Court : Kolkata
Reported in : (1882)ILR8Cal32
..... the conclusion, then, to which we are led is, that the same construction must be put upon sections 13 and 14 of the act, and that the mosque, temple, or religious establishment there mentioned is, not any mosque, temple, or religious establishment whatever, but any mosque, temple, or religious establishment for the support of which endowments in land have been ..... we, therefore, dismiss this appeal with costs in this court and in the court below.1[section 18: no suit shall be entertained under this act without a preliminary application being first made to the court for leave to institute such suit. ..... it is scarcely necessary to support this by argument, but we may refer to section 15 of act xx of 1863 (the religious endowments act), in which a clear distinction is drawn between persons having a direct or 'immediate interest,' and persons 'having a right of attendance, or having been in the habit of attending, at the performance of the worship or service of any mosque, temple,' and so forth. ..... now, the words of section 14 are very general in their terms, and the question arises, what is meant by the trustee, manager, or superintendent of a mosque mentioned in section 14; does it mean the trustee, manager, or superintendent of any mosque, or the trustee, manager, or superintendent of a mosque to which the provisions of act xx of 1863 are applicable. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1930Cal530
..... omitting, the words with which we are not concerned, the section will stand thus: where the owner of a charge or other encumbrance on immovable property is or becomes absolutely entitled to that property, the charge or encumbrance shall be extinguished, unless such continuance (continuance to subsist) would be for ..... have held that the non-application of the section depends upon the presence of the intention at the date of the combination of the two interests, have overlooked the last clause of the section, which is in the disjunctive. ..... the word 'absolutely' is used in the section to indicate that the interest in which the encumbrance should merge must be the absolute interest and not ..... case, the mortgagee had purchased a wakf property and subsequently lost title to it ..... which their lordships, though on a different, set of facts, say:the ordinary rule is that a man having right to act in either of two ways should be assumed to have acted according to his interest.7. ..... get rid of it by the fraudulent act of the mortgagors.4. ..... act, contains a proviso or exception in the light of which cases of this nature have to ..... act, has no application to the ..... act says that, where the owner of an incumbrance on immovable property becomes absolutely entitled to that property, the encumbrance shall ..... act and held that the plaintiff having purchased the mortgaged property in december 1916, the mortgage charge was extinguished, and hence the plaintiff is not entitled to maintain the suit on the mortgage bond .....
Tag this Judgment!Court : Kolkata
Reported in : [1994]210ITR346(Cal)
..... the wealth-tax officer on the ground that the department was considering to take the tribunal's decision in the cases of the beneficiaries to the high court under section 27(3) of the act did not accept the contention of the assessee and, accordingly, included the assessee's proportionate share in the value of the assets of the estate in the net wealth of ..... sen has laid emphasis on the language of section 7(1) of the act and has contended that the right to a share in the income is not capable of any valuation and the price which it would fetch, if sold in the open market, could not possibly ..... answer is not far to seek ; it is furnished by section 6 of the transfer of property act, which enumerates property that cannot be transferred. ..... in this reference under section 27(5) of the wealth-tax act, 1957, the following questions of law have been referred to ..... in this reference, under section 27(3) of the wealth-tax act, 1957, made at the instance of the revenue, the following questions are referred by the tribunal for the opinion of this court :'(1) whether, on the facts and in the circumstances of the case, the tribunal ..... any of the remaindermen of their right in the property, it cannot be said that such power of appointment gave rise to any separate asset assessable to wealth-tax in the hands of the children within the meaning of section 2(e) of the wealth-tax act, 1957.18. ..... [1970]76itr471(sc) has held that the beneficial interest in the net income of a wakf is an assessable asset. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1975Cal347
..... instituted the suit out of which the present r'ule arises for a declaration that the transactions are in substance loan transactions, for reopening the transactions for relief under sections 36, 37 and 38 of the bengal money lenders act on accounts being taken and for permanent injunction restraining the defendants from interfering with plaintiff's possession of the suit properly.3. ..... by way of an injunction is wholly unnecessary because if the transaction is a loan and the plaintiff gets the relief under the bengal money lenders act, then there is no question of the plaintiff's possession being interfered with by the defendants on the basis of the documents representing the transaction. ..... not at all a suit for declaration with consequential relief; it is a simple suit for relief under sections 36, 37 and 38 of the bengal money lenders act for which the court-fee payable is a fixed one namely re. ..... : air1950cal85 held that as the case comes within section 7(iv)(c) of the court-fees act, the plaintiff must put in a single valuation and must also pay ad valorem court-fees ..... support of this rule has contended that the learned judge in the court below has entirely misread the true nature of the suit in thinking that it comes within section 7(iv)(c) and as such ad valorem court-fees are payable on a single valuation. ..... hand, if the plaintiff fails to get his relief under the bengal money lenders act, then also there would be no question of getting any relief by way of injunction ..... of wakfs, .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1976Cal8
..... would have been liable to deposit on account of rent including the arrears of rent during the period ending with the date of the decree had an order been made in the suit by the court under sub-section (4) of section 14 of that act for deposit of rent at the rate at which it was lest paid and the arrears of rent, if any, after giving credit for every deposit made by the tenant for such rent or arrears during such ..... total amount that the tenant remained liable to pay if he had to pay for the period commencing from the date of the decree and ending with the date of the order to be made tinder this sub-section, a monthly sum equivalent to the rent at which it was last paid, after giving credit for all such sums that the tenant might have deposited in the court or with the controller or paid to the landlord ..... thereof to be served on the landlord and after hearing such evidence as the parties may edduce, determine- (a) (i) where the decree was passed in a suit under this act the total amount that the tenant was liable to deposit or pay in accordance with the provisions of sub-section (1) a sub-section (2) of section 17 during the period ending with the date of the decree after giving credit for every deposit or payment made by the tenant in accordance with such ..... 1952, there was a sub-lease executed by the plaintiffs in this suit who are lessees under the wakf property in favour of one satyendra nath mitra, sub-lessee, since deceased, of the cinema house with the land at no. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1989Cal40
..... such land under the state government on the same terms and conditions subject to which it possessed such land immediately before such declaration.explanation:-- for the purpose of this sub-section, the expression 'to possess vacant land' means to possess such land either as tenant or as mortgagee or under a hire-purchase agreement or under an irrevocable power of ..... interpretation of the provisions of the said act, particularly section 19 thereof, the expression 'hold' in section 3 and in section 19, ceiling act, does not indicate any contrary intention and as such the state bank of india ought to be exempted from the operation of the act since holding of any vacant land by ..... vacant land held by it otherwise than in satisfaction of its dues; (vi) any such educational, cultural, technical or scientific institution or club (not being a corporation established by or under a central or provincial or state act referred to in clause (i) or a society referred to in clause (vii) as may be approved for the purposes of this clause by the state government by general or special order, on application made to it ..... of india act, 1964 (18 of 1964), the industrial credit and investment corporation of india, the industrial reconstruction corporation of india and any other financial institution which the central government or the state government concerned may, by notification in the official gazette, specify in this behalf; (iv) any public charitable or religious trust (including wakf) and required .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1981Cal196
..... but in that case it has been, noticed that in a fit case the court can exercise its power under section 8c of the bengal court fees act now, section 8c of the bengal court-fees act, which corresponds to section 11 of the west bengal court fees act of 1970, says that if the court is of opinion that the subject-matter of any suit has been wrongfully valued, it may revise the valuation, determine ..... therefore is that even after the amendment of the old court fees act, 1870, according to the provisions of section 8c of the then act, the court could form an opinion that the subject-matter of ..... for a declaration of title, the case is covered by the provision of section 7(vi)(a) of the court-fees act a solenama was filed by ram chandra in misc. ..... 1082 : (air 1977 noc 202) it has been stated that where the suit is for recovery of wakf property, the court can make an enquiry, if the valuation given is proper. ..... section 7(vi)(a) of the court-fees act says that in a suit for recovery of possession of immovable property from a trespasser, where no declaration of title is either prayed for or necessary for disposal of the suit --according to the amount at which the relief sought is valued in the plaint, subject to the provisions of section 11 of the act ..... if no revision lies against this decision, then the provisions of section 10, which enjoin that even the appellate court can dismiss the suit after recording a finding that insufficient court-fee was paid, and of order 7, rule 10 (1) explanation of .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1941Cal582
..... for divorce and matrimonial causes in england for the time being acts and gives relief:provided that nothing in this section shall deprive the said courts of jurisdiction in a case where the parties to a marriage professed the christian religion at the time of the occurrence of the facts on which the claim to relief is founded ..... those which are followed by the english courts and on this point no amendment was made in 1926 of section 7, indian divorce act, which is in the following terms:subject to the provisions contained in this act the high courts and district courts shall in all suits and proceedings hereunder, act and give relief on principles and rules, which in the opinion of the said courts, are as nearly as may be conformable to the principles and rules on which the court ..... section 2 of that act is in the following terms:notwithstanding any custom or usage to the contrary, in all questions (save questions relating to agricultural land) regarding intestate succession, special property of females, including personal property inherited or obtained under contract or gift or any other provision of personal law, marriage, dissolution of marriage, including talak, zihar, lian, jhula and mubaraat, maintenance, dower, guardianship, gifts, trusts, and trust properties, and wakfs, (other than charities and charitable institutions .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1961Cal456
..... pursuance of a contract of sale which is broken and i cannot but feel that if courts of equity allow interest on deposits of this nature when they are demanded, cases would be easily traceable in works on the contract act, i have failed to find anything to help me in chitty on contracts or addison or leake on contract or in works on interest, and i am not satisfied that a court of equity granted interest in a case of this kind'.31. ..... question very keenly debated whether interest can be claimed and/or paid by way of damages under section 73 of the contract act when the payment of a just debt (liquidated claim) is wrongfully withheld. ..... the decision of the superintending engineer of the circle shall be final and the contract shall be construed as if the said revised rates for the additional works had been incorporated in the contract as being applicable to such case.10-23. ..... his argument is that interest can only be awarded under the interest act and the instant case is not covered by the interest act, firstly, because the conditions laid down in the act have not been fulfilled and secondly, because it is only payable by the court and the ..... allahabad high court and reported in : air1933all186 , it was held that :'where a mutwalli fails to discharge his obligation under the wakf the persons who ought to have been benefited can claim interest from the mutwalli on equitable ground'.it appears from the report that the court consisted of mukherjee, acting chief justice and benett, j. .....
Tag this Judgment!Court : Kolkata
Reported in : (1998)2CALLT281(HC),[2000]100CompCas472(Cal)
..... court for the reasons as stated hereinbefore is pleased to answer the question that the tribunal has the power and authority to entertain the prayer for relief founded on a plea of mortgage in a composite petition under section 19 of the act and accordingly in view of the reasons as enumerated earlier this court is not in a position to disagree with the conclusion arrived at and as such it upholds the order no. 7. ..... , if it is contemplated as a proceeding for recovery of debt due from any person by the bank or financial institution, the jurisdiction is contemplated and covered by clauses (a) to (c) of section 19(1) of the act, namely, where the defendant resides or carries on with the business and soforth and where the cause of action wholly or tn part arise. ..... the statute contemplates the proceeding for recovery of debt at the instance of the banks and financial institutions under section 19 of the act as a recovery proceeding having a summary character and even if the prayer is made by way of a relief founded on the claim of mortgage, the same will retain its complexion and character as a recovery proceeding of debt due in cash ..... 51 of 1993 has been conceived of as containing incorporation of definition of debt in its interpretation clause by way of abundant caution and gives it out a very wide ..... engineering company & others reported in : 1995(35)drj485 where it has been observed that the quintessence of the definition of debt as provided in act no. ..... central board of wakf, u.p. .....
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