Court : Chennai
Reported in : AIR1929Mad381; (1929)56MLJ369
..... we appreciate the desire of the bombay court to uphold a decision which had stood for over half a century without being explicitly reversed. ..... sitaram : air1928bom371 decided by a bench of the bombay high court (fawcett and mirza, jj. ..... we feel that in this matter we must reluctantly dissent from the view of the high court of bombay, and agree with the conclusion arrived at by the full bench in calcutta.kumaraswami sastri, j.6. ..... 79 (quebec) the right of appeal was transferred from the abolished court to the appellate side of the court of king's bench in quebec, but no provision was made for the transference of appeals which would have lain to the abolished court to the newly constituted appellate court. ..... in these circumstances their lordships of the privy council held that an appeal from the circuit court to the court of king's bench did not lie; but in no way did their lordships' opinion conflict with their earlier decision in the colonial sugar refining company v. ..... we must therefore hold, however reluctantly, that the institution of the suit carries with it the implication that all appeals then in force are preserved to it through the rest of its career unless the legislature has either abolished the court to which an appeal then lay or has expressly or by necessary intendment given the act a retrospective effect. ..... irving (1905) a.c. ..... irving (1905) a.c. ..... irving (1905) a.c. ..... irving (1905) a.c. ..... irving (1905) a.c. .....
Tag this Judgment!Court : Chennai
Reported in : 14Ind.Cas.184
..... rather, therefore, than impute to the legislature an intention to bar all suits for arrears of rent based on registered muchilikas, where the cause of action was three years old or more on 1st july 1908, i prefer to adopt the principle explained in the bombay case, to which i have already referred, and to hold that section 210 of the estates land act was not intended to be treated as having restrospective effect.8. ..... this, to my mind, would seem to indicate either that the legislature in enacting section 210 was proceeding on the basis that it was making no change in the law so far as the three years' rule was concerned or, supposing article 116 of the limitation act was also applicable to a certain class of suits for rent, the legislature by removing suits for rent from the jurisdiction of civil courts, must be taken to have intended that the special period prescribed under the article should no longer be applicable.12. ..... the question for decision in the second appeal is, whether the suit instituted by the plaintiff-appellant to recover arrears of rent, which fell due between 15th december 1904 and 15th may 1905, is barred. .....
Tag this Judgment!Court : Chennai
Reported in : (1948)2MLJ47
..... after referring to a number of bombay, calcutta and allahabad decisions the learned judge concluded that the high court has jurisdiction to appoint a guardian for a minor apart from the guardians and wards act and then observed:the practice in this court, so far as my experience goes, has been consistent with the view taken by the other high courts. ..... the result of this foregoing survey is that in the other chartered high courts the consensus of opinion has been that in the exercise of its inherent jurisdiction vested in it under the letters patent, which jurisdiction is preserved by section 3 of the guardians and wards act, the high court has power to appoint a guardian in respect of the person and property of the minors covering even their undivided interest. ..... it is, however, mentioned by the same learned author that the high court has inherent jurisdiction to appoint a guardian of the property of the minor who is a member of the joint family even where the minor's interest in the property is an undivided share in the family property unlike under the guardians and wards act. ..... there the question was whether under this clause the high court had jurisdiction with regard to minors outside the limits of the presidency town and whether its jurisdiction to act under that clause was not affected by the guardians and wards act. .....
Tag this Judgment!Court : Chennai
Reported in : 43Ind.Cas.865
..... ' no doubt the first court decided that the 5th defendant and his heirs are not bound and dismissed the plaintiff's suit as against them, but if the plaintiff, who put himself in the plaint on the safe side, wanted to continue to be on the safe side, he ought to have appealed against the judgment of the first court exonerating the 5th defendant and his heirs or should at least have applied to the lower appellate court to have the 5th defendant's heirs made party-respondents to the appeal, so that the appellate court might pass a decree ..... neither section 7(2) nor 39 of the guardians and wards act could be suitably invoked to give jurisdiction to the court. ..... against them if the ..... justice sale in the matter of srisk chunder singh (12) to the effect that if executors are given the care and management of the property during an infant's minority, they are thereby constituted guardians within the meaning of the guardians and wards act. ..... the bombay high court has taken the view in bindaji v. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1943Mad504
..... they have accordingly been adopted in the indian income-tax act, 1922, as denoting two different situations for which the act makes separate provisions in sections 25 and 26, and before the amendment act of 1939 was passed the courts in this country, including the bombay high court had uniformly held that 'discontinuance' for the purpose of section 25 did not cover mere change of ownership: see commissioner of income-tax, bombay v. ..... d, income-tax act, 1918, corresponding to section 2, taxes management act, 1880) has been in existence side by side with a provision for relief in cases of discontinuance (rule 8(2) of the same rules corresponding to section 25 (3), finance act, 1907), but this has not been considered to warrant the wider interpretation of the word 'discontinued' favoured by the bombay high court (see bartlett v. ..... but it is argued-and the argument was accepted by the bombay high court in the case already referred to-that the amendments introduced in sections 25 and 26 by the act of 1939 now compel a different interpretation of the term in section 25 (3).10. ..... in view however of the different opinion expressed by the bombay high court in commissioner of inoome-tax, bombay v.p.e. ..... the bombay high court considered that the word 'discontinued' by itself, and if not controlled by the context, would cover a discontinuance by disposal. ..... here reliance is placed on the decision of the bombay high court in commissioner of inoome-tax, bombay v.p.e. .....
Tag this Judgment!Court : Chennai
Reported in : (1936)71MLJ873
..... the next argument o-f the learned advocate-general is that section 23 of the court of wards act makes the court (of wards in effect the guardian of the children of the ward, that by section 3 of the guardians and wards act the power and authority conferred by section 23 is saved and the high court's jurisdiction to this extent must be deemed to have been taken away and if it has got any power it can only appoint a guardian in respect of matters not covered by section 23 of the act. ..... there is, however, in the guardian and wards act, section 3 which saves the jurisdiction of the court of wards and this brings us to the question, does section 23 of the court of wards act curtail the powers of the father? ..... before leaving this subject, i must observe that some reliance has been placed upon section 67 of the court of wards act, which provides that:'whoever without the previous consent of the court, abets the marriage of any of the persons specified in clauses (a), (b) and (c) of section 23, shall be liable on conviction' to a fine or imprisonment.21. ..... i may point out that it has been consistently held by the high courts of bombay, calcutta and allahabad that apart from the guardian and wards act, the high court has jurisdiction to appoint a guardian for a minor. ..... (1905) 5 a.c. ..... london & north-western railway (1905) a.c. ..... london & north-western railway (1905) a.c. .....
Tag this Judgment!Court : Chennai
Reported in : I(1992)DMC79; (1991)IMLJ212
..... on the general jurisdiction, and apart from the guardians and wards act, the bombay high court following the full bench decision reported in 25 bombay 353 held that the high court has power to appoint a guardian of the property of a minor who is a member of a joint hindu family and where the minor's property is an undivided share in the family property, and the court has jurisdiction to sanction an alienation by the father or the manager of a joint family where the court was satisfied that the transaction was for the benefit of the minor. ..... 25 bom.353 the bombay high court has held that the high court has power to appoint a guardian of the property of a minor who is a member of a joint hindu family and where the minor's property is an undivided share in the family property apart from the guardians and wards act. ..... patrick cyril martin : air1970mad427 division bench of this court by considering clause 17 of the letters patent held as follows :'the jurisdiction of the court is all embracing and wide under clause 17 of the letters patent and it is not controlled by the restrictions imposed and on the court exercising jurisdiction under the guardians and wards act.'10. ..... this jurisdiction of the high court has been expressly preserved by section 3, guardians and wards act. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1974Mad282
..... code, or section 49 of the court of ward act to hold that notwithstanding the physical identity of the person, a notice given in one character will not avail when the claim is made in the other character than to hold that the physical identity of the individual is the deciding factor. ..... of state, ilr (1903) all 187 it was held that to permit the successor to rely on a notice given by the predecessor will amount to adding words to section 49 of the court of wards act and that a notice given by a person under that section is not available to a successor-in-interest. ..... ' in that case the plaintiff relied upon the notice given by a former proprietor under section 49 of the court of wards act whose interest was purchased by the plaintiff later on the sustain the suit filed by him. ..... secy, of state : air1935mad389 and has also been followed by the bombay high court in secy, of state v. ..... of the province of bombay v. ..... of the province of bombay v. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1962Mad267
..... 29 for leave to transfer the minor's property to satisfy itself by enquiry that the transaction is necessary or one for the evident benefit of the minor; a court will not normally grant such permission except in case or urgent necessity or for apparent benefit of the ward after a careful enquiry and presumably on notice to such persons as are likely to be interested in the ward.but, form the nature of the machinery provided under the act, it will not always be possible to arrive at a correct conclusion as to whether or not the proposed transaction by the guardian is for the benefit etc. ..... (12) reference may be made at this stage to the decision of the bombay high court in balajee vasudeo v. ..... ,'there is a certain amount of hesitancy on the part of persons who offer to buy the house as it belongs to the minor ward of the court and i submit that if orders of this hon'ble court' are obtained for the minor ward of the court are obtained for the sale of the house better offers are likely to be made' (italics (here in ' ') not in the original)this sentence, has, however, got to be read with the earlier statement made in the affidavit in paragraph 3 whereby the deponent definitely stated that the house belonged to the estate of her deceased husband. .....
Tag this Judgment!Court : Chennai
Reported in : (1962)2MLJ241
..... secretary of state for india : (1936)71mlj873 , the learned judges while considering the protection afforded by law in our country held that the jurisdiction exercisable in england by the lord chancellor, who was acting for the soverign as parens patria, was vested originally in the supreme court in madras, and later, inherited by the high court and that high court had under clause 17 of the letters patent, jurisdiction in regard to minors more extensive than those conferred on the court under the guardians and wards act. ..... not rely solely upon the abovementioned orders of the court, for, as already indicated, he made inquiries not only from gulab chand and the broker who was acting for him, but also from some of the creditors of the firm of hardeo pas gulab chand, whose names were given to him by gulab chand and the broker.these observations indicate that the true basis on which an order of court under section 31 of the guardians and wards act is held to sustain an alienation of minor's property, is on the footing of an honest ..... . reference may be made at this stage to the decision of the bombay high court in balajee vasudeo v .....
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