Court : Punjab and Haryana
Reported in : AIR1959P& H50
..... civil court of original jurisdiction, the answer to the second question must also be in the negative and a district judge, to whom a petition under the act is presented cannot transfer it to an additional district judge.17. before concluding i may venture to suggest that if this interpretation gives rise to any practical ..... court of the district judge, additional judges have been permanently or temporarily appointed, the petitions filed in the court of the district judge under the hindu marriage act can be allotted by him for disposal to an additional judge. indeed, as the learned judge who has referred the matter evidently thought, there would have been ..... of additional district judge. the court of additional district judge, therefore, cannot be considered to be a civil court of original jurisdiction under the hindu marriage act particularly when section 20 lays down that there shall be only one district judge in each district and section 24 provides that the court of district judge shall .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1960All87
..... counsel for the petitioner is that there has been delegation of essential legislative power. the argument of the learned counsel is that under section 37 of the indian electricity act the central electricity board has been given power to frame rules. thecentral electricity board framed rule 45 (rule 48 of the old rules). rule 45 provides that no ..... was hanging downwards and the old lady got electrocuted after touching it. it is also stated in the counter affidavit that smt. subba laxmi and her sister rajjam bal who were accompanying the old lady also staged that the deceased caught hold of the wire by left hand and fell down on the ground.3. a rejoinder ..... given preference over new applications for permits.'9. even for the renewal of a permit an application has to be made under section 57 of the motor vehicles act. the application for renewal as also fresh applications for a contract carriage permit or a private carrier's permit are all published in the government gazette and objections .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1960SC280; [1959]37ITR415(SC)
..... tax appellant tribunal by its order dated 8th june, 1951. 4. the appellants thereupon applied to the high court under section 66(2) of the income-tax act praying for for rule upon the respondent to show cause why the income-tax appellant tribunal should not state cases relating to the above four assessment proceedings and refer ..... were also dismissed on the 3rd december, 1949. 3. the appellants thereafter applied to the income-tax appellant tribunal under section 66(1) of the income-tax act requiring the said tribunal to state cases and refer certain questions of law to the high court at calcutta, for its opinion. these applications were registered as reference applications ..... the income-tax officers discovered that certain money had been received by the appellants from the manager he issued a notice under section 34 of the income-tax act in regard to the assessment year 1938-39. when in these income-tax returns were considered by the income-tax officer he came to the conclusion that certain .....
Tag this Judgment!Court : Chennai
Reported in : AIR1960Mad467
..... few and practically incapable of definition. 4 halsburys 3rd edition page 211; see also ram saroop v. s. p. sahi : air1959sc951 (a case under bihar hindu religious trusts act); and also moti das v. s. p. sahi : air1959sc942 . to this class 'public' belong all trusts for charitable purposes and indeed 'public' trusts and 'charitable' ..... (6) vaiswadev sacrifice and (7) hospitality. the purtta works not only signified such works of public utility as excavation of tank, wells, etc. but included all acts which either conferred some kind of benefit on those who were in need of it, or were regarded as meritorious from the spiritual or religious point of view.from the ..... by istha is meant vedic sacrifices, and rites and gifts in connection with the same; purtta on the other hand means and signifies other pious and charitable acts which are unconnected with any srauta or vedic sacrifice. the meaning of these two expressions has been discussed elaborately by pandit pran nath saraswati, in his tagore .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1960Cal577
..... position would have been different if the 'definition' had been inconsistent with the provision made in what has been termed the substantive section.50. if the act itself does not confer jurisdiction on the high court, the framing of the rules by the high court on the erroneous basis that it has jurisdiction is ..... not raised and discussed in the said two judgments. nonetheless, those observations cannot be lightly brushed aside.44. hence, on the above considerations the hindu marriage act 1955 clearly conferred exclusive jurisdiction to the city civil court and there by widened the range of jurisdiction of the city civil court.45. the legislature can, ..... ,000/- or such other words.39. therefore the court is obliged to importthe meaning of 'district court' as given in the definition in section 19 of the act with the inevitableresult that the city civil court has exclusivejurisdiction irrespective of the question of pecuniary valuation.40. in sm. himarani roy v. kalyan kumar roy, matrimonial .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1960P& H530
..... 214(p) of 1951 smt. kishni inherited her husband's landed property and gifted the same in favour of her daughter before the enforcement of the hindu succession act. kishan singh, a fifth-degree collateral of the deceased husband of the widow, brought the usual suit for declaration that the gift was not binding on his reversionary ..... through her and are estopped as much as she was. secondly, they have not the same right as was possessed by the presumptive reversioners. the hindu succession act makes no provision for an alienation made without legal necessity by a widow before it came into force. therefore, no decree for a declaration about the invalidity of ..... section 15 the reversioners have ceased to exist. head-note (b) runs as follows:'though the alienation by the hindu widow made before the passing of the act is still vulnerable, the widow continues to be estopped from challenging the validity on the ground of want of legal necessity. the reversioners have completely disappeared by virtue .....
Tag this Judgment!Court : Chennai
Reported in : AIR1961Mad180
..... and kodavasal in respect of two buses.(2) in exercise of the powers conferred by section 43-a(2) of the motor vehicles act, 1939 (central act iv of 1939) the government of madras hereby direct the regional transport authority, tanjere to vary the existing route tanjore to kurnbakonam as tanjore ..... to koradacheri via kumbakoriarn and kodavasal. the government have carefully examined the representations with-reference to the conditions specified in section 47 of the motor vehicles act and in consultation with the transport commissioner, madras, have decided that present route tanjore to kumba-lonam should be varied as tanjore koradacheri via kurnbakonam ..... to koradacheri via kumbakonarn and kodavasal.on receipt of this application the regional transport authority published a notification under section 57(3) of the motor vehicles act. there were two other operators on the route kumbakonam to kodavasal, namely, messrs. raman and raman and sri rama vilas service ltd. sri rama vilas .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1961P& H352
..... of the rights and liabilities of the parties under the contract 13. this brings me to the question of limitation. there is no specific provision in the limitation act which would be applicable in the present situation, and under the residuary article 120, the limitation of six years would run from the time when the right to ..... the municipal committee, the first defendant would have been able to set up by way of defence a case for restitution under section 64 of the indian. contract act. a decree in favour of the plaintiffs in the present suit might preclude the first defendant from claiming compensation from the municipal committee on basis of a quasi- ..... section shall be binding on thecommittee'.admittedly, the contract of sale did not conform to the requirements of sub-section (2) of section 47 of the punjab municipal act. it was proposed bysome municipal commissioners in a resolution, of 16th of october 1954 to file a civil suit against the first defendant to recover the land because .....
Tag this Judgment!Court : Chennai
Reported in : AIR1961Mad518
..... 53-a of the transfer of property act and whether the doctrine of part performance could be invoked by a party claiming to bein possession by virtue of a partition under an -in-registered deed. the question ..... conflictingcontentions on this head. while one side claimsthat a partition does not amount to a transfer andthat the division in status is by operation of law andnot by an act of parties, the other side urges theopposite view. in radhakristnayya v sarasammal, : air1951mad213 , hiequestion arose whether a partition is a transfer within the meaning of section ..... . naunihal singh, 36 ind app 71. their lordships of the privy council observe, after referring to appovier v. ramasuhba aiyan, 11 moo ind app. 75 and bal-kishendas v. ramnarain sahu, 30 ind app. 139 :'in both these cases, the members of a joint hindu family, some of them being minors .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1963Guj183
..... who is the present applicant, he was added as a party-defendant and became qefendant no. 4. in that suit, the learned civil judge came to the conclusion that bal godavri had remarried and decreed the suit. against that decision there was an appeal to the district judge, mehsana, being no. 102 of 1956. in that appeal, the learned ..... death of her husband dhirajram kripashanker, she contracted a re-marriage on 16th november 1954 with one harishanker. the plaintiffs case was, therefore, that godavri having committed a bad act, under the terms of the gift deed, he, being the sole surviving donee ot the two joint donees, was entitled to recover possession of the property, which was the ..... no. 1 in the suit made a gift of the property in the suit to the applicant raval prabhulal bapalal, who is the plaintiff in the suit and one bal shivganga jointly. bai shivganga was a sister of the husband of godavri. sometime after the execution of this deed, bai shivganga died with the result that under the deed .....
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