Court : Chennai
Reported in : 6Ind.Cas.604
1. we think that the decree of the subordinate judge is right. section 19, sub-section (1), clause iv, of the madras district municipalities act, 1884, gives the governor-in-council power to remove a councillor if his continuance in office is, in the opinion of the governor-in-council, likely to bring the municipal administration .....
Tag this Judgment!Court : Mumbai
Reported in : (1885)ILR9Bom333
..... which have been commenced against them for libel in the cantonment magistrate's court at secunderabad, should be removed to this court under section 526 of the criminal procedure code (act x of 1882) as emended by act iii of 1884. to decide this question, it becomes necessary to ascertain with precision the jurisdiction of the courts established by the governor-general in ..... should be removed, as a matter of necessity, to the high court at bombay.15. we direct that an order under section 526 of the code of criminal procedure as amended by section 11 of act iii of 1884 should go down, directing the cantonment magistrate to commit the case to this court on the 9th of this month, when ..... any servant of the british government in such manner, or to such extent, as the governor-general in council from time to time thinks fit; and by section 8 of the act it is provided that- the law relating to offences and criminal procedure for the time being in british india as to procedure, &c;, extends to all .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1928Bom484; (1928)30BOMLR1277
..... relied upon by the two lower courts is admissible for the purpose of establishing the alleged mortgage, having regard to the provisions of section 49 of the indian registration act and section 91 of the indian evidence act. this question has been very carefully discussed in the judgments of both the lower courts, and is also raised by the appeal, ..... apart from the plaintiff's assertion to the contrary that i have mentioned, be a sufficient ground for this court holding that neither section 91 of the indian evidence act nor section 49 of the indian registration act would apply, because the terms of the contract had not been reduced to the form of a document, and secondly, because, at ..... enable the defendant to meet the plaintiff's case. that, for instance, has been laid down by west j. in ramchandra dpaji v. balaji bhaurav i.l.r (1884) bom. 137 following sevvaji vijaya raghunadha valoji kristnan gopalar v. chinna nayana chetti (1864) 10 m.i.a. 151. on the other hand, if the plaintiff gives .....
Tag this Judgment!Court : Mumbai
Reported in : (1936)38BOMLR408
..... to collect the dues from the members and distribute them in accordance with the fixed shares. it is difficult to see how this comes within the prohibition of section 4 of the indian companies act. section 4 (1) lays down that no company, association or partnership consisting of more than ten persons shall be formed for the purpose of carrying on the ..... business of banking unless it is registered as a company under the act, etc. under sub-section (2) of section 4, no company, association or partnership consisting of more than twenty persons shall be formed for the purpose of carrying on any other business that has ..... , or partnership, or by its members.the same distinction is emphasised by lord justice james in the same case at p. 273, and further pointed out in crowther v. thorley (1884) 50 l. t. n. s. 43.20. the word ' business ' is undoubtedly a word of a very large import, and if some of the meanings given to it .....
Tag this Judgment!Court : Chennai
Reported in : (1906)ILR29Mad360
..... was then forwarded to the chairman by the assistant sanitary engineer so that it might be signed by the chairman or vice-chairman and one councilor as required by section 45, act iv of 1884 (madras). the document was however not so signed. the contract being of the value of above rs. 200 is not binding on the council radha krishna das v ..... spa i.l.r. bom. 66 as the local body there dealt with was not governed by any statutory provision such as that to be found in the public health act, 1875, section 174. on the ground that the contract is not binding on the municipality, this second appeal must be dismissed, but as this contention was not advanced in either of .....
Tag this Judgment!Court : Chennai
Reported in : (1930)58MLJ107
..... this act.' under that section, the right to sue which belonged to the taluq board under the old act will pass to 'the same local board as constituted under this act.' what is 'the same local board'? it may be the local ..... that the situation is saved by the transitory provisions attached to act xiv of 1920, particularly sections 235, 237, 238 and schedule x, rules 4 and 13. section 235 says that 'all property, all rights of whatever kind, used, enjoyed, or possessed by ... a local board as constituted under the madras local boards act, 1884'. . . shall pass to the same local board as constituted under .....
Tag this Judgment!Court : Chennai
Reported in : (1936)71MLJ873
..... in the mofussil. i find it difficult to follow this argument. reliance is placed on the definition of 'district court' and section 19 of the act. section 4, clause 4 defines district court as follows:'district court' has the meaning assigned to that expression in the code of ..... civil procedure code, i.e., such persons should be represented by next friends or guardians ad litem. consistent with the policy of the act, what section 50 lays down is only this, that if in any suit or proceeding it is necessary under the general law of procedure ..... interpretation of the will, and there is no ground for saying that he has not done so. in re moir : warner v. moir (1884) 25 ch. d. 605.43. these cases have been followed in india in anilbala v. dhirendra (1920) 32 c.l.j. 314, ..... different counties. walcol v. botfield (1854) kay. 534 : 69 e.r. 226 .42. in moir in re : warner v. moir (1884) 25 ch. d. 605 , the legatee was bound under the terms of a will to reside in a certain house for at least six months .....
Tag this Judgment!Court : Chennai
Reported in : (1911)ILR34Mad375
..... council, rajahmundry, v. susurla ven-kateswarulu i.l.r. (1908) mad. 111 by miller and munro, jj., with reference to a similar provision in the district municipalities act iv of 1884, section 26, and by benson and krishnasami ayyar, jj., in nilayuthakshi ammal v. taluq board of mayavaram : (1910)20mlj885 , where the question arose with respect to ..... have fully justified his dismissal. but, as stated above, we are unable to hold that it had the right to pass orders transferring the management under section 51 of act v of 1884 while the first defendant was still trustee and there was no vacancy with respect to the office. the first defendants the trustee, having died since the institution ..... appellant that the board had no power to manage the charities itself, for it is clear that, even if that were so, it is entitled under section 51 of act v of 1884 to make over to a local body not only its power of superintendenea but also the management of any endowment. this power of making over the .....
Tag this Judgment!Court : Kolkata
Reported in : (1895)ILR22Cal131
..... statement, and the legal character and value of the statement when it has been made. this involves the consideration of the provisions of the bengal municipal act, 1884, under which the statement was made. by section 86 the power is given to the commissioners to order that this particular tax be levied within the limits of the municipality, and ..... chandi pershad applied to the municipal commissioners of monghyr for a license for two carriages and six ponies, making the usual statement as required by section 133 of the bengal municipal act iii of 1884 of the bengal legislative council. a license for two carriages and six ponies was granted, but at the same time the statement was sent ..... 9th may a paper had been sent to the magistrate on a printed form and headed 'list of municipal cases under act iii of 1884 and bye-laws,' in which chandi pershad appeared as charged with an offence under section 199 of the penal code, for 'filing a false statement, that is to say, patting down in the schedule .....
Tag this Judgment!Court : Kolkata
Reported in : (1893)ILR20Cal699
..... the municipality of balasore the provisions of chapter vii of the act is, under the provisions of section 2 of the act of 1884, 'to be deemed to have been made under the provisions of the act of 1884. if so, the provisions of sections 232 and 270, sub-section (4) of the act of 1884 are in force in balasore, inasmuch as they are a re ..... of the question depends upon the effect to be given to the word notification 'in section 2 of the act of 1884, that is, whether 'orders' made under section 234 of the old act can be held to be included within the term 'notification' as used in that section.5. upon the whole, we are of opinion that the term notification 'as used ..... -enactment of the provisions of sections 249-250 of act v of 1876, which .....
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