Court : Allahabad
Reported in : AIR1915All421
..... 375. the instrument was sent to the collector, who considered it to be a release and referred the case to the board of revenue under section 56(2) of the act. the chief controlling revenue authority give it as their opinion that the two deeds read together constitute an instrument of partition liable to a duty of rs. 375 under article ..... 45, schedule i, of the stamp act. but as they consider the question as one of some difficulty, the case has been referred to this court. no one appears on behalf of the chief controlling revenue authority ..... we have carefully considered their contents and we are satisfied that as the deeds stand, they are instruments of release within the meaning of article 55, scheduler, of the stamp act. the case as put by the lady in her deed is that under the mayukha law, she is the owner of the property left by the deceased mathura das. the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1930All493; 129Ind.Cas.707
..... know that such an imputation about a woman would harm her reputation.3. next we come to the provisions of section 132, evidence act. two matters are to he kept in mind:(1) that the matter about which the witness makes a statement is relevant to the ..... when his own counsel was examining him. he further elaborated how mt. jamna's boy had to be smuggled in. he said that bal makund's wife gave birth to a female child which could not be taken, and mt. jaggo's husband's sister had a miscarriage ..... own and finally, the choice falling on a son of ml jamna of amritsar. he stated that three women were approached, one was bal mukand's wife another mt. jamna of amritsar and a third mt. jaggo's husband's sister. this was in examination-in-chief ..... within the definition of defamation given in section 499, i.p.c., and (2) that the statement was privileged under section 132, evidence act.2. it was admitted, as it could not be otherwise after the decision of the full bench of this court in emperor v. ganga .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1933All417
..... and the barrister-advocate here is that in england there is a complete division between the two branches of the legal profession. an english barrister wishing to act as a solicitor must first get himself disbarred. in my opinion it is of the utmost public importance that legal practitioners, where the two branches are combined ..... contracting. to hold that a barrister in british india is incompetent to enter into a contract for rendering professional services would, amount to amending section 11, contract act, by introducing an axception. in other words it would mean that barristers must be added (for certain purposes) to the classes of persons, like minors and lunatics ..... claims as against the applicant should have been dismissed. in his petition of revision the plaintiff contended that he was entitled to interest under section 73, contract act. the two petitions came up before the hon'ble the chief justice, and apparently before him the point was taken orally that the plaintiff being a .....
Tag this Judgment!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 .....
Tag this Judgment!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 .....
Tag this Judgment!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 .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1951All1
..... cause, then every other tax-payer may do the same, not only in respect to the statute here under review, but also in respect of every other appropriation act and statute whose administration requires the outlay of public money, and whose validity may be questioned. the bare suggestion of such a result, with its attendant inconveniences, ..... judicial form of proceedings, that courts of justice can interpose relief.'dealing with the question whether a single tax-payer can challenge the enforcement of a federal appropriation act on the ground that it was invalid and would increase the burden of his taxes, the learned judge observed :'his interest in the moneys of the treasury ..... its interests are directly affected.10. the further argument is that any person, whether his interests are directly affected or not, can file an application challenging any act of the legislature or the order of the government on the ground that it is ultra vires. in this connection we cannot do better than quote the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1951All86
..... v. abdul aziz khan : air1932all596 .46. the transfer in the present case must, therefore, be held to be a sale within the meaning of section 54, t. p. act, which could only be effected by means of a registered instrument. consequently, my answer to the question referred to the full bench is as follows: an oral transfer of immovable ..... transaction transfer to each other two properties in exchange for a price is that, such, a transaction would be governed by the provisions of section 54, t. p. act, which also govern sale transactions between muslims.44. the view taken in both the cases of kulsum bibi is neither in consonance with the view expressed by this court in ..... lieu of dower could or could not be made without a written and registered document did not arise in that case as it was decided before the transfer of property act came into force.rachhpal singh, j.36. realized that the 'precise legal position' of a gift for consideration 'must lie midway between gift properly so-called and sale .....
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 .....
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