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 : Supreme Court of India
Reported in : AIR1951SC441; (1951)IIMLJ291; [1951]2SCR729
..... evidence in the committal court cannot be used in the sessions court unless the witness is confronted with his previous statement as required by section 145 of the evidence act. of course, the witness can be cross-examined about the previous statement and that cross-examination can be used to destroy his testimony in the sessions court. if ..... record in the sessions court under section 288, the witnesses who made the statements were not confronted with their previous statements as required by section 145 of the evidence act. 20. dealing first with the examination of the appellant by the sessions judge, all he did was to read over the examination of the accused in the ..... were not put to these witnesses and as their attention was not drawn to them in the manner required by section 145, evidence act, they were not admissible in evidence. the observation of the privy council in bal gangadhar tilak v. shrinivas pandit 42 i.a 135 are relevant here. 35. in the case of narindar singh, his previous .....
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 : 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 .....
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