Court : Allahabad
Decided on : Mar-06-1941
Reported in : AIR1941All281
..... decree for money against the defendant and this decree shall be a charge on half of the house.6. in my opinion this is not a correct decree to pass under section 4, partition act. in such cases ordinarily the purchaser should be asked to deposit in court the purchase money by a time fixed by the court, the time to be fixed and ..... plaintiff, might well be regarded as members of an undivided family within the meaning of section i, partition act, and the appeal therefore fails on the main point. the decree passed by the court of appeal in favour of the defendant in this partition suit is to the following effect:5. the decree of the lower court is modified to this extent only, that the ..... a recent case of the bombay high court in bai fatma v. gulamnabi hajibhai ('36) 23 a.i.r. 1936 bom 197 a learned judge of the bombay high court has taken the view that section 4, partition act, does not apply to a case where the person who claims the benefit of section 4, partition act, does not actually reside in the house, the subject-matter ..... the transferee may be valued, and price may be paid to him. in a pull bench case of this court, sultan begam v. debi prasad ('08) 30 all. 324, it has been explained that undivided family in section 4, partition act, does not mean an undivided hindu family but it applies to undivided families of all castes and com-munities and in order to .....Tag this Judgment!
Court : Chennai
Decided on : Oct-30-1941
Reported in : (1942)1MLJ418
..... defendants are entitled to relief as agriculturists under the act and that can only be decided after 'dealing with questions of some complexity. the tavazhi to which all the defendants and others who are not parties belong, formed part of a larger tarwad which has been divided as a result of a suit for partition brought by the present ninth, tenth ..... any particular type of hindu family, we should ordinarily be understood as using language sufficiently wide to include a marumakkattayam family. secondly section 14 itself is subject to the provisions of sections 5 and 6 of the act and both these sections specifically refer to an 'undivided hindu family other than a marumakkattayam or aliyasanthana tarwad : or tavazhi'. the exclusion specified in ..... these two sections is made for special reasons which will be apparent on a perusal of those sections. now when the legislature found it necessary ..... its language and which avoids this undesirable result. according to his view (vide jagannatha aiyangar v. suppiah chettiar (1940) 2 m.w. 187 when there are in one family agriculturist members and non-agriculturist members, the proper procedure having regard to, section 14 is not to sell each member's share separately for his individual proportionate liability of .....Tag this Judgment!
Court : Kolkata
Decided on : May-28-1941
Reported in : AIR1942Cal300
..... : power to equalize, power to examine persons and to call for documents, power to execute conveyances on behalf of the parties, power to appoint surveyors, and also as at present advised other matters such as powers to sell under the partition act or outside the partition act making it clear what procedure the commissioner should follow. (that being a common source of trouble).26. the order ..... on the application in bhaduri v. bhaduri is as follows : (1) the aggregate costs incurred since the preliminary decree including the costs ..... which costs are dealt with by the commissioner and taken out of the estate before the partition is concluded, the net shares only being divided and allotted to the parties. 'net' partitions are and have been for a considerable number of years the general rule.(b) bhaduri v. bhaduri suit no. 174 of 1931, only ten years old. this is a simple case of ..... follows : costs prior to preliminary decree are usually left a matter between client and attorney, and are not for the commissioner to deal with. but there are exceptions. see addy v. addy and other cases where by special order, or in the decree, payment of costs prior to the preliminary decree is made part of the duties of the commissioner or .....Tag this Judgment!
Court : Kolkata
Decided on : Apr-01-1941
Reported in : AIR1941Cal635
..... unless they were satisfied that there were no other properties jointly owned by them nor could any power of investment or purchase be exercised under section 32, land acquisition act, if one of the undivided co-owners happened to be a widow or any-other limited owner. it is true that the ..... in their names. the date of the award is 21st july 1930. there was a reference thereafter at the instance of defendants 1 to 3 under section 18, land acquisition act, which was unsuccessful, and the compensation money awarded to these three claimants, after deducting all costs, stood at rs. 7857-6-8.2 ..... this appellate decree that the present second appeal has been taken.5. as has been said already, the other half of the compensation money which was warded to defendant 3 was invested in government promissory notes under section 32 (2) of the act. the plaintiffs made no prayer in the plaint for recovery of ..... entitled thereto. the last clause, in our opinion, contemplates a case where the disability has ceased or the estate vests absolutely in a full owner after the termination of the limited estate. it presupposes a valid deposit under sub-section (1) and. cannot have any reference to a case like the present where ..... (2), land acquisition act.7. but even assuming that the present suit, in substance, is one for partition, i do not think that it should fail on the ground that it did not embrace all the joint properties of the parties. the rule that there cannot be a partial partition of a joint estate .....Tag this Judgment!
Court : Kolkata
Decided on : Aug-28-1941
Reported in : AIR1942Cal593
..... and thereby committed an offence punishable under section 9 (a), opium act. 4. section 9 (a), opium act, runs as follows:any person who, in contravention of this act, or of rules made and notified under section 5 or section 8 possesses opium....shall on conviction before a court, be punished...with imprisonment.... 5. the accused pleaded not guilty ..... naresh, followed (2) by information received from sundar singh and (3) by the conduct of sundar singh, viz., by his leading the police party to the place, pointing out the exact spot and bringing out the gunny bag.43. mr. gupta contends that in view of this plurality of ..... the taxi was waiting inside the rice mill compound of gobardhan das kherani of sakhanpukhuri. i was then waiting ahead towards makum, with my party, watching its movement. suddenly the taxi started off and proceeded towards makum. we at once parted in two batches keeping at a distance of ..... to the. police is certainly admissible in law and the evidence on this point amply supports the finding that the accused led the police party from makum to sukhanpukhuri and there pointed out the exact spot where the gunny bag containing the opium was lying and himself brought out the ..... that sundar singh being questioned by the police officer-in-charge informed him that he had thrown the opium at sukhanpukhuri; (b) that accordingly the police party with sundar singh and naresh das came in three cars to sukhanpukhuri; (c) that at sukhanpukhuri sundar singh, who was coming in one car with a .....Tag this Judgment!
Court : Chennai
Decided on : Feb-11-1941
Reported in : AIR1941Mad690; (1941)2MLJ99
..... that even assuming so much, there should be a finding that the mortgagee was a party to the fraud. now, ordinarily speaking, when a transaction is attacked under section 53 of the transfer of property act, the burden lies upon the attacking party to show in the first instance that the transaction was a fraudulent transaction intended to ..... for rs. 2,000 which was supported by good consideration only to the extent of rs. 500 and in dealing with the case in china pitchiah v. peda kotiah i.l.r.(1911) mad. 29, they observe:if the learned judge meant to lay down that in all cases where a mortgagee ..... be split into two transactions one of which was good and the other was bad. a similar view was taken by the bench which decided rajabhadar mudaliar v. thiruvengada mudaliar : air1928mad20 , which was also a mortgage case and the learned judges observed that if it is proved satisfactorily that only a portion of ..... for not upholding it to the extent that it is supported by a debt existing at the date of the mortgage and the learned judge distinguishes chidambaram chettiar v. sami aiyar : (1906)16mlj427 , as being a case of sale. sundara aiyar, j.'s decision has been referred to frequently in subsequent cases of ..... when the same object is achieved by a fraudulent sale.3. the appellant relies strongly on the decision of sundara aiyar, j., sitting singly in china pitchiah v. peda kotiah i.l.r.(1911) mad. 29. the facts of that case are not very fully stated, but it appears that the mortgage which was .....Tag this Judgment!
Court : Chennai
Decided on : Jan-23-1941
Reported in : AIR1942Mad84; (1941)2MLJ947
..... him to claim rights as a defaulter even though he has not complied with the formalities required by section 146.3. the second contention seems to me to be more substantial. it is true that under section 5 of the act a first charge is created on the holding in respect of the arrears due thereon, so that ..... the arrears due under the second decree would be a charge on the holding just as much as the arrears due under the first decree; and it is also ..... of gangulu. after the purchase the appellant does not appear to have produced the sale certificate before the landholder, as he should have done under section 146 (1) of the act; but he paid the rent and got a receipt showing that he had paid the rent on his own account. in subsequent years rent ..... sold is concerned. it seems to me that the appellant must fail on the first contention, for there appears to be no necessity under section 117 of the estates land act to give personal notice of a sale in execution of a rent decree to the defaulter. the kind of notice contemplated is by beat ..... . the same question came up before the calcutta high court in a case under the bengal tenancy act the provisions of which are in this respect essentially similar to those of the estates land act: vide faez rahaman v. ramsukh bajpai i.l.r.(1893) cal. 169. the learned judges point out that the view similar to .....Tag this Judgment!
Court : Chennai
Decided on : Apr-30-1941
Reported in : AIR1941Mad772; (1941)2MLJ311
..... by her action. here the father has always the power to give an acknowledgment within the meaning of section 19 of the limitation act; and if he gives one in respect of a pre-partition debt that debt continues to be enforceable for another three years, which in my judgment means that it ..... are examined closely they are referable only to a new obligation and not in any way to an acknowledgment within the statute of a pre-partition debt. in subramania aiyar v. sabapathy aiyar (1927) 54 m.l.j. 726 : i.l.r. mad. 361 the following question was referred to a full bench ..... from limitation by the father's acknowledgment, the son is bound to pay even though the acknowledgment by the father is after a partition between the father and the son.14. and as authority, munisawmi v. kutti : (1933)65mlj311 , is cited, the decision of beasley, c.j., and bardswell, j. judgment in that case ..... case of a contract, no doubt, the only person who can under the general law be ordinarily sued on it is the contracting party or his legal representative or in some cases his assign. but if a son is under the hindu law under an obligation to fulfil the father's contract of debt, as ..... acknowledged the debt seems to me irrelevant. the relationship of a hindu father and son is dealt with by curgenven and sundaram chetty, jj., in virayya v. pardhasarathi appa rao : air1933mad690 , and the learned judges emphasise the comprehensive nature of the pious obligation, and that it existsirrespective of the fact whether the .....Tag this Judgment!
Court : Chennai
Decided on : Oct-02-1941
Reported in : (1942)1MLJ559
..... the case of the firm, when an association of persons is assessed to income-tax, an individual member's share of that income is not liable to tax under section 14 (2) of the act, and if an individual member's share of the income is not liable to assessment or is liable to be assessed at a lower rate than the income ..... assessment was made on the basis that the appellant and the members of his family after the institution of the partition suit constituted an association of persons within the meaning of section 3 of the indian income-tax act. it is argued for the appellant that, inasmuch as he was assessed as representing an association of persons, the assessment could not be deemed ..... to have been imposed upon him in his individual capacity and that, consequently, he is not excluded from the benefits of the act. the decisions in saminath odayar v. srinivasa aiyar : air1939mad942 and sarveswara rao v. umamaheswara rao : air1941mad152 have been cited in support of this contention. we do not think that these decisions have much bearing on the point ..... is really assessed is the income of the individual members. nor is the position different under the agriculturists' belief act. both a firm and an association of persons are alike excluded from the definition of 'person'.2. the case is therefore governed by the decision in somappa v. venkatasami chetti : air1941mad672 and the appellant must be deemed to have been assessed to income .....Tag this Judgment!
Court : Chennai
Decided on : Oct-02-1941
Reported in : AIR1942Mad428; 10ITR226(Mad)
..... the case of the firm, which when an association of persons is assessed to income-tax, an individual members share of that income is not liable to tax under section 14 (2) of the act, and if an individual members share of the income is not liable ot assessment or is liable ot be assessed at a lower rate than the income of ..... assessment was made on the basis that the appellant and the members of his family after the institution of the partition suit constituted an association of persons within the meaning of section 3 of the indian income-tax act. it is argued for the appellant that, inasmuch as he was assessed as representing an association of persons, the assessment could not be deemed ..... to have been imposed upon him in his individual capacity and that, consequently, he is not excluded from the benefits of the act. the decision in saminath odayar v. srinivas aiyar and sarveswara rao v. umamaheswar ras have been cited in support of this contention. we do not think that these decisions have much bearing on the point. the first ..... , what is really assessed is the income of the individual members. nor is the position different under the agriculturists relief act. both a firm and an association of persons are alike excluded from the definition of 'person'.the case is therefore governed by the decision in somappa v. venkataswami chetti, and the appelant must be demand to have been assessed to income-tax .....Tag this Judgment!