Judgment Search Results Home > Cases Phrase: sarais act 1867 Sorted by: recent Court: privy council Page 1 of about 1,311 results (0.005 seconds)

Chairman of the District Board Vs. Bagala Kumar Chatterjee

Court : Kolkata

Reported in : 1950CriLJ33

..... section 188 (p) reads:rules regulating the establishment and maintenance of staging bungalows and sarais, the holding of fairs and exhibitions foe agricultural purposes and the granting of licenses for holding fairs or melas and fixing the fees in repeat ..... section 138 reads:it shall be lawful for the local government to make rules consistent with this act for any district board or local board 01 union committee for the purposes of ....if the local government can make it for any board it can make it for all boards and that is what it did in ..... section 100a, bengal local self-government act is in these terms :it shall be lawful for a district board to require the owner or the lessee of a fair or mela or an owner or a lessee of land intending to establish a fair or mela thereon, to obtain a license in this behalf from the district ..... ssasiona judge, however, points out that rules have been framed under section 138 of the act, and ha actually refers to the notification no. ..... a prosecution for breach of the statutory enactment, a breach of section 100a, bengal local self government act, and the prosecution is one expressly permitted by section 100d of the act.11. ..... local self-government act of 18s5. ..... the merits of the case, but he acquitted the opposite party boldiug that the district board were not era powered by law to issue iicense 3 for melas or fairs under section 100a of that act. ..... that by holding the mela the opposite party committed an offence punishable under section 100d of that act.3. .....

Radhakrishna Das Vs. Ramana Swami and anr.

Court : Orissa

Reported in : AIR1949Ori1

..... land in its original state ' where a man suffers in respect of one and the same right, whether of the person, property, or reputation, as the case may be, then if the act is not a continuing act but one over the consequences of which, when done, the doer has no further control, the cause of action is one and after recovery in an action for damage first accruing, no further ..... a fresh cause of action arises de die in diem--clark and lindsell on torts.where the wrongful act produces a state of affairs, every moment's continuance of which is a new tort, a fresh action for the continuance lies in which recovery can be had for damages caused by the continuance of the tort to the ..... of contract and in the case of a continuing wrong independent of contract, a fresh period of limitation begins to run at every moment of the time during which the breach or the wrong, as the case may be, continues.if the act complained of creates a continuing source of injury and is of such a nature as to render the doer of it responsible for the continuance thereof in cases in which damage is not of the essence of the action, as in trespass, ..... mahant divided the properties by ikrarnama and the junior chela took possession under the ikrarnama of the properties situate at bibi sarai in jajpur, while the senior chela remained in possession of the properties of the deity at bhadrak as mahant of the .....

Mt. Nawab Jan and ors. Vs. the Notified Area Committee

Court : Allahabad

Reported in : AIR1948All273

..... , amroha : air1925all234 , which lays down that 'the jurisdiction of the municipal board to issue a notice under section 211, municipalities act, would depend on whether or not the projection complained of overhangs a street. ..... it was also pleaded that section 321, municipalities act, operated as a bar to the plaintiff's suit as the appeal which she had filed to the district magistrate against the order of notified area committee had been dismissed by him on 13th ..... appears that the land to the east of the sarai was acquired by mt. ..... between the sarai and the goshala there is some land and the width separating them is ..... the land on which this chabutra lies was a way, that is to bay, a public street or a street and that for that reason the notified area committee had a right under section 211, up municipalities act, to require the plaintiff to demolish the encroachment. ..... place called auraiya, there is a sarai of which mt. ..... a public street is defined by section 2(19), municipalities act, which runs as follows:'public street' means a street-(a) which is declared a public street by the board under the provision of section 221, or(b) which with the consent express or implied, of the owner of the land ..... to the east of the sarai. ..... municipalities act is reproduced below:the board may at any time by written notice direct the owner or occupier of any land to stop the erection, re-erection or alteration of a building or part of a building or the construction or enlargement of 'a well thereon in .....

Janardan Govind Gore Vs. the Advocate General of Bombay

Court : Mumbai

Reported in : AIR1939Bom202; (1939)41BOMLR341

..... 5,000 (rupees five thousand only) be spent for some useful public purpose (sinking of a public well or construction of sarai dharma-shala or such other purpose as my executors may think fit) and be named after my parents (govind saraswati). ..... tendulkar for the executors contended that the words 'my community' although unambiguous in themselves are capable of a number of different meanings, and he submitted that he was entitled by section 80 of the indian succession act to adduce extrinsic evidence to show that these words admit of only one application which was intended by the testator.5. mr. ..... , habits and the state of the testator's family, which would' include the names of the testator's friends, on the principle of justice, equity and good conscience, and apart from sections 80 and 81 of the indian succession act, 1925. ..... all counsel before me are agreed that these cases exemplify difficulties such as are contemplated by the illustrations to section 80 of the indian succession act. mr. .....

Abdul Waheed Khan and anr. Vs. Ram Bux and ors.

Court : Allahabad

Reported in : AIR1939All49

..... present case it is admitted that the counsel who made the statement embodying the agreement to refer the dispute to arbitration, did not represent either the muslim residents of kheta sarai who had been specially impleaded by the plaintiff as necessary parties to the suit, nor two of the other muslim defendants who had not put in any appeals in the ..... the main contention on behalf of the applicants is that the whole proceeding which resulted in the award was void ab initio in as much as the muslim residents of kheta sarai who were a party to the suit and were highly interested in the subject-matter of dispute, were no parties to the agreement to refer the case to arbitration embodied in the statement made by ..... it may be mentioned here that, in answer to the suit filed by ram bux, which has been referred to above, a muslim zamindar of kheta sarai, named ashfaq ahmad, brought a suit against ram bux and other members of his family in which it was claimed that the balconies of the three houses, owned by ram bux, constituted an encroachment ..... it was no doubt argued in that case that the lower court had acted beyond its jurisdiction in passing a decree upon the opinion of the umpire which was not the opinion of the majority, but that was not an objection to the jurisdiction of the court to make a ..... secretary of state for india, the police officer, who had removed a portion of the balcony, as stated above and four mahomedans at whose instance the police officer was alleged to have acted. .....

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. .....

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. .....

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. .....

M. Akhtar HusaIn Khan and anr. Vs. Collector of District Bareilly and ...

Court : Allahabad

Reported in : AIR1933All623; 147Ind.Cas.272

..... and obtained a decree from the court of first instance declaring that for costs, horses and pedestrians to reach the plaintiffs' shop in the disputed chowk there is a right of passage from the west through the sarai road over the phar of the shops of defendants 1 and 2 and for perpetual injunction against defendants 1 and 2 ordering them to open that passage from any place they think convenient and never to block the ..... defendants 1 and 2 have come in second appeal to this court and an issue was remitted to the following effect:have the plantiffs acquired an easement of right of way over the land of defendants 1 and 2 from the sarai ahmad road on the west to the shops of the plaintiffs by user for a period of 20 years?2. ..... but section 15 of the easements act, lays down: each of the said periods of 20 years shall be taken to be a period ending within two year next before the institution of the suit wherein the claim to which such period relates is con-tested.4. ..... a person makes a payment for the use of land such user is by license and is not a user by right, and it is only a user by right which can give rise to a right of prescription within the meaning of section 15 of the easements act. ..... found that there was no period of 20 years' user ending within two years of the plaint, and therefore, the plaintiff has not established a right of easement by prescription within the meaning of section 15 of the indian easements act. .....

Cantonment Board Vs. L. Kanhaiya Lal

Court : Allahabad

Reported in : AIR1933All163

..... the taxts to which the premises are liable under the cantonments act, 1924 and notifications issued thereunder are house tax, water tax and ..... to accept this contention would be to allow an evasion of the provisions of the act, by which the jurisdiction of the civil court is excluded in matters relating to ..... appealed to the district magistrate in accordance with the provisions of section 84, cantonment act, on the ground that the decree of the civil court in suit no. ..... 'annual value,' as applicable to the building in question, is defined in section 64 of the act to bethe gross annual rent for which such building...is actually let, or, where the building...is not let...might reasonably be expected to let from year to year ..... the liability of a person to be assessed or taxed and that the only method by which the plaintiff could challenge the order of the cantonment board was as provided in the rules made under the provisions of the act for the assessment and collection of conservancy tax. ..... they considered that these provisions in the act also impliedly barred the jurisdiction of the civil court and that therefore the decision of the subordinate judge in the civil suit in question is a decision which is altogether without jurisdiction and of ..... claimed that the cantonment board was bound by the clause in the lease that taxation must be based on the net profits of the lessee while in occupation of the sarai. ..... be based upon the not profit of the lessee while in occupation of the sarai. 2. .....