Court : Kolkata
Reported in : AIR1921Cal185,60Ind.Cas.337
..... ignore the repudiation or to avail himself of it. if he does 'the latter, it is still, by consensus of the parties, and not by some superior force, that the contract is determined.'4. where there is such a breach by an unqualified and positive refusal to perform a contract though the performance thereof is not yet ..... 000 only. it is manifest that the present claim is covered by the principle previously enunciated, namely, that when repudiation of a contract by the promisor has been acted upon by the promisee who has treated the contract as ended, though dam-ages are to be measured by ascertaining what would have arisen by non-performance at the ..... for money or other valuable consideration, to use their position and influence to procure a benefit. an agreement of this character holds out an inducement to public officers to act with partiality or from corrupt motives or to bias them in the discharge of their official duties; such conduct, if tolerated, would sap the foundation on which official .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1921Cal1,59Ind.Cas.143
..... letters patent of 1862 were not reproduced in clause 30 of the letters patent of 1865. clause 30 of the letters patent which is now in force makes the argument entirely untenable that the high court is not to ad-minister criminal law as contained in the indian penal code but is to engraft ..... justice, equity and good con-science in all other cases. the principle that, in all cases for which no specific statutory directions are given, judges should act according to justice, equity and good conscience, was expressly formulated in section 93 of the administration of justice regulation promulgated by the governor-general in council on ..... 101) which define the jurisdiction and powers of the indian high courts, and embody the following provisions:9. 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 authority for .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1921Cal309,65Ind.Cas.57
..... alleged lunatic must be deemed to have been a resident of calcutta and subject to the jurisdiction of this court within the meaning of section 38 of the indian lunacy act before he went to pabna in 1917. the terms 'reside' and 'residence' have been the subject of judicial consideration on diverse occasions and in relation to a ..... for purposes of judicial inquisition as to alleged lunacy. in this respect the law is left as it was under sections 1 and 8 of the lunacy (supreme courts) act, 1858. the fifth chapter, which treats of proceedings in lunacy outside presidency towns commences with section 62, which provides as follows:whenever any person, not subject to the ..... when made and should have exercised the powers vested in it. the solution of the question raised depends upon the true construction of the provisions of the indian lunacy act, 1912. but before we examine these provision, it is desirable to set out the facts found by the district judge, which have not been challenged before us.2 .....
Tag this Judgment!Court : Kolkata
Reported in : 66Ind.Cas.287
..... the anterior period mentioned. if, then, we may refer to rennell's map as evidence, there is a presumption of its accuracy under section 83 of the evidence act in respect of such matters as to which it is admissible evidence. under that section the court shall presume that maps or plans purporting to be made by the ..... nature but continually variable. reliance is placed in this connection on the observations in the order of mr. strong, the collector, in a proceeding under section 76 of act ix of 1847 that the island dakhin sahabazpur is notoriously subject to diluvion and alluvion and that in the period which elapsed between rennell's survey and the permanent settlement ..... any case in which the court of wards undertakes under section 95 the management of an estate or tenure, so much of the provisions of the court of wards act as relates to the management of immoveable property shall apply to the management' in the case of the appointment of a manager by the district judge under section 95 .....
Tag this Judgment!Court : Kolkata
Reported in : 69Ind.Cas.814
..... not by the latter because sash 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 1873 (b. c.) included a provision in section 112 for partition of lands common to two or more estates which has been subsequently re-produced in ..... to the procedure indicated. it is a well-known rule of interpretation of statutes that were 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 attain; indeed, it could not be, as it was passed by the bengal legislative council after .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1922Cal307,68Ind.Cas.482
..... ann. cas, 246 : 15 enc. pi. & pr. 777 at p. 780 : 138 : 52 south. 609, freeman on co-tenancy, chapter xxtv : knapo on partition, page 137. there is obvionsly much force in the observation of pope, j. in baca v. anaya (1908) 14 n. m. 382 : 94 pac. 1017 : 20 ann. cas. 77, 'we are unable to see the hardship of ..... truth, the limitations attending proceedings in partition are constantly weakening, and the tendency to do full and complete justice to the parties in one action, is becoming irresistible; see judicature act, 1873. section 24(sic)7. gledhill v. hunter (1880) 14 ch. d, 492 : 49 l. j. ch. 333 : 42 l. t. 392 : 28 w. rule 530; write v. bingley (1882 ..... court. we assess the bearing fee at fifteen gold mohurs. the costs in the court below will be costs inn the cause.6. under section 13 of the court fees act we direct that the court-fees paid on the memorandum of appeal be returned to the appellant.
Tag this Judgment!Court : Kolkata
Reported in : 71Ind.Cas.314
..... for the due administration of the estate by the executor. a more extended interpretation of section 112 of the probate, and administration act, as beaman, j., pointed out in hasanalli moledina v. popatlal parbhudas 17 ind. cas. 17 : 37 b. 211 : 1 bom. l.r. 782, would be absurd even though it ..... that where, as in the case before us, the will creates a vested interest in the legatee in the subject-matter of the legacy (cf. section 106 of the succession act), he has a transmissible interest, subject to the reservation that the legacy, whether in his hands or in the hands of his transferee, may be imperiled to the extent necessary ..... action of trespass against him. but, as it is the will of the testator which gives the interest to the legatee, so this matter of assent seems only a perfecting act for the security of the executor, and therefore, the law does not require any exact form in which it is to be made.' in other words, though on the .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1923Cal517,77Ind.Cas.819
..... and the only valid excise for not examining the witnesses world be that no reliance could be pkcfd en their evidence. by discarding these witnesses the prosecution emphasized the act that the case for the crown was a total deniai of any right of self-defence, and not that the right of private defence was exceeded. as stated ..... preliminary objection that the trial was without jurisdiction by reason of the provisions of section 132, criminal procedure code. this section provides that no prosecution against any person for any act purporting to be done under chapter ix of the code shall be instituted in any criminal court except with the sanction of the governor-general-in-council. it ..... by the provisions of section 128, or at any rate. the act purported to be done under that section, so as to render the provisions of section 132 quoted above applicable. but this contention bails because the power to disperse an unlawful assembly by force is not given by the code to any police officer below the .....
Tag this Judgment!Court : Kolkata
Reported in : 75Ind.Cas.129
..... , issues a warrant for the arrest of any person as therein specified but does not first record its reasons in writing, has the warrant so issued any legal force and effect?'2. in my opinion it is necessary, and, at all events, advisable to state the facts which gave rise to this reference. one saifaiuddin took ..... either of them will be unlawful; and a constable or persons aiding him, may, in some possible instance, become amenable even to a charge of murder, for acting under an authority, which they reasonably considered themselves bound to obey, and of the invalidity whereof they are wholly ignorant. an exposition of these statutes, pregnant with so ..... and if used shall be sufficient.'54. lastly, as to the word 'writing' which occurs in sections 75 and 90 under section 3(58) of the general clauses act (x of 1897), 'unless there is anything repugnant in the subject or context expressions referring to writing' shall be construed as including references to printing, lithography, photography .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1924Cal392
..... by the deputy magistrate at alipore. as he failed tofurnish the necessary securities, he has been ordered to suffer rigorous imprisonment for two years by the sessions judge at alipore acting under section 123 of the criminal procedure code.4. the rule has been granted on the ground that the petitioner was not examined, under section 342 of the criminal procedure code, at the close ..... into or trial for any other offence, and so presupposes that an accused person is a person accused of an offence. offence is defined in section 4 (o) as an act or omission punishable by any law. a person called on to give security cannot be said to be a person accused of an ..... act or omission punishable by law.10. speaking for myself, i have grave doubts whether a person proceeded against under chapter viii is an accused person.11. the petitioner has, however, .....
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