Court : Mumbai
Reported in : (1906)8BOMLR19
..... revision under our general jurisdiction from a decision of a mamlatdar who is said to have committed a material error in procedure in that he disregarded provisions of section 11 of the indian oaths act 1873.2. the principal question at issue in the suit was what he the plaintiff or the defendant was in possession.3. it has been decided by ..... is conclusive proof of the matters stated.4. what the meaning of 'conclusive proof' is for the purpose of the evidence act is laid down in section 4 of that act, where it is said : ' when one fact is declared by this act to be conclusive proof of another, the court shall, on proof of the one fact, regard the other as proved, and ..... shall not allow evidence to be given for the purpose of disproving it.' that no doubt refers in terms only to the evidence act but .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1950Raj8
..... , on the facts, there was no justification for such an order, even if the trial magistrate was authorized by the law to make such an interim order in proceedings under section 147, criminal p. c. the other ground mentioned by the learned district magistrate is also correct. in my opinion, he is quite right in saying that a magistrate, in whose ..... the district magistrate of nagaur that an order passed by a magistrate of parbatsar on 25th october 1943 be set aside.2. kama, sukha and jetha filed an application under section 147, criminal p. c., in the court of the magistrate in question on 18 th september 1948 and alleged that they had a right of way across the field of ..... , criminal p. c., are pending is not authorized by the law to pass such an order. the second proviso to sub-section (4) of section 145 of the code, on which the trial magistrate relied, does not authorize such an order.6. for the reasons stated above, i accept the reference and set aside the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1950All266
..... i am certainly opposed to treating a revision application as an easy substitute for an appeal under section 417. i am not impressed by the distinction between a case of a personal nature in which the provincial government is not likely to be so interested as ..... from him a sewing machine at calcutta. but the opposite party neither bought the machine nor returned the money to the applicant. the applicant thereupon prosecuted him under section 406 and succeeded in the trial court but not in the sessions court. the defence of the opposite party in both the courts was that the applicant had paid ..... of revision what it can do only on appeal. i cannot go to the extent of saying that a high court should not act in revision at all because the remedy of an appeal under section 417 is open as that would amount to legislating by denying the power of interference with acquittal and revision which undoubtedly exists. but .....
Tag this Judgment!Court : Orissa
Reported in : AIR1950Ori114; 15(1949)CLT123
..... the province of orissa to howrah. but there in one important distinguishing feature between that case and the present appeal. in that case the prosecution was under section 7 read with section 17 of act xxiv [24] of 1946 whereas in the present appeal the prosecution is for an offence under rule 81 (4), defence of india rules. rule 121, ..... expired, the liability for any penalty for contravention of any of the rules or orders made thereunder still continues to exist by virtue of the amendment made to sub-section (4) of section 1, defence of india rules, by ordinance xii [12] of 1946.5. the advocate-general's main contentious were that there was no conflict between the impugned ..... defence of india rules says clearly that the doing of any act preparatory to a contravention of any of the provisions of the said rules shall be deemed to .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1950Raj58
..... g. raj is neither a deputy nor an assistant custodian. it is thus clear that k.g. raj had no authority to act under section 6 or 7 or 8. shri k.g. raj himself had acted under these sections of the ordinance of on behalf of the deputy custodian as the words 'for the deputy custodian udaipur city' occurring after his ..... writ of certiorari can only be directed against the authority which has to perform judicial functions and upon which is cast a duty to act judicially and not to act in excess of its jurisdiction. as under section 3 of the bombay requisitioning ordinance, it is provincial government which is empowered by order in writing to requisition any land, it is ..... giving reasonable warning and facility to any woman not appearing in public to withdraw, remove or break open any lock, bolt or any door or do any other act necessary for the said purpose. section 8--claims by interested persons. (i) any person claiming any right to, or interest in any property which has been notified under .....
Tag this Judgment!Court : Kolkata
Reported in : (1884)ILR10Cal435
..... in its ordinary signification. in chundernath nundi v. hur narain deb i.l.r. 7 cal. 153 this court adopted this construction of section 265 of the code of civil procedure.8. the result is that, although the appellant was unnecessarily made a defendant, yet the decree ..... separate numbers. there is no reason suggested why this restricted meaning of the word should be adopted in construing this word used in section 265 of the code of civil procedure. on the other hand, it will facilitate the ends of justice in many cases if ..... . but it was contended before us that the word 'estate,' which occurs in this section is used in the same sense in which it is used in the butwara law, beng. act viii of 1876. but this contention does not seem to us to be correct. the ..... to the facts of this case. part ii of the act deals with the subject of the right to claim partition. this right is given to a recorded proprietor of a joint undivided estate only. by section 4 a joint undivided estate is defined to be 'all .....
Tag this Judgment!Court : Kolkata
Reported in : (1884)ILR10Cal652
..... judges, that where an appellant was too late by a single day--and for that day's delay there was no sufficient excuse--the appeal was barred. section 4 of the limitation act leaves us no discretion in this respect; and unless the appellant can satisfy the court that he had sufficient cause for not presenting the appeal in proper time ..... 's order admitting the appeal.16. we explained that the point of limitation arose upon the appeal itself, quite apart from any order admitting the appeal; and that, under section 4 of the limitation act, we were not at liberty to hear the appeal, unless the appellant could satisfy us that he had filed it in proper time; or that, under ..... is directly contrary to the express language of the law.27. by the 151st* article of the schedule to the limitation act the twenty days are to be reckoned from the date of the decree: and by the 20th section of the civil procedure code, the decree is to bear date the day on which the judgment is pronounced, so that the appeal .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1932Bom71; (1931)33BOMLR1500
..... it is necessary to look at and which to my mind is really conclusive of the whole question, is the indian bar councils act. in the amending act of 1927, section 2, which amends section 8 of the principal act of 1926, there is contained in sub-s. (4) the following provisions:--the respective rights of pre-audience of advocates of the ..... becomes of his so called personal privilege does he continue to enjoy the privilege of pre-audience conferred upon him by the proviso to sub-section (4) of section 8 of the indian bar councils act even if he vacates the office which he is holding a personal privilege, in my opinion, is a privilege which is capable of being ..... that the advocate general may take on behalf of his majesty such proceedings as may be taken by his majesty's attorney-general in england. then sub-section (s) deals with an acting advocate general. it provides:--on the occurrence of a vacancy in the office of advocate-general or daring any absence or deputation of an advocate-general .....
Tag this Judgment!Court : Kolkata
Reported in : (1896)ILR23Cal702
..... respect of which the specification was filed by mr. ernest angelo short were new at the date when the application was made for leave to file it.20. section 21 of the act provides that an invention shall be deemed a new invention, if it has not before the date of the application for leave to file a specification been publicly used ..... think i ought to state my view as to the objection that the invention was not new at the date of the application for leave to file the specification. section 5 of the act provides that the inventor of a new manufacture may apply to the governor-general in council for leave to file a specification thereof. the term invention as used ..... had been necessary to arrive at a finding in respect of any of these matters, i should have felt it my duty to have adopted the procedure provided by section 35 of the act for the trial of the necessary issues.4. it appears to me, however, that the application may be disposed of on the evidence of messrs. ernest angelo short .....
Tag this Judgment!Court : Chennai
Reported in : (1908)18MLJ497
..... high court in kuverji tulsidas v. the great indian peninsular railway company i.l.r (1878) b 109. a shipowner is a bailee within the terms of that section. under section 151 of the act, the defendants, therefore, are bound to take as much care of the goods as a man of ordinary prudence would under similar circumstances. it is only the incident ..... proceed accordingly to consider the question. as to the authorities, the cargo owner was not represented in the case jellicoe v. the british india steam navigation co. i.l.r. (1884) c. 489 and there is no doubt in my mind on reading the judgment of the chief justice in that case and in the case moothora kant shaw v. the ..... as the general question goes this is the law which has been received and applied by the indian courts - jellicoe v. the british india steam navigation co. i.l.r. (1884) c. 498; and hajee ismail sait v. the company of the messageries maritimes of france i.l.r. (1905) m. 400. contracts have been made and business has been carried .....
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