Court : Kolkata
Reported in : (1895)ILR22Cal692
..... is not at all to blame, the delay being due to the courts below having dismissed the suit on erroneous and insufficient preliminary grounds without going into the merits. the amendment that i would allow cannot, therefore, be said to prejudice the defendants, except in the matter of costs, as to which the order i should make would be that ..... of mohummud zahoor ali khan v. thakooranee rutta koer 11 moo. i.a. 468 their lordships of the privy council allowed an amendment of the plaint, considering that 'a new suit would probably be met by a plea of the act of limitation,' and that 'in the circumstances of the case such a defence is inequitable.' but in the present case the ..... amendment does not involve the inclusion of any new claim or cause of action in the suit.42. in cases like this, i .....
Tag this Judgment!Court : Kolkata
Reported in : (1898)ILR25Cal594
..... that the particulars required by section 235 were incorrectly stated, the application was, by an order of the court, dated the llth january 1892, allowed to be amended. this last-mentioned order was reversed by the appellate court, and the munsif was directed to deal with the application for execution as originally made; and the execution ..... the language of the law, than that in the two cases cited for the appellants. moreover, explanation i to article 179 of schedule ii of the limitation act makes a distinction between a joint decree against several defendants and a decree in which separate reliefs are granted against different defendants, with reference to clause 4 while ..... .r. 23 cal. 217 are relied upon. it was conceded, however, and very properly conceded, that the decree-holder was entitled under section 14 of the limitation act to exclude from computation the time from the 7th july to the 21st august 1891.5. that being so, and the decree-holder being admittedly entitled to reckon time .....
Tag this Judgment!Court : Kolkata
Reported in : (1904)ILR31Cal452
..... valuation and the amount payable quarterly on account of the rate. then section 168 provides that notwithstanding anything contained in section 163 the chairman may at any time amend the assessment book in the circumstances stated. under sub-section (1) of section 170 'the assessment calculated on the valuation for the time being shown in ..... the corporation now profess to have been compelled to keep this valuation and separation of numbers in abeyance by reason of difficulties created by the calcutta municipal act in consequence of the objections filed by two other personas. no notice whatever was given to the plaintiff that any difficulty had arisen in consequence of the ..... corporation.2. an objection which was not taken in the written statement that the notice of suit served upon the corporation under section 634 of the calcutta municipal act was insufficient was, afterwards, rightly as it appears to me, withdrawn.3. the circumstances under which that suit was brought are these: on the 4th .....
Tag this Judgment!Court : Kolkata
Reported in : 1Ind.Cas.94
..... manufacturer for the entire product of his plant may not in itself be an illegal contract in restraint of trade yet if there is an attempt to suppress competition by means of contracts with independent manufacturers for their entire products so as to monopolize the market, the agreement must be taken to be void. (carter crum ..... of the law, especially as the legislature has deliberately left the provision in section 27 in its original form, though other provisions of the contract act have from time to time been amended. the inference would be almost irresistible under these circumstances, that the courts have lightly ascertained the intentions of the legislature (phelan v. johnson) 7 ..... that it was made upon a sale of the vessel by an association of persons who had previously used it to run before saugerties and wished to avoid competition. in whittaker v. houce 3 beav. 383 a contract not to practise law anywhere in england was specifically enforced. such a contract mainly tends to enforce .....
Tag this Judgment!Court : Kolkata
Reported in : 7Ind.Cas.627
..... , who cannot obtain any decree for recovery of possession under that section ; in fact the plaintiff in a suit under section 106 does not gain any advantage except an amendment of the entries in the record in so far as such entries have been prejudicial to his interest. we must hold, therefore, that a suit under section 103 is ..... has contended that the suit is essentially one for a declaratory decree, and that although the plaintiff asks for amendment of the record-of-rights, that prayer is superfluous, inasmuch as under section 107 sub-section (2) of the bengal tenancy act, it is the duty of the revenue officer to make a note in the record of the decision ..... suit is instituted has to hear and decide the dispute. the courts below have concurrently held that a suit of the description instituted under section 108 of the bengal tenancy act is in its essence a suit for a declaratory decree, in which no consequential relief is asked, and that consequently under article 17 clause (3) of the second .....
Tag this Judgment!Court : Kolkata
Reported in : 7Ind.Cas.778
..... -manifested intention of the litigant parties. if the plaintiffs desired to increase the valuation of their suit, the obvious course for them to adopt was to ask for leave to amend the plaint. this they did not do. it has been suggested, however, that they might have waited till the decree was made in their favour, because section 11 of ..... the court fees act lays down a procedure in suits for account and mesne-profits for payment of additional court-fees. in our opinion, the section upon which reliance has been placed, has no ..... taken as the value of the suit for the purpose of the jurisdiction of the court. let us now turn for a moment to section 7 of the court fees act. that section provides that in suits for money, (including suits for damages and other compensation, that is, including suits of the description now before us), the amount of fee .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1923Cal405,71Ind.Cas.1014
..... valuation. if, on such investigation, it transpires that the subject-matter of the suit has been under-valued or over-valued, the court may call upon the plaintiff to amend the valuation of the suit. if the plaintiff does not carry out the order of the court consequence described in order vii, rule 11, follows. that rule provides that ..... the court is carried out, the statement of valuation for purposes of jurisdiction court-fees or both, is amended and the amended valuation thereupon becomes the valuation of the suit. we are of opinion that when section 21 of the bengal civil courts act refers to the value of the original suit, the reference is to the valuation as made by the ..... plaintiff subject to such amendment as may have been made under the orders of the trial court: nilmony singh v. jagabandhu roy 23 .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1924Cal405,80Ind.Cas.317
..... computation of court-fees and the value for the purpose of jurisdiction shall be the same.'11. by the court pees act of 1870, section 4, court-fees are payable as indicated by the schedule to that act. by the bengal fees amendment act of 1922, section 5, court-fees are payable according to the amount or value appearing in the plaint. [see ..... also on this subject court fees act of 1870, sections 5 and 7, sub-sections (1) and (4), and section 17 of ..... the presidency small cause courts act, section 18, expl. i. and also sections 20 and 21 .....
Tag this Judgment!Court : Kolkata
Reported in : (1924)ILR51Cal62
..... of the court-fees and the value for the purpose of jurisdiction shall be the same.'12. by the court fees act of 1870, section 4, court-fees are payable as indicated by the schedule to that act. by the bengal fees amendment act of 1922, section 5, court-fees are payable according to the amount or value appearing in the plaint. [see ..... also on this subject court fees act of 1870, sections 5 and 7, sub-sections (1) and (4), and section 17 of ..... the presidency small cause. courts act, section 18, explanation i, and also sections 20, 21 and .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1925Cal67,83Ind.Cas.110
..... himself did not institute any suit.33. the suit was instituted by the defendants nos. 6 to 9 for reversal of the first and subsequently by way of amendment they prayed for setting aside the second sale. the plaintiff was interested in upholding the first sale because he has purchased the property at the first sale. though ..... decisions of the judicial committee is this: that subject to the exemptions, exclusion, mode of computation and the excusing of delay, etc., which are provided in the limitation act, the language of the third column of the first schedule should be so interpreted as to carry out the true intention of the legislature, that is to say, by ..... of the mortgagor and the mortgagee for a certain period, and it was contended that limitation was suspended for that period, their lordships observed: 'there is nothing in act xv of 1877 which would justify this board in holding that once that period of limitation has begun to run in this case it could be suspended. their lordships .....
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