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1951 (7) TMI 27
... ... ... ... ..... statute provides that the proceedings 'shall stand transferred'. The transfer is automatic. No order of the Court is necessary. On formal information from the High Court, the records of the proceeding must be sent to the High Court. 18. The Legislature in its wisdom has provided for the transfer and trial of all proceedings that arise out of or in the course of the winding up of a company to the High Court and this Court is bound to act accordingly. The Court cannot construe the section in a way that whittles down ....... + More
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1951 (7) TMI 26
... ... ... ... ..... eemed always to have applied to such tenants. It did not apply in either of these two cases when the Small Cause Court decided in favour of the tenants. It may well be that having regard to the view that this Court took in the cases of 'NANDORANI DASSI v. SATYA NARAINM' ANU/WB/0242/1950 AIR1950Cal215 , and 'S. B. TRADING CO. LTD. v. SATYENDRA CHANDRA SEN' 54 CW N 756, the decisions of the Small Cause Court Judges were erroneous. Nevertheless, by reason of Section 5 of the Amending Act they must now be held ....... + More
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1951 (7) TMI 25
... ... ... ... ..... ed or if the discretion is arbitrarily exercised it can always be set right by the Court for as I have pointed out repeatedly an arbitrary exercise of discretion is no exercise at all. 14. So far as the merits are concerned the true facts appear to be that after the prosecution of the petitioner for contraventions of the Rice Mills Control Order ended in his conviction on 28-12-1950 the petitioner did no approach the Authorities any more for issue of a license to him as he perhaps despaired of getting any license after his....... + More
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1951 (7) TMI 24
... ... ... ... ..... ere, although no actual execution case was pending on 1-1-1939, but an execution case could be filed after that date, and was in fact filed on that date it was a suit to which this Act applies. I think, therefore, that we may safely in the present case interpret the word pending in Section 5 of Act LXII 62 of 1950 to include a case such as the present. 10. The result is, as I have said, that the appeal was to be disposed of on the basis that the law in force at the time when the decree was passed on 31-8-1950 was the law a....... + More
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1951 (7) TMI 23
... ... ... ... ..... y the Court in the absence of irregularity or fraud and if the Court were to interfere with such bids, simply because there was a higher bid before the Court at the time of the confirmation. We realise that this may be the result if the Court were to refuse the highest bid, say, of ₹ 10,000 merely because a party at the time of confirmation offers ₹ 10,000. But in our opinion, a sale conducted by an officer of Court would equally become a farce if the Court is obliged to accept the highest bid at such a sale, t....... + More
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1951 (7) TMI 22
... ... ... ... ..... rocess server is still more profound. To attempt to serve a partner calling him an 'authorised employee' and at his residence, is by itself wrong, but even so, that service was by affixation and under circumstances under which no service by affixation could be effected. 40. As regards defendant 3, he has served on the third attempt because he could not be found and there was no 'authorised person living in the same mess.' This also shows the profound ignorance of the process server regarding the elementary ....... + More
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1951 (7) TMI 21
... ... ... ... ..... rom the order that we are making with regard to the costs of the appeal. Therefore, the costs of the hearing of the petition will be that the petitioner must pay to the State three fourths of the costs of the hearing of the petition, Costs of the reference will be costs in the petition. Costs to be taxed on the Long Cause scale. 31. The respondent has cross-objected against the failure on the part of the learned Judge below to give a direction to the State to remove the lock and seal placed upon certain portions of the pre....... + More
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1951 (7) TMI 20
... ... ... ... ..... en found framed as one for specific performance of contract. This view is totally misconceived. The only part of the contract that was necessary to be enforced was payment of the consideration by the lessee. They had already got the benefit from the lessor's performance of his part of the contract. They could not keep the benefit to themselves and repudiate the contract. Besides, this question had been raised before the first appellate Court and so it could be raised in Second Appeal provided, as is the case here, all ....... + More
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1951 (7) TMI 19
... ... ... ... ..... It was argued that the plaintiff should be given an opportunity in this case to amend his plaint so as to bring forth the original cause of action. 9. It is possible that in the view of law taken by the Jodhpur Chief Court the plaintiff and his lawyer may have been misled into drafting the plaint in the way they have done. The plaintiff is, therefore, allowed to amend his plaint by incorporating the original cause of action. He will, however, pay the costs incurred by the respondent in this Court and the lower appellate Co....... + More
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1951 (7) TMI 18
... ... ... ... ..... ision has reference to the additional constructions which may come into existence after the lease in the space outside the 35 feet ground granted under the lease and not to the lessee's buildings adverted to in Clause (4) of the later set of covenants in the document between the lessor and the lessee. It may still be a question at the same time, if Mr. Muthu Krishna Ayer's construction is to be accepted whether the effect of the failure on the part of the lessee to remove the building in accordance with the liberty....... + More
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1951 (7) TMI 17
... ... ... ... ..... 51 Mad. 249. the conduct of the authorities concerned is such as to make it clear that they have not been discharging their duties and are not likely to do so without the guidance of the Court that the Court will be justified in issuing mandamus. In this case, there is nothing to show that the Sales Tax Officer or the Commissioner did not discharge their duties or that they were not likely to discharge their duties without the guidance of the Court and that accordingly this being an exceptional case appro- priate writs sho....... + More
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1951 (7) TMI 16
... ... ... ... ..... Indian food preparations ordinarily sold by Tandur- walas, Lohwalas and Dhabawalas. We do not think, however, we should go into the merits of the applicants contentions, for by Sec- tions 20, 21 and 22 of the Act provision not only for appeal and for revision but also for statement of a case to the High Court in the manner of Section 66 of the Income-tax Act is made. We think it is for the applicants to take their proper remedies under the Act rather than here seek to invoke an extraordinary jurisdiction under Article 226 ....... + More
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1951 (7) TMI 15
... ... ... ... ..... onable doubt, to put such a construction upon a taxing statute as is most bene- ficial to the subject. In view of these decisions we think the benefit of the ambiguity in the wording of the item ought to go to the appli- cants. This means that cloth of sample No. 4 ought also to be treated as subject to the general tax of half anna in the rupee and not to the special tax. 9.We find from the record that the figure of tax so far as the cloth of sample No. 4 is concerned has been fixed at Rs. 337-7-0 by the Sales Tax Officer ....... + More
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1951 (7) TMI 14
... ... ... ... ..... observe here that there is a defect in the drafting of the sec- tion and that it ought to be removed as soon as possible by mentioning the Collector of Sales Tax as an authority entitled to condone delay (in suitable cases) in filing revision applications. He mostly deals with revision applications. It will certainly be strange that he should have no such power. 4.Section 22A of the Act would have helped the applicant had Section 12 of the Indian Limitation Act covered cases of revision. We could then have deducted in his ....... + More
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1951 (7) TMI 13
... ... ... ... ..... facts as stated in the petition, no such case as would justify us in asking the Revising Authority to refer it to this Court for decision. The next point urged by learned counsel for the applicant is that in calculating the sales tax the licence fee should have been deducted from the turnover. Rule 44 framed under the Act lays down that the tax under Section 3 shall be computed on the net turnover. In deter- mining that net turnover the amounts specified shall be deducted if they are found included in the gross turnover. L....... + More
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1951 (7) TMI 12
... ... ... ... ..... proviso to Section 7 as also under Rule 39 of Chapter VIII. This being the state of affairs there is no force in this case. We, therefore, reject this application with costs. The learned Standing Counsel shall be entitled to a fee of Rs. 200. We may say that a copy of the order of the learned Judge (Revisions), Sales Tax, refusing to submit the case to this Court was not filed along with the application presented to this Court by the applicants. We are informed that no rules in regard to the papers to be filed along with a....... + More
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1951 (7) TMI 11
Winding up - Powers of liquidator and Prosecution of delinquent officers and members of company
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1951 (7) TMI 10
Winding up - Preferential payments ... ... ... ... ..... them and if they have only discharged their duties as required by the agreement entered into by them with the employers no extra compensation promised to them will come within the meaning of section 25, sub-section (2), of the Indian Contract Act. This is clear from the decided cases which are all collected together in the commentary of Pollock and Mulla on the Indian Contract Act, pages 182 and 183, (7th Edition). In these circumstances, we have no hesitation in allowing this appeal and....... + More
