Judgment Search Results Home > Cases Phrase: dehra dun act 1871 Sorted by: old Page 4 of about 280,202 results (0.370 seconds)

Brojendra Kishore Roy Chaudhuri Vs. Mohim Chandra Bhattacharji and ors ...

Court : Kolkata

Reported in : AIR1927Cal1

..... that has been laid down by this court in the case of woomesh ch. chatterji v. chundee churn roy choudhuri [1871] 7 cal. 293. the learned chief justice said at page 295:the 167th section of the evidence act provides. that the improper admission of evidence shall not be ground of itself for a new trial, if it shall appear ..... and determining, as a question of fact whether it is sufficient of itself to warrant the lower court's finding.6. my learned brother mr. justice cuming did not act on that principle. the evidence was not examined by the division bench, but the learned judge apparently relied upon the further observation of the learned chief justice at page 296 ..... by the learned advocate that the learned munsif in an. earlier part of his judgment bad proceeded in accordance with the provisions of section 7 of the bengal tenancy act, which is a section in the chapter which relates to tenure-holders. he further drew our attention to the entry in the record-of-rights, which being translated is .....

Kharshetji Ratanji Bomanji Vs. Kekobad S. Khambatta

Court : Mumbai

Reported in : AIR1928Bom194; (1928)30BOMLR473

..... be destroyed and not the materials of which the will is 'composed. the learned judge deciding the case of in the goods of john woodward i.l.r. (1871) l.r. 206 lays down that merely tearing out part at the commencement does not revoke the rest of the will. all that the testatrix has done in ..... meaning of the section. mr. justice woodroffe and mr. justice mookerjee concurred with the finding of the chief justice. and mr. justice mookerjee says (p. 310) :-what acts of tearing, burning, cancelling or obliterating are sufficient to constitute a total or partial revocation, must depend, to a considerable extent upon the circumstances of each case.12. the ..... same? mr. vachha, the learned counsel for the petitioners, states that to bring the words 'otherwise destroyed' within the purview of the authorities there must be an act of destruction, symbolical destruction not being sufficient, and that the court was bound to look at the state and condition of the instrument and see whether anything appeared .....

Ajodhya Prasad Vs. Rikhnath

Court : Allahabad

Reported in : AIR1928All305

..... and carefully explained how the words therein cannot be said to offend against the provisions of section 25, paper currency act (10 of 1923) which replaced previous similar acts which dated back from 1871 down. what section 25, paper currency act, prohibits is this:no person in british india shall draw, accept make or issue any bill of exchange, hundi, ..... thereof without endorsement to the payment of any sum of money on demand... shall be deemed to be notes within the meaning of the english bank charter act. the indian paper currency act has not been so explained, but the same interpretation should be given to its words. the real test, therefore, is whether the promissory note in ..... the words 'payable to bearer' had not existed, a note payable to a person or his order would not have offended against the provisions of the indian paper currency act. the judgment of farran, j., in jetha parkha v. ram chandra vithoba [1892] 16 bom. 689 is a valuable contribution to the law on the subject. here .....

Lakhmi Chand and ors. Vs. Madho Rao and ors.

Court : Allahabad

Reported in : AIR1930All681

..... res judicata; but as regards the muafi the suit of the plaintiff was not barred by res judicata because a certificate was required from the collector under the pensions act (act 23 of 1871), and that certificate not having been granted, the decree in suit 18 of 1914 was void.3. in first appeal in this court the following points were argued. firstly ..... our opinion the civil courts in 1914 and 1916 had no jurisdiction to try the suits in question, because their cognizance was expressly barred by sections 4 and 6, act 23 of 1871. accordingly, as those courts were without jurisdiction, their decrees are invalid altogether, so so far as the assigned revenue in mauza rohta is concerned, and those decrees cannot be .....

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 .....

Mt. Jaffo Vs. Chitta and ors.

Court : Allahabad

Reported in : AIR1936All443; 163Ind.Cas.650

..... of the custom set up by him and that evidence it is our duty to consider.14. now the bengal, north-western provinces, and assam civil courts act of 1871 is called: ' an act to consolidate and amend the law relating to civil courts'. and the preamble states:whereas it is expedient to consolidate and amend the law relating to civil ..... fails to establish his privilege to the application of that law he must be relegated to that class of person whose cases have to be decided under section 24, act 6 of 1871. in that case the finding of the court below was that 'the parties have failed to prove that they are either true muslims or hindus.' the bench ..... , by the laws and usages of the defendant.' in this usages also came in. in the bengal civil courts act (6 of 1871) section 24 also provided:where in any suit or proceedings it is necessary for any court under this act to decide any question regarding, succession, inheritance marriage or caste or any religious usage or institution, the mahomedan law .....

Gogineni Ankayya Vs. Official Receiver, Masulipatam and ors.

Court : Chennai

Reported in : AIR1937Mad589

..... , the receiver cannot take action under order 21, rule 89, civil p.c. he relied on both order 11, rule 1, civil p.c., and section 20, provincial insolvency act. the argument of mr. govindarajachari is that order 40, rule 1(d) comes into operation only when the property has been committed to the possession of the receiver under order ..... power of appointment he was ordered to exercise all the powers of an owner under order 40, rule 1 (d), civil p.c., and he was also expressly empowered to act under order 21, rule 89, civil p.c., to set aside the sale of the said immoveable property after raising the necessary funds. therefore his appointment as interim receiver ..... of court and not an agent of the party. but this statement is not strictly accurate because for certain purposes he does act as the agent of the real owner. as observed by phear, j. in wilkinson v. gangadhar sircar (1871) 6 b lr 486 :whatever the receiver rightly does, with regard to the property he does it simply as the agent .....

District Board Vs. Rai Bahadur Chandra Ketu Narayan Singh

Court : Kolkata

Reported in : AIR1937Cal625,175Ind.Cas.929

..... by virtue of that fact alone without more. the learned advocate for the respondent tried to repel the case of a trust by reference to s.4, trusts act, 1882 (act 2 of 1882), which provides that a trust may be created for any lawful purpose. as to what is a lawful or unlawful purpose is defined in the ..... equity, even if he could not do so at common law. any deduction to the contrary from certain observations of lord hatherley in touche v. metropolitan railway warehousing co. (1871) 6 ch a 671, expressed in general terms as they were, would, it is respectfully submitted, be wholly unjustifiable.15. the applicability of the rule in tweddle v. atkinson ..... s money will not be realized in the long run, i shall pay it up on any action you like to take against me afterwards'. further proceedings under the act were accordingly taken against defendant 2, but without any result. the district board then sought to execute the certificate again against defendant 1, presumably on the principle embodied in .....

Secretary of State Vs. Midnapore Zamindary Co., Ltd. and Others

Court : Privy Council

..... the ground on which the appellant has sought to distinguish this case. in the present instance the zamindars as already mentioned have had the advantage of the deduction made in 1871 from the revenue of estate no. 523 of rs. 4,034 in respect of the 28,087 bighas of land which had, as the phrase goes, "been washed ..... upon the first, the learned judges (mukerji and mitter jj.) being of opinion that in view of the abatement of revenue granted in 1871 the suit lands were "added" lands within s. 6 of the act of 1847. in the six appeals which their lordships are first considering, the secretary of state in council maintains the right of the ..... settlement rent roll. the lands in suit having re-appeared above water were treated as land ''added to [an] estate paying revenue directly to government" within s. 6, act 9 of 1847. the settlement officer after some hesitation by order dated 18th march 1919, proceeded to fix for these lands rents according to their value, disregarding the contractual .....

Midnapore Zamindary Co. Ltd. Vs. Chandra Singha Dudhuria and ors.

Court : Kolkata

Reported in : AIR1939Cal1

..... ganges in 1867-68. there was a diara survey. the proprietors of the estate received abatement of revenue under section 5, bengal alluvion and diluvion act, (act 9 of 1847) in the year 1871. the putnidars received no abatement. they claimed none. the lands comprised in the tenure in respect of which rent has been claimed in these two ..... suits were formed in the year 1914. proceedings under chapter 10, ben. ten. act of 1885, were begun for settlement of land revenue. draft record of eights ..... on the basis of this rent. the defendants appealed to the board of revenue against the assessment made by the revenue officer under section 104-g, ben. ten. act, on the ground that these alluvial lands were reformations in situ of the permanently settled lands included in their putni and. were therefore not liable to pay any .....