Court : Chennai
Reported in : AIR1948Mad51
..... been doubted that a defence of limitation which would have been available in an action will be equally available in proceedings of that nature. recently in hansraj gupta v. dehra dun mussoorie electric tramway co., ltd. a.i.r. 1983 p.c. 63 the privy council has laid down that this defence of limitation is open to a party ..... of two years from the date of the misapplication or misfeasance. it appears to us that there is good reason why directors, managers and officers of companies registered under act 6 [vi] of 1882 should not be permitted to plead limitation so as to absolve thorn from making restitution of moneys misapplied or lost to the company through ..... . it is said that if a suit had been filed, the limitation applicable to these alleged misfeasances would have been that provided in article 86, schedule 1, limitation act, and that inasmuch as the business was admittedly discontinued in 1941, the reliefs asked would accordingly have been barred. it is urged that as a suit would have been .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1950All342
..... with which, except as otherwise expressly provided, we are not directly concerned.' 9. this high court has also taken the same view : (vide sandal singh v. district magistrate, dehra dun : air1934all148 . but the jurisdiction exercisable by the high court under section 491, criminal p. c. in such cases is strictly limited. in the case of harish chander v ..... the government as contemplated by section 197, criminal p. c., was necessary. it was held that a public servant charged with bribery could not justify his act, as an act done by him by virtue of the office that he held and that no such sanction was necessary.15. in the case of suraj prakash v. emperor ..... virtue of this stand-still agreement. thereafter instruments of accession were entered into between the indian dominion and various indian states under section 6, government of india act, 1935. the contention of shri kanhaiya lal misra on behalf of the crown is that these instruments of accession are to be regarded as the 'new agreements .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1932All58; 136Ind.Cas.373
sulaiman, j.1. this is a reference by the district magistrate of dehra dun recommending that proceedings may be ordered against the sureties for the accused. he was proceeded against under section 109, criminal p.c. two persons stood sureties for him for his ..... though there was some delay.2. so far as this last matter is concerned, we agree with the district magistrate that if the bond was forfeited on account of any act of the accused person within the period for which the sureties had bound themselves, they would be liable whether the proceedings were started against them before or after the expiry .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1919All158; 50Ind.Cas.992
henry richards, c.j.1. this is a reference by the learned sessions judge of dehra dun re-commending under section 438 of the code of criminal procedure that the conviction and sentence passed against gurdin should be set aside. it appears that some shrubs in the ..... to the head mali and the head mali was the accused gurdin. it is proved that this verbal order was communicated to gurdin who disobeyed or disregarded the order, probably acting under instructions from the owner of the compound. thereupon a charge was made against gurdin under section 288 of the cantonment code for not having complied with the order to .....
Tag this Judgment!Court : Allahabad
Reported in : 13Ind.Cas.185
1. this was a suit by the appellant for partition of a house and its appurtenances in dehra dun. the appellant paid a court-fee stamp of rs. 10 on his plaint under the court fees act, schedule ii, article 17(vi). the respondents pleaded that the court-fee paid was insufficient. they contended that it should be caloulated on the value of the .....
Tag this Judgment!Court : Allahabad
Reported in : 1Ind.Cas.220
aikman, j.1. this is an application for the revision of an order of the district magistrate of dehra dun, directing the prosecution of the applicant for offences under sections 193, 465 and 471 of the indian penal code. the offences are alleged to have been committed by the applicant as plaintiff in a suit for profits brought under the provisions of the tenancy act in the court of an assistant collector of the first class. in my opinion the order of the district magistrate was entirely without jurisdiction and cannot be justified either under section 195 or 476 of the code of criminal procedure. i quash the order of the district magistrate dated the 2nd of november 1908. any proceeding instituted against the applicant under that order must be dropped.
Tag this Judgment!Court : Allahabad
Reported in : (1912)ILR34All184
karamat husain and chamier, jj.1. this was a suit by the appellant for partition of a house and its appurtenances in dehra dun. the appellant paid a court fee stamp of rs. 10 on his plaint under the court fees act, schedule ii, article 17(vi). the respondents pleaded that the court fee paid was insufficient. they contended that it should be calculated .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1934All107
..... orderkendall, j.1. this is an application for the revision of an order of the judge of the small cause court of dehra dun under section 25, provincial small cause courts act. the circumstances, out of which it has arisen, which are not referred to in the order itself, must be detailed here. the plaintiff-applicant had filed a suit for a ..... 25, provincial small cause courts act, the high court may call for a case for the purpose of satisfying itself that a decree or order made in any case has been decided by a court according ..... client but the power of attorney gives the counsel full power to compromise or withdraw the suit, and there can be no doubt that his act in accepting rs. 10 would bind his client, if indeed that act constitutes a waiver.3. it is not however necessary for me to decide the present application on the basis of these rulings. 'under section .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1940All209
..... orderrachhpal singh, j. 1. the plaintiff firm mansa ram and sons instituted a suit against hira lal sanon and daulat ram sanon in the court of small causes at dehra dun to recover a sum of rs. 931-8-0. the plaintiff firm carry on business as bankers, and it was alleged by them that according to the account between ..... in these circumstances i am clearly of opinion that the account between the parties is open, current and mutual and therefore the case is governed by article 85, limitation act, and was within limitation.7. the plaintiff had made an attempt in the court below to prove that there had been an acknowledgment of liability because of a certain ..... in revision to this court. the plaintiff pleaded that the account between the parties was open, mutual and current and therefore the suit was governed by article 85, lim. act. the defendants denied that the account between them and the plaintiff was open, mutual and current. the learned judge of the court below held that if it be found .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1941All152
..... are governed by article 120 which provides for suits for which no period of limitation is provided elsewhere in the schedule to the limitation act. the learned judge was therefore wrong in applying the three years' rule of limitation and dismissing the suits as time-barred. this view ..... particular statute. the suits to which the three years' rule of limitation is applicable are set out in articles 37 to 115, limitation act. the suits in question obviously do not fall within the purview of any one of these articles. it is thus clear that they ..... of the law of limitation taken by the learned small cause court judge is correct. having considered the relevant provisions of the limitation act, i am clearly of the opinion that the learned small cause court judge was wrong in holding that the three years rule of ..... ordermulla, j.1. these are two applications in revision by the district board, dehra dun, which raise the same question of law for consideration. in each case the district board brought a .....
Tag this Judgment!