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Provincial Government, C.P. and Berar Vs. Ganeshlal Rekhchand
Court : Mumbai
Reported in : 1950CriLJ491
ORDERV.R. Sen, J.1. This is an appeal by the Provincial Government against the judgment of acquittal of the respondent Ganeshlal, son of Rekhchand, passed by the Magistrate First Class, Buldana, on 1st December 1948 in criminal case NO. 156 Of 1948.2. The respondent is a resident of Akola. He held a licence for dealing in foodgrains as a wholesale dealer in the Akola district under the Foodgrains Control Order, 1945. He did not hold a similar licence for the Buldana district. Damodar Das (P.W. 2) has a licence for the Buldana district in the name of his shop 'Rambax Ram-niwas' of Malkapur. He purchased 400 bags of mung on 8th January 1947, 200 bags of mung on 24th January 1947, 254 maunds of tur, E0 bags of gram on behalf of the respondent at Malkapur, a place within the Buldana district. Damodar Das acted as an adatiya of the respondent in respect of these transactions and received his commission. The bags were later sold by P.W. 3 at Malkapur and Khamgaon. The respondent was prosecut...
Tag this Judgment!Rura Ram Vs. Divisional Supdt., N.W. Rly., Lahore
Court : Punjab and Haryana
Reported in : AIR1954P& H298
1. The petitioner was an employee of the North-Western Railway. He was posted as a station master at Manawala railway station. He was suspended on 2-11-1944. After some enquiry, on 14-2-1945 orders were passed reverting the petitioner to the grade of an assistant station master with a salary of Rs. 75/- per mensem. His basic salary when he was a station master was Rs. 86/-. For the period 3-11-1944 to 2-12-1944 the petitioner was paid a sum of Rs. 30-2-0 by the railway administration.On 6-12-1944, he appiied to the Senior Subordinate Judge of Amritsar, who had been appointed by the Provincial Government, under the provir sions of Sub-section (1) of Section 15, Payment of Wages Act, to be the authority to hear and decide for the area concerned all claims arising out of deductions from wages etc., of persons employed in that area, under Sub-section (2) of Section 15 and under Sub-section (1) of Section 20 of the aforesaid Act for directions being issued to the Pay Master of North Western...
Tag this Judgment!Panangipalli Suryanarayanacharyulu and anr. Vs. Panangipalli Seshamma ...
Court : Chennai
Reported in : (1949)2MLJ75
Subba Rao, J.1. This appeal raises an interesting point of law, namely, whether the right to Archakatvam' service is property within the meaning of Act XVIII of 1937, and whether from, and out of the family income of such property a maintenance holder is entitled to be maintained. The plaintiff's husband one, Gopala charyulu, was the hereditary archaka of Sri Madanagopalaswami Varu, enshrined in the village of Podagatlapalli and of Sri Venkateswaraswami Varu and Sri Kothandaramaswami Varu enshrined in the village of Vedireswaram. An extent of 32 acres and 75 cents comprised in items 2 to 10 of a schedule annexed to the plaint was in the enjoyment of the said Gopalacharyulu as Archaka service inam. Gopalacharyulu died on 1st January, 1940. The first defendant is his undivided son and the second defendant is the undivided son of the first defendant. On the death of Gopalacharyulu the first defendant has been enjoying the said archaka service inam and rendering archakatvam service persona...
Tag this Judgment!Velicheti Achutaramayya and ors. Vs. Velicheti Satyanarayana and ors.
Court : Chennai
Reported in : (1949)2MLJ139
Govinda Menon, J.1. On 14th December, 1907, one Atchayya executed a will Exhibit D-1, by which he bequeathed his properties to his third wife Buchi Venkamma for her life and after her death to his three sons and the son of his predeceased eldest son in the following words:that after her death, my sons (1) Narasayya, (2) Chinna Venkayya, (3) Nagayya, (4) my eldest son the late Bapanna's son, Satyanarayana the male heirs surviving in their families shall divide this property in equal shares with reference to good and bad qualities and enjoy the same as of rights....On the date of the will Narasayya's sons, the present first and second defendants were alive. Chinna Venkayya's sons, defendants 3, 4 and 5 were also alive but none of them were mentioned in the will. On the 29th December; 1943, Buchi Venkamma died and thereafter the properties should have come into the possession of the legatees under the will.2. The suit out of which this second appeal arises was filed by Satyanarayana the s...
Tag this Judgment!Panangipalli Suryanarayanacharyulu and anr. Vs. Panagipalli Seshamma ( ...
Court : Chennai
Reported in : AIR1950Mad103
Subba Rao, J.1. This appeal raises an interesting point of law, namely whether the right to Archakatyam service is property within the meaning of Act XVIII [18] of 1937 and whether from and out of the family income of such property a maintenance holder is entitled to be maintained. The plaintiff's husband, one Gopalacharyulu, was the hereditary archaka of Sri Madanagopalaswami Varu, enshrined in the village of Podagatlapalli and of Sri Venkateswaraswami Varu and Sri Kothandaraswami Varu enshrined in the village of Vedireswarim. An extent of 32 acres and 15 cents comprised in items 2 to 10 of Schedule A annexed to the plaint was in the enjoyment of the said Gopalacharyulu as Archaka service inam. Gopalacharyulu died on 1st January 1940. Defendant 1 is his undivided son and defendant 2 is the undivided son of defendant 1. On the death of Gopalacharyulu, defendant l has been enjoying the said archaka service inam and rendering archakatyam service personally in the temples of Venkateswaras...
Tag this Judgment!Moti Singh and ors. Vs. Basu and anr.
Court : Himachal Pradesh
Reported in : AIR1950HP4
Bannerji, C.J.1. These two appeals relate to the same facts and are against a judgment and decree of the Chief Court, Chamba, dated 26-8-2003, affirming a judgment and decree of the District Court, dated 26th Baisakh 2003, and reversing the decree of the Subordinate Judge dated 4th Poh 2002, resulting in the dismissal of the plaintiff's suit. 2. The only point of law involved in these appeals is, whether a tenant, enjoying cultivable possession for a long period over twelve years but paying half produce or Batai to the land lord, can acquire occupancy rights. 3. The facts in brief are that Moti Singh, the plaintiff, brought the suit for ejectment against one Basu and his brother, Jaimal, sons of Sarda. He brought another suit for ejectment against Mahant. The grounds of both the suits were that Basu, Jaimal and Mahant were tenants-at-will paying half Batai to him as landlord. They were not regularly paying the landlord's share and should, therefore, be ejected. 4. The defence in the fi...
Tag this Judgment!Mt. Kanchanu and anr. Vs. Naresh
Court : Himachal Pradesh
Reported in : AIR1949HP1
Bannerji, J.C.1. This is an appeal from a judgment and decree of the Chief Court, Chamba, dated 9th chet 2003, reversing a judgment and decree of the District Judge, dated 21st Maghar 2003, and restoring the decree of Subordinate Judge dated 32nd Jeth 2003, by which the suit of the plaintiff was decreed.2. The plaintiff, Naresh, brought a suit in the Court of the Subordinate Judge for the restitution of conjugal rights. He alleged that in Bhadon 1995 B., according to the custom of the illaqa, he eloped with one Mt. Hiri, a minor from the lawful guardianship of her mother, Mt. Kanchanu. Soon afterwards, he and his father, Paras Ram, visited the house of Mt. Kanchanu and performed the ceremony of 'Patiara. It may be mentioned here that the ceremony of 'Patiara' is a ceremony of appeasement. Its main purpose is to seoure the consent of the parents of the girl abducted or kidnapped. As observed in the Judicial committee File No. 21 of 2003, Hira v. Matlali and Mt. Bhagwantu etc., it is nec...
Tag this Judgment!Bhagwan Das Vs. the King
Court : Privy Council
Reported in : AIR1949PC263
Lord Oaksey: Special leave to appeal was granted in this case without their Lordships being acquainted with the necessary documents, which were no doubt not available. Leave was granted limited to the question of whether or not the proceedings were valid having regard to the fact that the appeal was signed and filed in the High Court by the Advocate- General and not by the Public Prosecutor. [2] The relevant documents have now been produced before their Lordships, and the facts are as follows : [3] By the Government of India Act, 1935, it was provided by S. 55, that every Province was to have an Advocate-General. On 1st April 1937, the Government of India Act, came into force. On 3rd April 1937, a notification in the Gazette provided that in exercise of the powers conferred on him by S. 492, Criminal P. C. 1898, the Governor of the Punjab is pleased to appoint the Advocate-General of the Punjab to be a Public Prosecutor generally for the Punjab. On 5th April 1937, two days later, Mr. R...
Tag this Judgment!Akshoy Kumar Bose and ors. Vs. Sukumar Dutta and ors.
Court : Kolkata
Reported in : AIR1951Cal320
Das Gupta, J.1. The property which is the subject-matter of this litigation was acquired by Satish Chandra Dutta, father of defendants 1 and 3 in the year 1906 by a patta from Narendra Nath Das and others. Satish had a brother named Sital. Respondent 1 is the son of Sital and brought the suit for partition of the property on the allegation that the property, though acquired in the name of only one brother Satish, was really the joint property of the two brothers Satish and Sital. The present appellant was impleaded as defendant 4, as he had acquired a portion of the property in suit by settlement from Satish and another portion by purchase from the heirs of Satish. Other defendants were, apart from the sons of Satish, the other tenants who were in possession of parts of the property, having taken settlement either from Satish or his heirs.2. The defence was that the property was not joint and was really the personal property of Satish acquired with his own money.3. The trial Court reje...
Tag this Judgment!Rameswarlal Bagla and ors. Vs. Bezonji Barjorji Nadadwalla and anr.
Court : Kolkata
Reported in : AIR1950Cal236
Chatterji, J.1. This is an appeal from a judgment and decree of Clough J. dated 14th July 1948. whereby ho dismissed the plaintiffs' suit with costs.2. Three persons, viz., Radhakissen Bagla, Ramniwas Bagla and B. B. Nadodwala, carried on business under the name and style of 'Bagla Minerals Company'. The said Mr. Nadodwala, and one Mr. Haq carried on business in partnership under the name and style of 'Behar Mining Company.' They were also owners of a colliery known as East Chasnalla Colliery.3. According to the plaintiffs on 12th December 1942, the Bagla Minerals Company (hereinafter called the plaintiff firm) agreed to buy and the defendants in their firm of Behar Mining Company (hereinafter called the defendant firm) agreed to sell 2,600 tons of coal on the following terms: (a) 600 tons of coal lying at East Chasnalla Colliery at Rs. 12 per ton f. o. r., Jharia; (b) 2,000 tons Golukhadih Steam Coal which had been bought from another concern of Nadadwala called the Bengal Transmarine...
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