Court : Chennai
Reported in : AIR1955Mad455
..... -479; rash behary ghose (tagore law lectures, 4th edn,, 1914). (thacker spink and co., calcutta), vol. ii, p. 777 and foll; chitaley and annaji rao's transfer of property act, a.i.r. publications, edn. 3 (section 69); gour's law of transfer in british india, edn. 6, vol. ii, section 69; and the well-known standard works on ..... -- haddington island quarry co. ltd. v. huson', (1911) 81 ljpc 94 (h)).but at the same time, it is incumbent on the mortgagee exercising his power of sale to act in good faith and he must sell as a prudent owner, intending to sell his own properly with reasonable conditions and if the state of the title justifies, to offer ..... of the mortgaged property which was necessary for the more beneficial enjoyment of the house. under the said mortgage deeds a power of sale under section 69, t. p. act has been conferred on the mortgagee, the muthialpet benefit fund ltd., who can exercise the said power in the event of default committed in the repayment of the mortgage dues .....
Tag this Judgment!Court : Orissa
Reported in : AIR1956Ori73
..... this observation, therefore, is an authority for the proposition that if there was a partition at the instance of the widow succeeding to her husband's interest under the act then that interest would devolve on her death, on her husband's heirs and not revert to the coparcenary as it had already been disrupted.so, though there are ..... no dispute between radha bai and her son and radha bal did not alienate her interest in favour of the plaintiff.the learned judge referred to the cases of the madras high court in -- 'parappa v. nagamma', air 1954 ..... of a deceased coparcener has the right to alienate her husband's interest in the joint family property which devolved on her on the death of her husband under the act, without claiming partition of the interest. the learned judge chaturvedi j. in the madhya bharat case distinguished this case holding that in the case before him there was .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1956SC541; 1956CriLJ945; [1956]1SCR476
..... minister and the chief minister of the punjab government. the question, however, remains whether, in uttering these slogans, they committed an offence under section 9 if the act. section 9 of the act reads as follows :- '9. whoever - (a) makes any speech, or (b) by words, whether spoken or written, or by signs or by ..... additional sessions judge also found against the appellants and observed that the slogans were highly objectionable and they fell within the ambit of section 9 of the said act, that by raising those slogans the appellants undermined the public order as well as decency and they also amounted to defamation. he, therefore, maintained the conviction ..... was prejudicial to the security of the state and the maintenance of public order and thereby committed an offence punishable unable section 9 of the security of the state act'. 3. the appellants pleaded not guilty and claimed to be tried. they also led evidence in defence. the learned magistrate, however, disbelieved the defence and, .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1957All136
..... like ajmer and coorg.on november, 24, 1951 all the provisions, mentioned above were applied to part b states and new chapter v-a, added to the act by act no. 53 of 1951, was applied to the whole of india except jammu and kashmir, on february 24, 1952 the rest of the chapters, namely, chapters ..... of lower mainland dairy products sales adjustment committee v. crystal dairy, ltd., 1933 ac 168 (p), is instructive on this point. the dairy products adjustment act--an act of the province of british columbia--provided for the appointment of an adjustment committee for the purpose of insuring that products of milk received the same return whether ..... and employment injury and to make provision for certain other matters in relation thereto. for the purpose of administration of the scheme of employees' state insurance the act established a body corporate known as the employees' state insurance corporation on which are to be representatives inter alia of the. central government and the states, of .....
Tag this Judgment!Court : Orissa
Reported in : AIR1957Ori157; 23(1957)CLT142
..... by plaintiff and deals with a transfer made by the said ostensible owner and if the transferee, after reasonable ascertainment that the transferor had power to make the. transfer, acted in good faith. on a view of the title deed in favour of defendant no. 2 and the discharged mortgage bond, defendant no. 1 took the transfer from the ..... defendant no. 2 to transfer the properties to defendant no. 1, either express or implied. this is not what is contemplated under section 41 of the transfer of property act. this section only requires that with the consent, express or implied, of the plaintiff, defendant no. 2 is tho ostensible owner of such properties and he is such ..... that the transferor was not authorised to make it : provided that the transferee, after taking reasonable care to ascertain that the transferor had power to make the transfer, has acted in good faith.'in the leading case on this point in ramcoomar v. mcqueen, reported in 18 suth wr 166 (a), the judicial committee laid down, 'it is .....
Tag this Judgment!Court : Kerala
Reported in : AIR1958Ker111
..... of a member of a hindu family who is sui juris to separate himself in estate and interest by declaring this intention was thus stated by sir george lowndes in bal krishna v. ram krishna, 58 ind app 220 at p. 224 : (air 1031 pc 154 at p. 155) (q). it is now settled law that a ..... judges and each of the remaining five cases by full benches of three judges.these decisions while recognising that the change in the marumakkathayam law introduced by the nayar acts made the doctrine ofseverance of status applicable to nayars sought to introduce limitations to that doctrine unknown to hindu law.3. the decisions mentioned above and several division ..... date divided in estate. such an intention amounts to a valid separation, though not immediately perfected by an actual partition of the estate by metes and bounds. the acts and declarations of sohun singh, showing an unmistakable intention to hold and enjoy his own estate separately and to renounce all rights upon the shares of his co-parceners, .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1959All101; 1959CriLJ1
..... 308: 'the offence known as breach of the peace embrances a great variety of conduct destroying or menacing public order & tranquillity. it includes not only violent acts but acts and words likely to produce violence in others ....... -when clear and present clanger of riot, disorder, interference with traffic upon the public streets, or other immediate ..... persons hold the office one after another. the system of council of ministers continues even though different persons become ministers at different times. in the case of bal gangadhar tilak (d), 'government' was defined by strachey j. as 'british rule and its representatives as such -- the existing political system as distinguished from any ..... said to be completed. this is the plain interpretation of the language used in the section and is supported by the highest authorities. in queen empress v. bal gangadhar tilak, ilr 22 bom 112 (d); strachey j. observed at p. 135: 'the offence consists in exciting or attempting to excite in others .....
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 .....
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