Judgment Search Results Home > Cases Phrase: dehra dun act 1871 Page 6 of about 279,461 results (0.312 seconds)

Thandavan and anr. Vs. Valliamma and ors.

Court : Chennai

Reported in : (1892)ILR15Mad336

..... kind then in question embodied one single transaction or might properly be said to contain more. the same view has been taken by this court after the registration act of 1871 came into force--see stri seshathri ayyengar v. sankara ayen 7 m.h.c.r. 296 jagapypa v. latchappa i.l.r. 5 mad. 119. achoo ..... registration as evidence in support of the claim for the moveables, which alone are sought to be recovered in this suit.12. section 49 of the present registration act renders an unregistered document inadmissible as evidence of any transaction affecting immoveable property, which is the kind of property expressly mentioned in the preceding clause and referred to ..... the document or use it in evidence in respect of any part of the transaction in question. i think this contention is unsustainable. section 49 of the registration act lays down that no document required to be registered by section 17 shall, unless duly registered, 'affect any immoveable property comprised therein,' or 'be received as .....

Mallavarapu Narasamma and ors. Vs. Boggavarapu Bulli Veerraju

Court : Chennai

Reported in : AIR1935Mad769; 160Ind.Cas.768

..... or in the plaintiff's pleading, to 'value received' or to payment of consideration : see hatch v. trayes (1840) 11 a & e 702, foster v. dawar (1871) 6 ex. 839. in later cases, this idea came to be embodied in the rule that a bill or note prima facie imports consideration or value : southal v. rigg ..... such considerations can justify the court in refusing to draw the presumption they must equally operate to help to rebut the presumption drawn under section 118, negotiable instruments act.17. it is well established in england that in cases where the court examines a transaction in the light of the foregoing principles, the creditor is only ..... chettiar 1916 nad, 278 and sami sah v. parthasarathy chetty 1916 mad. 862, practically ignores the marked difference in language between that section and section 114, evidence act, and illustration (c) thereto. whatever comment may be made upon the way in which the learned judges have expressed themselves in these cases, the principle underlying these .....

Bajendro Lall Gossami Vs. Shama Churn Lahori and ors.

Court : Kolkata

Reported in : (1880)ILR5Cal188

..... , upon the ground that the subordinate judge had no jurisdiction to try the suit. that appears to be undoubtedly a mistake, because by section 19 of act vi of 1871, the jurisdiction of a subordinate judge extends, subject to the provisions in section 6 of the code of civil procedure, to all original suits cognizable by ..... land, every particle of which belonged to all its owners'. in that way the subordinate judge clearly expressed his opinion that the erection of the nowbutkhana was an act of exclusive possession which the defendants were not justified in committing.12. the judgment under appeal contains several other inaccuracies, one of which is this. the learned ..... found (and its judgment was then in full effect and vigor) that 'the excavation of the land and the erection of the nowbutkhana by the defendants were acts of exclusive possession which the joint magistrate confirmed. i am bound to say that the defendants were not justified in taking exclusive possession of a specific share .....

Wire Machinery Manufacturing Corporation Ltd. and ors. Vs. State and a ...

Court : Kolkata

Reported in : [1979]49CompCas197(Cal),1978CriLJ839

..... butler and fitzgibbon [1932] 2 kb 108 (kb), wherein it was held that the withholding of any money referred to in section 12 of the trade unions act, 1871, was a continuing offence because every day the money was wilfully withheld, an offence within the meaning of section 12 was committed. mr. das also submitted that the ..... 3 of the indian metalliferous mines regulation, 1926. the question is also whether the offence in question was covered by the substantive part of section 79 of the mines act or by the explanation thereto. if the substantive part applied, the complaint would be time barred, but if the offence was a continuing offence the explanation to the ..... be a continuing offence.9. mr. birendra nath mitra, the learned public prosecutor, opposes these rules. according to him, an offence committed under the provisions of the act and the scheme is a continuing offence and, as such, section 472 of the codeis attracted and a fresh period of limitation shall begin to run throughout the period .....

Shivappa Vs. Keriyamma

Court : Karnataka

Reported in : ILR1996KAR263; 1995(5)KarLJ415

..... daughter of balindrappa and that the first defendant is the validly adopted son of balindrappa. in view of the provisions of hindu succession act, it held that the respective shares of the parties would be 1/3 each and accordingly allowed the appeal declaring that the ..... first appellate court should not have decreed the suit: i think there is no substance in this contention. section 132 of the act does not provide for dismissal of the suit but provides only for rejection of the plaint or for return of the plaint. this ..... when the plaint was filed, certified copy of the record of rights should have been filed and section 132 of the karnataka land revenue act provides that if certified copy of the record of rights is not filed the plaint shall be rejected. therefore, when it has not ..... injury to any suit/or has been laid down by cairns, l.c. in rodger v. compitoir d escompte de paris., 1871 (3) pc 465. this decision has been followed by hon'ble supreme court in many cases including the one in jagat .....

Texmaco Ltd. Vs. Arun Kumar Sharma and Another

Court : Delhi

Reported in : [1991]70CompCas287(Delhi); 42(1990)DLT115

..... with a view to delay the matter. it has been urged that, in iew of the law laid down in karamchand ganga pershad v. union of india, air 1871 sc 1244, that decisions of the civil courts are binding on criminal courts, the criminal proceedings be staryed. i have gone through this judgment and find that no ..... back, the retained possession would amount to wrongful withholding of the property of the company's property give rise to criminal liability under section 630 of the companies act. it is urged that the respondents and others were employees of the company and had been given residential accommodation on account of their being employees and thus the ..... finally decided by the civil court 6. learned counsel fro the petitioner has vehemently argued that the salutary provisions introduced in section 630 of the indian companies act would become useless if the proceedings on the criminal complaint are stayed and the company is deprived of the summary relief of getting possession of its property from .....

Sital Chandra Kolley and anr. Vs. Heirs of Mihilal Kolley and ors.

Court : Kolkata

Reported in : AIR1955Cal21,58CWN1000

..... to be the true effect of the privy council decision -- 'veera-swami v. narayya', 0043/1948 read in the light of the two english cases -- 'morgan v. griffith', (1871) 6 ex 70 (b) and -- 'erskine v. adeane', (1873) 8 ch a 756 (c) and the two decisions of this country -- 'harkisandas bhaga-wandas v. bai ..... transfers as well including statutory transfers unless excluded either expressly or by necessary implication. the same result also follows from a consideration of section 91, trusts act. the agreement for resale creates some sort of a fiduciary relationship between the parties, to the benefit of which the original transferor will be entitled, so ..... air1953cal565 ), where the learned chief justice, sitting with sinha j., reaffirmed his earlier' view (53 cal wn 678 (f) ) that, for purposes of section 26f, bengal tenancy act, the existence of a contemporaneous agreement for re-sale, -- or even of a reconveyance in pursuance of such agreement (vide : air1953cal565 ) -- would not be relevant.24. .....

Ranjan Singh Vs. State of Orissa

Court : Orissa

..... to bear in mind the caution interdicted by the hon ble supreme court in the case of thimma vs. the state of mysore, a.i.r. 1971 s.c. 1871. in the aforesaid case, hon ble supreme court, in paragraph-10 of the judgment, has held thus : .it appears to us that when p.w.4 was ..... criminality which the proved information is capable of placing on the accused. the deficiency, if any, will have to be supplied by other items of admissible evidence. the information acting as the cause . and the discovery of fact . operating as the immediate and proximate effect . of the information, when put together could only lead to the legitimate inference ..... persons allegedly at the instance of ranjan singh, there is no other evidence to sustain the charge and the evidence so adduced purportedly under section 27 of the evidence act suffers from infirmities beyond repair. learned addl. standing counsel on the other hand taking us through paragraph-32 of the impugned judgment, submits that besides the recovery .....

State of Orissa Vs. Ranjan Singh

Court : Orissa

..... to bear in mind the caution interdicted by the hon ble supreme court in the case of thimma vs. the state of mysore, a.i.r. 1971 s.c. 1871. in the aforesaid case, hon ble supreme court, in paragraph-10 of the judgment, has held thus : .it appears to us that when p.w.4 was ..... criminality which the proved information is capable of placing on the accused. the deficiency, if any, will have to be supplied by other items of admissible evidence. the information acting as the cause . and the discovery of fact . operating as the immediate and proximate effect . of the information, when put together could only lead to the legitimate inference ..... persons allegedly at the instance of ranjan singh, there is no other evidence to sustain the charge and the evidence so adduced purportedly under section 27 of the evidence act suffers from infirmities beyond repair. learned addl. standing counsel on the other hand taking us through paragraph-32 of the impugned judgment, submits that besides the recovery .....

Lmj International Limited Vs. Swiss Singapore Overseas Enterprises Pte ...

Court : Kolkata

..... than letting it come to a grinding halt. another equally important principle recognized in almost all jurisdictions is the least intervention by the courts. under the indian arbitration act, 1996, section 5 specifically lays down that: 5. extent of judicial intervention. notwithstanding anything contained in any other law for the time being in force, in ..... cal lt83sc) on this proposition was expressly followed. it was held: the judgment cited at the bar would show that section 5 of the arbitration & conciliation act is a general principle which would be applicable to all arbitration proceedings irrespective of fact whether it is a domestic arbitration or an international arbitration. the same proposition ..... is with some intention and/or motive. in this connection, reliance is placed on the following decisions:i) in r.v.price reported at (1871) lr6qb411it was held by cockburn cj that i think that when the legislature, in legislating in pari materia and substituting certain provision in that .....