Court : Orissa
Decided on : May-12-1958
Reported in : AIR1959Ori117
..... charges.3 per cent.unforseen liabilities.5 per cent.all these clauses will have to be completely revised. only 2 per cent of the total income is set apart for the personal and medical expenses of the mahant. i have already quoted the observations of the supreme court to the effect ..... invalid (pages 1029 and 1064 ibid (scr): (pp. 291 and 392 of air)). (vii) the mahant has unfettered discretion to dispose of the surplus income of a math, except in respect of expenses for personal use unconnected with the dignity of his office. this power of disposal of the surplus cannot be ..... does not apply to the mahant. succession to mahantship depends on the special customs prevailing in each institution and in cases of disputed succession the new act gives ample powers to the commissioner to make suitable interim arrangements.clause (7).-- this clause authorises the board of trustees to elect a president from ..... -known that maths are purely sectarian institutions and are established with a view to propagate the tenets of a particular sect amongst hindus. in the old act, however, the corresponding definition clause, namely section 6(10) was better drafted, and that clause made it clear that a person of the religious persuasion ..... the endowment and this power of disposal over the surplus income should not be taken away from him in such a manner as to impair his dignity and efficiency as head of the institution.5. in the new act also sections 72 and 72-a were specially inserted so as to avoid any .....Tag this Judgment!
Court : Orissa
Decided on : Jan-13-1958
Reported in : AIR1958Ori254; 24(1958)CLT127
..... and have divested myself of my rights from the lands. from today this land has become yours. you will keep this land in your possession and from out of its income, you will pay the government revenue and with the balance usufruct you will maintain yourself and if necessary you can sell and mortgage or transfer the land to meet your ..... and laxmi. he made an oral will under which he bequeathed the property in dispute to his daughter laxmi. on 6-9-1906 mst. sheokori and mst. badni purporting to act in accordance with the directions of the oral will, executed and registered a deed of gift of the property in favour of mst. laxmil the gift deed contained the following .....Tag this Judgment!
Court : Orissa
Decided on : Apr-15-1958
Reported in : AIR1958Ori260
..... the budget and says that every grama panchayat shall prepare and lay before the annual meeting of the grama sabha a budget estimate of its income and expenditure for the year commencing on the first day of april next following. under section 98, the district magistrate shall also have the ..... fund for every grama sabha and to the credit of the said fund shall be paid all the proceeds of any tax, toll, etc.; fines imposed and rea-lised under the act etc.; such portion of the rent or other proceeds of government property as the provincial government may direct to be ..... proving that the result of the election has been materially affected on the petitioner who impugns the validity of the election, though under the english act (ballot act, 1872, section 13), the burden is upon the respondent to show the negative, i.e., that the result of the election has not ..... that the interpretation of sub-section (8) of section 123 and clause (b) of the explanation appended thereto of the representation of the people act put by the petitioner is correct and there is no justification for holding that only government servants were intended to be restricted from influencing voters by ..... the election tribunal (shri t. v. rao, district. judge, puri) dismissing his application under section 81 of the representation of the people act, 1951 (hereinafter called the act) for declaring void the election to the orissa legislative assembly of raja bahadur kishore chandra deo bhanj o daspalla, respondent no. 1, from .....Tag this Judgment!
Court : Supreme Court of India
Decided on : May-23-1958
Reported in : AIR1958SC941; (1958)36MysLJ(SC)775; 1SCR1085
..... the said ijaradar should make his own arrangement for the cultivation of the ijara property, get it cultivated by others, realise the nakdi and jinsi income of the ijara property from the tenants................ and appropriate the produce of both the shares thereof. i, the executant, and my heirs and representatives ..... far as such contract does not extend, by local usage.' 17. the question whether this section excludes the operation of other relevant provisions of the act, including section 77, need not be considered in this case, for, whether section 77 applies, as the learned counsel for the respondents contends, ..... parties would be governed by the terms of the contract between them and not by the provisions of section 76 of the transfer of property act. the question does not really fall to be decided in this case. whether the transaction is a usufructuary mortgage or an anomalous mortgage, ..... judge that the document was a usufructuary mortgage but differed from him on the question of applicability of section 77 of the transfer of property act. the high court set aside the decree of the learned subordinate judge and passed instead a preliminary decree for redemption and sale on default ..... learned subordinate judge held that the document created a usufructuary mortgage and not a lease and that section 77 of the transfer of property act applied to the document exonerating the appellant from any liability to render accounts. in the result, the learned subordinate judge gave a conditional .....Tag this Judgment!
Court : Orissa
Decided on : Dec-23-1958
Reported in : AIR1959Ori132
..... and resumed conjugal relationship with defendant no. 1. they denied the extent of family properties as stated by the plaintiff. they stated that the annual income was only 50 purugo of paddy and rs. 100/- from other crops. they therefore, stated that the plaintiff was not entitled to any maintenance ..... it should receive beneficial construction so as to suppress the mischief and advance the remedy and extended meaning may be given to the words in the act if they are, fairly susceptible of it. doubtless, the construction must not be strained to include cases plainly omitted from the natural meaning of ..... by mr. mohapatra, 1 do not think it necessary to go into this question in detail. in my opinion, the hindu adoptions and maintenance act of 1956 is retrospective in operation to the extent that it applies to pending litigations. i would consequently hold that the plaintiff is entitled to ..... v. satyanara-yanamurthy, air 1958 andh pra 582 a division bench of the andhra pradesh high court held,'there can be little doubt that the act can be applied to pending proceedings as the court should take into consideration the subsequent legislation which has altered the rights of the parties. where, ..... operate retrospectively or to deprive husbands of the rights which had been acquired by them before its enactment. it provides merely that after this act comes into force a hindu wife shall be entitled to separate residence and maintenance in certain circumstances and that she will forfeit her right to .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Sep-16-1958
Reported in : AIR1959SC198; 1SCR1287
..... been mentioned in the notification. they are made from time to time by the devotees who visit the darga and by their very nature they constitute the income of the darga. it is unreasonable to assume that offerings which would be made from year to year by the devotees should be specified in the ..... to the said properties by the savings from the income of the endowed properties and the offerings brought by the devotees. 7. the tomb was managed by a body of persons known as khuddams of the darga ..... at the shrine every year and it was attended by a large number of devotees who made offerings before the shrine. it is partly from the income of these offerings that the tomb is maintained. certain properties were endowed by the emperors of delhi in favour of this tomb and accretions were made ..... them as well as the expenses incurred in the realisation of the income and the pay of the mutawalli. the commissioner has also to ascertain and determine whether the waqf in question is one of those exempted from the provisions of the act under section 2. the result of this enquiry has to be indicated ..... 4 of the act provides for the survey of waqfs to be made by the commissioner of waqfs appointed under sub-section (1) of section 4. sub-section (3) requires the commissioner to ascertain and determine inter alia the number of shia and sunni waqfs in the district, their nature, the gross income of the .....Tag this Judgment!
Court : Karnataka
Decided on : Aug-20-1958
Reported in : (1959)ILLJ95Kant
..... plantation workers' union (hereinafter referred to as the union). hence this dispute is at the most an individual dispute but not the industrial dispute as defined under the industrial disputes act (central act xiv, 1947). 7. secondly it was further submitted that there is no evidence as to the workers of the respondent-estate have taken the cause of keshava maistri. the ..... 3. the respondent management of hospet estate, chickmagalur (hereinafter referred as estate), on the other hand, stated that there is no industrial dispute as defined under the industrial disputes act (central act xiv 1947). hence the claim of the petitioner is not sustainable. the claimant was not an employee of the management at any time but it was the labour contractor velayudha ..... the delinquent. no explanation was obtained. the witnesses were not examined to substantiate the allegation. in the absence of such evidence i have a reason to say that the management acted arbitrarily. 53. an effort has been made in the evidence on behalf of the respondent-estate that keshava maistri absented on various occasions without obtaining the authorized leave. sri lobo ..... the company.' 25. it was, further, observed by their lordships in the same case that the appeal was directly concerned with the 'central provinces and berar industrial disputes settlement act of 1947. so there was no need to express a final opinion on the question whether a dispute simpliciter between an employer and a workman would be an industrial dispute .....Tag this Judgment!
Court : Karnataka
Decided on : Dec-11-1958
Reported in : AIR1959Kant235; AIR1959Mys235; ILR1959KAR135; (1959)ILLJ531Kant
..... above. the jurisdiction to decide if there is such conformity and if not to make the necessary modifications and additions is clearly that of these authorities under the act. if they act within the limits of such jurisdiction, their decision cannot be interfered with. hence the only question that can be agitated before us is whether the appellate authority in ..... which the standing orders or the last modifications thereof came into operation. the direction of the appellate authority, in our opinion, is quite in accord with this provision of the act. we do not, therefore, find any justification for the contention that the appellate authority has to any extent exceeded its jurisdiction. the petition, therefore, deserves to be dismissed. ..... states that it shall not be the function of the certifying officer or appellate authority to adjudicate upon the fairness or reasonableness of any standing orders. the preamble of the act requires definition of conditions of employment with sufficient precision. reading the two together, wanchoo, j., states that if a draft standing order is sufficiently precise in its statement, ..... authority might have committed while functioning within the limits of its jurisdiction. the only way in which the writ petition can be supported is on the basis that the act confers a limited jurisdiction on the certifying officer and the appellate authority functioning thereunder, and by showing that the authorities have exceeded their jurisdiction or have committed an error .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Aug-22-1958
Reported in : AIR1960AP35
..... of wards under whose management the estate of the plaintiff was. the founding of the college became impossible by reason of the passing of the lucknow university act, 1920 and the defendants, who were the promoters of the college, wanted to utilise the collected funds for general educational advancement of the community.the plaintiff ..... assessment, they were bound to hold the land so granted for the benefit of the trust under the provisions contained in section 88 of the indian trusts act. it cannot be denied in the case that prior to the resumption the lands were being cultivated by or on behalf of those who were the ..... in the case of land for the institution which has ceased to exist, if the trust be by will showing a general charitable intention, the court would act, but in case of a deed with a similar intent, it would not. such a refusal would be not on grounds of limitation in rule itself; ..... wedding of king george v. under the direction of the queen the fund was held by the treasurer for charitable endowments and the income was applied for the higher education of the children of soldiers who had fallen or become permanently disabled during the war. part of the ..... income could not be spent on those objects which resulted in accumulation of a considerable sum as surplus income. in these circumstances the court applied the cy pres principle and extended the scope of the trust by .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Oct-23-1958
Reported in : AIR1959MP245
..... the defendant was held justifiable under sub-section (4) of section 2 of the hindu married women's right to separate residence and maintenance act, 1946 (act no. xix of 1946).5. the learned counsel for the appellant urged that the appellant was not liable to pay maintenance, as he was ..... its powers of administration over the chhattisgarh states to the (then) provincial government of central provinces and berar under section 4 of the extra provincial jurisdiction act 1947, which in its turn issued c. p. states (administration) order 1947. therefore, raigarh state came under the legislative control of the provincial ..... as chhattisgarh. from the list of laws in force prior to integration, we gather that hindu law was in force in raigarh state, but act no. xix of 1946 had not been applied by the darbar. under the general hindu law, the respondent was not entitled to separate maintenance ..... not entitled to separate maintenance under section 2 sub-section (4) of the hindu married women's right to separate residence and maintenance act, 1946, as the act was not applied to the former raigarh state until 19-6-1948. it is necessary to trace, the legislative history of raigarh state ..... of the net income towards her separate maintenance.15. the respondent could claim separate maintenance either under the statute or the alleged agreement arrived at before the caste panchayat. she was not entitled to separate maintenance under act xix of 1946. she, however, became entitled to it under act 78 of 1956. .....Tag this Judgment!