Court : Kolkata
Reported in : (1885)ILR12Cal375
..... the learned government pleader that the applicant ought to have recourse to a regular suit for the declaration of his right, for, if the judge had authority to deal with the case under the probate act, he would equally have the power to deal with such questions as might arise as to the relative rights of the several claimants before him for administration, either as heirs of ranee annapurna, or ..... baboo annoda prosad banerjee's main contentions were that the application of jagannath did not properly fall within the scope of the probate and administration act, and that therefore the district judge had no jurisdiction to deal with the matter and grant letters of administration; and the applicant's proper course was to bring a regular ..... until the decision of a regular suit, which might take a considerable time, and in the second place the court fees act, section 19c (chapter iiia) provides that 'if a probate or letters of administration has been granted in respect of an estate or part of an estate, and the fee chargeable under the act has once been paid, no fee shall be chargeable when a like grant is made in respect of the same estate.'14. ..... dies, leaving property of which he was the sole or surviving trustee, or in which he had no beneficial interest on his own account, and leaves no general representative, or one who is unable or unwilling to act as such, letters of administration, limited to such property, may be granted to the beneficiary, or to some other person on his behalf.11. .....
Tag this Judgment!Court : Kolkata
Reported in : (1887)ILR14Cal50
..... the other ground is, that as one of the decree-holders was a minor, till within three years from the date of the present application, his remedy is not barred, under section 7 of the limitation act, and as regards the other decree-holder, his remedy is equally not barred under section 8, because he could not give a valid discharge without the concurrence of the other decree-holder, during the minority of the ..... the lower court is in error in thinking that under section 8 of the limitation act, the remedy of the decree-holder, who was of age at the date of the decree, is not barred ; because the last part of that section, upon which the lower court evidently relies, applies to a case of all ..... but we desire to guard ourselves from being understood to say that the remedy barred under a repealed limitation act would be revived under the repealing act, even if there be no express provision to that effect. ..... but the provisions of article 178 of the second schedule of the limitation act were not considered by the learned judges. ..... his remedy is not therefore barred under section 7 of the limitation act. ..... the lower court treated the present application as one for execution of a decree under article 179 of the second schedule of the limitation act. .....
Tag this Judgment!Court : Kolkata
Reported in : (1893)ILR21Cal38
..... this reference has arisen are as follows:on the 14th january 1887, the lieutenant-governor issued the following notification: under the powers conferred upon him by section 101 of the bengal tenancy act, viii of 1885, the lieutenant-governor is pleased to order that a survey shall be made and a record-of-rights prepared in respect of all lands included within the boundaries of the ..... preparation of a rent-roll of a permanently settled estate which more than 20 years before the proceedings taken had become the property of government by purchase, that is to say, an officer acting under the instructions of the chief revenue authority in bengal issued with the approval of the government, itself the proprietor of the estate, investigating and determining the relations between persons whom the government ..... to the cases now before us; for in that case in which a bench of this court had to decide whether the matter raised was not res judicata, the court, acting under chapter x of the bengal tenancy act, found that the occupiers of land belonging to the particular estate had been put into possession as tenants by a previous zemindar and had set up titles purporting to have been ..... that the land occupied within the area under inquiry is land which has not been held by the occupier as a tenant within the definition in section 3 of the act, that is, that the occupier is a person who has occupied the land without paying rent, and not under a special contract with the landlord, which absolves him .....
Tag this Judgment!Court : Kolkata
Reported in : (1900)ILR27Cal1023
..... reasonable cause,' they use them as meaning something ejusdem generis with the cases of professional misconduct or unprofessional conduct, as specifically enumerated therein--or is it intended to apply to any improper act, be it either professional or other wise, and occurring before or after the enrollment of a person as a pleader or mukhtar.9. ..... this is a reference by the sessions judge of bhagalpore under section 14 of the legal practitioners' act (xviii of 1879 as amended by act xi of 1896), recommending that a certain mukhtar, purna chunder pal, who had been practising as a ..... whether the words of section 13, clause (f) of the legal practitioners' act are used as meaning something ejusdem generis with the ease of professional misconduct or unprofessional conduct as specifically enumerated in the section, or are they intended to apply to any improper act, be it either professional or otherwise, and occurring before or after ..... mukhtar, named purna chunder pal, under section 14 of the legal practitioners' act, 1879, as amended by act xi of 1896, and the learned judges have differed, not only as to the applicability of the act under the circumstances of the case, but also as to the punishment which, if it be taken that the act is applicable, ought to be inflicted upon the mukhtar, mr. ..... to his passing the mukhtarship examination comes within the scope of section 13 of the legal practitioners' act, suspension from practice for a year would perhaps meet the requirements of the case.17. .....
Tag this Judgment!Court : Kolkata
Reported in : (1909)ILR36Cal433
..... can the failure on his part to record his reasons, which was due to exceptional conditions, stress of circumstances and the emergent necessity for prompt action, be held so to nullify his act as to convert what was right and justifiable for the preservation of the public peace into an actionable wrong to hold that it would have that effect appears hardly to be consistent with ..... out that the learned judge has found that the circumstances were such as to justify the defendant as district magistrate in making the search for arms, and that he acted throughout with perfect bond fides and the learned counsel contends that the mere omission on the part of the defendant to record his reasons for directing the search, ..... him by law and particularly by all or some one or more of sections 94, 96, 105 and 165 of the criminal procedure code or (2) in the alternative that he was acting tinder the powers conferred upon him by section 25 of the indian arms act, or (3) in the alternative that he was acting in discharge of a judicial duty and within the limits of his jurisdiction and that he at the time believed himself to have (as he submits he had in fact) jurisdiction ..... dealing with the case of a search for arms, and laying down what are the conditions precedent to making such a search, and there are general provisions in another act of the legislature dealing with searches generally, and in point of fact the search is one made for arms, it ought, in the absence of evidence, to show that .....
Tag this Judgment!Court : Kolkata
Reported in : 1Ind.Cas.388
..... to me, however, that the suit falls under clause (35)(j) of the second schedule to the provincial small cause courts act of 1887, as being a suit for compensation for illegal distress' and so excepted from the cognizance of a ..... by this order the then commissioners vacated their offices as such by virtue of clause (a) of section 66 of the act; and, by a further order passed under clause (b) of the same section, the sub-divisional officer of ranaghat was appointed as the person by whom 'all the powers and duties of the ..... paragraph 8 of a resolution, dated the 29th august 1903, and issued under section 65 of the act, the local government suspended the commissioners from office for a period of one year, to expire on ..... it follows from this conclusion that some of the powers conferred by the act, must remain in abeyance during a supersession, and it is urged that ..... the only saving clause in the act, to which an appeal might be made, is that contained in the second proviso to section 13, where it is laid down that no act of the commissioners or of their officers shall be deemed to be invalid by reason only that the number of the commissioners did not, at the time of the performance of such act, amount to the number specified in the notification '; but it is obvious that that has no application to ..... it appears in the second schedule to the bengal municipal act of 1884 as being a municipality in which the appointment of the chairman rests with the local government and that of two-thirds of .....
Tag this Judgment!Court : Kolkata
Reported in : (1910)ILR37Cal128
..... 21, which is to the following effect:the right of one may consistently arise from the act of another: for an express passage of law is authority for it; and that is actually seen in the world, since, in the case of donation, the donee's right to the thing arises from the act of the giver, namely, from his relinquishment in favour of the donee who is a sentient person ..... this passage in the dayabhaga is used to illustrate the proposition that the 'right of one may consistently arise from the act of another,' and it is there pointed out in proof of this that in the case of donation the donee's right to the thing arises from the act of the giver; namely, from his relinquishment in favour of the donee who is a sentient person.15. ..... ram lal maitra or any of the grandsons of my father-in-law dies, his heirs shall be appointed in his place, in order of seniority and act according to the provisions made in para, (ka) and hold the estate as trustees. ..... sreekrishna comments on the passage as follows:as ownership does not arise from every act of abandonment like the offering of a bull, etc. ..... this is translated by colebrooke as follows: 'that is actually seen in the world, since, in the case of donation, the donee's right to the thing arises from the act of the giver, viz. ..... rigveda, 3, 3, 19, '6: 'in thy house is an auspicious wife [sachi]; they are praised also with acts of human beings. ..... , that the act of the giver is the cause of property, than to its application to particular objects of .....
Tag this Judgment!Court : Kolkata
Reported in : 3Ind.Cas.642
..... 21 which is to the following effect:* * *the right of one may consistently arise from the act of another, for an express passage of law is authority for it: and that is actually seen in the world, since in the case of donation, the donee's right to the' thing arises from the act of the giver, namely from his relinquishment in favour of the donee who is a sentient person. ..... this passage in the dayabhaga is used to illustrate the proposition that 'the right of one may consistently arise from the act of another' and it is there pointed out in proof of this that in the case of donation the donee's right to the thing arises from the act of the giver; namely from his, relinquishment in favour of the donee who is a sentient person.13. ..... if the said ram lal maitra or any of the grandsons of my father-in-law dies, his heirs shall be appointed in his place, in order of seniority, and act according to the provisions made in paragraph (ka) and hold the estate as trustees. ..... sreekrishna comments on the passage as follows:* * *as ownership does not arise from every act of abandonment like the offering of a bull, etc. ..... 25).this is translated by colebrooke' as follows: that is actually seen in the world since in the case of donation, the donee's right to the thing arises from the act of the giver, viz. ..... thy house is an auspicious wife(sachi) '(they are praised) also with acts of human beings. ..... , that the act of the giver is the cause of property, than to its application to particular objects of .....
Tag this Judgment!Court : Kolkata
Reported in : 5Ind.Cas.383
..... these cases are relied upon to show that the dispossession of the plaintiff was made by the defendants-appellants acting under a settlement which they had obtained from either the plaintiff landlord, tilok dass or his heirs. ..... may have set up the defendants as tenants after they failed to recover the lands from the possession of the plaintiff, but it does not follow, he continues that the period of limitation prescribed in the bengal tenancy act -would apply. ..... (corresponding with 1901) and the suit was not brought until the close of 1905, and it is contended that the special law of limitation of two years enacted by article 8 of the second schedule to the bengal tenancy act, is applicable. .....
Tag this Judgment!Court : Kolkata
Reported in : 9Ind.Cas.698a
..... lot, unless they are at such a distance that there is no moral certainty of communication to persons on or interested in the one, of what is publicly done on the other since these decisions, however, the section has been amended by section 21 of act vii of 1888, by which the words on the spot where the property is attached,' were repealed, besides, as pointed out in the case of jagernath sahai v. .....
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