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Bhagwan Das Vs. Rash Behari Mullick

Court : Kolkata

Reported in : 6Ind.Cas.595

..... why then should not the parties be left to their remedies in the civil courts especially when the alterations had in fact been sanctioned by a responsible officer ..... , the petitioners persisted in completing their building operations with all haste.8. on enquiry, after hearing the evidence of both sides, the learned magistrate found that the building was a nuisance within the meaning of the act and made an order for its abatement holding (1) that the so-called sanction of the 22nd july 1908, given by the district engineer, was ultra vires and, therefore, a nullity; (2) that in any ..... , pressed on with the re-building, and complainant tired of waiting for the municipality to move, himself filed a complaint under section 632 of the act, alleging that the buildings in course of construction were a nuisance, and demanding an enqniry under that section. ..... affected the premises as they then stood but in any case that decree cannot be held to override the provisions of the act which is directed to provide for public sanitation among other public considerations.12 ..... . it has been argued: (1) that section 632 of the calcutta municipal act does not apply to a case of this kind where the nuisance, if any, affects an individual and does ..... 'nuisance', however, has been defined in the act and the definition is wide enough to cover ..... , as the owner of one of the divided parts desired to re-build his portion as a separate building he came within the provisions of the act and he was bound to comply with its terms .....

Raghunath Hanumant Mane Vs. Sadashiv Damodar Datar

Court : Mumbai

Reported in : AIR1951Bom270; (1950)52BOMLR871; ILR1951Bom114

..... thereupon the learned district judge directed the appellant to file his appeal in the high court, because he held that under the provisions of the bombay civil courts act he had no jurisdiction to enter tain an appeal against a decree for an amount exceeding rs. ..... bombay act (liv [54] of 1949) came in force on 1-3-1950, and the argument for the respondent is that the decree under appeal is governed by the provisions of the said act and under section 26, bombay civil courts act, as amended by bombay act (liv [64] of 1949) an appeal against a decree like the present would lie to the district court and not to the high court.2. ..... /35 & 36 said construction is accepted, part of section 6(a) which provides that the unamended section 26, civil courts act will apply to pending suits will be rendered meaningless and nugatory. ..... pursuant to this direction the defendant filed a petition of appeal in this court and this court had than to consider whether the provisions of the bombay civil courts act were retrospective. ..... before this time expired, the bombay civil courts act came into operation on 19th march 1869. ..... the last section in the new act provides that the amendments made in the bombay civil courts act by the present act by the provisions of ss. ..... this new act repealed the earlier act, and as i have mentioned it included section 23 which allowed revisions against the orders of the mamlatdara. ..... in ratanchand shrichand's case a decree was passed by the principle sadar amin of dhulia for rs. .....

Babulal Vadilal Vs. Ambica Iron and Steel Works Re. Rolling

Court : Gujarat

Reported in : (1974)15GLR474

..... registrar of trade marks : air1947cal49 inferred from this change that the appellate jurisdiction of the high court as specified in clause 16 was confined only to the jurisdiction to hear appeals from the civil courts mentioned in that clause and appeals under acts passed and regulations in force upto the year 1866 and if any appellate jurisdiction was conferred on the high court by any subsequent statute, it was not within the appellate jurisdiction contemplated under clause 16. ..... 1933 patna 67 that 'it is now well-settled that with the addition of sub-section (3) section 98, civil procedure code, made by the repealing and amending act, 18 of 1928, that section has no application to cases heard by a division bench of a chartered high court, whether in appeals from decrees of subordinate courts, or from decrees passed by a judge of the high court 011 the original side, and that all cases of difference of opinion among the judges composing the division bench are governed by clause ..... on 6th august 1861 the high courts act 1861 was enacted by the british parliament; section 1 of this act empowered her majesty, by letters patent, to erect and establish high courts of judicature at fort william in bengal, madras and bombay and section 9 provided that 'each of the high courts to be established under this act shall have and exercise all such civil, criminal... .....

Pandarathil Abdulla of Androth Island Vs. Komalath Thanga Koya of Andr ...

Court : Chennai

Reported in : AIR1938Mad855; (1938)2MLJ447

..... the amin appears to have passed, an order on the same day, apparently without hearing the other side, and without proceeding in the manner indicated in section 22 of the laccadive islands and minicoy regulation i of 1912, which requires that the amin sitting with four or more assessors shall be the civil court for the island and shall have jurisdiction over all civil claims ..... there was a petition filed by the koyas of the island against the petitioner and another person on the 12th march, 1933, bringing to the notice of the amin that the petitioner, who is a melacheri, had agreed to hire a boat and register the agreement of hire contrary to the long prevailing custom in the island. ..... under section 107 of the government of india act the petition for revision was maintainable, and in my opinion it does not cease to be competent because that section has been repealed by the new government of india act of 1935 which came into force on the 1st ..... the order wound up with the following sentence:therefore i hereby order and direct that the abovenamed abdulla should not act according to the kararand sail as owner of goods to the main land thereby breaking the long-established custom till final orders ..... of the repeal is not to destroy or take away the jurisdiction which existed at the time when proceedings were initiated, vide section 38 of the english interpretation act. ..... this does not make the collector when acting in his appellate jurisdiction subject to the jurisdiction of the high court. .....

Hon'ble Raja Moti Chand C. I. E. and Anr. Vs. the British India Corpor ...

Court : Allahabad

Reported in : 136Ind.Cas.78

..... state for india, and these rights could in no event be cold, for he says that as these lessee rights were acquired after the final decree, there is no equity in favour either of the mortgagee or of the purchaser of the court auction to have such acquisitions taken away from the person who paid for them and attached to the property covered by the decree, and he relies upon the cases of haradhan chakravarti v. ..... these cases are no longer law in view of the repeal of section 89 of the transfer of property act and the enactment of order xxxiv of the civil procedure code of 1918. ..... was finally argued before us on behalf of the respondents that we should not interfere with the decree of the court below by reason of the fact that section 51 of the transfer of property act is applicable to the facts of the case, and that provision of law gives an option to the british india corporation, and the court below has given effect to that option correctly. ..... this finding has not been attacked by either party and we must take it that the present area of the mortgaged land is 6 bighas 3 biswas and the same has been demarcated by the court below in the amins map referred to above.7. ..... conclusion, therefore, is that raja moti chand is entitled, unless barred in some other way, to the land marked in the amin's map by the court below. ..... have now to see what rights lalta prasad possessed in the land which has now been found to have an area of 6 bighas 3 biswas as marked in the amin's reap by the court below. .....

Garikapatti Veeraya Vs. N. Subbiah Choudhury

Court : Supreme Court of India

Reported in : AIR1957SC540; [1957]1SCR488

..... provisions of any law in force in the territory of india into accord with the provisions of this constitution, the president may by order make such adaptations and modifications of such law, whether by way of repeal or amendment, as may be necessary or expedient, and provide that the law shall, as from such date as may be specified in the order, have effect subject to the adaptations and modifications so made, ..... bombay civil courts act came into force, and under that act appeals ..... decree or final order', can there be any cogent reason why we may not also read the words 'arising out of a suit or proceeding instituted in the court of first instance after the commencement of the constitution' after the words 'civil proceedings of a high court in the territory of india' if the constitution is prospective with regard to the date of the judgment why should it not be also prospective with regard to the ..... that article applies only to judgments, decrees and final orders passed in proceedings instituted after the constitution is untenable, firstly because it proceeds on the notion that a right to appeal to the federal court has vested in the suitor prior to the constitution, for which there is no justification on principle or on the statute law of india; secondly because it involves reading into the article words which ..... date, the appeal against the judgment of the principal sadar amin would have lain to the district court. ..... was instituted in the court of the principle sadar amin of dhulia, and .....

Shah Nanalal Maneklal Vs. Patel Chhotabhai Desaibhai

Court : Gujarat

Reported in : (1961)2GLR601

..... at the date when the act came into force in the area in question the appellants darkhast was pending before the civil court and since the respondent raised the question whether he was a debtor within the meaning of the act and whether the total amount of debts due from him ..... enacts that any debtor ordinarily residing in any local area for which a board was established under section 4 of the repealed act on or after 1st february 1947 or his creditor may make an application before 1st august 1947 to the b.a.d.r. ..... amin and it provides that save as otherwise expressly provided in the act the provisions of the code of civil procedure shall apply to all proceedings under chapter ii which deals with the procedure for adjustment of ..... . amin informed me that it was not possible for him to press the plea of limitation as an independent plea apart from the aforesaid arguments relating to the maintainability of the ..... amin found it difficult to support the judgment of the learned assistant judge; but he faintly argued that inasmuch as the appellants darkhast was dismissed by ..... amin which found favour with the learned assistant judge was that since the appellant allowed his darkhast to be dismissed for want of appearance the result was as if no application was made by him under section ..... amin relied only on the first of these contingencies in support of his contention that the judgment debt due and owing from the respondent to the appellant was extinguished and i am therefore concerned only with .....

Major E.G. Barsay and ors. Vs. the State

Court : Mumbai

Reported in : 1958CriLJ1144

..... under section 69 of the army act, subject to the provisions of section 70, any person subject to the act who at any place in or beyond india commits any civil offence shall be deemed to be' guilty of an offence against the act and, if charged therewith under this section, shall be liable to be tried by a court-martial and, on conviction, be punishable in the manner provided in cls. ..... where there are general words in a later act which are capable of reasonable and sensible application without extending them to subjects specially dealt with by earlier legislation, the earlier and special legislation cannot be held to have been indirectly repealed, altered or derogated from merely by force of such general words, without any indication of a particular intention to do so. ..... amin contended that by virtue of this non-obstante clause, the jurisdiction of the court-martial was excluded in respect of the offences with which accused no. ..... amin on behalf of the state relied on a ruling of the supreme court, h. n. ..... amin, this act amended the indian penal code and the code of criminal procedure and provided for a more speedy trial of certain offences, the offences being enumerated in section 6 of the act, and for the trial of those offences the state government has the power o appoint special judges, and section 7 (1) of that let provides that notwithstanding anything contained in the code of criminal procedure .898, or in any .....

Moti Chand and anr. Vs. British India Corporation Ltd. and ors.

Court : Allahabad

Reported in : AIR1932All210

..... and these rights could in no event be sold, for he says that, as these lessee rights were acquired after the final decree, there is no equity in favour either of the mortgagee or of the purchaser at the court auction to have such acquisitions taken away from the person who paid for them and attached to the property covered by the decree, and he relies upon the cases of hardhan ghakarvarty v ilargobind dutta a.i.r. ..... the result is that we allow this appeal, set aside the decree of the court below and substitute therefor a decree declaring the proprietary right of the plaintiffs over : (1) the property mentioned in section a, (excluding therefrom the land marked blue in the amin's map and the residential bungalow); and (2) the end-room adjoining the main building, the long office and the kitchen which ..... this section must be deemed to continue so long as the suit is pending in appeal, since the proceedings in the appellate court are merely continuation of those in the suit: see the case of gobind ghunder roy v. ..... is null and void and ineffectual against the plaintiff; (3) an order of 24th december 1926 passed by the court of the subordinate judge and deputy commissioner of naini tal be set aside. ..... attacked by either party and we must take it that the present area of the mortgaged land is 6 bighas 3 biswas and the same has been demarcated by the court below in the amin's map referred to above.8. ..... act, and the enactment of order 34, civil ..... longer law in view of the repeal of section 89, t.p. .....

Justice k.s.puttaswamy(retd) Vs. Union of India

Court : Supreme Court of India

..... . (iv) core biometric information comprising finger print and iris page 362 of 567 writ petition (civil) no.494 of 2012 & c onnected matters scan.294) insofar as demographic information is concerned, it is required by the provisions of many other enactments as well like companies act, special marriage act, central motor vehicle rules, registration of electoral rules, the citizenship rules, the passport act and even supreme court rules.295) as regards core biometric information which comprises finger prints, iris ..... with respect to 70 regulation (eu) 2016/679 of the european parliament and of the council of 27 april 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing directive 95/46/ec (general data protection regulation) page 260 of 567 writ petition (civil) no.494 of 2012 & c onnected matters the collection, storage and use of biometric data which have been taken note of above. ..... regulation)69 69 regulation (eu) 2016/679 of the european parliament and of the council of 27 april 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing directive 95/46/ec (general data protection regulation) page 255 of 567 writ petition (civil) no.494 of 2012 & c onnected matters eugdpr which was enacted by the eu in 2016 came into force on may 25, 2018 replacing the data protection directive of 1995. .....