Court : Kolkata
Reported in : 44Ind.Cas.770
..... and it is the function of general words to include things not specially named. the source of the words appears to be the similar but not in all respects identical act in force in bombay (bombay act iv of 1898), though counsel was stopped by the court from arguing that what may have been done in bombay under that ..... act was of any assistance in interpreting the calcutta act. the clause in the calcutta act fills a prominent place and means something. as it stands, there is no restriction on the purposes which the board may ..... opposite view may include 'any land or all land in the area, for the whole area may be considered benefited by the scheme.' they look upon this as a forced and unnatural contention. i did not understand the learned advocate-general who appeared for the appellant to go so far. he conceded that the section may be read as providing .....
Tag this Judgment!Court : Kolkata
Reported in : 47Ind.Cas.803
..... held that the present state of the land round the railway menial quarters is a source of imminent danger to the public health in consequence of the 2nd party's act in closing the culvert which admits the drainage water into his tank, we cannot find in his statement of the facts any justification for the finding that the danger is .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1919Cal452,51Ind.Cas.999
..... the court of wards and secondly, that the award was incomplete.18. as to the first point we were not referred to any statutory provision or statutory rule, in force at the time, which required that the approval of the court should be signified in writing. but if a writing is necessary, there is a writing which will answer ..... may be duly executed.12. the permission of the district judge was not obtained. the collector thought it was unnecessary and in view of section 97 of the tenancy act his view may be accepted. jogesh babu on his side never demanded a reference to the judge. it may be taken, therefore, that the term of the subsidiary ..... garth and weatherall as their managers. quarrels, however, arose among the co-sharers and in 1902 the district judge of backergange under section 95 (b) of the bengal tenancy act appointed a common manager to take charge of the haturia estate. after one common manager had been removed and a second appointed, the district judge by a formal order, dated .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1919Cal281,50Ind.Cas.94
..... be taken for the assessment of such lands or for the assertion of the right of government to the ownership thereof except under the provisions of this act.' the act gives power to the government to direct new surveys of riparian lands, and provides for deduction of jama of estates from which lands have been washed away ..... permanent settlement of estates. the rules for temporary settlement are contained in regulation vii of 1822, it is true that the second paragraph of section 2 of act xxxi of 158 lays down that the settlement officers making settlements shall ascertain and record all rights according to the rules prescribed in regulation vii and determine whether ..... executed in the case of the settlement of the parent estate, chur khondkar.7. the present settlement proceedings were commenced under chapter x of the bengal tenancy act towards the end of 1907, and in course of the proceedings the director of land records and the board of revenue made certain recommendations to the government, .....
Tag this Judgment!Court : Kolkata
Reported in : 55Ind.Cas.180
..... nor by the latter because such a partition was not contemplated by the partition regulation, it has also been suggested that with a view to remove this difficulty, act viii of 1876 b.c. included a provision in section 112 for partition of lands common to two or more estates, which has been subsequently reproduced in section ..... the procedure indicated. it is a well-known rule of interpretation of statutes that where a statute confers jurisdiction, it impliedly grants also the power to do such acts, adopt such measures, and employ such means as are essentially necessary to its execution. if the legislature had intended that the revenue court should have authority to effect ..... incorrect. it was assumed in that case that the assam land and revenue regulation repealed the bengal partition act viii of 1876, which in reality was not repealed by the regulation, for the simple reason that it was never in force in assam; indeed, it could not be, as it was passed by the bengal legislative council after .....
Tag this Judgment!Court : Kolkata
Reported in : 57Ind.Cas.93
..... been repeatedly pointed out by this court that some record ought to be kept to enable us to form an opinion as regards the materials upon which the magistrate acted. mr. armstrong says nothing more in his affidavit than that he told the magistrate that be suspected that the dealings of the firms and persons named in ..... he had every reason to suspect were fraudulent and dishonest in their character and which clearly pointed to the commission of criminal offenses by several persons independently and acting in concert: that as a preliminary to sending up a case for enquiry before the magistrate he found it very necessary to examine and inspect the books of ..... submitted which differs on material points from the explanation then submitted. the learned magistrate now says that he acted upon the petition coupled with the statements made by mr. armstrong, which he says he had every reason to believe and act upon. no reference to any statement made by mr. armstrong was made or even alluded to when .....
Tag this Judgment!Court : Kolkata
Reported in : 57Ind.Cas.922
..... of this common object criminal force was used by some of the members of the said assembly, and thereby committed an offence punishable under section 147 of the indian penal code, and within my cognisance. secondly ..... on or about the 9th day of march 1919 at chhatapathar were, along with others, members of an unlawful assembly the common object of which was by means of criminal force to take possession of the north morlia colliery together with its office, machinery, stores, books, etc., which property was in the possession of messrs. patel and mukerjee, and in prosecution .....
Tag this Judgment!Court : Kolkata
Reported in : 57Ind.Cas.858
..... all the reasons upon which that decision is based. on the question of legal necessity, i feel considerable doubt whether having regard to all the circumstances, it was a prudent act on the part of jyoti prokash to purchase a house in calcutta or that the purchase of such a house was in any sense of the term a necessity. without ..... j. 29 : 1 sar. p.c. 552 : 19 e.r. 147 be applied to the present peouliar circumstances, it cannot at least be assumed that jyoti, as karta, was not acting bona fide when he applied for the loan. as to the defendants, apart from the question of security, the loan was made, as i have said, with the sanction and ..... the loan was contracted. i do not think that anything is proved by the plaintiffs to justify the question, 'why should the plaintiffs suffer because the guardian of the defendants acted dishonestly or fraudulently?' the facts must be viewed not entirely from the standpoint of jyoti's sons as the subordinate judge seems to have viewed them, but also from the .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1921Cal40,61Ind.Cas.107
..... time to ferment, this process being repeated two or three times; it is then placed in another machine where it is fried' by means of hot air from a furnace which is forced through by technically driven fans; and, finally, it is sorted into grades by machinery and packed for export or sale in the calcutta market. it ..... and thus carried on the profession of a journalist, the profits of which depended mainly on his personal qualifications within the meaning of section 39(c) of the finance act, 1915. on appeal, sankey, j, set aside the order for exemption as, in his opinion, the appellant was not in the position of an ordinary journalist ..... gives a definition of the expression 'agricultural income.' the portion of the definition material for the determination of the question before us may be stated as follows:in this act, unless there is anything repugnant in the subject or context, agricultural income means any income derived from.(i) agriculture, or.(ii) the performance by a cultivator or .....
Tag this Judgment!Court : Kolkata
Reported in : 59Ind.Cas.49
..... with regard to registration, he said that gafur's name was registered in his serista, not that gafur had complied with the provisions of section 15 of the tenancy act. then, the findings of the lower courts about this registration are not favourable to the landlord: the first court says that rahamatulla got his son's name registered to ..... was against the sole recorded tenant, the whole interest passed. in other words, he urges that, by omitting to comply with the provisions of section 15 of the tenancy act, the plaintiffs incurred the penalty of having their interest destroyed by proceedings to which they were not parties.10. before examining this broad proposition, it is desirable to refer ..... his argument is that as the jamas are permanent tenures the plaintiffs ought to have registered their names in accordance with the provisions of section 15 of the tenancy act, that as they did not do so, the land-lord was under no obligation to seek them out, that it was enough for him to sue gafur, who .....
Tag this Judgment!