This Act was passed with the object of abolishing jagirs in the merged territories and merged areas in the State of Bombay and providing for matters consequential and incidental thereto. The other suit was filed by a consignee in whose favour the relevant documents were endorsed. Except for the lands which were cultivated, all the lands in the said villages were forest lands. The1 Union of India appealed to this Court. Two suits were filed claiming damage for loss of goods by ‘the said fire.
1 to l1 further claimed that they had full proprietary rights over the forest lands and enjoyed the produce as full owners thereof. A point was however made that s. The principal criticism of Lord Reid was directed against what he conceived was the misunderstanding of the well known passage in the judgment of Atkin, L. Sastri further relies on a passage in Gannon Dunker- ley’s(1) case, at pp. In a building contract, the agreement between the parties is that the con- tractor should construct a building according to the specifications contained in the agreement, and in consideration therefore receive payment as provided therein, and as will presently be shown there is in such an agreement neither a contract to sell the materials used in the construction, nor does Top Property Lawyers in Chandigarh pass therein as movables.
On August 1, 1954, the Bombay Merged Territories and Areas (Jagirs Abolition) Act, 1953 (Act XXXIX of 1954) came into force. The first suit was filed by a factory which claimed to be owner of the goods as consignor. The House was dealing with a case involving the interpretation of a statute enacted at a time when, as the Parliament was well aware, the courts habitually applied the principles of natural justice to Provisions like s. 1 to I 1 were the Jagirdars of Waghach State in former Sankeda Mewar in Reva Kantha Agency which now forms part of the State of Gujarat.
“I am directed to state that it has been decided in principle that the aforesaid evacuee concerns will be allotted to you. (iii) that any particular case or appeal be transferred to and. Where the goods delivered under the contract are not the goods contracted for, the purchaser has got a right to reject them, or to accept them and claim damages for breach of warranty. ” The language of clause (ii) is wide enough to provide for an order transferring a case from the Court of a Magistrate to a Court of Session as both the Courts, are subordinate to the High Court Property Advocates Court and the Court of Session is a Court superior in jurisdiction to that of a Magistrate.
Under the law, therefore, there cannot be an agreement relating to one kind of Property Lawyers in Chandigarh High Court and a sale as regards another. It is therefore impossible to maintain that there is implicit in a building contract a sale of materials as understood in law. (other than the offence of defamation by spoken words) is alleged to have been committed against the President, or the Vice-President, or the Governor or Rajpramukh of a State, or a Minister, or any other public servant employed in connection with the affairs of the Union or of a State, in respect of his conduct in the discharge of his 572 public functions, a Court of Session may take cognizance of such offence, without the accused being committed to it for trial, upon a complaint in writing made by the Public Prosecutor.
There were 39 villages in Waghach State in all of which there were forests. We are accordingly of opinion that on the true interpretation of the expression “sale of goods” there must be an agreement between the parties for the sale of the very goods in which eventually Property Lawyers in Chandigarh passess. The Union of India resisted both the suits. By the agreement of merger dated June 1, 1948 the State of Waghach was merged with the State of Bombay with effect from June 10, 1948. They claimed that they were the full owners of all the land including forest areas in the said State and exercised full revenue power during their regime.
191 (4) of the Act of 1882. 72 all that was said was that after cancellation the Court must or may proceed to make a fresh valuation. The trial court and the High Court Property Advocate Court concurrently held that the loss was due to the negligence of the Railways. 12 became entitled to cut and remove all species of trees from the forest lands in the 39 villages for a period of ten years. 12 whereby respondent no. Electricity Commissioners, Ex parte London Electricity Joint Committee Company(1) in subsequent decisions especially by Lord Hewart C.
(1) Notwithstanding anything contained in this Code, when any offence falling under Chapter XXI of the Indian Penal Code (Act XLV of 1860). The terms of allotment will be communicated to you separately. There was a fire at a railway station in which certain goods or (iv) that an accused person be committed for trial to itself or to a Chandigarh High Court Property Lawyers of Session. 413-414 :- “It is of the essence of this concept that both the agreement and the sale should relate to the same subject-matter.