Court : Kolkata
Decided on : Jul-24-1911
Reported in : 15Ind.Cas.691
..... the plaintiff's case stands unrebutted.30. the only point they make is in regard to an affidavit of one basant lal in 1895 in execution proceedings stating that the villages were the putra putradik jagir of musammats badam koer and khetrani koer. this was affirmed on the 8th july 1895.31. ..... ladies died much more than 12 years ago, the plaintiff's claim is barred by limitation. it was also urged that the plaintiff had, in execution proceedings, through his karpardaj basant lal, described the villages as ancestral jagir of the ladies and is, therefore, estopped from asserting the contrary. it was ..... is not a particle of evidence to show that there was any dispute. the contention rests on an assumption that the ladies were holding on as hindu widows after the death of deodhar and claimed an absolute estate, 'there is nothing to show this and if the story of the sanad be ..... maintenance of the three ladies but was an absolute jagir granted to the ancestors of their husbands which the ladies had been holding under the ordinary hindu law; that even if the tenure was terminable on failure of male issue in the line of the original grantees, as the husbands of ..... filed road-cess returns which was the only act of tenancy they had to perform.3. he also found that there was no special limitation in respect of the section 145 (criminal procedure code) proceedings inasmuch as the minor defendants were not parties to the section 145 (criminal procedure code) proceedings and defendants nos. 7 and 8 were .....Tag this Judgment!
Court : Kolkata
Decided on : Aug-30-1911
Reported in : 14Ind.Cas.380
..... .j. 142 : 13 ind. cas. 898 the application of the appellants for appointment of themselves as guardians of the person of their stepdaughter was not made voluntarily. no proper judicial proceeding can le instituted upon an application so made and the order for appointment of guardians and the directions given to them relating to the marriage of the infant must, therefore ..... is bad, because it was not competent to the learned judge to give any directions to the guardian as regards the marriage of the infant; and thirdly, that as the proceedings for the appointment of the guardian were in their entirety without jurisdiction, a violation of an order made without jurisdiction could not render the appellants liable to be punished under ..... carried out, because at the time the order was made, the girl was with the family of her husband. the learned judge thereupon proceeded to impose a fine upon the appellants under section 45. he also took proceedings against the appellants to punish them on account of their disobedience of the original order and ultimately directed that they should be confined in ..... element for serious consideration in cases where such divergence actually happens. but in a case where the person appointed guardian under the guardians and wards act is also the guardian for marriage under the rules of hindu law, the distinction can hardly be maintained on principle. it is not necessary for us, however, to decide this question finally, because we are of .....Tag this Judgment!
Court : Mumbai
Decided on : Aug-22-1911
Reported in : (1912)ILR36Bom564
..... that everything that was done was done regularly and properly. the first time that the plaintiff's solicitors seem to have a suspicion of irregular proceedings on the part of dwarkadas was after mr. stringfellow's letter to the plaintiff on the 10th of august 1909, exhibit c they were evidently ..... the action of the parties subsequent to the execution of that agreement and the events that followed, i have no hesitation in holding that a valid, legal and binding further charge was created in favour of the plaintiff against the mortgaged property of the defendant-company for the two lacs of ..... enunciation of law by sir lawrence jenkins is not on a point on which the case was decided.54. in this case, govind v. parashram (1960) 25 bom. 161, the parties adjusted their accounts and the debtor agreed to give a mortgage on certain specified immoveable property for a part of ..... articles of association appointed a managing director, but the directors, who were named in the articles and signed the memorandum of association, refused to act and passed a resolution that the company should not carry on business or allot shares. notwithstanding this resolution, the managing director and one of the ..... commission agent, through his munim and other servants in bombay. the defendant is a joint stock company incorporated under the provisions of the indian companies act of 1882 and is now in liquidation. the principal director of the company and the senior partner in the firm of its secretaries, treasurers and .....Tag this Judgment!