Court : Kolkata
Reported in : AIR1929Cal497
..... may be, in administrator-general of bengal v. ..... certificate, or warrant or order for delivery, or any other document of title to goods, may make a valid pledge of such goods or documents; provided that the pawnee acts in good faith, and under circumstances which are not such as to raisca reasonable presumption that the pawner is acting improperly : provided also that such goods or documents have not bean obtained from their lawful owners or from any person in lawful custody of them, by means of an ..... the goods of which ha is so in possession, or to which suchdocuments relate, to any other parson, and give suoh person a good title thereto, notwithstanding any instructions of the owner to the contrary : provided that the buyer acts in good faith, and under circumstances which are not suoh as to raise a reasonable presumption that theperson in possession of the goods or documents has no right to sell the goods.11. ..... their lordships of the judicial committee said that the act was an amending as well as a consolidating act, and that they saw no improbability in the indian legislature having taken the lead in a legal reform, for which england had to wait for ..... 523 say that the clauses corresponding to section 108 in the contrast bill drafted by the law commissioners provided in effect that a perchaser acting in good faith and in the absence of suspicious circumstances might acquire a good title from any person in possession of goods, in other words, that every place in india should be .....
Tag this Judgment!Court : Chennai
Reported in : 43Ind.Cas.173; (1917)33MLJ591
..... in administrator general of bengal v. ..... the amount tendered was correct or was more than the amount found on calculation....therefore i submit that while my honourable friend's suggestion is sound in principle and in theory yet having regard to the peculiar nature of this act and the peculiar custom of malabar and the difficulty of ascertaining the amount of compensation due when the parties do not amicably settle it, the insertion of any such words as those proposed in this section will, to a ..... it is not difficult to find reasons for this exceptional favouring of the malabar tenants by the legislature there being other such exceptional provisions in the act, such as the re-opening of decrees in execution in the matter of compensation for improvements, the allowing of a mortgagee or tenant to continue to make improvements notwithstanding the passing of a decree and so on. ..... ratnasabapathy pillai wanted to amend section 5 by adding after the words 'is so due' the words 'bat is not tendered' so that if that amendment be made, the tenant would not be entitled to possession after such tender and would not be entitled to remain in possession as tenant or mortgagee until ejectment in execution of the decree of court ..... in moving this amendment, he said ' the object of my amendment is to provide for cases in which reasonable compensation might be tendered by the landlord to the tenant and the tenant chooses to refuse the compensation so ..... then the amendment was put to the council and .....
Tag this Judgment!Court : Allahabad
Reported in : 5Ind.Cas.503
..... administrator-general of bengal ..... nature of proprietorship, i am unable to hold that the right of the usufructuary mortgagee is a right which can be called a transfer of proprietorship, and having regard to section 58 of the transfer of property act, and especially clause (a) governing the whole section, and clause (d) referring in particular to usufructuary mortgage, i cannot agree in holding that the execution of ausufructuary mortgage amounts to a transfer of the proprietary right ..... of the judicial committee say: but it was maintained that although the language of the clause is framed in such general terms as to exclude every executor, who has obtained a grant of probate under the 179th and the following sections of the indian succession act of 1865, it must nevertheless be held to exclude the executor of hindu will, because it appears aliunde that ..... and cited a number of authorities to prove that, according to the law still in force in england and according to the law administered in india before the date of succession act, 1865, an executory gift, such as that contained in the testator's will, would have effect, in the event of the first taker dying sonless, at any time. ..... that parties to legislation sometime fail to express themselves in the statute so as to carry out the intention they had in passing the statute and that subsequent legislation is necessary in order, by an amendment of the original statute, to express in statute language the meaning of the legislature,' pp. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1932All598
..... of these cases is administrator general of bengal v. ..... thereupon, the president of the notified area made an application to the collector pointing out that the application of kashi prasad on which the collector had acted was beyond time, and thereupon the collector, professing to review his own judgment, by an order dated 23rd february 1931 cancelled his order of 23rd december 1930, and in effect refused to make a reference to the ..... there are some decisions in which it was held that the collector mast be treated as subordinate to the high court, when he is acting under section 18, for the reason that if the high court was denied the power of correcting the collector there would be no remedy left in the ..... the madras case it was pointed out that if the collector improperly refused to make a reference the party suffering was without remedy, and it was suggested that the legislature might very well amend the act and provide some remedy. ..... in calculating the period fixed for making an application under section 18, land acquisition act, the collector has added the time occupied in granting a copy of the collector's award to the ..... was argued that when an application is made to the collector under section 18, land acquisition act, asking him to make a reference to the civil court, the collector in passing orders acts judicially, and not merely as a ministerial officer. ..... ' 'the court' is defined in the land acquisition act as the principal court of civil jurisdiction, namely, the court of the .....
Tag this Judgment!Court : Mumbai
Reported in : (1936)38BOMLR768
..... carry out this object a statute entitled the sonthal parganas act, xxxvii of 1855, was passed by the governor-general of india in council, providing, inter alia, for the administration of civil and criminal justice by the officer of officers, under whose superintendence and jurisdiction the district ..... of the sonthal parganas, until the date on which such settlement is declared, by a like notification, to have been completed, no suit shall lie in any civil court, established under the bengal, agra and assam civil courts act, 1887, in regard to-(a) any land or any interest in, or arising out of, land, or(b) the rent or profits of any land, or(c) any village headship or other office connected with any land,in the area ..... the law as enacted by that statute was subsequently amended and supplemented by various acts and regulations, but their lordships consider it unnecessary to enter upon an examination of the history of the legislation goverriing the constitution of the courts established for the administration of civil justice in the district, or of the laws ..... this was done in compliance with section 5 of the sonthal parganas settlement regulation, iii of 1872, which, as re-enacted in a modified form by the sonthal parganas settlement (amendment) regulation iii of 1908, reads as follows :-5 (1) from the date on which, under section 9, the lieutenant-governor declares, by a notification in the calcutta gazette, that a settlement shall be made of the whole or any part .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1950All11
..... as indicated above, in my judgment, the government of india act, 1935, as amended by the governor-general, and the independence act are inseparably connected with each other and must be read together. ..... the position, therefore, was that the general control of the secretary of state over the governor-general, and through the governor-general, over the governors, was practically retained over the whole field of administration particularly as both the governor-general and the governors had, apart from the other powers referred to before, the power of suspending the entire ..... was on 25th august 1947 that the governor-general in exercise of the powers which had been conferred on him by section 9, indian independence act made a further order, styled 'the bengal state prisoners regulation (adaptation) order, 1947. ..... on 26th august 1947, the governor-general passed an adaptation order in the exercise of the powers conferred on him by section 9, indian independence act, 1947, and of all other powers enabling him in that behalf, which is called the bengal state prisoners regulation (adaptation) order, ..... 10 dobalwala, dehra dun, according to an order passed by the governor-general on 20th may 1948, under the provisions of the bengal state prisoners regulation, 1818 (hereinafter referred to as the regulation) as adapted by the bengal state prisoners regulation (adaptation) order, 1947, promulgated by the governor-general on 26th august 1947 (hereinafter referred to as the impugned order) .....
Tag this Judgment!Court : Kolkata
Reported in : (1914)ILR41Cal173
..... this court under the indian criminal law amendment act, 1908; but this could only be, if it appeared to the governor-general in council or to the local government, that in the interests of peace and good order the provisions of part i of the act should be made to apply. ..... an order was accordingly drawn up in the following terms: 'the advocate-general of bengal stating that he moves on behalf of his excellency the governor of bengal in council and at the instance of the legal remembrancer of bengal, and that the matter is one of urgency, and further stating the facts on which he relies, all of which will be supported by affidavits, which ..... 1913, in the circumstances aforesaid constitute a serious contempt of court, in that the several articles severally and in conjunction are calculated and tend to interfere with the due course and administration of justice and that in particular and without prejudice to the generality of the foregoing the said leading article in the issue of the said newspaper, dated the 22nd of may, 1913, tends to interfere with the course of justice by influencing the ..... and respectively be and they are all and every of them hereby appointed to be justices and conservators of the peace and coroners, within and throughout the said provinces, districts and countries of bengal, behar, orissa and every part thereof; and to have such jurisdiction and authority as our justices of our court of king's bench have and may lawfully exercise within that part of great britain .....
Tag this Judgment!Court : Kolkata
Reported in : (1878)ILR3Cal64
..... judicature, and from the control of the offices of revenue constituted by the regulations of the bengal code, and the acts passed by the legislature now or heretofore established in british india, as well as from the law prescribed for the said courts arid offices by the regulations and acts aforesaid;' and it is provided that 'no act hereafter passed by the council of the governor-general for making haws and regulations shall be deemed to extend to any part of the said territory ..... or shall be instituted within the period of two years fromthe date thereof, shall be tried and determined as if this act had not been passed; but allsuits to which the provisions of this act are applicable that shall be instituted within suchprovince or place after the expiration of the said period, shall b e governed by this act and byno other law of limitation, any statute, act, or regulation now in force notwithstanding.amended by act xiv, 1862 an act of temporary operation and since defunct.]4. ..... said territory, are vested in such officers as the said lieutenant-governor may, for the purpose of tribunals of first instance, or of reference and appeal, from time to time appoint;' and the officers so appointed are, in the administration of justice, to 'be subject to the direction and control of the said lieutenant-governor, and be guided by such instructions as he may from times to time issue.'12. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1943Cal285
..... 178.1 in 1869 the governor-general in council, which was then the indian legislature, passed an act purporting, inter alia, to remove the garo hills from the jurisdiction of the courts of civil and criminal jurisdiction and to vest the administration of civil and criminal a justice within that territory in such officer as the lieutenant governor of bengal might from time to ..... , section 110 (b)(ii) requires an express permission to be given to the legislature to amend any provision of the government of india act, while section 223 gives an express permission to the indian $ legislature to enact laws in respect of the jurisdiction and powers of the high court, no such express permission is given to the governor general when he is vested with the power to make ordinances having the force of ..... letters patent, provides that the letters patentare subject to the legislative powers of the governor-general in council and also of the governor-general in council under section 71, government of india act, 1915, and also of the governor-general in cases of emergency under section 72 of that act and may be in all respects amended and altered thereby.29 ..... 72 has been amended by the india and burma (emergency provisions) act of 1940 (3 & 4 ..... letters patent, of this court says that the provisions of the letters patent are subject to the legislative powers of the governor-general in cases of emergency under section 72, government of india act of 1915 and may be in all respects amended and altered thereby. mr .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1949Bom277; (1949)51BOMLR342
..... a subsidiary contention of the advocate general has been that the act of requisition under section 3 of the ordinance is the act of the governor, for the words 'provincial government' in that section mean the provincial governor by virtue of clause (a) of sub-section (43a) of the general clauses act 1897, as amended by the india (adaptation of indian ..... aforesaid, shall enjoy the same exemption and no other, from the authority of the said supreme court of judicature to be there erected, as is enjoyed by the said governor general and council at fort william aforesaid for the time being, from the jurisdiction of the supreme court of judicature there already by law established.the letters patent of 1823 conferred upon ..... learned chief justice observed as follows:-in determining the question whether the east india company would, under the circumstances, have been liable to an action, the general principles applicable to sovereigns and states, and the reasoning deduced from the maxim of the english law that the king can do no wrong, would have ..... and immunities, for the better administration of the same, and subject to the same limitations, restrictions and control, within the said town and island of bombay, and the limits thereof, and the territories subordinate thereto, and within the territories which now are or hereafter may be subject to or dependent upon the said government of bombay, as the said supreme court of judicature at fort william in bengal, by virtue of any law ..... [1940] ..... [1940] .....
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