Judgment Search Results Home > Cases Phrase: sashastra seema bal act 2007 section 99 general rule as to evidence Sorted by: old Page 2 of about 1,297 results (0.167 seconds)

A.N. Ramchandra Iyer and ors. Vs. the Official Assignee of Madras and ...

Court : Chennai

Reported in : 131Ind.Cas.481

..... court extends to the determination of questions affecting persons not parties to the insolvency, has been decided in several cases under section 105 of the english bankruptcy act (1914) which corresponds to our section. in some cases the bankruptcy courts even assumed exclusive jurisdiction by the issue of an injunction. these cases are ..... in unsuitable cases. mr. srinivasa iyengar has endeavoured to show by examples the divers uses to which the section, or the corresponding section in the provincial insolvency act, has been put. in rama-somayajulu v. official receiver, godavery : air1926mad360 an issue had to be tried whether a partition had taken place or not. ..... the section must be 'property of the insolvent divisible among his creditors. if the views expressed are not erroneous, i can discover nothing in the provisions of the act to exclude the enquiry upon this score. ramesam, j., in in the matter of balusami ayyar [official assignee of madras v. ramachandra ayyar : air1928mad735 ] .....

Syed Mohammad Raza Vs. Abbas Bandi Bibi

Court : Mumbai

Reported in : 2002(2)ALD(Cri)116; (1932)34BOMLR1048

..... agreement the defendant refuses to marry the plaintiff by way of nikah, then the plaintiff shall in accordance with this document remain owner of a moiety, and if the plaintiff acts contrary to the stipulation of nikah, she shall cease to have any rights whatever. if, god forbid, contrary to custom the divorce of either of the wives takes place, ..... estate of shadipur shall be in the hands of their husband, syed afzal hasan, in his capacity of a husband ; if on the part of the husband there is any act of neglect) or estrangement towards either of the wives, then, in that case, the wife's only remedy will be to have the management of her share performed by ..... this connection that family arrangements are specially favoured in courts of equity.16. but apart from this, it seems clear that after the passing of the transfer of property act in 1882, a partial restriction upon the power of disposition would not, in the case of a transfer inter vivo8, be regarded as repugnant; see section 10 of the .....

Mohammad Raza and Others Vs. Mt. Abbas Bandi Bibi

Court : Privy Council

..... agreement the defendant refuses to marry the plaintiff by way of nikah, then the plaintiff shall in accordance with this document remain owner of a moiety, and if the plaintiff acts contrary to the stipulation of nikah, she shall cease to have any rights whatever. if, god forbid, contrary to custom the divorce of either of the wives takes place, ..... estate of shadipur shall be in the hands of their husband, syed afzal hasan, in his capacity of a husband; if on the part of the husband there is any act of neglect or estrangement towards either of the wives, then, in that case, the wife's only remedy will be to have the management of her share performed by ..... remembered in this connexion that family arrangements are specially favoured in courts of equity. but apart from this it seems clear that after the passing of the transfer of property act in 1882, a partial restriction upon the power of disposition would not, in the case of a transfer inter vivos, be regarded as repugnant: see s. 10 of .....

Nihal Chand Shastri Vs. Dilawar Khan and ors.

Court : Allahabad

Reported in : AIR1933All417

..... and the barrister-advocate here is that in england there is a complete division between the two branches of the legal profession. an english barrister wishing to act as a solicitor must first get himself disbarred. in my opinion it is of the utmost public importance that legal practitioners, where the two branches are combined ..... contracting. to hold that a barrister in british india is incompetent to enter into a contract for rendering professional services would, amount to amending section 11, contract act, by introducing an axception. in other words it would mean that barristers must be added (for certain purposes) to the classes of persons, like minors and lunatics ..... claims as against the applicant should have been dismissed. in his petition of revision the plaintiff contended that he was entitled to interest under section 73, contract act. the two petitions came up before the hon'ble the chief justice, and apparently before him the point was taken orally that the plaintiff being a .....

Pankajkumar Ghose Vs. Sudheerkumar Shikdar

Court : Kolkata

Reported in : AIR1934Cal58,147Ind.Cas.1064

..... attorney's costs have not been provided for in the order for change unless it be a case where the attorney by his own misconduct has discharged himself from further acting as attorney. but it is unnecessary to refer to my own experience here in this court, because i am fortified in the view i take by authorities which are ..... of the paper-book and it runs thus:it is ordered that the said defendant, sudheerkumar shikdar, be at liberty to discharge the said mr. p. k. ghosh from further acting as the attorney for the former in this suit and to appoint mr. p. l. mitter as his attorney in this suit. and it is further ordered that the said ..... been brought to a hearing, when an application was filed on 8th march 1932 for an order thatbabu pankajkumar ghosh, attorney for the applicant sudheerkumar shikdar, be discharged from further acting as his attorney and that babu p. l. mitter, an attorney of this court, be appointed in his place as attorney for the applicant in the suit and that the .....

Mt. Kulsum Bibi Vs. Shiam Sunder Lal and anr.

Court : Allahabad

Reported in : AIR1936All600

..... gifted property admitted of.15. the important question to decide in this case is whether the gift though valid, is provable by oral evidence. under section 92, evidence act, no transaction which the law requires to be reduced to writing can be proved, except by the production and proof of the written instrument required by law. in the ..... registered instrument was necessary. accordingly he holds that no evidence can be given in proof of the oral gift, having regard to the provisions of section 92, evidence act.14. the gift is mentioned in a document addressed to the cantonment authorities by habib baksh intimating that he had made gift of the property now in dispute to ..... para. 125.6. it is conceded that a gift made under the rule of mohammadan law, would not be affected by the provisions of the transfer of property act. the contention however is that only those gifts which are voluntary and without consideration are excepted from the operation of the rules relating to gifts as defined by the .....

Mahabir Prasad Vs. Syed Mustafa Husain

Court : Mumbai

Reported in : (1937)39BOMLR990

..... with the result that it was good so far as regards the children who were of age and wholly void under the indian contract act (section 11) as regards the four who were minors.14. upon a question whether an oral statement amounted to a will the greatest ..... discarded. the approach of death made it necessary for mir fida husain to do something and yet impossible to complete anything by his own act. in this dilemma what did he do?12. their lordships cannot agree with the chief court that what he is proved to have ..... impose a legal obligation so to do.11. mir fida husain was a practising lawyer of rae barelli and had studied the wakf validating act (vi of 1913). the evidence is that he had intended to make a wakf-alal-aulad himself and there is some evidence that ..... benefit students of the asna ashari sect.8. a wakf-alal-aulad having thus been made of mir fida husain's property, it was acted on for two years, more or less; but on october 21, 1924, five of the sons sued the widow' and the sixth brother .....

Mahabir Prasad and Another Vs. Syed Mustafa HusaIn and Others

Court : Privy Council

..... with the result that it was good so far as regards the children who were of age and wholly void under the indian contract act (s. 2) as regards the four who were minors. upon a question whether an oral statement amounted to a will, the greatest ..... discarded. the approach of death made it necessary for mir fida husain to do something and yet impossible to complete anything by his own act. in this dilemma, what did he do? their lordships cannot agree with the chief court that what he is proved to have said ..... might benefit students of the asna ashari sect." a wakf-alal-aulad having thus been made of mir fida husain's property, it was acted on for two years, more or less ; but on 21st october 1924, five of the sons sued the widow and the sixth brother ..... husain, but wrongly represents his speech as a will though it was intended only as advice to his heirs as to how they should. act after his death. on 28th january, 1922, the widow, mt. azmat-un-nisa, executed a deed of wakf of which the opening .....

Uma Shanker Vs. Ram Charan

Court : Allahabad

Reported in : AIR1939All689

..... then nearest reversionary heir, expectant upon the death of a widow in possession, and to transfer it upon possession accruing to him, is void. the transfer of property act, 1882, section 6(a), which forbids the transfer of expectancies would be futile if a contract of the above character was enforceable.13. in the course of their ..... bargain de future, they could uphold it as a contract when it is a contract to which, not only must specific performance be refused under the transfer of property act, but as to which damages can never be recovered, because the contract is not a performable contract until the realization of the expectations occurs.6. the principle of ..... other with what the legislature refuses to recognize as rights, but styles as a mere chance incapable of being transferred. it would be defeating the provisions of the act, to hold that though such hopes or expectations cannot be transferred in present or future, a person may bind himself to bring about the same results by giving .....

Mt. Kaura Devi Vs. Mt. Indra Devi

Court : Allahabad

Reported in : AIR1943All310

..... lordships of the privy council did not lay down any such rule. they did not consider the question whether unsoundness of mind could in any circumstance invalidate a hindu marriage. acting on the hypothesis that it might, they pointed out that the degree of unsoundness would always have to be considered and, in the particular case before them, the man whose ..... the name of raghubans puri. in 1917 his mind began to fail and in 1918 one nand gir was appointed manager of his property under the provisions of the lunacy act. we have on the record a copy of the deposition of captain reader of the royal army medical corps recorded on 21st february 1918 and a certificate issued by him .....