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 .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1962Cal295,66CWN176,[1962]46ITR953(Cal)
..... number, is a joint one, and four trustees form, as it were, one trustee. this is also pointed out by mukharji, j., in shri mahadeb jew v. bal krishna vyas : air1952cal763 , quoting lewin on trustees 14th edn. at page 196 where he says 'where the administration of the trust is vested in co-trustees they all form ..... a beneficiary or cestui que trust, the latter connotes an agency which brings about a relationship as between principal and agent between the parties, one of whom is acting on behalf of another. section 11 (1) therefore can only come into operation where the land from which agricultural income is derived is held by such common manager ..... by a duly executed instrument in writing whether testamentary or otherwise (including the trustee or trustees under any wakf of deed which is valid under the mussalman wakf validating act, 1913), are entitled to receive on behalf of any person, the tax shall be levied upon and recoverable from such ....... trustee or trustees, in thelike manner and .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1962SC955; 1962(0)BLJR636; (1963)IMLJ40(SC); [1962]Supp2SCR769
..... restrictions, and, therefore void and unconstitutional. in brij bhushan's case : 1950crilj1525 , the same majority struck down s. 7(1)(c) of the east punjab public safety act, 1949, as extended to the province of delhi, authorising the imposition of restrictions on the freedom of speech and expression for preventing or combating any activity prejudicial to the ..... penal code, and of sub-para (e), sub-rule (6) of rule 34 of the defence of india rules. their lordships approved of the dicta in the case of bal gangadhar tilak i.l.r. (1898) 22 bom. 112, and in the case of annie basant v. advocate general of madras i.l.r. (1919) indap 176, ..... or small. whether any disturbance or outbreak was caused by these articles, is absolutely immaterial. if the accused intended by the articles to excite rebellion or disturbance, his act would doubtless fall within section 124a, and would probably fall within other sections of the penal code. but even if he neither excited nor intended to excite any rebellion .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1963Bom121; (1963)65BOMLR65; ILR1962Bom664; 1963MhLJ205
..... a department is its head. one of the parties to the dispute before the state government was the transport department functioning as a statutory authority under the act. the head of that department received the objections, heard the parties, recorded the entire proceedings and presumably discussed the matter with the chief minister before ..... , are completely violated by the procedure adopted in the instant case.46. in our opinion, the ambit of jurisdiction within which the disciplinary tribunals must act and the fairness with which the enquiries are required to be conducted and concluded, has been laid down in judicial pronouncement with sufficient clarity in several ..... to take action under the central services (classification, control and appeal) rules which are statutory rules framed under article 309 of the constitution, is expected to act in a quasi-judicial manner. in all questions before it, the matter must be considered judicially. though it is not a court, the rules of natural .....
Tag this Judgment!Court : Chennai
Reported in : AIR1963Mad106
..... was different from the contract pleaded by the plaintiff, and therefore, specific performance was not possible. this was not a case where section 14 of the specific relief act should have been applied.4. the point for determination, in this appeal, are (1) whether the suit agreement had been executed by the first defendant without ..... relinquishment of the claim to further performance can be made at any stage of the litigation and the plaintiff can claim relief under section 15 of the specific relief act. this has been followed by the calcutta high court in dwijendra kumar v. monmohan de, : air1957cal209 , where it observed that the relinquishment can be made even ..... into account. in these circumstances. i am of the opinion that the equitable relief of specific performance within the terms of section 15 of the specific relief act, can be granted to the plaintiff.13. consequently, i allow this petition and permit theplaintiff to relinquish his relief in regard to item 2. theappeal is allowed .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1963HP25
..... abating the suit. an order of abatement may, however, be set aside on an application filed within 60 days of the abatement. the provisions of section 5 of the limitation act apply to applications for the setting aside of abatement. 6. it has already been seen that rule 2 of order 22, civil p. c., provides that where there are more .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1964SC593; [1964]5SCR45
..... greatly prejudiced in their profession. the provisions made in the rules for original side of the said court and for barristers are ultra vires the indian bar council's act and/or amounts to discrimination.' 4. thus, the gist of the petitioners' complaint is that they have been denied by the state equality before the law. the ..... accommodation. the bar library club continued to have its separate accommodation from that allotted to the vakils, as they were called until the passing of the indian bar councils act (xxxviii of 1926). it was again the result of british rule in india, which introduced their own legal system in this country, that the member of the english ..... exercised in the matter of admission and that any application for admission shall be dealt with on its merits. of course, only those advocates who undertake not to act shall be eligible for admission as members of the club.20. this arrangement, agreed to by the respondents 3 and 4 representing their club, is a great improvement .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1964Guj261; 1964CriLJ676; (1964)0GLR255
..... whose depositions before the committing magistrate were brought on the record of the sessions court, were not confronted in the manner required by section 145 of the indian evidence. act and what happened was that when they were asked something about their previous statements, they replied that they were made under coercion. aftsr setting out the provisions of section ..... the point.'the relevant passage in this connection is at page 25, para 5; but it does not appear from the report that the decision of the privy council in bal gangadhar tilak's case, 42 ind app 135 : (air 1915 pc 7) (supra) was cited before the learned judges of the patna high court; and in view ..... not drawn to those parts of the first information report which are sought to be used for the purpose of contradicting vaikunthlal's testimony in court. in the case of bal gangadhar tilah v. shriniwas pandit, 42 ind app 135 : (air 1915 pc 7), the judicial committee of the privy council considered the effect of the provisions of .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1965AP332
..... constitution. the regional committee was clothed with power to make recommendations regarding admissions to educational institutions in the telangana area. thus, the regional committee had acted within its powers in recommending reservation in this behalf. it was these recommendations that were given effect to by the academic council pursuant to the requirements of ..... of schedule v of the constitution is in the following terms :'notwithstanding anything in this constitution, the governor may by public notification direct that any particular act of parliament or of the legislature of the state shall not apply to a scheduled area or any part thereof in the state or shall apply to ..... these provisions fell for consideration in air 1962 andh. pra. 212 in which sections 6 and 26 of the osmania university act were the subject-matter of interpretation. section 26 of act ix of 1959 provided that the academic council of the university had to give effect to the recommendations of the regional committee .....
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