Court : Kolkata
Reported in : (1878)ILR3Cal64
..... virtually autocratic.147. it may be said, no doubt, that the right which her majesty in council possesses of putting a veto on any act which is passed by the legislature, affords some security against any excess of their powers; but it must be borne in mind that the scrutiny to which indian measures are subjected by her ..... was also laid on section 45 of 3 and 4 of will. iv, section 85, which provides that laws made by the indian legislature shall have the same force as an act of parliament.30. this question although not, as i shall hereafter show, devoid of authority, has never been discusser at length, as far as i am aware ..... they exercise their executive powers. indeed, to some extent, parliament does exercise purely executive functions, as, for example, when it fixes the amount of the naval and military forces, or appropriates the public revenues. the difference in india is this. that the executive council and the legislative council are two co-ordinate and independent bodies, each having .....
Tag this Judgment!Court : Kolkata
Reported in : (1878)ILR3Cal332
..... of the law of limitation as interpreted in india. it is conceded that, having regard to the peculiar words of article 128, schedule ii of act ix of 1871,[1] that act, which was in force when this suit was brought, creates no bar to the maintenance of this suit; but it is contended that, under the provisions of the ..... statutes of limitation in less than twenty years, each laying down rules differing considerably from those of its predecessor. it would create great confusion if every time a new act of limitation were passed, rights which were supposed to be barred were again revived: and the great advantage of a law of limitation, that it enables men to ..... reckon upon security from further claim, and to act accordingly, would be entirely lost. in my opinion the right of the plaintiff to maintenance having become barred prior to the passing of act ix of 1871, it was also extinguished, and being extinguished it was not revived by .....
Tag this Judgment!Court : Kolkata
Reported in : (1882)ILR8Cal919
..... which is the subject-matter of this suit. the sale was made to rungi and sheo ram, ancestors of defendants nos. 7 to 9. sheo ram pledged his share as security for revenue payable by one hera mohun in respect of the ticca of an akheri mehal. for default in the payment of this revenue the pledged share of sheo ram ..... is quite clear that the rights of the other members of the family are. not only barred, but have been extinguished under the last section of the limitation act of 1871, which was in force when this suit was brought. their rights are vested in the defendants. under these circumstances, a question arises--viz., whether the plaintiff, an insane person, can ..... .4. the subordinate judge awarded a decree in favour of the plaintiff for a moiety of the share claimed, dismissing the suit as regards the share sold at auction under act i of 1845.5. the district judge in appeal has awarded a full decree. hence this appeal.6. the defendants pleaded limitation in the lower courts, but it was .....
Tag this Judgment!Court : Kolkata
Reported in : (1883)ILR9Cal397
..... punishing for contempt of court (ss. 2051 to 207, chapter xv of the presidency magistrate's act, iv of 1877). he can make an order requiring security to keep the peace (ss. 208 to 211 of chapter xvi of the same act). he can make an order requiring security for good behaviour (ss. 212 to 214 of the same chapter). he can make an ..... been made under this section since the date of the letters patent of 1865; but there was a rule made previously, and while the letters patent of 1862 were in force, viz.,' a court for the exercise of the ordinary original criminal jurisdiction of this court may be held before one judge, and two or more courts may sit at ..... first quoted (no. 58) is saved by the second section of the letters patent of 1865, which provides that all rules and orders in force immediately before the publication of these letters patent, shall continue in force, except so far as the same are hereby altered until the same are altered by competent authority.20. it would appear to follow that, .....
Tag this Judgment!Court : Kolkata
Reported in : (1884)ILR10Cal713
..... in its present form, without putting the parties to the frightful expense and delay of fresh proceedings.30. no receiver, i presume, unless he were himself an interested party, would act gratuitously; and in this case, it appears, there are no means of paying a receiver. there are literally no assets, as i understand,, out of which a receiver could be ..... receiver, whoever he may be, than they are now against the plaintiffs. in either case, i presume, they would be entitled to security for costs, if they choose to ask for it, and in either case, they are secure, as far as i can see, from being sued over again for the same cause of action.34. indeed, i do not know .....
Tag this Judgment!Court : Kolkata
Reported in : (1891)ILR18Cal188
..... respect of the properties in suit.4. we shall consider these points in the order in which they have been stated above.5. we do not think there is much force in the first contention of the appellants. to prove the fact of attachment, the plaintiffs have put in attested copies of prohibitory orders of the judge, dated the 3rd may ..... been neither written nor read by him, and he being able only to attest his signatures to those documents, he could not be allowed, under section 159 of the evidence act, to refresh his memory by referring to them. but whatever defect there may be in the evidence of the peon is fully cured by the statement of amirunnessa, the predecessor .....
Tag this Judgment!Court : Kolkata
Reported in : (1989)ILR26Cal381
..... about the man's infancy,' whilst kedar says that 'he obtained the declaration of the plaintiff concerning his age and the exhibits 10 and 11 for the greater security of the interest of my client' meaning the defendant. throughout the evidence of kedar nath or dudraj there is not the faintest ground for the suggestion that the ..... terms.14. the observations i have made as to the meaning of the term 'person' in section 115 of the evidence act apply with even greater force to that expression as used in section 64 of the contract act.15. in my opinion the term 'person' in section 64 means such a person as is referred to in section 11, ..... is the alleged fraudulent representation.6. now, let us consider the circumstances under which that document was obtained. one kedar nath mitter, an attorney of this court, was acting as solicitor both for the present appellant (the intending mortgagee) and for the plaintiff, the intending mortgagor. it appears that on the 15th of july this attorney received a .....
Tag this Judgment!Court : Kolkata
Reported in : 53Ind.Cas.737
..... manager may make any application which the proprietors could make under section 103. that section, as it stood in the act of 1885, declared that on the application of proprietors or tenure-holders, and on depositing or giving security for the required amount for expenses, a revenue officer may, subject to and in accordance with the rules made in ..... 5 provides that 'no manager shall have power to compromise any suit or relinquish any claim without the express sanction of the district judge.'6. these rules have the force of law and it seems to us, having regard to rule 4, that the manager was bound to have applied to the district judge for sanction before bringing a ..... instituted against mr. sandys for recovery of moneys received by him as manager; t till the suit is decided, it would not be proper to return the security (that is, the security deposited by the ex-manager). let this application be struck off the file.' so that the district judge was fully cognizant of the steps that were being .....
Tag this Judgment!Court : Kolkata
Reported in : (1906)ILR33Cal92
..... , and that the money which they sought to follow was money which they were entitled under the mortgage to regard as part of their mortgage security.40. there would be great force in the appellants' contention, if the plaintiffs had appeared in the first suit filed by the appellants and had been permitted to prove their mortgage ..... rights of the puisne incum-brancers not as extinguished or discharged by the sale, but transferred thereby to the surplus sale-proceeds. this principle is recognised and constantly acted upon in suits instituted on the original side of this court by a first mortgagee on his mortgage, to which suit puisne mortgagees are made parties' in ..... on behalf of the respondents, that the suit even as regards the sale-proceeds of mouzah chuck falls within article 132 of the second schedule to the limitation act, as a suit brought to enforce payment of money charged upon immoveable property, and that they had therefore twelve years from the date on which the money sued .....
Tag this Judgment!Court : Kolkata
Reported in : (1906)ILR33Cal295
..... the petitioners was affirmed. the learned sessions judge, however, reduced the sentences passed upon them and affirmed the order made under section 106 of the criminal procedure code for security for keeping the peace on conviction. the applicants then moved this court and obtained this rule. no one has appeared on behalf of the magistrate to show ..... rule that if persons are rightfully in possession of land and find it necessary to protect themselves from aggression, they are justified in taking precautions and using such force as is necessary to prevent the aggression: see pachkuuri v. queen-empress (1897) i.l.r. 24 calc. 686.18. in my opinion the conviction ..... order in the section 145 case, and that he had been trying to introduce complication by stealthy wrongful acts. if, therefore, the petitioners were in possession, their common object could not have been to take possession by criminal force. the case, therefore, is covered by the principle laid down by this courh in the case of .....
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