Court : Kolkata
Reported in : AIR1929Cal358
..... in other provinces the lowest grade of judicial officers is that of subordinate, judges taking this province by way merely of example and referring to the act of 1882, the assam and bengal civil courts act, one finds that in legislation applicable to each individual province it has already been laid down what courts are to exist for the purposes of civil work ..... imperial legislature and it is said that:each of the high courts to be established under this act shall have and exercise all such civil, criminal, admiralty, testamentary, intestate, and matrimonial jurisdiction, original and appellate, and all such powers and authority for, and in relation to, the administration of justice in the presidency for which it is established, as her majesty may, by such letters patent as aforesaid, grant and direct, subject, however, to such directions ..... now, that being the position of affairs as regards the original side, when the legislature in 1908 came to amend and re-edit the code of civil procedure, what was the legislature intending to do by the clauses that are now under consideration ..... it is not in evidence but it was stated by sir bonode mitter at the bar and not denied by the advocate-general on behalf of the trustees that a personal judgment in favour of the mortgagees and against the debtors had been passed in the mortgage ..... my mind there is no answer to this contention save one, namely, the answer made by the advocate-general on behalf of the trustees that section 21, civil p.c. .....
Tag this Judgment!Court : Mumbai
Reported in : 1950CriLJ817
..... rules, any person coming from west pakistan whether directly or indirectly, who is not in possession of a permit, is liable to be prosecuted and sent back to pakistan....on the basis of this letter the contention of the learned advocate-general is that the applicant who entered india from west pakistan via-dacca should have been in possession of the necessary permit. ..... 31 which is in the following terms:notwithstanding anything to the contrary in these-rules, no person entering india, from any prison in the province of east bengal shall ordinarily be required to be in possession of a permit:provided that in the case of persons who are ordinarily resident in western pakistan and who want to enter india via any place in east bengal it shall be necessary to be in possession of a permit issued in accordance with these rules by the permit issuing authority mentioned in rule 8.9. ..... on 10th november 1948, the permit system rules of 1948 were amended by insertion of section 19 which is in the following terms:no person entering india from any place in that part of pakistan which lies to the east of india shall be required to be in possession of a permit.ordinance xxxiv [34] of 1948 was repealed and replaced by act xxiii [23] of 1943 which came into force from 22nd april 1949 ..... of revision can be exercised in respect of proceedings pending in an inferior criminal court, the order was passed by the deputy commissioner in his executive capacity and is an administrative and not a judicial order. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1934Cal682,152Ind.Cas.351
..... and the acknowledgment was communicated to the creditor and accepted by him, the arrangement between the creditor and the transferee did not amount to a novation within the meaning of section 62, contract act; that the obligation undertaken by the transferee was for, and intended to be for, the benefit of the creditor; and that the creditor is entitled to sue the transferee on the registered instrument. ..... (1756) ambler 330 the defendant had promised a widow that if she would consent to his being appointed a co-administrator with her deceased husband's estate, he would pay the debts of the deceased to the extent of any deficiency in ..... the letters patent of 1865 provided in clause 21 thatthe law of equity and rule of good conscience to be applied by the said high court of judicature at port william in bengal, to each ease coming before it in the exercise of its appellate jurisdiction, shall be the law of equity and rule of good conscience which the court in which the proceedings in such case were ..... 675 that in those courts the rights of parties are to be determined according to the general principles of equity and justice without any distinction, as in england, between that partial justice which is administered in the courts of law and the more full and complete justice for which it is ..... parties to the contract alleged to be contained in the charterparty, but it was arranged, in order to avoid any amendment, and in order to bring the plaintiff within the decision of robertson v. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1939Cal8
..... first with regard to the assured's paternal aunt, soudamini, the advocate-general points out that the learned judge's finding is that the medical men diagnosed and suspected tuberculosis and were treating the patient accordingly and that this was known to ..... apparently the only objection to the order appointing the respondent batukeshwar a special trustee is that the act contemplates more trustees than one; we suggested that this defect, if it is a defect, might even now be cured by the appointment and addition as plaintiff of another special ..... are the insured's wife, the respondent haridasi debi, if she survives the insured, otherwise the executors, administrators or assigns of the insured. ..... the witnesses to whom we have referred proved in the sense in which that term is used in the evidence act, that soudamini suffered from tuberculosis and that the insured believed that she so suffered.16. ..... on 18th december 1936 the official trusted applied for directions under section 25, official trustees act, stating that he was willing to accept the trust on condition that the respondent haridasi debi secured him against, any liability for costs and damages to the ..... was filed on 17th february 1935 and was subsequently amended under an order granting leave to amend made on 28th april 1936. ..... filed an additional written statement submitting that the appointment of the respondent batukeswar bhattacharjee was bad, and suggesting that the official trustee of bengal would have been made a party. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1943Cal133
..... ordinary course of law against the debtor or to vest the debtor's estate in some person appointed by it presumably for a reasonable period, so that if the creditors thereafter acted with reasonable diligence, they would be able by attachment or otherwise to liquidate any decrees that they might have obtained against the debtor out of the assets in the hands of the appointee.6. ..... answer to the question that is involved in the present case, is mainly due to the fact that nothing has been said by the legislature in section 37, provincial insolvency act, by way of indicating the powers and functions of the person in whom the estate of the debtor is to vest under orders of the court, on his adjudication being ..... it is true that all the provisions of the insolvency act may not be made applicable and the appointee may not have all the powers of the receiver in insolvency, but the general principles of distribution embodied in the insolvency laws which are ..... act, occupies the position of a trustee for all creditors and he has not only the power, but is under the duty of administering the estate in accordance with the rules of administration contained in the insolvency act ..... to him or the debtor to raise a question at the time of the preparation of the schedule, as to whether the amount payable to any creditor could exceed the limits imposed by section 30, bengal money-lenders act. ..... as follows : the petitioner before us was adjudicated an insolvent on his own application on 26th july 1940. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1930Cal212
..... the accused to hold that notwithstanding that the number of persons empanelled on the jury was the correct number, and not withstanding that they have all been chosen from among persons summoned to act as jurors in strict accordance with the provisions of sections 276 and 278, the proceedings have been altogether illegal and must be quashed because summonses were not issued to at least 18 persons. ..... doubts that the utmost precaution should be taken to ensure that an innocent person is not convicted, but the extent to which the administration of the criminal law suffers when an obviously guilty person succeeds in evading conviction is not so fully appreciated. ..... 506, laid down:that every judgment must be read as applicable to the particular facts proved or assumed to be proved, since the generality of the expressions which may be found there are not intended to be expositions of the whole law, but governed and qualified by the particular facts of the case in which such expressions are to be founddid not intend to ..... it has been found convenient in bengal and is a practice generally adopted, to fix dates for each particular case to be tried before the sessions judge and to summon a certain number of persons to attend on the date fixed in order to provide a jury for that particular ..... explained and applied section 537 'for the guidance of the courts' and this decision must now govern the interpretation of the section unless and until the legislature shall see fit to amend the section.21. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1937Cal495
..... legal representative of a dependant had no right to the compensation payable to the latter, but here again it is significant to note that the indian act was amended on various occasions even after 1925, but the indian legislature did not think it proper to introduce any provision like the one mentioned above. ..... the point in controversy in this appeal is, as to whether on the death of a workman through some accident arising in course of his employment, a right to the compensation, payable by the employer under the workmen's compensation act, does vest in his dependant or dependants actually existing at the time of his death; and if such dependant dies before any claim, to such compensation is made or investigated, does the right pass on to his heirs ..... is a vested right which passes to his legal representative would be to put an additional burden upon the employer, the effect of which might be to enrich the strangers and persons totally outside the scope of the act, but the result would be exactly the same if the dependant dies the very day after receiving the compensation. ..... it must be established by letters of administration or such other proof as the law provides ..... the appellant appeals from a decision by the commissioner, workmen's compensation, bengal, whereby the commissioner declined to award the appellant any sum of compensation in respect of the death of a work-man killed by an accident arising out of and in the ..... (3) gives the governor-general in council power to add to the .....
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