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M.L. Ramchandrasetty and ors. Vs. M.L. Nagappasetty and ors.
Court : Karnataka
Reported in : AIR1950Kant23; AIR1950Mys23
ORDER1. These two cases may be conveniently disposed of by the same order as the points involved for consideration in both are practically identical. The order sought to be revised in both cases in one passed in a suit dismissing two applications one of which, I.A. No. IV was filed by a son of the plaintiff and the other I.A. No. VIII by the sons of the defendants for being added as parties in the suit. The original plaintiff now being dead the petitioner in I.A. No. IV has been impleaded s one of his legal representatives and in view of his being thus made a party in the case Sri Somasekhara Rao, the learned counsel, represents on his behalf that there is no need to consider the correctness of the order so far as he is concerned. The defendants and their sons have applied separately in these two cases for the order being set aside with respect to I.A. No. VIII.2. The pleadings in the case are lengthy, the properties involved are of considerable value and the contest between the partie...
Tag this Judgment!Hardutt Ray Gajadhar Ram Vs. Commissioner of Income-tax.
Court : Allahabad
Reported in : [1950]18ITR106(All)
This is a reference under Section 66(1) of the Indian Income-tax Act, and three questions have been referred to us for answer. The questions are as follows :-'(1) Whether on the true construction of the deed of partnership, dated 15th September, 1932, Krishna Murari was admitted as a partner of the firm or was he admitted to the benefits of partnership ?(2) If Krishna Murari was admitted as a partner, could such a deed of partnership be registered under Section 26A of the Indian Income-tax Act, 1922, and the rules made under the Act and(3) Whether the application dated 23rd July, 1943, was in order regard being had to Rules 2-6B of the Indian Income-tax Rules, 1922 ?'The facts briefly are that Gajadhar Ram and Benarsi Lal were cousins. Gajadhar Ram had two sons, Sundar Mal and Jagdish Prasad. Sundar Mal is dead and his widow had adopted Krishna Murari, son of Jagdish Prasad. Gajadhar Ram, Benarsi Lal, Jagdish Prasad and Krishna Murari were members of a joint Hindu family, and on the 15...
Tag this Judgment!Dominion of India Through General Manager, Eastern Punjab Rly. Vs. Mod ...
Court : Allahabad
Reported in : AIR1959All732
ORDERL.S. Mishra, J.1. This is a revision under Section 25 of the Small Cause Courts Act. It arises out of a suit instituted by Messrs. Modi Sugar Mills Ltd. proprietors of the Modi Vanspati Manufacturing Co., Begama-bad, district Meerut, and firm Gheesa Ram Shiv Narain of Lucknow. The claim was for recovery of Rs. 135/- as compensation in respect of a few missing tins of vanaspati oil from two consignments sent from Begamabad on the North Western Railway to Lucknow on the East Indian Railway.The suit was filed against the Governor-Gene-ral-in-Council through the General Managers, North Western and East Indian Railways. The Governor-General and the North Western Railway are now represented respectively by the Dominion of India and by the Eastern Punjab Railway. The alteration of names is due to the new state of affairs which has come to prevail in consequence of the Indian Independence (Rights, Liabililies and Properties) Order of 1947 and the partition of the country between the Domin...
Tag this Judgment!Deepsingh and ors. Vs. Jorsingh and ors.
Court : Rajasthan
Reported in : AIR1950Raj14
1. This is a first appeal by the contesting defendants in a declaratory suit. The pedigree table so far as relevant to the matter in issue is as under : ZORAWAR SINGH _______________________________|__________________ | | Budh singh, His deoen- Sawai Singh dant in many degrees is | Bijoy Singh, the present Jawan Singh Thakar of Thikana Makrana. | Nand Singh _________________________________________________|______ | | | Gopal Singh Sursingh Pratapsingh | | ___________________________|______ Prem Singh Balsingh | | | Gulab Singh Anand Singh Dhokal Singh | ___________|____ _________|__________ | | | | | | Himmatsingh P-5 Hanumansingh P-6 Mool Singh D-3 Deep Singh D-1 |___________________________________________ | | | | | | Shivjising D-4 Narainsingh D-2 Kalyan Singh Jorsingh Monsingh Agarsing P-1 P-2 P-4 | Dhulsingh P-32. Kalyansingh, Jorsingh, Dhulsingh, Monsingh, Himmatsingh and Hanumansingh who are all descendants of Pratapsingh sued Deepsingh, Narsingh, Moolsingh and Shivjisingh in ...
Tag this Judgment!Special Manager, Court of Wards, Naraindas Narsinghdas Vs. Commissione ...
Court : Allahabad
Reported in : [1950]18ITR204(All)
This is a reference under Section 66(1) of the Income-tax Act. The assessee is the Court of Wards representing the estate of Naraindas Narsinghdas of Gorakhpur. An order was passed by the Income-tax Officer against the assessee under Section 25A of the Income-tax Act. Notice of this order was saved on the assessee on the 30th of January, 1945. An appeal in the prescribed form was filed before the appellate Assistant commissioner on the 19th of February, 1945, by one Nabir Ahmad, Mukhtar-e-am, on behalf of the Special Manager, Court of Wards, representing the estate of Naraindas Narsinghdas, Gorakhpur. The appellate Assistant Commissioner returned the memorandum of appeal on the ground that it was not signed and verified as require dander the rules. The memorandum of appeal was received by the Special manager on the 21st of February, 1945, and on the same day he passed the following orde : - 'Most urgent. Mukhtar-e-am to comply.' The signature and the verification on the memorandum of a...
Tag this Judgment!Bhag Chand Vs. Hanuman Mistri
Court : Allahabad
Reported in : AIR1952All396
ORDERSapru, J.1. This is a defendant's application in revision against an order of the learned Judge, Small Cause Court of Basti decreeing the plaintiff's suit with costs and future and pendente lite interest at 3 per cent. per annum. The plaintiff's story is that on 22-5-1944 the plaintiff entered into a contract with the defendant for the supply of 50,000 first class bricks at controlled rates, between the 5th June and 19-6 1944. The number of first class bricks supplied by the defendant during this period was 18,500 and that of second class bricks 2,77,749. The plaintiff's case is that the controlled rate fixed for first class bricks was Rs. 16 per thousand and that the rate for second class bricks had been settled at Rs. 13 per thousand. According to the plaintiff's calculation, the total price of the bricks supplied was Bs, 656-12-0. His allegation is that a sum of RS. 1000 had been paid in advance by him to the defendant. If this price of bricks supplied which comes to Rs. 656-12...
Tag this Judgment!In Re: Thammineni Santhanamma and ors.
Court : Chennai
Reported in : (1956)2MLJ74
ORDERMack, J.1. Notice is not necessary on this petition, the point involved being one between the Court and four women accused. A private complaint was laid against them and their husbands under Sections 147 and 352, Indian Penal Code. The Magistrate dismissed an application for the women to be represented by their husbands at the trial under Rule 82 of the Criminal Rules of Practice. His order is prima facie erroneous. One reason he gives is that this rule cannot be construed to abrogate the provisions of the Criminal Procedure Code by which he presumably meant Section 205(1), Criminal Procedure Code. Rule 82 merely amplifies and explains Section 205(1), Criminal Procedure Code and a Court should under this 'as a rule where there are more accused than one' permit any one to appear plead or act for such other in any criminal proceeding. The present case is one eminently suitable for the application of this rule. The petitioners are permitted to appear at the adjournments of this case ...
Tag this Judgment!Gajanan Yeshwant Kale Vs. Pandurang Govind Chithade
Court : Mumbai
Reported in : AIR1950Bom178; (1950)52BOMLR238
Gajendragadkar, J.1. The first question referred to the Full Bench is: 'Whether property inherited by a woman from her parents is saudayika or non. saudayika stridhana ?' This question assumes that such property is stridhana and the point which it seeks to raise is whether it is such stridhana as would be within the absolute dominion of the woman who inherits it, so, that she can dispose of it in any manner she likes, either by an act inter vivos or by will.2. The development of Hindu law on the question of woman's right over her property bears eloquent testimony to the fact that Hindu law was never static and rigid, but Was always elastic and progressive. It never rested itself blindly on ancient Sutra or Smriti texts, but took cognisance of new customs and beliefs growing in Hindu society and made changes and adjustments in its provisions from time to time so as to bring them in line with the social conscience of the community. For this purpose, the Hindu commentators pressed into se...
Tag this Judgment!In Re: Jerbai Framji Metha
Court : Mumbai
Reported in : AIR1950Bom243; (1950)52BOMLR236
ORDERTendolkar J.1. This is a reference under Section 18, Land Acquisition Act, 1894. Upon its being called out for hearing, Mr. Banaji appeared for the Government with Mr. K. T. Dasai. Counsel foe the claimants raised a question as to who that Government was entitled to appear on a reference under Section 18; and the matter has now been fully argued before me.2. In order to determine whether the Government has any locus standi in these proceedings, it is necessary to consider the provisions of the Land Acquisition Act. Under Section 3(c) of that Act the expression 'Collector' has been defined as meaning the Collector of a District and any officer specially appointed by the Local Government to perform the functions of a Collector under this Act. Section 4 of the Act provides for the publication of a preliminary notification if the Local Government is of opinion that any land is needed for any public purpose. It also provides that the Collector shall cause such a notice to be published ...
Tag this Judgment!Bajrang and ors. Vs. the Crown
Court : Mumbai
Reported in : 1951CriLJ1498
Hemeon, J.1. The applicants Bajrang and 12 others were committed by the First Class Magistrate, Wardha, to the Court of Session, Bajrang in respect of offences punishable under Section 148 and Section 307 read with Section 34, Indian Penal Code, and the other applicants in respect of offences under Section 148 and Section 807 read with Sections 84 and 149 ibid. The Additional Sessions Judge, Wardha, by his order dated 9th May 1949, held that the trial was to proceed with the aid of assessors in virtue of Rule 224 of the Rules & Orders (Criminal) and rejected the applicants' application for a jury trial, They have now come up in revision to this Court, and their main contention is that the first proviso to the aforesaid rule was ultra vires of the Provincial Government and could not override the provisions of Section 269 (8), Criminal P.C.2. Section 269 runs as follows:(1) The Provincial Government may, by order in the official Gazette, direct that the trial of all offences, or of any p...
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