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 : Chennai
Reported in : AIR1954Mad741
..... bar associations of their own.this is not the place for tracing the history of these courts viz., institutions of diwani adalat, fauzdari adalat, the regulating act constituting the supreme court of judicature in bengal, the reforms of lord cornwallis, re-constitution of the adalat courts under the marquis of wellesley and the ..... of the witness to discover who he is and what is his position in life and shake his credit by injuring his character (section 146, evidence act).but unfortunately most of the accused persons are either illiterate or people unskilled in unravelling the motives, physiological limitations of the powers of observation etc., the ..... all sahiband to this mr. sundaresa' aiyar has sent a replynotice which the magistrate refused to allow tobe exhibited as coming within the mischief ofsection 126, evidence act. there is no dispute howeverthat mr. sundaresa aiyar put those questions oninstructions from the accused and in fact thiswas made out in another way, viz., the .....
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 .....
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 : 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 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1954SC236; [1954]1SCR817
..... seat. jasani's election was challenged on the ground that he was subject to the disqualifications set out in section 7(d) of the representation of the people act (act xliii of 1951) as he was interested in a contract for the supply of goods to the central government. 6. the election tribunal held that the rejection of ..... the caste system and follow the rituals of their own caste and carry on social contacts with their caste people and marry among them. similar views are expressed by bal krishna mahanubhav shastri. but we are not really concerned with their theology. what we have to determine are the social and political consequences of such conversions and that ..... 1952crilj955 . 51. none of these provisions is quite the same as article 299. for example, in article 166, as also in section 40(1) of the government of india act of 1935, there is a clause which says that 'orders' and 'instruments' and 'other proceedings' 'made' and 'expressed' in the name of the governor or governor-general in .....
Tag this Judgment!Court : Chennai
Reported in : AIR1955Mad455
..... -479; rash behary ghose (tagore law lectures, 4th edn,, 1914). (thacker spink and co., calcutta), vol. ii, p. 777 and foll; chitaley and annaji rao's transfer of property act, a.i.r. publications, edn. 3 (section 69); gour's law of transfer in british india, edn. 6, vol. ii, section 69; and the well-known standard works on ..... -- haddington island quarry co. ltd. v. huson', (1911) 81 ljpc 94 (h)).but at the same time, it is incumbent on the mortgagee exercising his power of sale to act in good faith and he must sell as a prudent owner, intending to sell his own properly with reasonable conditions and if the state of the title justifies, to offer ..... of the mortgaged property which was necessary for the more beneficial enjoyment of the house. under the said mortgage deeds a power of sale under section 69, t. p. act has been conferred on the mortgagee, the muthialpet benefit fund ltd., who can exercise the said power in the event of default committed in the repayment of the mortgage dues .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1956Bom357; (1956)58BOMLR75; 1956CriLJ704; ILR1956Bom305
..... expln. i to section 3. it will, i think, be convenient first to set out the relevant provisions. section 3 defines 'objectionable matter' and provides that:'in this act the expression 'objectionable matter' means any words, signs or visible representations which are likely to .... (v) promote feelings of enmity or hatred between different sections of the people ..... and it would be enough to quote the remarks of shah j. in the case reported in -- 'bal gangadhar tilak v. emperor', air 1916 bom 9 at page 48 (a). shah j. was dealing with the speeches delivered by bal gangadhar tilak and this is what he said:'the speeches must be read as a whole in a fair, ..... point out that the article dated 19-7-1954 fromwhich the extracts have been quoted above fallsclearly within the mischief of section 3, clause (v)tress (objectionable matter) act, 1951.16. the defence of the appellant is that the impugned writing is protected by explanation i to section 3. explanation i to section 3 says:'comments expressing .....
Tag this Judgment!Court : Orissa
Reported in : AIR1956Ori73
..... this observation, therefore, is an authority for the proposition that if there was a partition at the instance of the widow succeeding to her husband's interest under the act then that interest would devolve on her death, on her husband's heirs and not revert to the coparcenary as it had already been disrupted.so, though there are ..... no dispute between radha bai and her son and radha bal did not alienate her interest in favour of the plaintiff.the learned judge referred to the cases of the madras high court in -- 'parappa v. nagamma', air 1954 ..... of a deceased coparcener has the right to alienate her husband's interest in the joint family property which devolved on her on the death of her husband under the act, without claiming partition of the interest. the learned judge chaturvedi j. in the madhya bharat case distinguished this case holding that in the case before him there was .....
Tag this Judgment!Court : Chennai
Reported in : (1956)1MLJ513
..... trust providing for the management. in other words, the position of a karta which is acquired by birth and regulated by seniority, subject of course to his capacity to act, is terminable by resignation or relinquishment and is not indefeasible.15. bearing these principles is mind, if we examine the terms of the trust deed, we find clear recitals ..... have his share allocated separately from the others. girija bai v. sadhasivam (1916)31 m.l.j. 455 :1916 l.r.43 indap 151 : i.l.r. 43 cal. 1031, bal krishna v. ram krishna ; sahu v. makhna (1939) 2 m.l.j. 569 : i.l.r. (1939) all. 680, ramasubbayya v. ganapathy : air1940mad217 , ramjugheswar v. jagadhar l.r. ..... rarely have, unless he enters on the management, the means of controlling and rightly directing the actual application, and a bona fide creditor ought not to suffer when he acted honestly and with caution, but is himself deceived. in addition, the sons of subramania mudaliar, so long as the antecedent debts recited in the sale deed are not .....
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