Court : Kerala
Reported in : AIR1958Ker386
..... statute law after the amendment. before making that remark he stated: 'it may here be observed that section 95, t.p. act, has by act xx (20) of 1929 been amended in, such a way that sections 92 and 95 as they now stand make it clear ..... after the amendment. before making that remark he stated: 'it may here he observed that section 95, transfer of property act has by act xx of 1929 been amended in such a way that sections 92 and 95 as they now stand make it clear that ..... of the mortgage debt acquires on redemption two distinct rights. he may simply sue for reimbursement under section 82 of the act. he may also sue to enforce the right of the mortgagee to follow the mortgaged properties. 'subrogation is rather an additional ..... the full bench (lakshmana rao and krishnnswami ayyanpar, jj. concurring) stated that both before and after the transfer of property (amendment) act xx of 1929, the liability to contribute is a liability which is imposed upon tbe land and therefore is not a personal liability .....
Tag this Judgment!Court : Kerala
Reported in : AIR1957Ker126
..... not call for any inquiry as to the exact extent to which sons are precluded by a decree and execution proceedings against their father from calling into question the validity of the sale, on the ground that the debt which formed the foundation of it was incurred for immoral purposes, or was merely illusory and fictitious. their ..... aside in appropriate proceedings and that a suit brought by the son for recovering possession of his share after such execution sale is governed by article12 of the limitation act. in (s) air 1955 pat 386 (t), it was said:''it is well settled that a suit brought by a son after attaining majority for setting aside ..... not maintainable without a specific prayer for setting aside the decrees and execution sales, and that it was also barred by limitation under article 12 of the limitation act. they admitted the partition of 1925 in the original family, but contended that some of the plaint properties were the self-acquired and separate properties of defendant 1 .....
Tag this Judgment!Court : Kerala
Reported in : AIR1957Ker171
..... at all was questioned and permanent injunction against disposal of the trust properties was also prayed for. learned counsel submitted that even assuming that the compromise arrangement was validly constituted, still it was not as if it enured for ail time and unchangeably. the time factor and the personality of s. s. koder were material ..... that revision under section 115 c. p. c., was not shut out. that was a case where a direction by the district judge for sale of wakf property for particular price to particular person in the face of competing offer was considered to be of doubtful propriety.the learned judges also contemplated the possibility of ..... order.3. learned counsel for the revision petitioners attacks the availability in the circumstances of the jurisdiction invoked under section 7 of the charitable and religious trust act xiv of 1920. according to learned counsel the opinion, advice or direction which was being sought was not concerned with the management or administration of the .....
Tag this Judgment!Court : Kerala
Reported in : 1953CriLJ1613
..... assam case it was said that a notification empowering all first class magistrates of assam to exercise powers under the assam opium prohibition act was a valid special empowerment as required by the act. likewise the allahabad high court held that a general order empowering all first class magistrates to take cognizance of cases under section 110 ..... no empowerment of the magistrate concerned by his name but only by virtue of his office. the court held that it was a sufficient valid empowerment within the meaning of section 3, opium act, and section 39, criminal p.c. section 39 states that in conferring powers under the code, state government may by order empower ..... , criminal p.c. was a valid special empowerment. this allahabad case follows an earlier bench ruling. in view of these authorities, we do not think it .....
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