Judgment Search Results Home > Cases Phrase: sashastra seema bal act 2007 section 142 pardon and remission Sorted by: old Page 2 of about 2,312 results (1.393 seconds)

Mt. Kulsum Bibi Vs. Shiam Sunder Lal and anr.

Court : Allahabad

Reported in : AIR1936All600

..... gifted property admitted of.15. the important question to decide in this case is whether the gift though valid, is provable by oral evidence. under section 92, evidence act, no transaction which the law requires to be reduced to writing can be proved, except by the production and proof of the written instrument required by law. in the ..... registered instrument was necessary. accordingly he holds that no evidence can be given in proof of the oral gift, having regard to the provisions of section 92, evidence act.14. the gift is mentioned in a document addressed to the cantonment authorities by habib baksh intimating that he had made gift of the property now in dispute to ..... para. 125.6. it is conceded that a gift made under the rule of mohammadan law, would not be affected by the provisions of the transfer of property act. the contention however is that only those gifts which are voluntary and without consideration are excepted from the operation of the rules relating to gifts as defined by the .....

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 .....

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 .....

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 .....

Birendra Nath Raha Vs. Mir Mahabubar Rahaman and ors.

Court : Kolkata

Reported in : AIR1947Cal332

..... made a party. it was however held by the privy council in balkishen das v. simpson ('98) 25 i.a. 151, approving of the decision of this court in bal mokoond lal v. jirjudhan roy ('83) 9 cal. 271, that in a suit of this description, the secretary of state was not a necessary party. we may add ..... jurisdiction or, in the alternative, for having the sale set aside on the ground that it had not been held in accordance with the provisions of the revenue sales act. the usual incidental reliefs were also sought. the trial court made the declaration asked for and granted an injunction against the auction-purchaser, restraining him from interfering with the ..... and costs', the list is also inaccurate in so far as it describes such loans as 'declared realisable, under the certificate procedure' by section 7, land improvement loans act, 1883, for the provision referred to only says that the loans are recoverable as arrears of land revenue, but does not say that they are recoverable under the certificate .....

S.S. Yusuf Vs. Rex

Court : Allahabad

Reported in : AIR1950All69

..... the prisoner. in the course of his rejoinder, the learned counsel developed another point in this connection, namely, that the order was beyond the scope of the act because no question of public safety or public order or communal harmony was involved and, at the most, the question of the safety of private property--the plywood ..... the hon'ble shri lal bahadur sastri, police minister, directed the issue of the order. under the rules made by the governor under section 53 (3), constitution act, it is the minister-in-charge of the portfolios of police and transport, consisting of the departments of police, home affairs and confidential matters relating to the ..... practically every reported decision of this court and its predecessors as well as some unreported decisions of the chief court dealing with sections 3 and 5 of the act. reliance was also placed upon some english decisions and decisions of the judicial committee and of the federal court.8. the petitioner's learned counsel contended (1 .....