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Judgment Search Results Home > Cases Phrase: sarais act 1867 Court: privy council Page 1 of about 1,311 results (0.004 seconds)

Jul 25 1916 (PC)

Krishna Lal Vs. Emperor

Court : Allahabad

Reported in : AIR1917All450; 35Ind.Cas.1008

..... is not necessary to refer in detail to all the rules set out in this proclamation: it is sufficient to say that it is ordered that no one plying the trade of a jatrawal is to be allowed to frequent the moghal sarai railway station, and the thoroughfares and other public places in moghal sarai, without having first obtained a pass or licence from the superintendent of police or district magistrate.4. ..... the order which the accused is said in this instance to have disobeyed, purports to have been issued under section 31 of the act and the principal matter to be considered here is whether this order is valid and one which could lawfully issue under section 31.3 ..... , only licences which can lawfully be issued by a superintendent of police are those referred to in section 30 of the act in connection with the conduct of assemblies and processions and the use of music on the occasion of festivals and ceremonies. ..... accused here, who describes himself as a gangaputra, is said to have been acting as a jatrawal in moghal sarai without having obtained a licence.5. ..... hold, therefore, that the accused was not liable to conviction under section 32 of the act: the order which he is found to have disobeyed was not a lawful order. ..... is in the form of a printed proclamation issued over the name of the superintendent of police, benares, and contains elaborate directions for the conduct of jatrawal whose business takes them to the railway station at moghal sarai for the purpose of escorting pilgrims to benares. .....

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Jul 25 1916 (PC)

Emperor Vs. Krishna Lal

Court : Allahabad

Reported in : (1917)ILR39All131

..... it is sufficient to say that it is ordered that no one plying the trade of a jatrawal is to be allowed to frequent the moghal sarai railway station and the thoroughfares and other public places in moghal sarai without having first obtained a pass or licence from the superintendent of police or district magistrate.3. ..... the order which the accused is said in this instance to have disobeyed purports to have been issued under section 31 of the act and the principal matter to be considered here is whether this order is valid and one which could lawfully issue under section 31.2. ..... the only licences which can lawfully be issued by a superintendent of police are those referred to in section 30 of the act in connection with the conduct of assemblies and processions and the use of music on the occasion of festivals and ceremonies. ..... the accused here who describes himself as a gangaputra is said to have been acting as a jatrawal in moghal sarai without having obtained a licence.4. ..... i hold therefore that the accused was not liable to conviction under section 32 of the act, the order which he is found to have disobeyed was not a lawful order. ..... it is in the form of a printed proclamation issued over the name of the superintendent of police, benares, and contains elaborate directions for the conduct of jatrawals whose business takes them to the railway station at moghnl sarai for the purpose of escorting pilgrims to benares. .....

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May 12 1936 (PC)

Munna Lal Vs. Municipal Board

Court : Allahabad

Reported in : AIR1936All676; 165Ind.Cas.167

..... runs as follows:(1) no objection shall be taken to a valuation of assessment, nor shall the liability of a person to be assessed or taxed be questioned in any other manner or by any other authority than is provided in this act; (2) the order of the appellate authority confirming, setting aside or modifying an order in respect of valuation or assessment or liability to assessment or taxation shall be final; provided that it shall be lawful for the appellate authority, upon ..... 164(1):nor shall the liability of a person to be assessed or taxed be questioned in any other mariner or by any other authority than is provided in this act,is said to relate to taxes on persons only, and it is argued that the house tax and water rate is a tax on buildings and lands and not ..... history of municipal legislation in these provinces, the early north-western provinces and oudh municipalities acts of 1873 and 1883 provided for the imposition of taxes, but the acts do not contain provisions for appeals against taxation or for the barring of the jurisdiction of ..... the claim of kanhaiya lal was that in a particular year the annual value of the sarai was less than that in the list, and that he could sue on this account in the civil court ..... 25-years from the secretary of state, which, provided for fixation of tax on the basis of net profit accruing to the lessee while he-was in the occupation of the 'sarai' which was the subject matter of the lease. ..... net profit of the lessee while in occupation of the sarai. .....

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Mar 29 1938 (PC)

Mt. Ali Begam and Others Vs. Badr-ul-islam Ali Khan and Others

Court : Privy Council

..... the trial judge dismissed the suit (2nd january 1929), holding that though kalb abid had dedicated the suit lands for the purposes of a sarai in his lifetime the dedication was invalid as he had retained possession; that he had not made a dedication thereof by his will; that if his will did purport to effect a dedication, that also was invalid having ..... the high court having at the hearing made this plaintiff an appellant instead of a respondent, held that a valid wakf of the sarai was created by the will of kalb abid, set aside the decree of the subordinate judge and remanded the case to him in order that he might ..... the interests in remainder he disposed of by directions that they should be "attached" to the sarai hereinafter mentioned: the validity and effect of these directions need not now be considered, as it is not, in the events that have happened, possible on this appeal to pronounce any binding decision thereon or to give relief ..... there are repeated references to this sarai throughout the will and one of the five plots of land now in question (value about rupees 50,000) is thus described : the sarai under construction which is about to ..... in agreement with the high court consider that upon the true construction of the will of kalb abid the five amritsar properties above-mentioned were made wakf for the purposes of a sarai and for the specified purposes subsidiary thereto. ..... not necessary in this case to pray in aid the provisions of the mussalman wakf validating act, 1913. .....

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Mar 29 1938 (PC)

Saiyed Mohammad Raza Vs. Badr-ul-islam Ali Khan

Court : Mumbai

Reported in : (1938)40BOMLR835

..... the trial judge dismissed the suit (january 2, 1929), holding that, though kalb abid' had dedicated the suit lands for the purposes of a sarai in his lifetime, the dedication was invalid as he had retained possession; that he had not made a dedication thereof by his will; that, if his will did purport to effect a dedication, that also was ..... the high court, having at the hearing made this plaintiff an appellant instead of a respondent, held that a valid wakf of the sarai was created by the will of kalb abid, set aside the decree of the subordinate judge and remanded the case to him in order that he might decide whether mussammat ah begum should be mutawalli, prepare ..... the interests in remainder he disposed of by directions that they should be ' attached ' to the sarai hereinafter mentioned : the validity and effect of these directions need not now be considered, as it is not, in the events that have happened, possible on this appeal to pronounce any binding decision thereon or to give ..... for holding that the right of residence was intended or was likely to exhaust the accommodation of the sarai or could in law be insisted on to the exclusion of the charity. ..... in agreement with the high court, consider that upon the true construction of the will of kalb abid the five amritsar properties above-mentioned were made wakf for the purposes of a sarai and for the specified purposes subsidiary thereto. ..... in this case to pray in aid the provisions of the mussalman wakf validating act, 1913. .....

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Jun 21 1922 (PC)

Sri Gangaji Cotton Mills Co., Ld. Vs. East Indian Railway Co.

Court : Allahabad

Reported in : 68Ind.Cas.961

..... from the bengal north-western railway (a mater gauge line) and ware transhipped the same day into a waggon on the broad-cauge system of the order & rule railway for dispatch to mirzapur via mogul sarai, he deposes that the bales ware in good condition at the time of transhipment and that they were placed in a scaled waggon.41. ..... , dealt with the ease on the right lines as a whole and has definitely found that the railway company was justified in selling the plaintiffs' goods in exercise of the power conferred by sector 56 of the indian railways act (ix of 1830) whish authorizes a railway administration, in certain circumstances and on certain conditions, to sail unclaimed goods.25. ..... this is clear from the provisions of section 80 of the indian railways act (ix of 1890) and the law has been so interpreted in the ease of g. i. p. ..... under the railway's control, than over the lines of the bengal north-western railway and of the oudh and rohilk and railway before they came upon the line of the defendant company at mugal sarai which is only a short distance from mirzapur.37. ..... vernon bit the plaintiffs cannot be heard to say that this was, is any way, a wrongful act on the part, of the railway company. .....

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Jul 15 1916 (PC)

Puttu Mal and anr. Vs. Bharat Indu and ors.

Court : Allahabad

Reported in : AIR1917All182; 41Ind.Cas.613

..... it may be that in this case the zemindars allowed the occupants of shops and the sarai to use the land in front, but that alone cannot confer any rights on the owners of the shops nor constitute a case of adverse possession, as held by the bombay high court in framji cursetji v. ..... and if these acts by themselves are to be regarded as acts indicating adverse possession, there can be no doubt that the zemindars will soon think of putting an end to all such acts of grace and favour. ..... they are mere acts of grace and favour. ..... nanhe and balli bhatiaras or inn-keepers are residents of the village, who are occupants or owners of certain shops or buildings in the sarai. ..... many of these deeds of transfer are more than thirty years old and if produced from proper custody might be admitted without proof under section 90 of the evidence act. .....

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Jul 21 1924 (PC)

Har Bakhsh Singh Vs. Dal Bahadur Singh and ors.

Court : Allahabad

Reported in : 88Ind.Cas.255

..... taluqdar of the baispur estate in the partabgarh district, oudh; and besides the baispur estate and the house property in dispute, he owned some zemindari property in the partabgarh district known as the sarai murar singh or ramnagar property some other zemindari property and an occupancy holding in the allahabad district, known as the bahdaul property, and a house in partabgarh and another large bungalow in allahabad.2. ..... it includes certain estates not confiscated by the government, others specifically granted by it, and those obtained under a taluqdari sanad granted after the 1st april 1858 and before the passing of the act i of 1869, or held under a summary settlement made between the 1st day of april, 1858, and the 10th day of october, 1859, inclusive of any other property for which a decree may have ..... the custom was one of single heir descent: and whether bajrang bahadur singh inherited the estate under the hindu law or under act i of 1869, it descended, on his death, according to the custom of single heir descent, obtaining in the family, on his senior widow, and after her, on his junior widow; and the person who would be ..... findings; and the main questions for consideration are whether the plaintiff is the nearest reversionary heir of thakur bajrang bahadur singh and is entitled as such to the property in dispute under section 23 of act i of 1869, or the hindu law, whether the said property had been purchased or built out of the savings or income of the baispur estate, and. .....

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Jul 21 1924 (PC)

Harbaksh Singh Vs. Dal Bahadur Singh and ors.

Court : Allahabad

Reported in : AIR1925All155

..... and had made a bequest by which he had devised his property, in favour of his nephew to the exclusion of his brother the father of the aforesaid nephew and the said nephew had died childless after act i of 1869 came into force, their lordships of the privy council, applying the rule of primogeniture embodied in the sanad granted a declaration that the entire taluqa as constituted at the date of the sanad ..... it includes certain estates not confiscated by the government, others specifically granted by it, and those obtained under a taluqdari sanad granted after the 1st april, 1858, and before the passing of the act i of 1869, or held under a summary settlement made between the 1st day of april, 1858 and the 10th day of october, 1859 inclusive of any other property for which a decree may have ..... the custom was one of single heir descent; and whether bajrang bahadur singh inherited the estate under the hindu law or under act i of 1889, it descended, on his death, according to the custom of single heir descant, obtaining in the family, on his senior widow, and after her, on his junior widow; and the person would be entitled to ..... houses in question were obviously acquired from the joint income of the estate and the sarai ramnagar and bahdaul properties, the collections made from which were kept together without any ..... court of wards was in possession of the estate, the zamindari property, known as the sarai marar singh or ramnagar property was acquired by the court of wards for the benefit of .....

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Aug 02 1912 (PC)

Hiranund Ojha and anr. Vs. Raghunath Singh

Court : Kolkata

Reported in : 16Ind.Cas.904

..... cannot eject the defendant by a suit in the revenue court on the ground that the term of his lease has expired, but under section 88 of the chota nagpur landlord and tenant procedure act, 1879, the plaintiffs are entitled to a decree for ejectment for non-payment of rent, and the court of first instance presumably made a decree for ejectment of that character alone. ..... on behalf of the respondents, the competency of the appeal has been questioned on two grounds, first, that under section 144 of the chota nagpur landlord and tenant procedure act, 1879, a second appeal does not lie to this court, and secondly, that the order of the judge is not a decree, because it does not decide any of the matters in controversy between the parties ..... allowed, and the decree of the primary court discharged; clearly, this was an appellate decree passed by the judicial commissioner under the act, irrespective of the question whether he decided rightly or wrongly malkarjun v. ..... 560 and reference has been made to a series of decisions under act x of 1859, amongst which may be mentioned those of gooroodoss ..... of this litigation, the defendant was settled as a ryot by the manager under the encumbered estates act, who was in possession of the properties of the proprietors. ..... sarai naik ..... argued, however, that this is not an appellate decree passed by the judicial commissioner under the act, first, because, it is not a decree, and, secondly, because even if it is a decree, it has not been passed under the act. .....

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