Judgment Search Results Home > Cases Phrase: sashastra seema bal act 2007 section 128 finding and sentence of a summary force court Sorted by: old Page 3 of about 879 results (2.329 seconds)

Mahabir Prasad Vs. Syed Mustafa Husain

Court : Mumbai

Reported in : (1937)39BOMLR990

..... with the result that it was good so far as regards the children who were of age and wholly void under the indian contract act (section 11) as regards the four who were minors.14. upon a question whether an oral statement amounted to a will the greatest ..... discarded. the approach of death made it necessary for mir fida husain to do something and yet impossible to complete anything by his own act. in this dilemma what did he do?12. their lordships cannot agree with the chief court that what he is proved to have ..... impose a legal obligation so to do.11. mir fida husain was a practising lawyer of rae barelli and had studied the wakf validating act (vi of 1913). the evidence is that he had intended to make a wakf-alal-aulad himself and there is some evidence that ..... benefit students of the asna ashari sect.8. a wakf-alal-aulad having thus been made of mir fida husain's property, it was acted on for two years, more or less; but on october 21, 1924, five of the sons sued the widow' and the sixth brother .....

Mahabir Prasad and Another Vs. Syed Mustafa HusaIn and Others

Court : Privy Council

..... with the result that it was good so far as regards the children who were of age and wholly void under the indian contract act (s. 2) as regards the four who were minors. upon a question whether an oral statement amounted to a will, the greatest ..... discarded. the approach of death made it necessary for mir fida husain to do something and yet impossible to complete anything by his own act. in this dilemma, what did he do? their lordships cannot agree with the chief court that what he is proved to have said ..... might benefit students of the asna ashari sect." a wakf-alal-aulad having thus been made of mir fida husain's property, it was acted on for two years, more or less ; but on 21st october 1924, five of the sons sued the widow and the sixth brother ..... husain, but wrongly represents his speech as a will though it was intended only as advice to his heirs as to how they should. act after his death. on 28th january, 1922, the widow, mt. azmat-un-nisa, executed a deed of wakf of which the opening .....

Baij Nath Prasad and ors. Vs. Ram Gopal Lachhmi Narayan and ors.

Court : Kolkata

Reported in : AIR1939Cal92

..... trading family persists even; after severance and is enlarged into something akin to an ordinary contractual partnership, because all the essentials of the definition contained in section 4, partnership act, are present. this is shown by or is to be inferred from the statement in the terms of settlement as regards the 'meeting losses,' to which i referred ..... a consequential decree or not : girja bai v. sadashiv dhundiraj (1916) 3 a.i.r. p.c. 104 : see also the opinion of sir george lowndes in bal krishna v. ram krishna , where his lordship says this:it is now settled law that a separation may be effected by a clear and unequivocal intimation on the part ..... ownership in a trading business created through the operation of hindu law between the members of an undivided hindu family, cannot be determined by exclusive reference to the contract act (9 of 1872). it must be considered, also with regard to the general rules of hindu law which regulate transactions of united families. melvill j. in his .....

Uma Shanker Vs. Ram Charan

Court : Allahabad

Reported in : AIR1939All689

..... then nearest reversionary heir, expectant upon the death of a widow in possession, and to transfer it upon possession accruing to him, is void. the transfer of property act, 1882, section 6(a), which forbids the transfer of expectancies would be futile if a contract of the above character was enforceable.13. in the course of their ..... bargain de future, they could uphold it as a contract when it is a contract to which, not only must specific performance be refused under the transfer of property act, but as to which damages can never be recovered, because the contract is not a performable contract until the realization of the expectations occurs.6. the principle of ..... other with what the legislature refuses to recognize as rights, but styles as a mere chance incapable of being transferred. it would be defeating the provisions of the act, to hold that though such hopes or expectations cannot be transferred in present or future, a person may bind himself to bring about the same results by giving .....

Mt. Kaura Devi Vs. Mt. Indra Devi

Court : Allahabad

Reported in : AIR1943All310

..... lordships of the privy council did not lay down any such rule. they did not consider the question whether unsoundness of mind could in any circumstance invalidate a hindu marriage. acting on the hypothesis that it might, they pointed out that the degree of unsoundness would always have to be considered and, in the particular case before them, the man whose ..... the name of raghubans puri. in 1917 his mind began to fail and in 1918 one nand gir was appointed manager of his property under the provisions of the lunacy act. we have on the record a copy of the deposition of captain reader of the royal army medical corps recorded on 21st february 1918 and a certificate issued by him .....

Durga Das Pan and ors. Vs. Santosh Kumar Pan Minor Represented by Sm. ...

Court : Kolkata

Reported in : AIR1944Cal428

..... for in the matter of filiation, as in the case of secondary sons of other descriptions recognized in the ancient hindu law, 'the husband is the prime author of the act (of filiation) and the wife is only the instrumental means.' he pointed out that his view on the point was not inconsistent with the view that a husband could adopt ..... without the concurrence of his wife, as 'by reason of superiority of the husband by his mere act of adopting the filiation of the adopted as son of his wife is completed.' having regard to the question he was discussing existence of a wife must of necessity be ..... his soul from falling into the region of torment. where therefore a person has no aurasa son but creates a substitute by adoption he does the act primarily for his own spiritual welfare. that act would no doubt result in conferring benefits on the adopter's ancestors, for the adopted son would offer to them pindas at the parvana sradh but .....

Emperor Vs. Ajit Kumar Ghosh and ors.

Court : Kolkata

Reported in : AIR1945Cal159

..... before the committing magistrate, it must nevertheless be remembered that this application of section 288 of the code is 'subject to the provisions of the evidence act, 1872.' in substance the prosecution sought to contradict the evidence given by baser before the trial judge by a portion of his statement made before the ..... which therefore should not have been admitted in evidence.14. further, 13 depositions of prosecution witnesses before the committing magistrate were filed under section 145, evidence act, apparently for the purpose of contradicting some portion of the testimony which these witnesses gave before the learned judge. in the case of the majority of these ..... which he was recorded as having made before the committing magistrate. there was there fore no compliance with section 145, evidence act, and these previous statements should not therefore have been admitted in evidence. in bal gangadhar tilak v. sriniwas ('15) 2 a.i.r. 1915 p.c. 7 the judicial committee of the privy .....

Darshan Singh Vs. Parbhu Singh and ors.

Court : Allahabad

Reported in : AIR1946All67

..... is hypercriticism. the waqfnama was a registered document; everyone belonging to the family was a party to it; the existence of shree thakurji only shows that the waqf was acted upon. i, therefore, hold on the strength of this document, that the family was at least on this date a separated family. it now remains to consider the ..... under a scheme so obviously partial to zabar's branch and so obviously prejudicial to their interest. the waqf was given effect to in the revenue papers and was acted upon. the plaintiff has conceded that he has, in the past, brought suits for recovery of the annuity and has succeeded. the learned civil judge finds that the ..... |(b) sheo singh |sons of mathura singh(c) raghubar singh |and cousins of zabar.(d) rachhpal singh |(e) hazari siagh |brothers of zabar(f) kamod singh |(g) bal kishan |(h) raghunandan pra |strangers to the family,sadat page 212 is the specification of the names of the persons, who were granted annuities:1. darshan singh ... rs. 300 annually .....

Gobinda Chandra Saha and ors. Vs. Sasadhar Mandal

Court : Kolkata

Reported in : AIR1947Cal73

..... argued on behalf of the respondent that the law laid down in the above case goes further than is warranted by the express language of section 66, t.p. act, and a lease would be binding upon the mortgagee if it is not destructive or permanently injurious to the property or if the security is not rendered insufficient thereby. ..... a, simple mortgage in india unlike a legal mortgage in england does not arrest the mortgagor's power of lease in the ordinary course of management, and the mortgagor acts within his powers in creating a temporary lease which does not impair the value or impede the operation of the mortgage. the matter was considered elaborately by mookerjee and ..... lease is binding on the mortgagee or not is to be determined with reference to the law as it stood prior to the introduction of section 65a, t.p. act. under the old law, it seems that different views were expressed by different judges as regards the powers of the mortgagor to lease the mortgaged property. one line of .....

Durga Sankar Sukul and ors. Vs. Prafulla Chandra Nag and ors.

Court : Kolkata

Reported in : AIR1947Cal294

..... contemplates a ease where the adjustment or agreement extinguishes the previous obligation and replaces it by another or substituted obligation within the meaning: of section 62, contract act. the whole contention, therefore, centres round the point whether the second mortgage in the present case rescinded or discharged the obligation created by the first and ..... the intention of the parties. one should look to the substance of the matter and not to the form. this was laid down in khetranath sikdar v. harasukhdas bal kissendas : air1927cal538 . in har chandi lal v. sheoraj singh 3 a.i.r. 1916 p.c. 68 the judicial committee of the privy council held ..... air1944cal303 the decision in birbhadra chandra v. surendra prosad : air1944cal303 referred to above, was followed and it was again pointed out that section 2(16), bengal money-lenders act (10 [x] of 1940) defines the term 'principal of the loan.' unless there is anything repugnant in the subject or context it means the amount actually advanced .....