Court : Chennai
Decided on : Jan-27-1956
Reported in : AIR1957Mad583
..... or manager; and includes within its fold a household consisting of parents, children and servants and as the case may be, lodgers or boarders. under the mussalman wakf validating act, it is intended to be used in a broad and popular sense.popularly however the term indicates persons descended from one common progenitor and having a common lineage. it will ..... 1948, the suit filed by his father and two others for framing a scheme, should be set aside as his contentions were not properly put forth by his mother, who acted as his guardian in that suit. the learned subordinate judge of tanjore dismissed the petition (o. p. no. 20 of 1953) under order xxxiii, rule 5 (d) of ..... o. p. no. 7 of 1943 in the district court, west tanjore, against gaffoor sahib. but the court dismissed that petition holding that it would not go into the acts of the alleged mismanagement and as one of the two original mutawallis was functioning, there was no need to appoint another, gaffoor sahib died on 21-4-1946.7. then .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-26-1956
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
Decided on : Oct-05-1956
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 : Mumbai
Decided on : Dec-18-1956
Reported in : AIR1957Bom130; (1957)59BOMLR274; ILR1957Bom420
..... legislature could not have intended to give a retrospective effect to the second category of exclusion, namely, the exclusion of certain areas from the operation of the act upon the state government, by a notification, reserving the said areas for urban, non-agricultural or industrialdevelopment. the legislature of a state is a sovereign authority ..... (d) would show that the legislature conferred power on the state government to decide at any time or times after the coming into force of the act, whether certainlands would be required for urban, non-agriculturalor industrial development and to specify those lands by a notification. the government of the state might issue ..... mr. justice gajendragadkar and mr. justice chainani. it was also a case in which the exclusion of the land from the operation of the act followed directly from the act of the legislature itself. therefore, this case also would not help mr. karlekar's clients. the important feature which would distinguish the present case .....
Tag this Judgment!Court : Chennai
Decided on : Aug-01-1956
Reported in : AIR1957Mad106
..... that the plaintiff can be non-suit ed by raising such a plea.17. learned counsel's further argument based upon section 68(2) of the transfer of property act which lays down that for the money due on a mortgage a suit cannot be brought until the mortgagee has exhausted all his available remedies against the mortgaged property or ..... even though the plaintiff took a promissory note as security for the moneys due under the deposit and also became a mortgagee under an equitable mortgage there is no overt act of her's from which it can be conclusively held that she has waived her legal rights that would ensure in her favour because of the relationship of the depositor ..... barred.in any event learned counsel contends that the defendants cannot be made liable personally for the sum due. he invokes the application of article 59 of the lim. act where it is provided that for money lent under an agreement that it shall be payable 011 demand the period of limitation is three years from the time when the .....
Tag this Judgment!Court : Rajasthan
Decided on : Dec-04-1956
Reported in : AIR1957Raj302
..... made by all the legal representatives of abdul karim and that the application dated the 30th july 1951, was made after the time prescribed under article 176 of the limitation act, as such the suit abated as a whole. the appellants went in appeal to the court of the civil judge, bundi making abdul rehman as one of the respondents along ..... objection was taken by the respondent in that case that the widow of the deceased appellant was also one of the heirs under the hindu women's rights to property act and that as she was not brought on record, the appeal had abated. it was held that the appeal did not abate. this is one aspect ot the controversy. it .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Sep-05-1956
Reported in : AIR1957P& H117
..... affirm' a construction of which it is not susceptible or to read into the statute a meaning which is not within the manifest intention of the legislature gathered from the act itself. 10. their lordships of the privy council do not appear to have entertained any doubt as to the meaning of the expressions 'affirmance' and 'variance' and ..... payment of the decretal debt was realised by the receiver, half of which was the share of rajkumar jain. an application under section' 53 of the provincial insolvency act was made for the annulment of certain transfers made by pawanji kumar jain which included the deed of gift. the insolvency court annulled the deed of gift. the ..... transfer in favour of the donee kanak sunder bibi was without valuable consideration and she was not a purchaser within the meaning of section 53 of the provincial insolvency act. the order of the insolvency court in regard to the division of the other house was varied. the cross-objection of rajkumar jain was allowed to a limited .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-15-1956
Reported in : AIR1957SC304; [1957]1SCR68
..... the municipality. this contention is unsound for the simple reason that by using this phraseology the whole of the procedure laid down in the representation of the people act, 1950 (xliii 1950) is not bodily incorporated in the ajmer-merwar municipalities regulation, 1925 (vi of 1925). neither the regulation nor the rules which have ..... that the electoral roll for the parliamentary constituency had been finalised after going through the whole procedure in accordance with the provisions of the representation of the people act, 1950 (xliii of 1950) and, therefore, there was no necessity for making any further provision of that nature in the matter of the electoral roll of ..... as an elector of a municipality, a person has to fulfil two conditions, viz., (1) that he should be entitled under the representation of the people act, 1950 (xliii of 1950) to be registered in the electoral roll for a parliamentary constituency if that constituency had been co-extensive with the municipality, and (2 .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Sep-28-1956
Reported in : 1958CriLJ152
..... that the complaint is signed by a police officer.it is based on the fact that the police report is made after investigation and collection; of evidence. courts acting under section 476, criminal procedure code are themselves empowered to complete the enquiry and commit the accused under section 478 for trial. it is not as if, where they ..... there are sufficient grounds for the trial of the accused. the condition that there must be a nexus between the basis of classification and the object of the act, is also satisfied because the object framed by the legislature, is that the accused should be tried for serious offences such as those triable by a court ..... criminal procedure code.in all the revision petitions a common point of law is raised that section 207-a, criminal procedure code which was newly inserted in the code by the amendment act xxvi of 1955, is void as it is inconsistent with article 14 of the constitution. the contention is that the two kinds of procedure prescribed by section 207 .....
Tag this Judgment!Court : Allahabad
Decided on : Apr-26-1956
Reported in : AIR1956All562; 1956CriLJ1141
..... 'ultra vires' character of the impugned provisions of the act. in the present case the provisions of clause 6 (a) of the cotton textiles (control) order, 194s are as interwoven with clause 11 of that order, and ..... authority and not for furnishing any remedy to the affected person. 8. as has been pointed out by their lordships of the privy council in re initiative and referendum act', 1919 pc 145 (air v6) (c), where the offending provisions are so interwoven into the scheme that they are not severable, these considerations are sufficient to establish the ..... orderroy, j. 1. this is an application in revision by amir chand who has been convicted under section 7 of the essential supplies (temporary powers) act,. 1946 (no. xxiv of 1946) for contravention of clause 6(a) of the cotton textiles (control) order 1948 and clause 4 of the u. p. controlled cotton .....
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