Court : Kolkata
Reported in : 3Ind.Cas.642
..... . the practical meaning of this somewhat elusive expression is that the ministers of an idol have over the property dedicated to the idol, which is the same thing as the deity inspiring the idol, the same rights that they would have if they were trustees for his benefit, or if he was an infant and they, managers on his behalf, being at the same time liable to corresponding duties legally enforceable ..... . 21 which is to the following effect:* * *the right of one may consistently arise from the act of another, for an express passage of law is authority for it: and that is actually seen in the world, since in the case of donation, the donee's right to the' thing arises from the act of the giver, namely from his relinquishment in favour of the donee who is a sentient person ..... this passage in the dayabhaga is used to illustrate the proposition that 'the right of one may consistently arise from the act of another' and it is there pointed out in proof of this that in the case of donation the donee's right to the thing arises from the act of the giver; namely from his, relinquishment in favour of the donee who is a sentient person.13. ..... . 25).this is translated by colebrooke' as follows: that is actually seen in the world since in the case of donation, the donee's right to the thing arises from the act of the giver, viz .....
Tag this Judgment!Court : Kolkata
Reported in : (1910)ILR37Cal128
..... . the practical meaning of this somewhat elusive expression is that the ministers of an idol have over the property dedicated to the idol, which is the same thing as the deity inspiring the idol, the same rights that they would have if they were trustees for his benefit, or if he was an infant and they managers on his behalf, being at the same time liable to corresponding duties legally ..... . 21, which is to the following effect:the right of one may consistently arise from the act of another: for an express passage of law is authority for it; and that is actually seen in the world, since, in the case of donation, the donee's right to the thing arises from the act of the giver, namely, from his relinquishment in favour of the donee who is a ..... this passage in the dayabhaga is used to illustrate the proposition that the 'right of one may consistently arise from the act of another,' and it is there pointed out in proof of this that in the case of donation the donee's right to the thing arises from the act of the giver; namely, from his relinquishment in favour of the donee who is a sentient ..... is translated by colebrooke as follows: 'that is actually seen in the world, since, in the case of donation, the donee's right to the thing arises from the act of the giver, viz ..... lal maitra or any of the grandsons of my father-in-law dies, his heirs shall be appointed in his place, in order of seniority and act according to the provisions made in para, (ka) and hold the estate as trustees. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1919Cal17,(1919)ILR46Cal259
..... and on 16th may, 1893, the plaintiff habib was born: the monthly allowance, or salary as it is called in some places, was continued: mozelle continued to live at radha bazar lane and on the 23rd january, 1893, she entered into an agreement for renting 13, radha bazar lane for four years, in the name of muzlie benjamin cohen, and in the registration note at the end of the agreement she is described as the wife of ezekiel benjamin cohen. ..... it appears that in june, 1911, the late nawab sobhan called on miss cornelia sorabji, the lady assistant to the court of wards for bengal, bihar, orissa and assam, with, reference to the marriage of his son to a ward of the court. ..... that habib was not the legitimate son of the late nawab and, acting according to the instruction of the commissioner, mr. ..... on 14th september, 1887, mozelle was married to one joseph abraham ger who is alleged to have been a convert to the jewish faith: the marriage ceremony, according to the certificate, being performed by minister s.w. ..... it is argued for the appellant that, in deciding the issue of marriage, we must not take into consideration probabilities, but section 3 of the evidence act which defines 'proved' and 'disproved' expressly deals with ..... evidence was admitted as to acts of acknowledgment, not stated in the abovementioned paragraph for the reasons mentioned by greaves j ..... it would in such case be at most an admission in the ordinary sense of the evidence act to be considered with the other facts of the case. .....
Tag this Judgment!Court : Kolkata
Reported in : (1924)ILR51Cal874
..... he contends that having regard to the fact that he was one of those who at the last session of the bengal legislative council had succeeded by their votes in turning down the demand for grant for ministers' salaries, the effect of the said vote of the council in which the applicant had participated would be entirely nullified if mr. ..... the facts which have given rise to the present application are as follows: at the last session of the bengal legislative council on the 18th day of march 1924, a statement of the estimated annual expenditure and revenue of the presidency of bengal for the year 1924-25, commonly called the budget, was presented and in connection therewith a separate demand for grant on account of the salaries of the ministers was made under section 72(d), sub-clause (2) of the government of india act. ..... ' at the said last session of the bengal legislative council, to wit, on march 24, 1924, the said demand for a grant on account of the salaries of the ministers was, on the motion of maulvi mohamed nurul huq chowdhuri, a member of the said bengal legislative council, rejected by the council, as appears from the official report of the proceedings of the said council held on the 24th march 1924. ..... sircar pointed out that his client paid government revenue which was an essential part of the fund out of which the ministers were to be paid their salaries, and that the money which was taken from his client could only be used for legitimate purposes as provided for by law. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1925Cal373,85Ind.Cas.14
..... general in con-eluding his observations pointedly drew my attention to section 52 of the government of india act and contended that having regard to the events that had happened, namely, the total refusal of the salaries of the ministers at the meeting of the bengal legislative council held on the 24th march, it was competent to his excellency the governor to direct that there should be paid to the ministers whose salaries had been refused by the legislative council, the same salaries as were payable to the members of his excellency's executive council and that it was not really necessary ..... to bring forward again any demand for grant of salaries to the ministers and that if his .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1925Cal48
..... he contends that having regard to the fact that ho was one of those, who at the last session of the bengal legislative council had succeeded by their votes in turning down the demand for grant for ministers' salaries, the effect of the said vote of the council in which the applicant had participated would be entirely nullified, if mr. ..... the facts which have given rise to the present application are as follows:-at the last session of the bengal legislative council on the 18th day of march 1924, a statement of the estimated annual expenditure and revenue of the presidency of bengal for the year 1924-25, commonly called the ' budget,' was presented and in connection therewith a separate demand for grant on account of the salaries of the ministers was made under section 72 d, sub-clause 2 of the government of india act, the said demand was for a sum of rs. ..... sircar contended that having regard to the fact that at the last session of the bengal legislative council his client had exercised his right to vote and had voted against the grant of salaries to the ministers, ha would be injured so far as his said right, which according to him was 'franchise, ' was concerned, in the third place the applicant's contention was that he, as a member of the council, had a right to sea that the business of the council was conducted according to the provisions of law.9. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1927Cal432
..... the object, therefore, of the permanent settlement of 1793 being to limit the public demand upon lands in the provinces of bengal, behar and orissa, the tax under the indian income tax act, call it by whatever name you like, is, it is argued an additional public demand upon the lands which were settled under the permanent settlement of 1793, and is, therefore, a violation of a positive statutory engagement made with the zemindars at the time of the permanent settlement. ..... the section therefore refers only to section 6 which instead of definitely exhausting all the sources of income, merely says:save as otherwise provided -by this act, the following heads of income, profits and gains, shall be chargeable to income-tax in the manner hereinafter appearing; (i) salaries, (ii) interest on securities, (iii) property, (iv) business, (v) professional earnings, (vi) other sources.74. ..... minister of finance and custom [1922] a.c. ..... minister of finance and customs [1922] a.c. ..... minister of finance and customs [1922] a.c. ..... minister of finance & customs [1922] a.c. .....
Tag this Judgment!Court : Kolkata
Reported in : [1937]5ITR12(Cal)
..... sub-section (1) reads as follows :-'where, at the time of making an assessment under section 23, it is found that a change has occurred in the constitution of a firm or that a firm has been newly constituted, the assessment on the firm and on the members thereof shall, subject to the provisions of this act, be made as if the firm had been constituted throughout the previous year as it is constituted at the time of making the assessment, and as if each member had received a share of the profits of that year proportionate to his interest in the firm at the time of making the assessment. ..... gregory will have the right to appoint 2 of his own employees at kenduakalibari to help in the management of the business and their monthly salary will be paid by messrs. ..... 300/- while the profit at the end of the season was to be distributors 1931 was executed between gregory and sovachand sohanlal, to work as partners in a loose jute business in kenduakalibari for the jute season 1931-32, gregory to draw a salary of rs. ..... in view of the provision as to twelve months salary this appears to be an impossible contention.the arrangements made by gregory for finance during the jute season 1931-1932 are embodied in the deed of partnership of july 2, 1931.by this deed it is provided that gregory and messrs. ..... this agreement was to subsist for the jute season 1931-32, the purchasing centre was to be at baira in dacca district and according to that agreement gregory was to receive a monthly salary of rs. .....
Tag this Judgment!Court : Kolkata
Reported in : [1937]5ITR216(Cal)
..... precise test.i am inclined to agree that it is not always enough that the income should be earned in british india in the sense that the assessee was in british india for a part of the period or all the period during which the income was earned.for example, it would not be right in my opinion to hold that a portion of the salary of an officer of the mercantile marine accrued or arose in british india, because for some portion of the period during which the salary was earned the officer was serving in indian waters. ..... we must, i think, take it that for practical purposes and for the purposes of this case what was really intended was that although the commission might be payable in lump sum after the accounts of the company had been made up and an appropriate part of the proceeds assigned to the two divisions named, the commission, though paid in a lump sum, was nevertheless to be treated as if it were the same thing as salary paid upon a monthly footing. ..... 7 of the act and so upon the footing that salary was being earned by mr. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1938Cal163
..... and bombay, and the provinces known as the united provinces, the punjab, bihar and orissa, the central provinces, and assam, should each be governed, in relation to reserved subjects, by a governor in council, and in relation to transferred subjects by the governor acting with his ministers appointed under the act. ..... , another member of the bengal legislative assembly, for a declaration that the defendant has not been duly and validly elected speaker of the said bengal legislative assembly and that he was not and is not the speaker of the said assembly and was not and is not entitled to act or function as such speaker; also for an injunction restraining him from so acting or functioning or drawing his salary as such speaker. ..... the plaintiff's case is founded upon the argument that there was not at the time when the defendant is alleged to have been elected speaker, and there is not now any person holding the office of governor of bengal, that is to say, sir john anderson, ceased to be governor of bengal on 1st april 1937, when certain provisions of the government of india act, 1935 came into force, and has not been properly appointed as governor of bengal under the provisions of that act ..... studd, to act temporarily as speaker, and the first meeting of the legislative assembly was held on 7th april 1937, at which the defendant was elected ..... is admitted that an instrument of instructions passed under the royal sign manual has been issued to the governor of bengal, dated 8th march 1937.6. .....
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