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 the whole contention, therefore, centres round the point whether the second mortgage in the present case rescinded or discharged the obligation created by the first and .....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 .....
Tag this Judgment!Court : Chennai
Reported in : AIR1952Mad671; (1952)1MLJ611
..... consideration e.g., a transfer made in pursuance of a compromise of a family dispute would not be a sale and might be altogether outside the provisions of the act.'far from supporting the contention of the learned counsel, it lays down that price can be the discharge of a pre-existing debt. the observations of the learned chief ..... the dower debt, when ascertained, was a debt the discharge of which will amount to payment of 'price' within tha meaning of section 54 of the transfer of property act, and therefore, the transfer for consideration of such a debt is a sale, which requires a written instrument duly registered.20. we shall now turn to the decisions of ..... reciprocal gifts but is only one contract.17. it is not necessary to refer to the various decisions, which have dealt with this question and laid down that both the acts form only one transaction and that they do not involve two reciprocal gifts.18. the ruling of the allahabad high court in 'mt. kulsum bibi v. shiamsunder lal'. : .....
Tag this Judgment!Court : Mumbai
Reported in : 1954CriLJ366
..... a judicial nature, on the result of which the government, under section 22, is required to pass orders one way or the other.under this act, the government acts virtually as an appellate court with power to affirm, reverse or modify the recommendations of the special commissioners. so far as the enquiry itself is concerned ..... which is likely to prejudice mankind against them, then, irrespective of whether the matter is indictable, we would expect the press and the public men to act with the greatest caution before publishing any such inflammatory statement or narration. in this context we appreciate the apologies, in some cases wholly unconditional, which have ..... to the instant case. the commission in question was obviously appointed by the state government 'for the information of its own mind', in order that it should not act, in exercise of its executive power, 'otherwise than in accordance with the dictates of justice and equity' in ordering a departmental enquiry against its officers, it .....
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