Court : Chennai
Reported in : (1920)ILR43Mad529
..... 1907. payment was made under protest, and the present suit to determine liability was instituted.7. the case depends upon the proper construction to be put upon the act referred to. its preamble is not without importance:whereas, in several districts of the madras presidency, large expenditure out of government funds has been, and is still ..... description of landholder not holding under ryotwari settlement is by virtue of engagements with the government entitled to irrigation free of separate charge, no cess under this act shall be imposed for water supplied to the extent of this right and no more....9. the respondent's position is that of a zamindar not holding under ..... committed to the transactions which they have accepted as binding parties for a period of between eighty and ninety year, during which (including forty years since the act was passed) the zamindari of bobbili has been enjoyed without any question that the zamindar held under a tenure which gave him the benefit of the proviso .....
Tag this Judgment!Court : Mumbai
Reported in : (1920)22BOMLR498
..... 1907. payment was made under protest, and the present suit to determine liability was instituted.7. the case depends upon the proper construction to be put upon the act referred to. its preamble is not without importance:-whereas, in several districts of the madras presidency, large expenditure out of government funds has been, and is still ..... description of landholder not holding under ryotiouri settlement is by virtue of engagements with the government entitled to irrigation free of separate charge, no cess under this act shall be imposed for water supplied to the extent of this right and no more....10. the respondent's position is that of a zamindar not holding ..... committed to the transactions which they have accepted as binding parties for a period of between eighty and ninety years, during which (including forty years since tho act was passed) the zamindari of bobbili has been enjoyed without any question that the zamindar held under a tenure which gave him the benefit of the proviso .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1921Cal15,58Ind.Cas.353
..... need not be enumerated in detail, is to furnish abundant indication that whatever might have been the law earlier, the occupancy ryot enjoys under the bengal tenancy act substantial rights in the land and his interest cannot be appropriately desorbed as a merely 'personal light' or ' personal privilege.' the position then is that ..... contrary is proved by the landlord, the rent actually paid must be deemed fair and equitable section 28 makes the rent enhanceable only as provided in the act ; section 29 invalidates agreements for enhancement beyond a prescribed limit, while sections 30 to 37 provide definite roles and restrictions when enhancement is claimed by suit, ..... sale at the instance of a creditor of the ryot. this view was supported on three grounds, namely, first, that section 21 of the bengal tenancy act by implication indicates that the legislature did not intend to make occupancy rights transferable ; secondly, that section 65 also by implication indicates that an occupancy holding .....
Tag this Judgment!Court : Chennai
Reported in : (1921)40MLJ18
..... one relating to a contract and not one in which a sum certain is payable on a certain date. the provisions of the act are therefore not complied with and consequently the plaintiff is not entitled to the interest awarded by the lower court. so much ..... for the respondent that when no time is fixed for payment the money becomes payable at once. but i do not understand the act as referring to such a legal presumption. as at present advised in my opinion the words payable at a certain time relate to ..... in jugganmohun ghose v. manickchand (1859) 7 m.i.a. 263 holding that in a case of contract which does not come within the act, interest was not awardable. in this court in kamalammal v. peeru meera levvai rowther (1897) i.l.r. 20 m 481 and subramania ..... railway co. (1847) 16 m. & w. 244, where it was held with reference to the corresponding section of lord tenderden's act that interest might be awarded by way of damages in such a case because it had been the constant and invariable practice in cases of .....
Tag this Judgment!Court : Chennai
Reported in : (1921)41MLJ97
..... without straining it, can be held reasonably capable of bearing either of the suggested constructions. speaking for myself, i am unable to gather from the language of this act any general intention with regard to the position of minor inamdars; and, consequently, i cannot think that the words of section 3(5) can in any legitimate sense ..... its provisions to consider judicially. i do not propose to follow my learned brothers in their exhaustive examination of the material sections and the relevent decisions on the act, partly because it is no use covering the same ground again and partly because this reference was made with the express purpose of challenging the admitted current ..... on the defendants.3. the suit lands were originally ryoti lands situated within the permanently settled zamindari of surangi, which is an estate within the meaning of the act: they were granted by the zamindar after permanent settlement on a quit-rent payable to himself of rs. 15 per annum. the grant is found, as a .....
Tag this Judgment!Court : Allahabad
Reported in : 66Ind.Cas.618
..... )n, the learned advocate for the respondents contended that the doctrine of subrogation as applied in india was confined to the provisions of section 74 of the transfer of property act (iv of 1882) and referred only to a subsequent mortgagee redeeming the next prior mortgage. in our opinion this argument cannot be accepted. the transfer of property ..... not purport to consolidate the law relating to mortgages in india but only defines and amends certain parts of the law (see the preamble to the act and paragraph 10 of dr. gour's law of transfer in british india). furthermore, their lordships of the privy council have applied the principle in the case of purchasers also .....
Tag this Judgment!Court : Chennai
Reported in : AIR1923Mad454; 73Ind.Cas.733
..... . but under the description of zarpeshgi transactions, they appear to be well-known in north india and are probably what the portions of the transfer of property act definition relating to price paid and to premium, were meant to apply to. that the distinction between transaction of that kind which are leases and those which ..... separate relinquishment. these, the essential provisions of exhibit v, are prima facie in accordance with the definition of a lease in section 105 of the transfer of property act, the payment referred to being the price paid or premium. plaintiff, however, argues that those payments must not be so regarded because they were advances, for which ..... exhibit v. in 1912 the revenue officer engaged in the preparation of a record of rights for second defendant's estate under chapter xi, the madras estatesl>nd act (i of 1908),, entered first defendant as occupancy raiyatin respect of the holding instead of plaintiff. the question is whether he did so correctly. the answer to .....
Tag this Judgment!Court : Chennai
Reported in : (1923)45MLJ91
..... presidency. but, under the description of zuripeshgee transactions, they appear to be well known in north india and are probably what the portions of the transfer of property act definition, relating to price paid and to premium, was meant to apply to. that the distinction between transactions of that kind, which are leases, and those which ..... relinquishment.' these, the essential, provisions of ex. v, are prima facie in accordance with the definition of a lease in section 105 of the transfer of property act, the payments referred to being the price paid or premium. plaintiff however argues that those payments must not be so regarded, because they were advances, for which either ..... under ex. v. in 1912 the revenue officer engaged in the preparation of a record of rights for 2nd defendant's estate under chapter xi, madras estates land act (1 of 1908), entered 1st defendant as occupancy ryot in respect of the holding instead of plaintiff. the question is whether he did so correctly. the answer .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1924All625; 83Ind.Cas.782
..... foreseen which of the three brothers would survive whom, and no rights had till then arisen in favour of janeshardas, to which section 6 of the transfer of property act could have applied, or which the compromise or the decree for partition could have prejudiced.156. the word pasmandagan (survivors) is somewhat ambiguous and may mean either ..... in any event is precedent and is originally impossible to perform or is possible of performance at the date of the will but afterwards becomes impossible by the act of god. or circumstances over which neither the donee nor the testator had any control, the performance of the condition is not excused-and accordingly the gift ..... accordance with the directions of the testator. in the course of argument the learned counsel for the respondent referred to section 6 (a) of the transfer of property act for the purpose of showing that the right of his client was incapable of transfer and could, ' therefore, not be effected by any of the provisions of the .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1924Cal990
..... also appears from its preamble satyabadi behara v. musst. harabati (1907) 34 cal. 223, mohamed safikul huq v. krishna gobinda (1918) 23 c.w.n. 284. the indian contract act no doubt speaks only of bailment of goods by way of security, but it appears from its preamble that it deals only with a part of the law of contract ..... that that proviso is confined in its operation to immovable properties only as 'mortgage' or 'charge' as defined in sections 58 and 100 respectively of the transfer of property act and can only be in respect of such properties. the petitioner further contends that the only form of security for payment of a debt or performance of a promise by ..... the bailment of goods recognised by the indian contract act is 'pledge' as defined in section 172 of that act, in which transference of possession of the goods to the pawnee is the essential ingredient, and that, inasmuch as in the present case the .....
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