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Showing 1 to 11 of 11 Records

• 1950 (8) TMI 24
  
  ... ... ... ... ..... he suit. It is true that in the exercise of jurisdiction vested in this Court to deal with charities, this Court will not pass orders which may be inconsistent with rules of private international law or seek to Interfere with the administration of a foreign charity in respect of properties which are not within the limits of its jurisdiction, or pass orders against a non-resident foreigner in the nature of personal directions which this Court would not be in a position to enforce. But those are matters which are to be consi....... + More

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• 1950 (8) TMI 23
  
  ... ... ... ... ..... joint family property or ancestral property, by proceeding to distribute it between his sons during his lifetime there is nothing in that act which would come in the way of his making an unequal distribution, so far as his self-acquired property is concerned. 7. We, therefore, regard the transaction by which a father makes a division of his self-acquired property between his sons as a transaction by which he, in the first instance, effects a severance of status between his sons; in the second instance, he notionally throws....... + More

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• 1950 (8) TMI 22
  
  ... ... ... ... ..... rcing against the petitioner the provisions of the Act which we have held to be void in so far as they affect him, and there would also be an order in terms of prayer (c) (i) of the petition. 30. We have heard counsel on the question of costs. The Advocate-General has contended that the petitioner's challenge to the Act was very extensive and he has not succeeded in making good that challenge. While that may be true, we must not overlook the fact that the petitioner has succeeded in getting us to hold that certain impo....... + More

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• 1950 (8) TMI 21
  
  ... ... ... ... ..... ly in cases where the Courts have clearly done something which they were not entitled to do. The power must be used to keep the Courts below within the bounds prescribed by law for such Courts. Here, as I have said, the most that can be said if anything can be said, is that the Court erred in law in treating a month's wages in lieu of leave as due. Further, it appears to me that there is no injustice in this case. The employers, for reasons best know to themselves, desired to get rid of this employee immediately. They ....... + More

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• 1950 (8) TMI 20
  
  ... ... ... ... ..... ecurring nature because though it did not actually recur it might have recurred as Mr. V. P. Rao might in view of the remuneration of ₹ 3000 for this arbitration have undertaken other arbitrations of a like nature. 17. In view of our finding that the receipt of ₹ 3000 by Mr. V. P. Rao as remuneration for the arbitration proceedings taken on by him arose from the exercise of the occupation of an arbitrator by him and that it was not a receipt of a casual nature we answer the question referred to us under Section....... + More

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• 1950 (8) TMI 19
  
  ... ... ... ... ..... en scaled down under the Madras Agriculturists' Relief Act, and that his liability will only be co-extensive with that of the agriculturist principal debtor. In view of this decision, the learned counsel for the appellant prays that the appeal may be dismissed but without costs, as the appeal was filed relying on the Bench ruling in Subramanian Chettiar v. Batcha Rowther AIR1942Mad145 which has been held to be no longer good law by the Full Bench decision. He relied on full Bench ruling in Ramaswami Naicken v. Venkatas....... + More

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• 1950 (8) TMI 18
  
  ... ... ... ... ..... d to the high profits shown by the neighbouring shop-keepers. Thus there seems to be no doubt that the petitioner was given an opportunity to rebut the inference arising against him from the high profits shown by the neighbouring shopkeepers and he did put forward an explanation which was however rejected by the lower Courts. The petitioner cannot make out a question of law on the ground that he has been prejudiced by the use of some information behind his back. 6. We would therefore answer the two questions referred to us....... + More

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• 1950 (8) TMI 17
  
  ... ... ... ... ..... evy of sales tax is the transaction of sale by the vendor, and not the use to which the vendee may put it. Accord- ingly, we answer the two questions in these terms (i) The State Government is empowered to levy sales tax on tobacco notwithstanding the fact that excise duty upon tobacco has been levied by the Central Government. Neither the provisions of the Government of India Act, 1935, nor the Constitution of India, 1950, is a bar to a levy of sales tax on tobacco by the Government of the State of Assam (ii) Tobacco, whe....... + More

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• 1950 (8) TMI 16
  
  Winding up – Powers of liquidator ... ... ... ... ..... he court if it does not possess the power already to permit such applications, should make rules allowing for applications to be made in place of suits, Wide rule-making powers are given to this court by the Banking Companies Act and it may be that the court could frame rules permitting the liquidator to recover debts due to a bank by way of applications and making suits unnecessary. Such rules are undoubtedly desirable, if they can be framed, because the costs incurred for filing suits i....... + More

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• 1950 (8) TMI 10
  
  Winding up – Delivery of property to liquidator ... ... ... ... ..... has the power to transfer any suit, appeal or other proceeding pending before him for disposal to any Court subordinate to him and competent to try and dispose of the same. We see no illegality in the action which the District Judge took. The third contention was that the official liquidator had no right to take out the execution of the decree without the previous sanction of the High Court. Learned Civil Judge dismissed this contention with the remark that this was a questi....... + More

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• 1950 (8) TMI 9
  
  Meetings and proceedings - Annual General Meeting, Power of Company Law Board to Order Meeting to be Called, Chairman of Meeting and Directors vacation ofoffice by

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