Court : Kolkata
Reported in : (1876)ILR1Cal432
..... admission of this appeal is a power which this court is commanded by the act to exercise. and although by act vi of 1874 the governor-general of india has directed otherwise, this cannot nullify the directions contained in the imperial act, because the governor-general in council is expressly prohibited by section 22 of 24 & 25 vict., c. 67, from making any law ..... or regulation which shall repeal or in any way affect the provisions of that act or of any act passed in that session of parliament. both acts were passed in the same session of .....
Tag this Judgment!Court : Kolkata
Reported in : (1906)ILR33Cal1094
..... the decision of the lower appellate court has been challenged, substantially on two grounds, namely, first that, inasmuch as the plaintiff has not been adjudged a lunatic under act xxxv of 1858, it was not competent to her husband to prosecute the suit on her behalf; and secondly that assuming the holding to be non-transferable, the ..... if any other view were maintained, the consequences might be extremely inconvenient and there might be a failure of justice; for instance, during the pendency of the proceedings under act xxxv of 1858, the right of suit of the lunatic may become barred by limitation; or, if the lunatic is proposed to be made a defendant, the intending ..... plaintiff would bo obliged to take recourse to proceedings under the lunacy act before he could be permitted to institute his action. no intelligible reason has been assigned in support of such a procedure. in other systems of law, such a .....
Tag this Judgment!Court : Kolkata
Reported in : (1906)ILR33Cal915
..... rule which, as all true rules, is based on good sense and justice has sometimes been dealt with as a part of the doctrine of election and coming under the prohibition against the adoption of inconsistent positions. a party cannot both approbate and reprobate. he cannot say that a document is valid to enable him to take a benefit under it ..... accept it. upon the terms that they will not dispute the title of him, who gave it to them and without whose permission they would not have got it. the act of acceptance of a bill amounts to an undertaking to pay to the order of the drawer. though all are instances of estoopel by agreement the precise term of the ..... for the appellant admits that the defendant is not estopped from setting up the title of narain khela by any rule of estoppel to be found in the indian evidence act or any other statute prevailing in this country. but he argues the defendant obtained possession from punti bewah and ought therefore, when sued for ejectment by punti bewah's .....
Tag this Judgment!Court : Kolkata
Reported in : 40Ind.Cas.230
..... is by the sale of the thirty-seven properties over which alien was declared by the decree itself and it seemed to us that the course suggested was within the prohibition enacted in rule 14 read with rule 15 of order xxxv of the civil procedure code. we accordingly had the appeal argued on this point, with the result that we are confirmed ..... the case of chundra nath dey v. burroda shoondury ghose 22 c. 818 : 11 ind. dec. (n.s.) 538 which was decided under section 99 of the transfer of property act. section 99 has, of course, been repealed and rule 14 of order xxxiv which has taken its place is not couched in precisely the same terms. the difference is that .....
Tag this Judgment!Court : Kolkata
Reported in : (1919)ILR46Cal584,58Ind.Cas.641
..... by the drawees, under the circumstances of this case, would have amounted to a trading in goods destined for enemy ports and would come within the meaning of the prohibition of the proclamation, for the acceptance would in. effect have been an undertaking to pay for the goods destined to enemy ports. the drawees, therefore, were under ..... instruments and they were, in my judgment, made payable in a different place from that in which they were made and endorsed. section 135 of the negotiable instruments act, therefore, applies, and the law of england determines what constitutes dishonour and what notice of dishonour is sufficient.14. as to the alleged custom, it is to ..... , 1915. payments of the bills has not been made.13. the first point which was relied upon by the appellants was that the provisions of the negotiable instruments act, 1881, applied to this case, and that as the plaintiffs had allowed the drawees more than 24 hours, exclusive of public holidays, to consider whether they would .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1919Cal207,49Ind.Cas.923
..... to exist. the relative words such thing' have no true ' antecedent, hut the sense is not difficult. the protection is to be afforded by some appropriate order of permission or prohibition.8. in the present case the magistrate has found that the second party has the right to use the land free of the easement claimed by the first party. that ..... a door frame with doors and the right to prevent the first party from using the land as a passage. the magistrate has framed his order as an order of prohibition. it might' have been framed as an order of permission, but as it stands it is capable of being regarded as an older within the scope of the section.9 ..... case may be. ' then follows a proviso with which we are not immediately concerned.3. the point taken for the petitioners is that the section only empowers the magistrate to act, if it appears to him that such right exists. it is contended that in the present case the magistrate found that the right of easement which the petitioners claimed did .....
Tag this Judgment!Court : Kolkata
Reported in : 61Ind.Cas.210
..... , of course, on any chance expressions used by the president, but on the construction of these penal sections it seems clear that, apart from rule 4 of the rules, a prohibited act is an offence and that the summary inquiry which the president is by those sections directed to make would naturally follow criminal rather this civil forms.64. it is easy ..... the second ground and it is necessary next to consider whether it is well founded, and, if so, what result follows.63. prima facie, these are new offences. certain acts are prohibited by the legislature and a penalty by way of fine is imposed for disobedience. that comes within the wide definition of 'offense' in section 3(o) of the criminal procedure code: 'offence .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1928Cal675
..... the expression 'in any matter of appeal, from any case from the original side.' if not, then there is an express prohibition because on that view by the term of the rule vakils shall not appear, plead or act in any matter of appeal from any case from the original side. it is for this reason that i thought it necessary ..... to take his instructions from an attorney in civil cases only from the original side.31. when we come to rule 4 we find there that, instead of the prohibition against vakils appearing in appeals from the original side being expressly confined to civil cases only as had been the practice ever since the letters patent of 1862, the following ..... may be noticed that so far as appeals from applications under section 491 of the code are concerned the letters patent of 1865 was amended in 1919 so as to prohibit any letters patent appeal in a case of criminal jurisdiction, and since 1923 section 491 itself has been elastically altered. it may well be that these legislative changes make .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1931Cal211
..... in face of the express prohibition introduced in 1877 and repeated in 1882. the; change of language in section 522 may not affect the law as to what is essential to an award, which-' may ..... opinion that the legislature has deliberately restricted para. 15 in this way, leaving it to the parties to challenge, the reference, which is an order of the court and not act of the arbitrator, by appropriate proceedings. it is true that those proceedings are not specifically defined in the code, but the fact that no appeal is allowed. from the decree ..... ab initio', or that the decree was bad, because of an irregular procedure; in court, either before the award de facto was. delivered or afterwards; and the cases under that act go no further than this. but granting this, it by no means follows that it is still competent to a party to appeal on such grounds under the new codes .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1932Cal0
..... many years long before the boundary dispute and in order that the plaintiffs may be estopped from asserting their right it must be shown that they come within the prohibition of the section. it is quite true that if the plaintiffs' landlords were suing the defendants' landlord they would have to bring their suit upon the footing ..... no doubt have been absolutely clear. the defendants have not given any evidence to show that these plaintiffs were parties to that boundary proceedings under s.41, survey act. that being so, the next question is because their landlords through whom they now make title were parties, does that involve the consequence that section 62 bars their ..... in the year 1922 the landlords of the plaintiffs and the landlords of the defendants were parties to a boundary dispute which was dealt with under the bengal survey act. the objection to the plaintiffs' suit which succeeded before my learned brother was this that, in view of the fact that there had been this boundary decision .....
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