at the ..... of the indian contract act did not express the law so clearly. its interpretation gave rise to a conflict of opinion. it was held that as soon as a sale denned by section 77 has taken place property passes and an agreement between the parties postponing it till the price is paid is not valid: scott v. keshavlal .....
Tag this Judgment!Court : Chennai
Reported in : AIR1957Mad194
..... . no. 77 of 1951.2. the facts are:- muhammad abdul kadir ma-lumiar created a private trust on.19-11-1918 i.e. bab-sequent to the mussalman wakf validations act of 1913. the wakf comprised of ac.12.80 cents of land near nagore, portion of a house bearing door no. 3 in nagore town, and cooking vessels etc., men. tioned in ..... year in the hussainia moulath. khana belonging to the settlor when 25 marakkals of rice have to be cooked and distributed to poor muslims.this poor feeding is a valid object of a wakf: baillie (1) 550; hidaya 240; fatma bibi v. advocate-general of bombay, ilr 6 bom 42 (a); assoo-bai v. noorbal, 8 bom lb 245 (b ..... the sanction under s. 92 of the civil procedure code, or s. 14 of the reli-gious endowments act: ashraf ali v. mahomed nurajjamma, : air1919cal179 the wakf pro-perty may, like other trust properties be recoveredfrom third persons under circumstances referred to in the indian trusts act, s. 63. in case of an unlawful alienation or a mortgage of the mosque property .....
Tag this Judgment!Court : Chennai
Reported in : AIR1957Mad472
..... for principal, interest and costs a ground for impeaching it as being, in effect, a redemption for the benefit of all mortgagors. neither is the validity of the sale affected by any fiduciary relation subsisting between the purchasing mortgagor and his co-mortgagors such as may have arisen from his having, as their ..... (all relevant madras decisions discussed). in : air1953bom50 (z-12) it was held : 'the expression 'collateral' transaction in the proviso to section 49, registration act, is not used in the sense of an ancillary or a subsidiary transaction to a main or principal transaction. the transaction as recorded could be a particular or specific ..... be carried out by a registered instrument. all that it enacts is that where document isemployed to effectuate any of the transactions specified in section 17 of the act, such document must beregistered, notwithstanding that the transaction isone which the law does not require to be put intowriting. imperial bank of india v. bengal nationalbank .....
Tag this Judgment!Court : Chennai
Reported in : AIR1959Mad166; 1959CriLJ484
..... lal gardhan v. emperor, : air1937bom385 ; queen empress v. javecharan, ilr 19 bom 363; surat bahadur v. emperor, .v. b. raju, i.c.s. in his evidence act, at page 1188 on 'trap witnesses';'a person who makes himself an agent for the prosecution with the purpose of discovering and disclosing the commission of an offence either before ..... (third edition), which deals with the canadian law of evidence is people's canadian criminal evidence (second edition). at p. 45 it is said :'police constables who act as agent provocateur to obtain evidence of keeping a bawdy house are not to be considered as 'accomplices', and their evidence does not require corroboration : rex v. clay ..... or attempted to be obtained by way of legal remuneration' (per mootham and wanchoo, jj).in state v. minaketan, : air1952ori267 it was held : section 4 of act ii of 1947 requires that the prosecution should prove that the accused accepted or agreed to accept the amount as gratification. 'accept' means 'to take or receive with .....
Tag this Judgment!Court : Chennai
Reported in : (1958)2MLJ230
..... the deceased's land. it is sometimes said that unlike an administrator an executor derives his title from the will for probate does no more than certify the validity of the will and of his appointment and does not itself appoint him to his office. there is a sharp distinction between metropolitan and mofussil wills. in ..... is said to be cum teslmento annexo, in order to distinguish it from a grant of administration arising through intestasy.8. section 317 of the indian succession act creates a statutory obligation upon the executors and administrators to exhibit in court an inventory of all the property, movable and immovable, and of all credits and ..... or within such further time which such court may appoint, an account of the estate. the phrase 'from time to time' which occurred in the indian succession act of 1865 has been omitted from the present section 317. the section contemplates the submission of one initial inventory and one final account after the completion of administration .....
Tag this Judgment!Court : Chennai
Reported in : AIR1959Mad410
..... including laws having extra-territorial operation. sub-section 2 reversed, as it were, the provision of section 2 of the colonial laws validity act, 1865, which ran 'any colonial law which is repugnant to any act of parliament extending to the colony to which law relates ..... is void to the extent of the repugnancy', and enacted :section ..... in their translation.i hold therefore that the copyright in the translation vested in rabindranath tagore and that by the assignment of that right in 1919 it became validly transferred to the plaintiffs.83. i shall now take up for consideration the issue as to whether the defendant's guide constitutes an infringement of the plaintiffs ..... of the concerned parties.the objection that was upheld by the supreme court was that the grouping of india with other british possession could no longer be valid after india ceased to be a british possession. those principles of public law however, have no application for the determination of private rights and it would .....
Tag this Judgment!Court : Chennai
Reported in : AIR1959Mad28; 1959CriLJ52; (1958)2MLJ355
..... entitled to the right. the order under the new section is where the right exists directed to the person who is interfering with the right. such an order is valid so long as it merely prohibits the interference with the exercise of the rights. i do not see how from this difference any inference is to be derived as to ..... sound reasons for his view. it may be that the wide powers conferred under the unamended section have been restricted to some extent by the amended section, since the magistrate acting under section 147(2), has not got the same wide powers regarding mandatory injunctions as a civil court, as remarked by malik c. j. in (fb) (d). thus, ..... court adjudging him to be entitled to exclusive possession, with a further direction to remove the obstruction was bad in law. this decision was under the old code, that is act x of 18724. in karuppanna kownden v. kandaswami kownden, 26 mad lj 233: (air 1914 mad 712) (e) which was again a decision under the old criminal procedure code before .....
Tag this Judgment!Court : Chennai
Reported in : (1959)2MLJ502
..... 441. a transfer made in compromise of a claim is neither a sale, nor a gift, nor an exchange and no writing is necessary under the transfer of property act to validate the same, though such transfer may relate to immovable property : thiruvengada chariar v. ranganatha : (1903)13mlj500 . a partition of joint family property is not an exchange and ..... kuppuswamy aiyangar i.l.r.(1909) mad. 442.5. to sum up, in the language of mulla's transfer of property act (4th edition) page 884:writing was not necessary under hindu law to the validity of any transfer whatsoever, and in all ancient systems of law transfer of possession was the only requisite to the transfer of title. ..... the present act makes writing necessary in the case of a sale of tangible immovable property of the value of rs. 100 .....
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