Court : Chennai
Decided on : Nov-22-1954
Reported in : AIR1955Mad417
..... the hands of executors, administrators, or trustees will be ordered to he paid into court under this rule: see also page 1160 (ibid) see also air 1945 oudh 82 (a)'. under clause (e) the act must be something within their trust: --'suffolk v. lawrence', (1884) 32 wr 899 (g). 7. this section 302 has been construed in a leading decision of this ..... ); -- 're royle; royle v. hayes', (1889) 43 ch d 18 (q). 9. an order under this section is neither appealable nor revisable: -- 'dwarka nath v. thakurain rai rani', air 1945 oudh 54 (r). that is why the nature of the directions which can be given is hedged with so many restrictions to safeguard the rights of third parties. 10. these powers ..... advised trustees, have relation strictly to undisputed matters of management such as questions of advancement, maintenance, change of investment, sale of a house, compromises, taking proceedings. but disputed points of law or fact have never been included. the court will not, for instance construe an instrument or make any order affecting the rights of parties'. mr. justice kekewich observed;'the object ..... administration thereof'. 4. this section corresponds to section 87-b of act v of 1881 and section 264 (b) of act 1865. it appears from the provisions of act v of 1902, section 5, subsection (2), that the high court may give directions to any private executor or administrator other than the administrator-general acting officially. this provision has been recently repealed and transferred to the .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Mar-15-1954
Reported in : AIR1954SC300; 1978(2)ELT287(SC); (1954)IMLJ680(SC); 1SCR1077
..... evidence, 9th edition, pages 215 and 474). 7. these principles, as they were before the statutory change in 1898, were carried into the american legal system and became part of its common law. (see wigmore on evidence, vol. viii, pages 301 to 303). this was later on incorporated into their constitution by virtue of the fifth amendment thereof. the language of ..... would amount to 'an unreasonable search and seizure' and is hence unconstitutional as violating the fourth and fifth amendments. the case, therefore, does not lend support for any general doctrine that a search and seizure in all circumstances is tantamount to a compelled production in violation of the fifty amendment. that decision itself expressly recognizes the legality of various ..... and connected set of facts and are dealt with together. they arise under the following circumstances. the registrar of the joint stock companies, delhi state, lodged information with the inspector general, delhi special police establishment, to the following effect. messrs. dalmia jain airways ltd. was registered in his office on the 9th july, 1946, with an authorised capital of rs ..... of 1852 also declared the protection of witnesses against compulsion to answer incriminating questions. shortly thereafter in 1855, this protection was modified by section 32 of act ii of 1855 which made him compellable to answer even incriminating questions but provided immunity from arrest or prosecution on the basis of such evidence or any other kind of .....Tag this Judgment!
Court : Chennai
Decided on : Oct-11-1954
Reported in : AIR1955Mad571
..... lost the suit.this decision cannot be construed as an authority for refusing interim reliefs in all cases of maintenance, partition, etc., where vague and general allegations are made denying the plaintiff's claim. in a partition suit, for instance, if the claim is resisted on the ground that the ..... it is well settled that in the administration of a hindu's estate, binding debts would take precedence over mere claims for maintenance, or residence on the part of the female members of the family: air 1936 lah 558 (g); air 1933 lah 116 (h);-- 'sqmasundaram v. unnamalai', air 1920 mad 722 ..... maintenance can only be confined to the remaining kondithope properties.11. it is in these circumstances that the plaintiff seeks relief of interim maintenance. the law relating to the award of interim maintenance in cases of this nature has been settled by the recent bench decision of this court in -- 'md ..... ill of chitaley and annaji rao's c. p. code, 5th 1951 edn.).18. the provision of the english law corresponding to this rule (o. 40, r. 1), section 45 of the judicature act, 1925, uses the words ''just or convenient'. but they have been interpreted to mean 'just and convenient' even ..... all 367 (p); -- 'sundar singh v. ramnath', air 1925 lah 167 (q):--'mt. brij raj v. ram dayal', air 1932 oudh 40 (r); -- 'jamiatri v. mt. malfm', air 1931 lah 718 (s); -- 'ramnnadan v. rangamrnal*, 12 mad 260 (t); 2 bom 494 (i); -- 'pranlal v. chapsey' : air1945bom34 (u); air 1920 mad 722 (o); -- 'ramkunwar v. amarnath .....Tag this Judgment!
Court : Supreme Court of India
Decided on : May-19-1954
Reported in : AIR1954SC517; (1954)IIMLJ197(SC); 1SCR280
..... shortly disposed of on that ground.16. the contention of the learned solicitor-general that by reason of the adaptation made in the india extradition act, 1903, and references made therein to the fugitive offenders act, it should be held that the whole of the fugitive offenders act including part ii had been adapted by the president does not seems to be well founded. ..... 1918, the hereinbefore recited order in council of the 12th day of december, 1885, shall be revoked, without prejudice to anything lawful done thereunder or to any proceedings commenced before the said date, and part ii of the fugitive offenders act, 1881, shall apply to the group of british possessions and protected states hereunder mentioned, that is to say, british india, ceylon ..... into a discussion of the question whether british possessions with which india was grouped under part ii of the fugitive offenders act, 1881, should now be treated as foreign states qua india and that offenders apprehended can be surrendered under the indian extradition act or any other law, provided a prima facie case is made against them as the proceedings taken against ..... committed within his jurisdiction, and that if the endorsed warrant for the apprehension of the fugitive is duly authenticated, and such evidence is produced a according to the law ordinarily administered by the magistrate raises a strong or probable presumption that the fugitive committed the offence mentioned in the warrant, and that the offences is one to which .....Tag this Judgment!
Court : Mumbai
Decided on : Aug-24-1954
Reported in : (1955)57BOMLR40
..... deals with the powers and duties of the custodian generally, and these powers are to be exercised for the purpose of securing, administering, preserving ..... (c) as to the legality of any action taken by the custodian and (d) in respect of any matter which the custodian general is empowered to determine by the act. the section, therefore, has no application to cases where there is no power or authority in the custodian to determine a matter. ..... attachment and sale of property of the petitioner, moveable or immoveable, or by other remedies provided by section 13 of bombay act ii of 1876 as amended by section 4 of bombay act iii of 1900. it is this threat to his property that the petitioner sought to resist by filing a petition in ..... act, may confer such drastic power upon the custodian, but we have to be satisfied that there is such a power before we can permit the custodian to recover a debt otherwise than by the ordinary procedure known to law.23. now, the advocate general first relies upon section 10(2)(f). section 10(2) ..... than the whole. there is no doubt that under section 7 of the evacuee property act the custodian has a right to determine what is evacuee property, and he could determine whether the whole or a specified part of the business belonged to these two persons. but as the declaration stands, i cannot .....Tag this Judgment!