Judgment Search Results Home > Cases Phrase: civil jails act 1874 Court: kolkata Page 7 of about 728 results (0.093 seconds)

Sm. Latikabala Dasi Vs. Anil Behari Ghose

Court : Kolkata

Reported in : AIR1953Cal103

..... prafulla sundari', 19 cal w n 882, a distinction has been made between a case where the acquiescence alleged occurs while the act acquiesced in is in progress and another where the acquiescence takes place after the act has been completed; reliance is placed for the distinction on the observation of lord cottenham in -- 'duke of leeds v. ..... two cir cumstances always important in such cases are the length of the delay and the nature of the acts done during the interval, which might affect either party and cause a balance of justice or injustice in taking the one course or the other, so far as ..... chatterjee, an advocate of this court and of bhutnath kerr, a son-in-law of girish, it appears from the evidence of panna lal chatterjee that after charu had come out of the jail, he had a talk with girish regarding the letter's right in the property of the deceased. in ex. ..... in that sense, however, there is no acquiescence here, for the act was done when the present duke was a minor, and when, if he had knowledge or means of ..... matter must be governed by the probate and administration act, 1881, and not by the indian succession act, 1925, though there is no difference between the two acts on the point under consideration. ..... in construing an act which is a consolidating act and does not profess to amend or alter the provisions of the acts consolidated, prima facie, the same effect ought to be given to its provisions as was given to those of the acts for which it was ..... hurd', (1874) l r 5 pc 221 at .....

Brindaban Chandra Basak Vs. Kalipada Bandopadhyay and ors.

Court : Kolkata

Reported in : AIR1966Cal205

..... the several courts so abolished in each presidency shall become and be records and documents in the high court established in the same presidency' 'under section 10 until the crown otherwise provided under the powers of the act 'all jurisdiction then exercised by the supreme courls of calcutta, madras and bombay respectively over inhabitants of such parts of india as may not be comprised within the local limits of the letters patent to be issued ..... after an exhaustive review of the various authorities cited at the bar and the relevant provisions of the constitution the provisions of the old civil procedurecode read with government of india act, 1935 and the federal court (enlargement of jurisdiction) act, 1947, the supreme court by a majority took the view that where the suit was filed before january 26, 1950 there was a vested right of appeal which did not fall within ..... clause 21 thereof provided that 'whereas the governor general and council, or some committee thereof, or appointed thereby, do determine on appeals and references from the country, or provincial courts, in civil causes, be it further enacted, that the said court shall, and always may, hold all such pleas and appeals in the manner and with such powers as it hitherto hath held the same, ..... ) 15 mad 237 (fb) referring to the cases cited above and the privy council appeals act of 1874 collins c. j ..... appeals act was passed in the year 1874. ..... . kanhya singh (1874) 1 ind app 317 (pc), the properly in dispute in appeal was of the .....

Punjab National Bank Vs. Britannia Industries Ltd.

Court : Kolkata

Reported in : (2001)2CALLT219(HC),[2001]106CompCas293(Cal)

..... party by co-accepting a bill of exchange adds its credit to that of the drawee and represents to all holders in due course or intending holder in due course or persons dealing with such bill (intending such representation to be acted upon) that such bank or financial institution or party though not named as drawee on such bill may be treated as if it or he had been named as drawee and had accepted such bill and further undertakes an obligation ..... holder is totally illegal and cannot bind pnb, the learned counsel further submitted that the power of attorney in this case must be construed strictly and if the power of attorney is so strictly construed, the acts of abd, in this case namely carrying on negotiation on behalf of metropolitan with britannia and in allegedly co-accepting the said bill is outside the purported authority conferred on abd under the satd power of attorney ..... the said passage is at page 769 of the report and is set out below:'by the general law of merchant adopted with some modifications, ibelieve, in every civilized country, and certainly in both england andscotland, the acceptor of a bill of exchange comes under an obligationto any one who becomes the holder to pay him, and the drawer comesunder an obligation ..... the facts of that case are set out below:'in 1874, william and thomas m'kinlay commenced business as timber-merchants at strabane, ireland, under ..... james m'kinlay died in september, 1874, and his representative is the ..... bearing date the 25th of may, 1874. .....

Benaras Ice Factory Ltd. Vs. Sukhlal Amarchand Vadnagra

Court : Kolkata

Reported in : AIR1961Cal422

..... when the plaintiff realised that the suit at varanashi court was impossible to be maintained in view of the 1926-act, which precluded any other court from questioning the validity of a judgment of the high court, and when the plaintiff tendered unqualified apology, i accepted such apology ..... it is also stated in the article than final judgments or orders delivered or passed by civil courts in any part of the territory ot india would be capable of execution within that territory according to law ..... ' counsel for the plaintiff relied on this observation made in 1874 to show that when clause 12 of the letters patent within the first decade of its introduction was being interpreted, this court was hesitant to appoint a receiver in respect of property lying at bombay ..... thirdly, article 281 of the constitution states that full faith and credit would be given throughout the territory of india to public acts, records and judicial proceedings of the union and of every state. ..... a foreign court under the code of civil procedure means a court situate outside india.therefore, the courts in india are not foreign to each ..... attorney general of gibraltar, (1874) lr 5 pc 516 in support of the proposition that parties by agreement can arrange their own procedure and give jurisdiction to the court to adopt that procedure and when the parties have agreed that monies shall be realised by ..... ordinarily the person appointed to act abroad as receiver or manager must give the like security of person resident in .....

Adelaide Mande Tobias Vs. William Albert Tobias

Court : Kolkata

Reported in : AIR1968Cal133,71CWN605

..... the reason for looking into the english law, which i would have liked to avoid is that section 7 of the indian divorce act makes it necessary by expressly providing that subject to the provisions con-tained in the indian divorce act, the high court shall in all suits and proceedings here-under act and give relief on 'principles and rules' which in the opinion of the said courts are as nearly as may be conformable ..... bose's argument in full on this point that the husband's going to his flat with a woman by itself does not prove satisfactorily that he committed an act of adultery with her on the 6th january but for the fact that in spite of this allegation in the petition for divorce which was duly served upon the husband he has ..... of the nature of adultery it will be inappropriate to have or expect direct witness witnessing the act, although i know courts and judges act on the evidence of hired private detectives who with their proverbial rontgen eyes peep through the narrowest key-holes of closed bedrooms and giving vivid and detailed description of the whole panorama of the act of adultery, with a sang-froid that freezes the judicial mind to accept that class of ..... it was there decided that a suit for divorce for adultery is a civil and not a criminal matter and that the analogies and precedents of criminal law have no ..... is possible to say, at any rate since the decision of this house in (1874) 30 lt 649 that the two jurisdictions are other than distinct. ..... moncreiffe, (1874) 30 .....

Sri Ashoke Acharya Vs. Smt. Tapashi Acharya

Court : Kolkata

..... objected in this regard, as a result of which, a coconut was made to fall on the head of the respondent's father at the instance of the second brother of the husband who was later sent to jail custody for his misconduct at khatra.3) scenting danger, the father of the respondent requested the father-in-law of the respondent to send her to khatra, the place of posting of the husband, but the father-in-law turned ..... on the question of cruelty, the refusal on the part of the wife to take the child to her grandmother at the deathbed is no doubt a cruel act but such cruelty was really inflicted against the mother-in-law and in our view, such cruel act towards the mother-in-law, although is also very painful to the husband and is difficult for the husband to forgive and forget, yet, is not sufficient to grant a ..... of savitri pandey (supra), the supreme court held that desertion for the purpose of seeking divorce under the hindu marriage act means the intentional permanent forsaking and abandonment of one spouse by the other without that other's consent and without reasonable cause ..... when a wife decides to make baseless allegation against her brother-in-law and even tries to send him to jail by making joint allegation against him and her husband, her intention to severe the relationship for all time to come ..... such act also caused serious mental anguish and agony in the mind of the husband.k) since the death of the mother in the year 1989 and even prior to that since the time of pregnancy of .....

Satya Mandalini and anr. Vs. Sahadur Mondal and ors.

Court : Kolkata

Reported in : AIR1962Cal40,64CWN775

..... clear that all the aforesaid decisions, which tend to support the view of the learned additional district judge, did not put proper emphasis on the wording of the relevant statute (section 27(b) of the specific relief act) which lays stress upon payment of money by the transferee--and we are not unmindful of not ignoring the importance of this last word 'transferee' without notice and in good faith and does not go further ..... execution of the particular document and thus 'a transferee who has paid his money in good faith without notice' (vide section 27(b) of the specific relief act), or 'a transferee who has acquired the property in good faith without notice' (vide section 91 of the trusts act), or 'a transferee for consideration without notice', as mentioned in section 40(2) of the transfer of property act, and reconciles all the said statutes with the equities of the situation, as expounded in the leading case ..... point, there decided, was that a payment,--or, rather, an intended payment,--by way of adjustment,--as distinguished from a payment in cash, as is the case here,--would not be a payment of money within the meaning of section 27(b) of the specific relief act and the defence of bona fide purchase for value without notice, was mainly over-ruled on that ground. ..... chandramani dei, air 1948 pat 60, where section 47 of the indian registration act was applied to over-ride, inter alia, attachments and lis pendens, vide also mina kumari ..... chartered bank of australia, (1874) 5 p. c, 92. .....

Abdul Kader Hamdan Vs. Union of India (Uoi) and ors.

Court : Kolkata

Reported in : (1994)2CALLT392(HC)

..... the attention of the court to the fact that the order of detention was served on the detenu on 25.2.94 by shri subrata pal, preventive officer as a representative of the collector of customs (preventive) west bengal, in dum dum central jail, there was no mention in the four corners of the said application dated 4.3.94 that the grounds of detention had in fact been served on the detenu on 28.2.94. had there been a service of grounds of detention on the detenu, there ..... . on the other hand his representation before the advisory board and his confessional statement under section 108 of the customs act bear a clear admission of his complicity in securing 2393 pieces of snake skins clandestinely collected with a view to smuggling them out ..... , the court cannot examine the materials before it and find that the detaining authority should not have been satisfied on the materials before it and detained the detenu under the preventive detention act, here in the facts of the case is under cofeposa, since that would be the function of an appellate court ..... made by the detenu under section 108 of the customs act which was by way of a confessional statement recorded on 10.2.94 by the customs officers, we find that one ghazi abed, station manager, royal jordanian airline was called by the customs officials to give out a translation of the statements made by the detenu omar hamdan and the statements purportedly made under section 108 of the customs act were verbally interpreted to the detenu by the said .....

Sandersons and Morgans, Solicitors (In the Matter of Bill of Costs) Vs ...

Court : Kolkata

Reported in : AIR1955Cal319

..... while on the historical antecedents of legal recognition of private agreements with clients for fees, the ancient law as contained in section 8, legal practitioner's act (act i) of 1946 'regarding appointment and remuneration of pleaders in the courts of the east india company' was 'private agreements between parties and their pleaders respecting the remuneration to be paid for professional services shall not be enforced ..... 'in re brockman', 1909-2 ch 170 (z7), from the facts of which it appears that even after the statutory period of time under the english solicitors act had expired, the client can apply for reference to taxation and submission to pay according to the taxed costs. ..... 'private agreement' by which a legal practitioner may settle his fees for professional services and (2) section 4 of that act says 'any such legal practitioner shall be entitled to institute and maintain legal proceedings for the recovery of any fee due to him under the agreement', therefore no application by client on a summons for taxation against a legal ..... i will only content myself here by stating that all fees to be taken by an attorney on the original civil jurisdiction of this court shall under this rule be according to the first schedule thereunder. ..... this rule provides that 'the fees to be taken in all proceedings in this high court shall be those set forth in such schedules'as are appended thereto and which include in the first schedule the original civil jurisdiction. .....

West Bengal Head Masters' Association and Anr. Vs. Union of India (UOi ...

Court : Kolkata

Reported in : AIR1983Cal448,87CWN597

..... is urged on behalf of the appellants that as no regulation has been framed by the board, neither the executive committee nor the syllabus committee could be constituted in accordance with the provisions of the act, in other words, it is submitted that there is no executive committee or syllabus committee and the revised history syllabus purported to have been prepared by the executive committee is illegal and invalid.29. ..... revised history syllabus for 1982 academic session on the grounds, inter alia, that in laying down the said syllabus the board did not conform to the provisions of the west bengal secondary education act, 1963, and that the syllabus was also violative of the fundamental right under article 19(1)(a) and the fundamental duty under article 51a(b) of the constitution of india. ..... -- revolutionary movement -- gandhiji's non-violence, non-co-operation movement -- abdul gaffar khan -- deshbandhu chittaranjan -- jawaharlal nehru -- abul kalam azad -- subhash chandra bose -- gandhiji's civil disobedience movement --quit india movement -- netaji's war against the british and formation of azad hind government -- british withdrawal -- independence. ..... only 10 pages out of total 135 pages had been allotted for the indian freedom movement, as follows:'india 1919-1947: different phases of the freedom movement, non-co-operation movement, peasants' workers' participation, civil disobedience movement, 'quit india', 'azad hind' and general upsurge, transfer of power and independence. .....