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Judgment Search Results Home > Cases Phrase: sarais act 1867 Page 8 of about 369,287 results (0.171 seconds)

Jun 30 1913 (PC)

Legal Remembrancer Vs. Matilal Ghose and ors.

Court : Kolkata

Reported in : (1914)ILR41Cal173

..... or treating with disrespect the king's writ or the rules or process of the court; by perverting such writ or process to the purposes of private malice, extortion or injustice; by speaking or writing contemptuously of the court or judges, acting in their judicial capacity, by printing false accounts or even true ones, without proper permission, of causes then depending in judgment; and by anything in short that demonstrates a gross want of that regard and respect which, when ..... court of king's bench have and may lawfully exercise within that part of great britain called england by the common law thereof; and we farther will and ordain that all judgments, rules, orders and acts of authority, or power whatsoever, to be made or done by the said supreme court of judicature at fort william in bengal shall be made or done by and with the concurrence of the said four judges or so many or such ..... civil contempt the proceeding for its punishment is at the instance of the party interested and is civil in its character; in the case of a criminal contempt, the proceeding is for punishment of an act committed against the majesty of the law, and as the primary purpose of the punishment is the vindication of the public authority, the proceedings conform as nearly as possible to proceedings in criminal ..... and mahtab (1867) 8 ..... record in all its jurisdictions, and it thus has power to commit for any contempt in relation to any of those jurisdictions: in re abdool and matab (1867) 8 w.r.cr. 32.62 .....

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Jul 12 1938 (PC)

Prasannadeb Raikat and ors. Vs. Tabiur Rahaman and ors.

Court : Kolkata

Reported in : AIR1938Cal866

..... as referring to land in the state it is in when the suit is brought, and there have been many decisions of this court to the effect that the provisions of the act can only apply to land which is at the time used for agricultural or horticultural purposes; and if land originally leased out as an ordinary agricultural tenure becomes afterwards covered with buildings in consequence of a town or bazar growing up ..... so it has been held that in the case of a middleman, the grounds of enhancement must be those for which he was liable prior to the passing of the act, and if the enhancement is claimed on the ground of being fair and equitable, that has always been subject to the condition that the rent is not more than what is paid by similar tenures in the pergunnah or neighbourhood ..... the principle of justice, equity and good conscience was made a statutory principle by section 37, civil courts act 12 of 1857 which enacts that the courts will apply that principle where there is no other law for the time being ..... appeals arise out of three suits instituted by the landlord for enhancement of rent of three tenancies after serving notice under section 13 of act 10 of 1859 and for realization of arrears of rent at the enhanced rate. ..... the suits are under act 10 of 1859, not under the bengal tenancy act: therefore to justify enhancement one must look to the law as prevalent under the former act and not to that under ..... gooroo doss sein (1867) 7 wr 285, kalee nath choudhury ..... gooman singh (1867) 11 mia .....

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Oct 22 1931 (PC)

Panyam and anr. Vs. Avadhanam Rama Lakshmamma and anr.

Court : Chennai

Reported in : AIR1932Mad227

..... ramalinga sethupathy 1867 12 m.i.a.897, their lordships describe it as a meritorious act and refer to the existence of a direct line competent to the full performance of religious duties' and to thereligious obligation to adopt a son in order to complete or fulfil defective religious rites.14. ..... kodandaramayya, the defendant's learned advocate, the decisive factor is not, whether some estate is or is not divested, but whether the adoption being in essence a religious act, the spiritual purposes of a son have been satisfied. ..... that their lordships always laid stress on the religious aspect of the act of adoption appears from several cases. ..... kundana devi, acting on her husband's authority, adopted brojo deo. .....

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Jul 25 1930 (PC)

Sursingji Dajiraj Thakorsaheb Vs. Manilal Vallabhdas Parikh

Court : Mumbai

Reported in : (1930)32BOMLR1679; 129Ind.Cas.881

..... we find that section 83 is not included in section 33 of the gujarat talukdars' act among the sections of the land revenue code which are inapplicable to talukdari estates. ..... some reliance has been placed on section 5 of the talukdari act itself as showing that in the opinion of the legislature the tenants of talukdari villages were on a different footing from the tenants in government lands. ..... revenue code with reference to talukdari estates, and that according to section 108 of the bombay land revenue code the name of the tenant has to be entered in respect of the land, whereas under a 5 of the gujarat talukdars' act the name of the talukdar is entered as the occupant. ..... the land revenue code, section 83, was enacted in 1879, and in 1888 when the gujarat talukdars' act was passed section 83 was not included in section 33 of the gujarat talukdars' act so as to make it inapplicable to talukdari estates. ..... , in 1867, universally admitted that the talukdars' tenants were tenants from year to year. ..... dari villages, though, had it been the opinion of the legislature that there was no possibility of permanent tenancy existing in such villages, it should have been excluded with the other sections excluded by section 33 of the talukdari act. .....

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Sep 06 1956 (HC)

Jwala Prasad Vs. Jwala Bank Ltd.

Court : Allahabad

Reported in : AIR1957All143

..... regarding the discharge of directors or the dismissal of a managing director upon a company going into liquidation, but it is evident from the relevant sections of the indian companies' act that the consequences of winding-up are that the directors can no longer discharge their duties.the liquidator takes into his custody, or under his control, all the property, ..... himself, the company chooses to be wound-up or is compulsory wound-up (not because it has become illegal to carry on the business of the company but because the company has so acted that it has got to be wound-up) jwala prasad should be deprived of the benefit of the contract upon the faith of which he transferred all his assets to the company.13. ..... necessary for me to elaborate upon the doctrine of frustration, but so far as india is concerned, the doctrine is embodied either in section 56 or section 32 of the indian contract act and before a contract can be held to be void and the parties relieved thereunder, one or the other of these sections must become applicable.my conclusion, therefore, is that ..... the order of winding up constituted a notice of discharge to the servants of the company except when the business of the company is continued.under section 87b(e) of the previous act upon a winding--up order being made any contract of management or managing agency is determined, though without prejudice to the managing agent's right to recover any money on account of ..... , in re, english joint stockbank, 1867-4 eq 330 (h) by sir w .....

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Sep 20 1962 (HC)

Official Receiver, Jhansi Vs. Jugal Kishore Lachhi Ram Jaina, Hyderaba ...

Court : Allahabad

Reported in : AIR1963All459

..... become the owner of the goods if the circumstances which render the contract voidable amounted to an offence committed by the person in possession, does not now find place either in the act or in the corresponding section 29 of the sale of goods act, and now title in the goods would pass to a bona fide purchaser for value and without notice of fraud.32. ..... who delivered the judgment of the bench took the view that to the facts of that case section 86 of the indian trusts act did not apply--firstly because the contract of transferring the property was not induced by fraud or mistake and transferring the property was not induced by fraud or mistake and secondly no ..... chand and inasmuch as the plaintiffs-respondents had informed the bank that it had been defrauded and a request was made to withhold the payment,' the second condition of section 86 of the indian contract act was also fulfilled and a notice contemplated by that section would be deemed to have been given by the transferee to she transferor. ..... i have already said that the learned judges were not referred to the material provisions of the contract act.in rameshwar swarup's case : air1955all676 (supra), it does not appear whether the contract had been rescinded before the filing ..... disallowing refund of the mortgage money claimed by the mortgagee the privy council said that the contract act, 'so far as it goes, is exhaustive and imperative', and that the short answer to the argument founded ..... turauand and harding, (1867) 2 hl 325, .....

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Dec 04 1930 (PC)

Ram Das Vs. Parmanandgir and anr.

Court : Allahabad

Reported in : AIR1931All238

..... the title of the usufructuary mortgagee under an instrument of 1891 was in issue and it was held that the mortgage having been made in 1894, the provisions of the agra tenancy act of 1901 did not apply and the mortgagor acquired no exproprietary rights in respect of the sir.24. ..... this is an appeal by the plaintiff under section 10, letters patent act, and arises out of a suit for redemption of a mortgage which was created under a registered instrument dated 30th ..... zamindar who makes a usufructuary mortgage of his zamindari including his sir land does not so 'lose or part with his proprietary rights' within the meaning of section 7, act 12 of 1881 so as to become an exproprietary tenant of his sir land.22. ..... which is a very different thing from en-acting that 'no other right to occupy shall ..... accrued in the sir plots by reason of section 10, act 2 of 1901 which was then in force, but it did not in any way affect the legality or validity of the usufructuary mortgage which had been created before the passing of that act (see the saving clause in section 2, sub-section 4 of the act). ..... on 20th july 1867 sheobalak and sheoratan made a usufructuary mortgage of the zamindari share referred to above (but not the sir lands appertaining to the zamindari) in favour of mahipal ..... under section 10, tenancy act (2 of 1901 local), the proprietor of a mahal or of a part of a mahal became the ex-proprietary tenant of a sir land upon his executing a usufructuary mortgage of the zamindari share or of the .....

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Apr 22 1999 (HC)

Narendra Singh Vs. State of U.P. and Others</B>

Court : Allahabad

Reported in : 1999(2)AWC1485; (1999)2UPLBEC995

..... sri venkateshwara hindu college of engineering, (1997) 3 scc 571, the court held therein, inter alia, as under:'a co-operative society registered under the co-operative societies act, 1965 and the rules made thereunder may be a private body but it certainly caters to the needs of public and the employees being the arm of the society cannot be dealt with by the society in an arbitrary manner. ..... and others, (1998) 3 uplbec 1867, one of us (s. r. ..... co-operative societies act, 1965. .....

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Jul 05 2013 (HC)

P.Rahim Vs. E.P.Jayarajan

Court : Kerala

..... in this juncture, it is also relevant to note that though mr.asaf ali, the learned director general of prosecution submitted that the transaction involved in the case attracted various provisions of the p.c.act, he has miserably failed to substantiate the same in the given facts and circumstances of the case, particularly when the respondent, who is one of the leaders of c.p.i(m), is appointed to the post of general manager of deshabhimani printing and ..... , it is concluded as follows:- "the enquiry so far conducted has revealed that deshabhimani is registered under press and registration of books act-1867 and not under companies act. ..... submitted that the facts and circumstances involved in the case particularly the allegations, attracted the various provisions of the p.c.act and if this court orders further investigation, the state is ready to undertake such investigation and lay a report.8 ..... according to me, this court need not go into the question whether the provisions of the p.c.act are attracted in the present case or not, in the light of the given facts and circumstances of the ..... .m.c.no.1499 of 2013 :-13-: even though the petitioner had pointed out that the suspect officer has committed offence u/s.2, 8 and 9 of pc act, he could not give any material evidence either oral or documentary to prove the offence. ..... is also clear that no evidence could be collected to attract the offences under section 2,8 and 9 of the p.c.act and the complainant has also failed to furnish any evidence. .....

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Jul 24 1941 (PC)

Ramu Bala Sankpal Vs. Jana Dala Patil

Court : Mumbai

Reported in : (1941)43BOMLR920

..... it is argued that the whole idea of an unchaste widow performing a religious act of this kind in a state of unchastity, even though it be for the benefit of her husband's soul, is repugnant to hindu ideas; that a woman of this sort is a degraded woman within the meaning of the texts; and that though the ..... bhiku (1867) 4 b.h.c.r. 25. ..... he concludes with the following sentence:--considering, however, the present state of law as to the effect of a widow's unchastity, there is no cogent reason against an adoption by an unchaste widow, for it would rather be an act of self-sacrifice on her part. .....

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