Court : Orissa
Decided on : Apr-18-1963
Reported in : AIR1963Ori189
..... part i, p. 58, the following passage occurs :'offer to the public -- what is an offer to 'the public' cannot be definitely stated. the act contains no definition, and an offer 'to the public' is not a technical expression; it should therefore be read in its popular sense. now, in common ..... of the affairs ot the company which cannot otherwise be suitably dealt with under the other provisions of the act. we accordingly recommend the enactment of 2 sections :'on the basis of this report, section 398 was enacted. it was rightly observed in an unreported decision of the calcutta high court in company ..... irresistible conclusion is that all the documents called for were produced in court and were available for inspection. some of the documents were definitely inspected by the petitioner.there is no other evidence whether other documents produced in court in accordance with the court's direction were actually ..... , and the controversy need not be further pursued. the nature of the company, when it was private, was in substance a partnership. in (1916) 2 ch 426 in re, yenidje tobacco co. ltd., cozens hardy m. r. observed :'but ought not precisely the same principles to apply to ..... mismanagement. in my view, the application under section 398 is wholly misconceived. facts identical with those alleged under section 397 have been made the basis of an application under section 398. the two sections cover two different fields though there may be some degree of over lapping in the facts and circumstances .....Tag this Judgment!
Court : Karnataka
Decided on : Dec-09-1963
Reported in : AIR1964Kant84; AIR1964Mys84
..... affect transfers, partitions orencumbrances, as between different members of a hakdar'sfamily.'164. an alienee of an emolument is called by the impugned act as an authorised holder who is defined by section 2 (i) (b) which reads :-'2. definitions (i) in this act, unless the context otherwise requires, --* * * *(b) 'authorised holder' means a person in whose favour a land granted or continued in respect of ..... plaintiffs are very near to the line makes it none the worse. that is the inevitable result of drawing a line where the distinctions are distinctions of degree; and the constant business of the law is to draw such lines.' .95. gas we say that the line which the legislature drew in this case between the posts abolished ..... /, at p. 303. of course, this is especially true when local conditions may affect the answer, conditions that the legislature does but that we cannot know, cusack co. v. chicago,-- (1916) 242 u. s. 526 at pp-530, 531 ............ if in its theory, 'thedistinction is justifiable, as for all that we know it is, the tact that some cases, including the ..... call-ed by the same names must be treated in the same way the power of the state 'may be determined by degrees of evil or exercised in cases where detriment is especially experienced.' armour and co. v. north dakota (1916)240 u.s. 510 at pp. 517, 548. it may do what it can to prevent what is deemed an evil .....Tag this Judgment!
Court : Chennai
Decided on : Jul-05-1963
Reported in : AIR1964Mad18
..... though it might constitute a wakf under the mahommadan law will come within the scope of the wakf act of 1954. section 2 of that act declares that the' provisions contained in the act will apply to all wakfs. but the term 'wakf' has been defined in section 3 (i) as meaning 'a permanent dedication by a person professing islam of any moveable or immoveable property ..... of giving religious instruction to muslim boys and with the object of giving appropriate secular education to muslims and non-muslim boys i established a free school in the year 1916 at rajagiri for the benefit of the students studying in the school as well as the members of the public belonging to the other communities. i have been conducting since ..... in tanjore dt. who appears to have been a man of enterprise and who evidently had enlightened views, acquired considerable properties by his business in foreign countries. in the year 1916, he established at his place a school known as madras kassima for the benefit alike of muslims and non-muslim boys. eight years later he started a free dispensary which ..... support or maintenance of objects of utility to the said community, or section such as rest houses, for feeding the poor and institutions for the advancement of education, medical relief and public health or other objects of a like nature and includes the institution concerned.'it was held that the definition postulated the test of exclusiveness and unless therefore the benefits of an .....Tag this Judgment!
Court : Chennai
Decided on : Aug-23-1963
Reported in : AIR1964Mad412
..... be proof readers because at certain stages they examined proofs, copy-holders as such are not expressly mentioned in. the definition in section 2(f) of the act and they would be entitled to wages of a working journalist only if they show that they come within the terms of the ..... under the enactment working journalist is deemed to include a proof-reader. copyholders as such are not expressly mentioned in section 2(f) of that act, but having regard to the functional definition adopted by the wage committee they would be entitled to the same salary as proof readers only if they show that ..... definitions of working journalists.'10. turning to the definition of 'proof reader' as given in the schedule to the report which we have extracted above we ..... i. e., for six hours day of work, the management declined to extend them that benefit on the ground that although the definition of the term 'working journalists' in the act purported to include them, the object and scope of the enactment did not envisage such persons getting benefits thereunder. this resulted in ..... the hindu for the issue of a writ of certiorari to quash the orders passed by the labour court, madras under section 9(2) of the working journalists (fixation of rates of wages} act (xxix of 1958) directing the payment of certain, sums by the management to the third respondent in the several appeals .....Tag this Judgment!
Court : Karnataka
Decided on : Mar-22-1963
Reported in : AIR1964Kant117; AIR1964Mys117; ILR1963KAR691; (1963)2MysLJ421
..... the reversal or variation of a decreeor order under which one of the parties had obtained some benefit.9. a decree as defined in section 2(2) of the code of civil procedure as a formal expression of an adjudication which conclusively determines the rights of parties in regard to all ..... separate suit to obtain restitution on the variation or reversal of a decree. the legislature has given effect to this view by enacting sub-section (2) of section 144 which provides that'no suit shall be instituted for the purpose of obtaining any restitution or of her relief which would be obtained ..... order passed, under section 144 is not an order in execution under section 47 of the code for the purpose of the court fee act and that ad valorem court-fee should be paid on the memorandum of appeal as such order amounts to a decree within the meaning of section 2(2) of the code ..... determined by a court executing 3 decree,'while section 144 had been included in a separate ..... had drawn clear distinction between an order passed under section 47 for the execution of a decree and an order passed under section 144 mr restitution by including them distinctly under the definition of 'decree' and referred also to the fact that section 47 had been included under the heading'questions to be .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Apr-23-1963
Reported in : AIR1963MP306; 1963MPLJ570
..... . another source of confusion is the fact that the phrase 'burden of proof' has been used in two senses which are apparently similar but include a definite difference. the burden mentioned in section 101 of the evidence act is what i would call the genera! burden of proof or 'burden of proof properly so called', which never shifts. on the other hand, what ..... kerala 120). in this case there were two gentlemen, one named s. k. pottekkat and the other called sukumaran pottekkat, both practising journalism, though there was a difference in the degree of popularity. probably the activities of the one were in good faith, but the other thought that he was playing a 'treacherous trick' in the electionand wanted to expose him ..... late ravishanker shukla, father of vidyacharan. he was with him when he became chief minister of madhya pradesh in 1946 or 1947 and held office as 'parliamentary secretary' in the medical department of which the minister in charge was one dr. hasan of whom more later apropos of the second allegation, owing to differences with the cabinet dr. hasan resigned carrying ..... proper that it should, apologise, and accordingly published a becoming apology in its issue dated 26th january 1962. this being accepted, the shuklas dropped the suit against defendants 1 and 2. in august 1962 the suit against lohiya himself was dismissed on the finding that a dead person could not be defamed. we are here not concerned either with the ethical .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Sep-13-1963
Reported in : AIR1964AP332; 52ITR16(AP)
..... competent to dispose and was accountable to the extent of the assets he had received for the estate duty in respect thereof, under section 6, sub-section 2, of the finance act, 1894, and that the fact that the testator's power of disposing of the shares and effecting any transfer of them was temporarily ..... were sui juris, enable him to dispose of property; xx xx xx xx' 15. the other clauses of the sub-section do not havemuch of a bearing and, therefore, they reed not be-extracted here.section 2, clause (16) recites: ' 'property passing on the death' includes property passing aither immediately on the death or after ..... estate of the late salar jung and in doing so shall have all the powers and duties of the court of wards under the court of wards act, 1350f. section 3-a, which was inserted by regulation no. lxiv of 1358 f., runs as follows : the estate of the late salar jung, including his ..... the treaty of peace. 35. coming now to the remarks of lord parker in daimler co. v. continental tyre and rubber co. (great britain) ltd.,(1916) 2 ac 307 at p. 347, they are in consonance with the principle enunciated in the speeches of lord finlay l. c. and lord haldane. 36. the ..... was vested in the public trustee as custodian, 'for all the estate and interest therein then vested in prince munster.' by another order of july 4, 1916, the shares and securities were similarly vested in the custodian. two years thereafter, the special commissioners of income-tax required the public trustee to make returns .....Tag this Judgment!
Court : Chennai
Decided on : Sep-03-1963
Reported in : AIR1964Mad320
..... the part of the lower courts in regard to the true construction of section 14(1) of the act. what that section enacts is to convert a limited estate which a woman possessed under the law (except in the cases provided by sub-section (2) ) into an absolute one; it does not in terms render void ..... nothing in the foregoing provision (sic) a repeal by implication of any rule of hindu law not directly contradictory of the provisions contained in the act. therefore section 4 will not abrogate any principle outside the rule of succession. by way of illustrating what we have said, we would like to refer to ..... 's right to divest even an inheritance which has vested absolutely in an heir; that is of particular value to the interpretation of section 14(1) of the act which does nothing more than confer an absolute estate on the female owner. the existence of such an estate therefore in an intermediate ..... under the mitakshara law has been made heritable property in certain circumstances. no distinction has been made between a male and a female heir of equal degree in the matter of inheritance; the limited estate of woman who has inherited and those in possession as an heir has been enlarged into an ..... and foreign marine insurance co. v. sanday (samual) and co., (1916) 1 ac 650 -'i should look more carefully in a codifying act to see whether any existing law is altered by express words, and should not hold that the act is going beyond codification unless it puts the matter beyond dispute.'it cannot .....Tag this Judgment!
Court : Mumbai
Decided on : Jul-10-1963
Reported in : AIR1965Bom114; (1964)66BOMLR758
..... is whether this contract should be considered as relating to matters considered as commercial under the law in force in india as mentioned in section 2 and whether the contract is commercial as envisaged in the preamble of the act. in this connection, mr. parpia has relied upon certain authorities, but the best authority in favour of the defendants is the observations ..... that in matters of commercial contracts foreign arbitrations and awards should be recognised and enforced. having regard to the purpose of the act, i have no doubt that widest meaning must be given to the word 'commercial' as contained in section 2. it is also important to bear in mind that though in the preamble the word 'contracts' is used, in the ..... ousted by agreements of parties. (17) mr. banaji has relied upon the preamble and section 2 of the act and argued that to the arbitration clause and the contract between the parties the provisions of the act are not applicable at all. the relevant parts of the preamble and section 2 runs as follows:'whereas india was a state signatory to the protocol on arbitration clauses ..... guaranteed is freedom in its widest amplitude - xxxxx'. mr. parpia has strongly relied upon the above observations and particularly the words 'communication of information'. mr. banaji has relied upon the definitions of the words 'commerce' and 'commercial' as contained in webster's third new international dictionary (unabridged). he has also relied upon the rules on the original side of this court .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Nov-11-1963
Reported in : AIR1965AP69
..... ac 586 at p. 602 as one of the best definitions of judicial act as distinguished from an administrative act, which in turn was followed in several other cases. it will be seen that what may, c. j. , emphasises is that in ..... law to inquire into facts, make estimates to impose a rate on a district, it would seem to me that the acts of such a body involving such consequences would be judicial acts.'this definition of may, c. j. , was approved by lord atkinson in frome united breweries co. v. bath justice, 1926 ..... purely subjective. the words 'in the opinion' clearly indicate that it is his subjective satisfaction which is contemplated by the section. the registrar while acting under section 43 does not, in my opinion, act as a judge. he is not expected to hole a judicial proceeding. what he has to do is to ascertain ..... is also alleged that due to some political pressures the registrar of the co-operative societies issued a notice under section 43 (1) and (3) of the act on 6-2-1963, on the ground that the bank is not working satisfactory and is also mismanaged. the said notice was served ..... the answer to the question whether a particular body is acting in a judicial capacity when performing a particular function does not necessarily depend upon the degree in which that body's general characteristics resemble those of an ordinary court although the degree of resemblance may be a factor influencing a decision that .....Tag this Judgment!