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Syam Mandal Vs. Sati Nath Banerjee and ors.

Court : Kolkata

Subject : Land Acquisition

Reported in : 38Ind.Cas.493

proceedings in execution of a decree in a suit for ejectment of a tenant on the ground of forfeiture for misuse of lands of his tenancy.2. The petitioner was an occupancy ryot under the opposite party and … 142 that receipt of rent subsequent to a decree for ejectment under Section 7S of the Bengal Rent Act, 1859, from a tenant against whom the decree was passed, renders execution of the decree impossible. Similarly, it was … The suit was decreed by the Trial Court on the 6th November 1914 in the following terms: 'the defendant do fill up the tank by

KalimuddIn Mollah Vs. SahibuddIn Molla Alias Sywali (Syedeya in Vakalu ...

Court : Kolkata

Subject : MRTP

Reported in : 54Ind.Cas.705

suits under Section 20 of act IX of 1859, which authorised the institution of suits to contest the forfeiture of the properties of rebels. The plaintiffs were infants when the confiscation took place and the period prescribed … was raised as early as 1864, with regard to the applicability of the provisions of the Indian Limitation Act, 1859, to the Bengal Rent Act, 1859. A Full Bench of this Court in the case of John Poulson … plaintiff made an application to the Registrar on the 26th of January 1914 : his application was rejected.4. Thereupon on the 21st of February following,

Kumar Gopika Raman Roy Vs. Atal Singh

Court : Mumbai

Subject : PropertyCivil

Reported in : (1929)31BOMLR734

the defendants Nos. 1 to 160 as tenants, that in 189(5 these defendants had rendered themselves liable to forfeiture by denying their landlord's title, that the plaintiff's father had enforced their forfeiture and determined the tenancies by … means cultivator, and it may well be that in those days, before the enactment of the Bengal Rent Act, 1859, the view was entertained that, by bringing these waste lands into cultivation, the defendants had acquired a right … enforced their forfeiture and determined the tenancies by instituting 120 suits in 1904, which were afterwards withdrawn by leave with liberty to bring a fresh … that the suit was not barred because the plaintiff was entitled under Section 14 of the Indian Limitation Act to exclude the time spent in

Natesa Aiyar and anr. Vs. Appavu Padayachi and anr.

Court : Chennai

Subject : Contract

Reported in : (1915)ILR38Mad178

then also an earnest to bind the bargain so entered into, and creates by the fear of its forfeiture a motive in the payer to perform the rest of the contract.' The learned Lord Justice was dealing … hold that this section only applies where the contract is voidable under the law (e.g., as falling within Section 19 or 19(a), Indian Contract Act) or where the contract itself in terms gives an option to avoid, to

Jay Engineering Works Ltd. and ors. Vs. State of West Bengal and ors.

Court : Kolkata

Subject : Labour and Industrial

Acts : Special Law; ;Indian Penal Code; ;Trade Unions Act, 1926 - Sections 17 and 18; ;Constitution of India - Articles 14, 21, 166(1), 166(3), 226 and 256; ;Code of Criminal Procedure (CrPC) - Sections 54, 100, 127, 151, 154 and 157; ;Code of Civil Procedure (CPC) - Section 141 - Order 1, Rule 1; ;Evidence Act, 1872 - Section 57(3)

Reported in : AIR1968Cal407,72CWN440

1825 Act applied also to 'molestation' and 'obstruction' The latter was somewhat eased by the Molestation of Workmen Act 1859. As a result of a Royal Commission, the Trade Unions Act 1871 was passed. It legalised Trade Unions … whole. The cases where this right of property is set aside by private law are various. Distresses, executions, forfeitures, taxes etc. are all of this description, wherein every man by common consent gives up that right, for … Subsequently, an application was made before the Chief Presidency Magistrate. Calcutta under Section 100 of the Criminal Procedure Code, who ordered the officer-in-charge, Hare Street … the Jay Engineering Workers Union is registered under the Trade Unions Act, 1926. The respondent No. 17 Raghunath Kushari is the executive member of the

Davis Vs. Gray

Court : US Supreme Court

Subject : Land Acquisition

or fraction of a section, of its road as required by existing laws, should not operate as a forfeiture of its charter, or of the lands to which the said company would be entitled under the provisions … to the commissioner, and by him accepted. By the 10th of May, 1859, the company had marked and designated the central line of the road … a state officer a party does not make the state a party, although her law may prompt his action, and Page 83 U. S. 204 she may stand behind him as the real party in interest; that … Land Office, and had applied for patents on the same. Before the 19th day of September, 1870, Commissioner Kuechler and Governor Davis, professing to act

Chhitabhai Ghelabhai Patel Vs. State of Gujarat and ors.

Court : Gujarat

Subject : Civil

Reported in : (1970)11GLR428

such arrear by any of the methods specified in Section 150 of the Land Revenue Code, including the forfeiture of the said land.The amount of the betterment charges or any of its instalments together with interest thereon, … are two petitions challenging the vires of Sections 56C to 56F and Section 57(4) of the Bombay Irrigation Act, 1879, (hereinafter referred to as the Act) and for restraining the respondents from recovering the irrigation cess under … of the Act. The petitioner in Special Civil Application No. 420 of 1964 is a cultivator holding lands in village Sankari and village Timbarva of

Bira Naik and anr. Vs. Mahanta Sidhakamal Nayan Ramanuj Das

Court : Orissa

Subject : Tenancy

Acts : Tenancy Law; Orissa Tenancy Act, 1913 - Sections 225; Transfer of Property Act, 1882 - Sections 76; Trusts Act, 1881 - Sections 90 and 95

Reported in : AIR1951Ori300

the rules of law. He virtually contends that he holds the possession as a matter of penalty or forfeiture of tenant's rights; that so long as he holds, he holds it for himself for his benefit without … from sale. Similar provision is to be found in Madras Revenue Recovery Act & the Bengal Revenue Sale Act, 1859 & the point came to a head in what is known as the famous case of Kinu Ram … deft, came into possession of the disputed lands under the provisions of Section 225, Orissa Tenancy Act, Binoe 27.11-1934. The present suit was instituted on … been mortgaged as a simple mtge. on 13-9-1913. The disputed lands are 19.87 acres of which 15.44 are tenanted & the rest are Khasdakhali lands.

The Rajah of Vizianagaram Vs. the Secretary of State for India in Coun ...

Court : Chennai

Subject : CivilFamily

Reported in : (1936)71MLJ873

no more than 24 days. The question arose whether there was such non-compliance as would lead to a forfeiture. Bacon, V.C., observes that it is necessary, in order to comply with the conditions contained in the will, … to assert jurisdiction over native Indian minors outside the city, but in 1859 such a bar would no longer exist. This seems to my mind … to observe that whether the father has become unfit to be the guardian of his minor children under Section 19(b) of the Guardian and Wards Act, is a matter, which would fall to be considered, if at all,

Narayani Amma Kamaladevi Vs. State of Kerala

Court : Kerala

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1898 - Sections 431, 435, 439, 517 and 520; Indian Penal Code (IPC) - Sections 70; Evidence Act, 1872 - Sections 3

Reported in : AIR1961Ker250; 1961CriLJ477

so, in cases other than of fine where the representative is injuriously affected, for example, a penalty ot forfeiture of property following a conviction, cannot imply any curtailment of the discretion vested in the High Court by … to justice'.And in Pranab Kumar Mitra v. State of West Bengal, AIR 1859 SC 144 it was observed that this Bombay case lays down the … lie in the present case because there is no sentence of fine,4. Reference is made to the maxim, actio personalis moritur cum persona, which courts do apply to civil actions especially to such actions when in form … India, Trivandrum, was convicted of the theft of a bundle (or a section as it has been called in the evidence) 'of 100 hundred rupee … (1943) 1 KB 15 and R. v. Rowe, 1955-2 All ER 234: in this connection).7. But revision