Court : Kerala
Decided on : Mar-26-1958
Reported in : AIR1959Ker116
..... appeal was there any contention that the properties now in dispute were acquired by defendant 1 during his management of the tarwad with the aid of the income from tarwad properties. all that he had claimed before the preliminary decree, in the appeal and in the second appeal was only that the disputed properties ..... member of the tarwad but also one-fourth of the properties which he had acquired with the aid of the income from tarwad properties. neither that section nor any other section in the nair act prescribes the procedure to be adopted in partition suits.the procedure in partition suits is governed not by the provisions ..... help of tarwad property but it would not be a case of acquisition with the help or aid of the income of tarwadproperty which is the condition prescribed by section 40 of the nair act for entitling the manager who acquired the property to get one-fourth of it.it is only when property has ..... be partitioned was nagatived he had a special right over them under section 40 of the nair act and was entitled to get one-fourth of them as they were acquired by him with the aid of the income of the tarwad properties during his management of the tarwad. if he has any special right ..... been acquired with the aid of the income of tarwad property that the manager can claim the right to get one-fourth .....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 : 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 : 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 : 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!
Court : Kerala
Decided on : May-16-1958
Reported in : AIR1959Ker38
..... to recover possession of the middle plot of kypallivilagom puraidom alsoon payment of value of improvements thereonwhich also will be determined in accordance withthe provisions of act x of 1956. except to theextent indicated above, the appeals are dismissed.respondents 7 and 11 (defendants 49 and 59) ina. s. no. ..... as a supplementaryground and is based on the travancore-cochin compensation for tenants improvements act (x of 1956.) which provides for computation of compensation for trees, on three-fourth of the capitalised net income for 20 years. until this act was passed on 31-10-1956, there was no statute law in travancore ..... governing the award of such compensation, but according to judicial decisions the practice was' to capitalise the income for 8--1/3 years in the case ..... of cocoanut trees, jack trees, etc., to deduct one-fourth of the same for tax ..... and maintenance and another one-fourth as the share of the owner of the land and to award the balance to the mortgagee or tenant as value of improvements.the additional ground has been raised to take advantage of the new act. this claim is objected to .....Tag this Judgment!