Court : Allahabad
Decided on : Nov-03-1949
Reported in : AIR1950All371
..... follows:]18. the property in village deorijit is assignment of land revenue and sir plots. section 4, pension's act, xxiiiof 1871, is to the effect that'except as hereinafter provided, no civil court shall entertain any civil suit relating to any pension or grant of money or land revenue conferred or made by the british or any former ..... deorijit. this statement was made on 10th april 1942, and on 15th april 1942, the civil court gave its finding that the share of rashiduddin in the property was only l/8th.16. the present suit was instituted by alimun-nisan and mohammad amin on 16th february 1942. the plaintiffs claim their share in the maternal property left by ..... on the basis of the reports. in 1933 the sir land in village deorijit was partitioned among rashiduddin, riazuddin and his sons.14. on 8th march 1940, mohammad amin, plaintiff, made an application for correction of the khewat of village daorijit requesting that his name should be entered as the legal representative of his mother faqrun-nisan. ..... | | | | | raziuddin abdul muzaffar rashiduddn alfmun niaan fakhran niaan | (died 27th or 12th | (plff.2) (died in 1937) fashihuddin and fobruary 1930) | | | a other(all defte.) | abbas alias said ahmed mohd. amin (plff.1) | ________________________________|__________________________ | | | | | | rafiuddin shafiuddin zaqiuddin mamun khatoon khudaija atiqun-niaan (deft.1) (deft.2) (deft.3) (deft.5) (deft.4) (deft.6) (2) zulfiqar ali __________________________|_______________________ .....Tag this Judgment!
Court : Allahabad
Decided on : Mar-03-1949
Reported in : AIR1949All564; 1949CriLJ868
..... district of moradabad in the zemindari of mohammad mehdi raza. there were ejectment proceedings against ram chander and it was alleged possession was delivered by the court amin to the zemindar's representative on 1lth november 1945. at that time there were no crops in the field. in june 1946, be the prosecution story ..... on the spot (not at the village chaupal), and from each field separately in the manner provided in rule 36 of 0. 21 ot schedule 1, civil p. c, 1908 (v of 1908) in the presence of the tenant, if ho is in the village, and of two villagers whose names should ..... be a different matter altogether. in the present case the procedure prescribed in section 86 of o. 21, civil p. c. was followed and, in our opinion, the mere fact that the qurq amin failed to give notice to the tenant and to deliver possession in his presence would not vitiate the delivery of ..... finding already recorded by us, namely, that ram chander did not know of the proceedings of delivery of possession, that ram chander and his men were acting under a bona fide, though mistaken, belief that ram chander was still the tenant of the plot and that the zemindar's men were, in violation ..... not mean that the proceedings for ejectment would be rendered invalid.9. under section 181, u. p. tenanoy act, eject, ment proceedings are to be made 'in accordance with the provisions of gode of the civil procedure, 1908. relating to the execution of decrees for deli. very of immovable property.' the procedure prescribed in the .....Tag this Judgment!
Court : Chennai
Decided on : Dec-05-1949
Reported in : AIR1951Mad506; 18ITR586(Mad); (1950)2MLJ353
..... same manner as a piece of land; division may only be possible in the boons.'in a later case of the bombay high court, it was held that for purposes of the income-tax act, a joint family in spite of a severance of status, continues to exist as a unit or entity till all the properties ..... question considered was whether or not there was a genuine partnership. in the bombay high court beaumont c. j. and kania j. had to deal with the question in gordhandas t. mangaldas v. commissioner of income-tax, bombay : 11itr183(bom) . ..... lodha v. commissioner of income-tax : 2itr164(all) . in lachiram bal-deodas v. commissioner of income-tax, bihar : 4itr279(patna) , the patna high court took the view that there should be a physical division and not merely a notional separation or division of interest; but the opinion seems to be obiter, as the main ..... a partition of the family properties into definite portions as required by section 25a of the act.26. this section has been the victim of conflicting interpretation not only by the different high courts but by the judges of the same court. it is agreed on all hands that section 25a has no application to a hindu ..... satyanarayana rao, j. 1. under section 66 (i), income-tax act, the appellate tribunal referred to this court the following question :'whether in the circumstances of the case the finding of the appellate tribunal that there has been no partition within the .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-27-1949
..... question been so sharply focused as here. while 11(e), as we have noted, does not contain language the equivalent of subsection (e) of 77 of the bankruptcy act upon which this court rested its ruling concerning review of valuations in the western pacific case, that lack may be supplied in this case by the correlation we think is required between the ..... will not deprive the common of any part of the investment value of their stock. we have already dealt with the hypothesis accepted by the district court and the court of appeals that the impact of the act prior to the liquidation involved here has caused losses by forcing the company to divest itself of its interests in numerous operating companies. [ footnote 47 ..... ) throws little light on the problem. there was, surprisingly, only casual -- indeed, tangential -- discussion of it. the analogy to proceedings under 77 of the bankruptcy act, drawn by the commission and referred to by the court of appeals, rests chiefly upon the statement of senator wheeler, cosponsor of the bill, made during a colloquy in debate on the senate floor and set ..... and the market history of the preferred. these factors might more than offset the factor of investment value, the testimony as to which the court accepted. in any event, thought the court, several other considerations have this effect. the act, in addition to compelling the preferred stockholders to surrender "this present enhanced value," page 338 u. s. 111 worked hardships on the common .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-06-1949
..... the statute looks to the substantial effect of the order made." thus, despite our unanimous rejection of the contention in ettelson, the court now holds that the rules of civil procedure have displaced both the enelow and ettelson interpretation of 129 of the judicial code. the basis for overruling the enelow and ettelson ..... rather, a case of a judge making a ruling as to the manner in which he will try one issue in a civil action pending before himself. the fiction of a court with two sides, one of which can stay proceedings in the other, is not applicable where there is no page 337 u. ..... in the administration of justice. to that end, and with careful regard for the constitutional rights of the parties, this court, pursuant to specific authorization by congress, adopted the rules of civil procedure, abolishing procedural distinctions between law and equity and establishing a single unified practice. we would ill serve the stated ..... in the law and equity sides of the courts. in that year, this court adopted new equity rules, of which rule 22 and rule 23 made a significant start in procedural unification. a major step occurred in 1915, with the enactment of the law and equity act, 38 stat. 956, which added 274a and ..... 274b to the judicial code. the net effect of these additions was to allow transfer of action begun on either side of the court to the other side, page 337 u. s. 257 without .....Tag this Judgment!
Court : Allahabad
Decided on : May-12-1949
Reported in : AIR1949All513; 1949CriLJ798
..... p, c. and in revisions from appellate orders passed under that section that where the proceedings were initiated in a civil cr revenue court the proceedings under that section are of a civil nature: see in the matter of the petition of bhup kunwar and anr. 26 all. 249 : 1 cr. l ..... held that no letters patent appeal was competent as the single judge acting under the provisions of section 491, criminal p, c, was exercising a criminal jurisdiction and not a civil jurisdiction. it was further held that the high courts in india are not competent to issue prerogative writ of habeas corpus ..... letters patent appeal was competent as the learned single judge acting under the provisions of b. 491, criminal p. c, was exercising criminal jurisdiction and not civil jurisdiction, no case has been cited of any high court in india o of the federal court in which coats have been awarded in proceedings under ..... clear. in civil cases the costs of a successful applicant for a writ of habeas corpus were some, times awarded, but in criminal cases, the courts formerly had no power to award costs on habeas corpus . in recent times, however, the court has power, under section 60, supreme court of judicature (consolidation) act, 1925 (16 ..... civil matter. in the queen v. jones and anr. (1894) 2 q. b. 382 : 63 l.j.q.b 656, costs were awarded in an application for the writ of habeas corpus as it was held that, in that particular case, the matter was not covered by section 4 of the supreme court of judicature act .....Tag this Judgment!
Court : Chennai
Decided on : Dec-13-1949
Reported in : AIR1951Mad218; (1950)2MLJ379
..... learned counsel for the respondents, raised a preliminary objection to the hearing of this appeal against an order of remand passed by the lower appellate court under order 41, rule 23, civil p. c. the argument is that the order of remand has been carried out and the suit decided and the remedy of the defendants, ..... legislation has been rendered ne-cessary by the reliance placed by mack j. on certain decisions of the calcutta high court given before the coming into force of the civil p. c. of 1908. 3. the civil p. c. of 1908 not only gives an aggrieved party a right of appeal against a preliminary decree or ..... is concerned. in manickam pillai v. mahudam bathummal : air1925mad209 , wallace j., held in revision under section 115, civil p. c., that it was competent to this court to set aside an order of the lower court setting aside the dismissal of a suit for default of appearance of the plaintiff, even though the suit had been ..... on the merits i am of the opinion that the order of the lower appellate court is perfectly justified in view of the wide language of order 41, rule 23, civil p. c. as amended in madras. section 123, t. p. act. requires that a gift of immovable property must be effected by a registered instrument signed ..... , 30 all. 479 : 5 a. l. j. 447 , that the fact the suit had been decided by the court of first instance in compliance with an order of remand made under section 562, civil p. c. (order 41, rule 23), was no bar to the filing of an appeal from an order of remand or .....Tag this Judgment!
Court : Allahabad
Decided on : Nov-16-1949
Reported in : AIR1952All628
..... required by the provisions of section 11, civil p. c. are fulfilled.4. the issue which now arises for consideration is whether any mortgage subsists which hinga & ..... that a collector exercising jurisdiction under section 10, u. p. agriculturists' relief act, cannot be said to be a court of special jurisdiction. under section 2, sub-section (5) the expression 'court', as used in the act, means a 'civil court.' section 10 lays down that applications under chapter iii of the act shall, if the principal money secured does not exceed rs. 500, be ..... gages by making an application. it has also provided another civil court besides those of munsifs & civil judges, where suits for redemption are ordinarily instituted, the court of the collector. care has been taken to make it clear that the collector, while he exercises jurisdiction under chap. iii of the act, is a civil court. it will thus be seen that all the conditions ..... , for the purposes of proceedings under chap. iii of the agriculturists' relief act, a civil court, & under section 10, applications for redemption, if the principal money secured does not exceed rs. 500, must beinstituted in his court there is no inherent lack of jurisdiction in a munsif or other civil court to entertain such an application. reference in this connection may, with advantage be .....Tag this Judgment!
Court : Chennai
Decided on : Mar-24-1949
Reported in : (1949)2MLJ114
..... instituted, he could not be heard to say that he was not ' dwelling ' within the jurisdiction of the high court. the calcutta high court had to consider an identical question under the lunacy act, section 62 in radharani v. nibaran chandra : air1929cal512 . in that case the alleged lunatic was residing in the ..... allegations in the affidavit filed in support of the petition the district court of tanjore has jurisdiction to entertain the application. the word ' residence ' is contained not only in section 62 of the act, but also in other acts. in the civil procedure code, section 20. clause (b) the place of the residence of ..... the defendant is made also the basis of the jurisdiction of the court to entertain the suit among other grounds but there is an explanation ..... of the person is disputed there should be first a public judicial inquisition under section 62 and the subsequent sections of the act and then if the court comes to the conclusion after such inquisition that a proper case is made out it would appoint a personal and property ..... permanent resident of mysore state and that therefore, he was not subject to the jurisdiction of the district court of west tanjore.2. the petition under section 62 of the lunacy act was filed by the father of the alleged lunatic and impleaded as party to that petition the respondent who .....Tag this Judgment!
Court : Chennai
Decided on : Mar-22-1949
Reported in : (1949)1MLJ622
..... itself to which they contended they were entitled under the preliminary decree. the next stage was the application under revision filed under section 151 of the civil procedure code by the defendants 2 to 6 for a court direction to the commissioner to auction the house as between the two sharers; and to re-allot the garden plots among them in modification of the ..... is that it is really incapable of any equitable or practicable partition into two shares in the circumstances. it is eminently a case to which section 2 of the partition act should be applied in which a division of this house cannot reasonably or conveniently be made and in which on the request of the plaintiff who reiterates it again here ..... direct a sale of the entire property and a distribution of the sale proceeds amongst the sharers. it is regrettable that section 2 of the partition act is so frequently ignored by executing courts in seeking to give effect to family partition decrees and in trying to fragment land and houses into impracticable impossible and uneconomic segments. i am wholly unable to ..... the learned district munsiff should have given effect to in the previous application was an order for the sale of the house and the entire garden in court auction under section 2 of the partition act read with section 6. this course will now be adopted. it will be open of course, to the sharers to bid, but provided they are in .....Tag this Judgment!