Court : Kolkata
Reported in : AIR1954Cal404
..... ) of section 113, transfer of property act furnished no safe or absolute guide and in relation to such cases they expressly made the following observations, viz.,'the mere fact that the landlord accepts rentafter giving the ..... 1 kb 577 (h), which support the view i have expressed above. same remarks apply to the case of this court in -- 'bengal nagpur rly. co. v. firm bal mukunda biseswar lall', air 1923 cal 663 (i), where at page 665 of the report the learned judges recognised that for cases coming under the rent control law illustration (a ..... the plaintiff's husband, namely, to relieve the defendant-appellant from depositing 'rent' with the rent controller which was necessary for his protection under the rent control act but which he was finding 'difficult and costly/'11. in view of my above finding the payment and acceptance of the rent in question must be held to .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1954All538; (1954)IILLJ279All
..... pradesh by its notification, dated 11-1-1950 as subsequently amended, was not in accordance with law. the function of a court of enquiry under the industrial disputes act (act no. 14 of 1947) is merely to report on any matter appearing to be connected with or relevant to the industrial dispute after holding an enquiry. for ..... directed by that notification that the court of enquiry was to enquire into the matters referred to it immediately and, as provid-ed in section 14, industrial disputes act (act no. 14 of 1947), submit its report not later than two months from the commencement of the enquiry. as a consequence of the appointment of the court ..... dispute between the employers and the employees of the sugar factories and the uttar pradesh government, in exercise of the powers conferred by sections 6 & 10, industrial disputes act (act 14 of 1947), issued the labour department notification no. 167 (st)/xviii, dated january 11, 1950, appointing a court of enauiry and referring the dispute to it .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1954SC236; [1954]1SCR817
..... seat. jasani's election was challenged on the ground that he was subject to the disqualifications set out in section 7(d) of the representation of the people act (act xliii of 1951) as he was interested in a contract for the supply of goods to the central government. 6. the election tribunal held that the rejection of ..... the caste system and follow the rituals of their own caste and carry on social contacts with their caste people and marry among them. similar views are expressed by bal krishna mahanubhav shastri. but we are not really concerned with their theology. what we have to determine are the social and political consequences of such conversions and that ..... 1952crilj955 . 51. none of these provisions is quite the same as article 299. for example, in article 166, as also in section 40(1) of the government of india act of 1935, there is a clause which says that 'orders' and 'instruments' and 'other proceedings' 'made' and 'expressed' in the name of the governor or governor-general in .....
Tag this Judgment!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 : Chennai
Reported in : (1956)1MLJ513
..... trust providing for the management. in other words, the position of a karta which is acquired by birth and regulated by seniority, subject of course to his capacity to act, is terminable by resignation or relinquishment and is not indefeasible.15. bearing these principles is mind, if we examine the terms of the trust deed, we find clear recitals ..... have his share allocated separately from the others. girija bai v. sadhasivam (1916)31 m.l.j. 455 :1916 l.r.43 indap 151 : i.l.r. 43 cal. 1031, bal krishna v. ram krishna ; sahu v. makhna (1939) 2 m.l.j. 569 : i.l.r. (1939) all. 680, ramasubbayya v. ganapathy : air1940mad217 , ramjugheswar v. jagadhar l.r. ..... rarely have, unless he enters on the management, the means of controlling and rightly directing the actual application, and a bona fide creditor ought not to suffer when he acted honestly and with caution, but is himself deceived. in addition, the sons of subramania mudaliar, so long as the antecedent debts recited in the sale deed are not .....
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, .....
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