Court : Kolkata
Reported in : 4Ind.Cas.466
..... fide intention on the part of the donor to divest himself in presenti of the property, and to confer it on the donee. the question whether the transfer of property act was applicable was apparently not considered in mahomed esuph ravutan v. pattamsa ammal 23 m. 70 nor is it stated whether the deed of gift in that case was registered ..... transactions do not require delivery of possession, but, if it be granted that they were sales, they must come within the provisions of section 54 of the transfer of property act. that they are sales seems to us to follow from the definition given in that section and besides the section the following authorities may be cited, namely, macnaghten's mahomedan ..... is invalid by reason of the fact that possession was not delivered. if it is a sale or exchange, it is invalid under the provisions of the transfer of property act.4. it appears to us that the so-called gift was a sale. according to the plaint it was made in consideration of a dower debt of rs. 49, and .....
Tag this Judgment!Court : Kolkata
Reported in : 15Ind.Cas.698
..... ought not to be treated as a hiba bil-iwaz but as a deed of sale, and that, consequently, notwithstanding the provisions of section 129 of the transfer of property act, the validity of the instrument ought to be tested with reference to the provisions of section 54 of the transfer of property ..... act which provides that there may be a valid sale by delivery of the property. in our opinion, there is no force in this contention. the document in this case cannot .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1923Cal240,70Ind.Cas.194
..... this connection, we cannot overlook that although the judgment in the suit, by karimannessa against abdul kader, is admissible in evidence under section 13 of the indian evidence act, the findings contained therein cannot be treated as part of the evidence in this case. as was explained in kasi nath pal v. jagat kisore acharjee 35 ind. ..... might have been anticipated, denies that she became an attesting witness. we are not able to hold, in these circumstances, that the subordinate judge should not have acted on the evidence of abdulla khan. but it has been urged that great suspicion attaches to the document by reason of the diversity between what purports to have ..... registered on the 26th july 1899. on the 22nd march 1900 asia was, on her application, appointed by the district judge as guardian under the guardians and wards act, 1890, to administer the estate of her infant sister, sufia, during her minority, which,' it was stated in the certificate, would continue until the 13th december 1906 .....
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 : 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 : 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 : Kolkata
Reported in : AIR1960Cal577
..... position would have been different if the 'definition' had been inconsistent with the provision made in what has been termed the substantive section.50. if the act itself does not confer jurisdiction on the high court, the framing of the rules by the high court on the erroneous basis that it has jurisdiction is ..... not raised and discussed in the said two judgments. nonetheless, those observations cannot be lightly brushed aside.44. hence, on the above considerations the hindu marriage act 1955 clearly conferred exclusive jurisdiction to the city civil court and there by widened the range of jurisdiction of the city civil court.45. the legislature can, ..... ,000/- or such other words.39. therefore the court is obliged to importthe meaning of 'district court' as given in the definition in section 19 of the act with the inevitableresult that the city civil court has exclusivejurisdiction irrespective of the question of pecuniary valuation.40. in sm. himarani roy v. kalyan kumar roy, matrimonial .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1986Cal150,89CWN904
..... relationship amount to mental cruelty and it will be a valid ground for passing a decree of divorce under the provisions of section 13(ia) of the hindu marriage act. we have already held hereinbefore on a consideration of the evidence on record that the respondent wife, since after her marriage with the appellant, became suspicious about ..... environments, standard of culture and status in life of the parties must be taken together to form a composite picture from which alone it can be ascertained whether the acts of one spouse on another should, judged in relation to all the surrounding circumstances, be found to amount to cruelty.' 6. it has also been observed there that ..... 1977 last with an intention to break the matrimonial tie permanently. hence this application has been filed for a decree for divorce under section 13 of the hindu marriage act. 3. a written statement has been filed by the respondent wife stating, inter alia, that it was false to say that she was very whimsical and tried to .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1986Cal284
..... after the expiry of the period of one year after the passing of the decree for restitution of conjugal rights made under section 9 of the hindu marriage act 1955 (act 25 of 1955) the application for dissolution of marriage which has been filed has to be decreed if it is proved that there has been no restitution of ..... 4. thereafter on 24th of november. 1981 an application out of which the instant appeal has arisen was filed under section 13(1a)(ii) of the hindu marriage act 1955 in the court of the district judge at alipore for a decree for divorce by dissolving the marriage between the petitioner and the respondent-appellant on the ground ..... the petitioner's house in spite of the best attempts of the petitioner to bring her back. thereafter the petitioner made an application under section 9 of the hindu marriage act 1955 on 24th november, 1981, in the court of the additional district judge, alipore for restitution of conjugal rights. the said application was registered as matrimonial suit no .....
Tag this Judgment!Court : Kolkata
Reported in : 1987(11)ECC385,1987(27)ELT369(Cal),[1987]168ITR815(Cal),[1987]67STC209(Cal)
..... a large scale. by virtue of a notification issued by the central government on january 1, 1974, under, inter alia, the foreign exchange regulation act, every investigating officer and every inspecting officer employed in the special unit of the enforcement directorate at calcutta has been authorised to exercise all the powers ..... by kalyan kumar majumdar, the investigating officer of the enforcement branch, in which he has stated :'i being the competent officer under the foreign exchange regulation act, 1973, having reasons to believe that certain documents, including indian currency, foreign exchange and books of account which, in my opinion, will be useful for ..... are continuing. sittings of the arbitrator are held regularly at calcutta and new delhi. the petitioner has further stated that the petitioner is assessed under the income-tax act, 1961, where his status has been shown as ' non-resident '.15. on june 1, 1985, the assistant director, enforcement directorate, government of india, .....
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