Court : Kolkata
Reported in : 75Ind.Cas.466
..... on behalf of the administrator-general of bengal to whom a grant has been issued, and who has paid under protest the fee at the enhanced rate prescribed by bengal act iv of 1922 in respect of all the assets, it is contended, first, that the bengal court-fees act of 1922 is ultra vires; second, that if it is intra vires it was not competent to the bengal legislature to enhance the fees or assets outside bengal.3. ..... on behalf of the administrator general it is contended that the bengal court-fees (amendment) act. ..... the second question is whether, assuming the act is not ultra vires, the fee is to be levied at the enhanced rate prescribed by the bengal court-fees amendment act of 1922 (act iv of 1922) on the whole estate, or whether the enhanced fee is payable only on that portiol thereof which is situate in bengal, the fee in respect of the assets outside bengal being leviable at the lower rate prescribed by the court-fees act of 1870, as amended by subsequent acts of the imperial legislative council.2. ..... the first is whether the bengal court-fees amendment act of 1922 (act iv of 1922) is ultra vires. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1924Cal115
..... on behalf of the administrator-general of bengal to whom a grant has been issued, and who has paid under protest the fee at the enhanced rate prescribed by bengal act iv of 1922 in respect of all the assets, it is contended, first, that the bengal court fees act of 1922 is ultra vires, second, that if it is intra vires, it was not competent to the bengal legislature to enhance the fees on assets outside bengal. ..... on behalf of the administrator-general it is contended that the bengal court fees (amendment) act, 1922, extends only to bengal and that the bengal legislature cannot impose a tax on property in another province. ..... now as i understand the argument for the administrator-general on this first point, it is this that the fee is a stamp duty because it is collected by stamps under the provisions of section 25 of the court fees act, 1870, and inasmuch as that act is an act of the governor-general in council, it is a duty, of which the amount is fixed by indian legislature and that it cannot therefore be altered without the previous sanction of the governor-general, which admittedly has not been obtained in this case.7. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1934Cal119
..... the munsif has referred to the object of the proviso as explained in the notes on clauses; but it is not a right method of interpretation of statutes to refer to proceedings of the legislature as aids to the construction of a statute: see administrator general of bengal v. ..... on the other hand while the legislature has made the proviso in so far as it relates to abwab (section 74) inapplicable to leases registered before the commencement of the bengal tenancy amendment act 1928 (section 74, clause 3) it has made no such provision with reference to the applicability of section 67 of the act. ..... we are of opinion that the proviso to section 179 as amended by act 4 of 1928 applies to leases created before the bengal tenancy act, 1885, came into operation, and makes it impossible for the landlord to recover by suit interest exceeding that mentioned in section 67 even in respect of tenancies created before the bengal tenancy act came into force. ..... to leases executed after the passing of the amended bengal tenancy act (act 4 of 1928 b.c.). ..... l) our view is that on a proper construction of the kabuliat which was executed long before the enactment of the bengal tenancy-act of 1885 there can be no doubt that the plaintiff is entitled to realize both interest and damages. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1945Bom395; (1945)47BOMLR287
..... . administrator general, bengal had not reached india and, without that judgment to guide me i then assumed, perhaps erroneously, that i could safely rely on the accuracy' of a statement in an illustration which the legislature had been good enough to ..... my judgment, no, because, the settlement was made before section 15 of the transfer of property act was amended by act xx of 1929 ..... . this is the more unfortunate, because had the settlor been a little less ambitious he could by following the third illustration to section 114 of the indian succession act, 1925, have achieved substantially what he wanted, unless indeed a recent decision of their lordships of the privy council, of which more anon, must be held to have repealed the proposition of law there stated by ..... be it from me to suggest that this was in itself a serious matter, but it does seem unfortunate that their lordships' attention was apparently focussed entirely on sections 113 and 120 of the indian succession act and does not seem ever to have been called to the third illustration to section 114 ..... the plaintiffs are directed and authorised to execute the necessary deeds of appointment of new trustees and other acts and assurances for carrying into effect the above arrangement ..... . (3) to section 114 of the indian succession act, some person or persons were in any event-short of the end of the world-going to get the whole of the testator's residuary estate at the latest at the expiry of life in being (namely, the testator or .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1937Cal361
..... of murshidabad 0065/1931 : air1932cal207 , relied upon by the courts below, the precise point arising for consideration in this appeal, did not arise, as it did in the unreported case, administrator-general, bengal v. ..... held by the learned judge that rights of parties with regard to the institution of a suit were determined on the law as it stands at the date of the institution of the suit; that the legislature by the amendment of the year 1928, expressly created in favour of the intending plaintiff a right which inferentially took away any other right which the defendant may have acquired by reason of the disability which section 109, ben. ..... judgment the intention of the legislature in introducing a proviso as was done by the amending act 4 of 1928, was to allow issues raised in proceedings under section 105, ben. ..... act, introduced by the amending act should be given the widest ..... act, was discussed, it was observed that the amendment of the year 1928 was made for the purpose of remedying an evil, and it involved no injustice to a party; it was further observed that the proviso to section 109 ..... act, as it stood before amendment, had placed on ..... act, and it was held to be barred under that section; during the pendency of an appeal before the lower appellate court section 109 was amended so as to remove ..... act, as they stood before the amendment of the ..... act, as it stood before the amendment of the year 1928, was a bar to the suit, and that the final decision in a previous litigation (title .....
Tag this Judgment!Court : Mumbai
Reported in : (1947)49BOMLR882
..... administrator general, bengal : (1944)46bomlr865 , which is a decision of the privy council upon the trusts of a will, declared to be void under section 113 of the indian succession act, 1925, ..... some of the members of the class, by virtue of sections 13 or 14, destroyed the transfer to all the members of the class; but by the transfer of property (amendment) act, 1929, failure of the dispositions in favour of some of the members of a class is limited to such persons only, and not in regard to the whole ..... the transfer of property inter vivos the same restrictive regulations as had already applied for 17 years to testamentary dispositions, the transfer of property act, 1882, did not, either, expressly so say, or did not re-enact the existing sections of the succession act with the slight amendments only, which would have been necessary to fit the case of a transfer inter vivos.9. on the contrary, the groups of sections ..... this view to construe the words of section 113 in the light, so far as that may be proper, of the various sections contained in chapter vii of the act relating to 'void bequests' (where section 113 is found) according to their natural meaning without regard to the numerous decisions of the courts in this country.and ..... of an unborn person, was amended so as to bring into operation the two groups of sections concerning dispositions in favour of unborn persons contained respectively in the indian succession act, 1865, and the transfer of property act, 1882.6. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1927Bom278; (1927)29BOMLR498
..... administrator-general of bengal ..... commissioners in regard to both the jurisdiction of the high court and that of the mofussil courts, (3) the code of 1859, especially section 33 of that act and the similar section 3 of act xxiii of 1861, (4) the secretary of state's despatch about the letters patent, (5) the amendment of section 382 of act viii of 1859 in 1870, and (6) the subsequent codes of civil procedure of 1877, 1882 and 1908, all go in one and the same direction as ..... until the enactment of sub-section (1a) of section 106 of the government of india act in 1916, providing for the amendment of the existing letters patent by further letters patent, it was considered that there was no power to amend the letters patent that had issued under parliamentary authority. ..... has been argued that, if clause 12 of the letters patent and section 5 of act viii of 1859 meant the same thing when using the expression 'suit for land', then clause 12 of the letters patent would also have been amended in 1877 so as to bring it into conformity with section 16 of the civil ..... in fact it appears from the amendment of section 382 of act viii of 1859 by part ii of the schedule to act xiv of 1870 that the words 'in any court of judicature established by royal charter' were repealed in that section, so that thereafter until 1877 the code of 1859 would extend also to any suit instituted in a high court, and section 3 of act xxiii of 1861 about the court returning a plaint in a suit relating to land if the land .....
Tag this Judgment!Court : Kolkata
Reported in : (1894)ILR21Cal732
..... section 5 is saving the rights of the administrator-general, bengal, 'to section 149 of the probate and administration act it is 'saving clause,' and although the marginal notes are not any part of the act they do, i think, indicate that the object of both sections was to save the existing rights, duties and privileges of the administrator-general and not to prevent him from acquiring any new ones if any such were conferred upon him by the act; but, however, that may be, i am ..... act ii of 1874 is entitled an act to consolidate and amend the law relating to the office and duties of administrator-general ..... act to consolidate and amend the law relating to the office and duties of administrator-general ..... in 1872 a bill was introduced into the council of the governor-general to amend the administrator-general's act of 1867 by the addition of two sections, the objects of which, as stated ..... the report said that the only point which it was necessary to mention was that, inasmuch as the act of 1867 had already been amended twice, the select committee thought it better to repeal the existing acts, and re-enact them so as to have the law conveniently within the compass of a single enactment. ..... more convenient mode of expressing the old law with some amendments, and i find no indication in it of any intention to modify the previously existing law and practice in regard to the manner of dealing with the estates of hindu testators after probate and letters of administration have been obtained. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1930All225
..... that the learned author does not consider prohibition of the use of such memorandum or breviate to be included in the prohibition of the use of the debates of other proceedings which may be properly described as proceedings in the passing of an act for the reasons we have given, we do not think that the interpretation which has been placed on the decision of their lordships in administrator general of bengal v ..... contains mention not only of the proposed amendments of the law but generally reasons for recommending them ..... originally subject to the disciplinary jurisdiction of district courts act 1 of 1846(an act for amending the law regarding the appointment and remuneration of pleaders in the courts of the east india company) which repealed numerous regulations dealing with the subject was the first consolidating act providing for qualifications and punishment of pleaders ..... . further it does not merely consolidate pre-existing law, but also 'amends' it, which taken with consolidation of it implies both addition to and derogation from the ..... by the preamble, the latter act was intended not only to 'consolidate' but also to amend the law relating to legal ..... was long before the legal practitioners act (18 of 1879) was passed, which 'consolidated and amended' the law relating to legal ..... means we can learn the reasons for which legislation has been thought necessary, and the objects in view, that is, the particular points on which it is desired to amend the existing law or for passing any new law.51 .....
Tag this Judgment!Court : Mumbai
Reported in : (1949)51BOMLR971
..... administrator general of bengal that the sections of the indian succession act should be construed in the light of the illustrations ..... the administrator general will be entitled to take his costs from the estate to the extent to which they are not otherwise ..... section 115 lias been amended in 1929 by act xxi of 1929, and as a result of the amendment the bequest is void only with respect to those members, and it is valid with respect to the remaining members of the class.15 ..... under the section before the amendment, if a bequest was made to a class and it was inoperative with respect to some members of the class by reason of the provisions of section 113 and section 114, the bequest to a class was wholly void; after the amendment the bequest to a class was void only with respect to those members of the class whose interest was void by reason of the provisions of sections 113 and 114.36 ..... attention has already been drawn to section 115, and illustration (i) to that section, and the amendments that were introduced in them by act xxi of 1922 (supra). ..... (the words in italics were substituted for the words 'wholly void' by the transfer of property (amendment) supplementary act, 1929).11. ..... this amendment was made at the same time as the section was amended, in order to make it harmonise with the ..... ' this amendment was made at the same time as the section was amended and in order to make the illustration conform with the section.section 116 ..... relying on the amended section it was argued before das .....
Tag this Judgment!