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 .....
Tag this Judgment!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 .....
Tag this Judgment!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 the whole contention, therefore, centres round the point whether the second mortgage in the present case rescinded or discharged the obligation created by the first and .....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 .....
Tag this Judgment!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 .....
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 : Chennai
Reported in : AIR1952Mad706; (1952)IMLJ665
..... and should be honoured with food and presents. no doubt, the obligations so enumerated in the texts cannot be treated as obligatory but they are certainly acts which conduce to the spiritual welfare and contribute to the acquisition of spiritual merit in the other world. the persons who are dependants upon the last owner ..... for what are termed secular or worldly purposes. the alienations however for spiritual necessity can be justified only either if they were made for meeting the indispensable acts or duties which must be performed such as the 'shraddah' ceremonies or the marriage of the daughter and the like or even if they were made ..... benefit to the estate conferred by it must be established. the religious and charitable purposes are divided into two categories, the 'nityakarma' or obligatory acts and 'kamyakarma' or optional acts. the obligatory religious duties are the obsequies and the periodical ceremonies such as the annual ceremonies of the last male-holder, the performance of which .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1952P& H79
..... non-ancestral, we held that sisters were better heirs than collaterals more remote than the fifth degree in the absence of daughters or daughters' sons, (v) 'sukhwant kaur v. s. bal-want singh', air (38) 1951 simla 242. the parties in this case were twelfth degree collaterals and sisters. the case was from amritsar district. sitting with weston, c. j., i ..... where the property is non-ancestral. certain propositions were laid down at p. 251 of the report: 'the authorities show that; (a) the rule of succession under the punjab laws act, section 5 is personal law unless the person who relies on custom proves that the parties are governed by custom and what that particular custom is; (b) and personal law .....
Tag this Judgment!Court : Chennai
Reported in : (1954)ILLJ457Mad
..... , giving a detailed account of what, according to the petitioners, took place. in answer to this, counter-affidavits have been filed not only by the present acting secretary of the madura mills workers' co-operative stores, ltd., but also by the deputy registrar of co-operative societies, madura, who appointed a special officer ..... the proceedings. the registrar, by his letter, dated 29 march 1951, suggested the filing of a dispute under section 51 of the madras co-operative societies act before the additional joint registrar, madras, questioning the validity of the proceedings of the general body. this was not agreed to by the madura labour union and ..... the functioning of the co-operative stores became somewhat difficult and therefore the registrar of go-operative societies, madras, took action under section 43 of the act, superseded the board of directors and appointed a special officer for a period of six months which appointment terminated on 26 december 1950. the special officer convened .....
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