Court : Kolkata
Reported in : (1915)ILR42Cal856
..... , and the second clause provides that when forfeited the approver's statement may he given in evidence against him under the old law the pardon remained in force until it was withdrawn by the authority granting it in consequence of a failure by the approver to observe the conditions under which it was granted. under ..... were considering was the charge under section 194 of the indian penal code.6. in my opinion that case cannot be taken as air authority for the proposition that, where the approver fails to act up to the condition of his pardon before the enquiring magistrate, the magistrate cannot recommence the inquiry as against the approver and ..... that case came before a special bench of three judges, consisting of holm wood and sharfuddin and d. chatterjee jj., under the provisions of the criminal law amendment act. holmwood j. held that the committing magistrate was the sole authority to determine whether or not the pardon had been forfeited. the grounds on which holmwood j. formed .....
Tag this Judgment!Court : Kolkata
Reported in : 29Ind.Cas.629
..... every decision of a full bench shall be treated as binding on all 'division courts and judges sitting singly, upon any point of law or usage having the force of law, determined by the full bench, unless it is subsequently reversed by a bench specially constituted consisting of such number of judges as in each case shall ..... each of its two branches, must be answered in the negative.7. as regards the second question, it follows that article 132 of the schedule to the indian limitation act has no application, as there is no charge on immoveable property enforceable against the sons. consequently, article 120 governs the case. the plaintiffs are thus entitled to sue ..... answer the second branch of the first question in the affirmative, on the ground that the full bench decision was superseded by section 85 of the transfer of property act (now replaced by rule 1 of order xxxiv of the civil procedure code of 1608). in support of this contention, reliance has been placed upon the cases of bisonath. .....
Tag this Judgment!Court : Kolkata
Reported in : (1915)ILR42Cal1068
..... every decision of a pull bench shall be treated as binding on all division courts and judges sitting singly, upon any point of law or usage having the force of law, determined by the full bench, unless it is subsequently reversed by a bench specially constituted consisting of such number of judges as in each case shall ..... of its two branches, must be answered in the negative.5. as regards the second question, it follows that article 132 of the schedule to the indian limitation act has no application, as there is no charge on immoveable property enforcible against the sons. consequently, article 120 governs the case. the plaintiffs are thus entitled to sue ..... answer the second branch of the first question in the affirmative, on the ground that the pull bench decision was superseded by section 85 of the transfer of property act (now replaced by rule 1 of order xxxiv of the civil procedure code, 1908). in support of this contention, reliance has been placed upon the cases of biswanath pershad .....
Tag this Judgment!Court : Kolkata
Reported in : 32Ind.Cas.267
..... clearly be permitted to single out one transaction of chandra nath and to hold upendra liable in respect thereof. there is considerable force in the contention that if all the accounts of the period of executorship of chandra nath were taken, it might transpire that he had made advances to his ..... , are responsible to the extent of the assets, if any, of their father in their hands, to indemnify the estate of raj mohan for losses sustained by unwarrantable acts of their father. this matter, in all its bearings, they have declined, by common consent, to submit for investigation by the court. five of the brothers cannot ..... other statements are admissions by parties to the present suit and might have been used to contradict their testimony in this case under section 145 of the indian evidence act. they were, however, not so used. the specific statements were not put to the parties sought to be contradicted. consequently as pointed out by the judicial committee .....
Tag this Judgment!Court : Kolkata
Reported in : 33Ind.Cas.148
..... sub-section 3 of section 109a, which has now been replaced by section 100 of the civil procedure code of 1908, effectively bars the present appeal. there is plainly no force in this contention. sub-section 3 of section 109a merely provides that if the appeal is otherwise competent, it is to be heard as an appeal from appellate decree ..... the landlord will be at liberty to re-measure the lands. the lands have been actually re-measured in the settlement proceedings under chapter x of the bengal tenancy act, and the landlord claims assessment of fair rent on the area so determined by the revenue authorities, which must, prima facie, be deemed correct under section 103b. ..... a decision settling a rent'.9. to determine the precise scope of this expression, it is necessary to examine briefly the scheme of chapter x of the bengal tenancy act, in which section 109a finds a place. this chapter is divided into four parts. the first part, which treats of the preparation and publication of the records of .....
Tag this Judgment!Court : Kolkata
Reported in : 36Ind.Cas.749
..... be interpreted on the assumption that the legislature has indirectly accomplished what it did not venture to undertake openly and directly. this principle applies with special force to acts which confer on a corporation extensive powers of interference with private rights; the extent of the right of interference must be assumed to have been explicitly ..... under section 69 to acquire land compulsorily for recoupment. an ingenious attempt, however, has been made to evade this conclusion by a forced construction of several of the provisions of the act, which we shall hereafter consider. the only other provisions in the fourth chapter whereon stress has been laid by the board is that ..... , by experience, that less land than was originally supposed will be sufficient. or, again, the b and may have been forced to lake superfluous land under section 49 of the land acquisition act by reason of wishing to take a part only of the premises. there may also be instances where land taken originally and .....
Tag this Judgment!Court : Kolkata
Reported in : 39Ind.Cas.465
..... .16. when the case comes to be re-heard, the question must arise, whether the court is competent to hold an enquiry into the facts, and for this purpose to act on evidence adduced before it or before the subordinate court under its direction. the cases of rama iyer v. venkatachala padayachi 30 m 311 ; 12 m.l.t. 84 ; 17 ..... q.b.d. 704 at p. 708 ; 56 l.j.q.b. 315 ; 57 l.t. 643 : 35 w.r. 511 ; 51 j.p. 549, in the case of an act which creates a new jurisdiction, a new procedure, new forms or new remedies, the procedure, forms and remedies there prescribed and no others must be followed.' to the same effect ..... this kind, which is of a criminal nature, to allow the applicant, who is really the c.i.d., to shift his ground again even if we had power to act under section 115 of the civil procedure code.7. the ordinary rule of this court is that it will not interfere and exsrcise its powers under section 115 of the civil procedure code, if .....
Tag this Judgment!Court : Kolkata
Reported in : 41Ind.Cas.313
..... his orders appeals were preferred and the appellate court has held that under the provisions of section 195 (6) the superior court though competent to act upon evidence taken before itself or taken by the subordinate court under its direction is not competent to make a remand to the subordinate court for further ..... the supreme court and sadder dewahy and sudder nizamut courts should be abolished. section 9 enacted as follows:---'each of the high courts to be established under this act shall have and exercise all such civil, criminal, admiralty and vice-admiralty, testamentary, intestate and matrimonial jurisdiction, original and appellate, and all such powers and ..... criminal procedure code, cuts down the power which the high court has under section 115, civil procedure code, or its power of superintendence under clause 15 of the high courts act. i understood my learned colleague to agree with me that our revisional powers have not been so out down. argument at the bar proceeded upon the same .....
Tag this Judgment!Court : Kolkata
Reported in : 41Ind.Cas.944
..... some of which, at any rate; have been omitted or materially altered (see for instance sections 31 and 45 of the code of 1882).12. there is no force in the contention that grave inconvenience will be caused to some of the parties as they will have to be present during the discussion of questions which specially affect ..... as regards the second test, it is clear that if different suits were instituted, at least one common question of fact would arise, namely, the exact nature of the act imputed to brojendra nath das, which would have to be investigated presumably on the same evidence separately adduced in the several suits. here, again, it is important to observe ..... first, could the right to relief against the defendants be said to be in respect of or arising out of (expressions obviously of wider import than relating to) the same act or transaction, and, secondly, would any common question of law or fact arise, if separate suits were brought. as regards the first test, there can, in my opinion .....
Tag this Judgment!Court : Kolkata
Reported in : 41Ind.Cas.503
..... cannot be disputed for a moment that the interests of raseswari were wholly antagonistic to the interests of her minor son. it was, therefore, impossible that she could act as his guardian ad litem, nor was it right that her nominee should be appointed to that post. another extraordinary circumstance is that one at least of the pleaders ..... of the propriety or impropriety of the executor's conduct in borrowing these moneys. even on the present imperfect elucidation of the facts it would appear that the executors acted recklessly in carrying on this business. the debts of the business at the time of the testator's death, we are told, amounted to about six lacs of ..... pleases, subject, of course, to his responsibility as executor for the due administration of the estate. his powers are defined in chapter vi of the probate and administration act, while his duties are dealt with in chapter vii. one of the duties of an executor is to collect with reasonable diligence the property of the deceased and .....
Tag this Judgment!