Court : Mumbai
Reported in : AIR1936Bom172; (1936)38BOMLR164
..... of the property, whether it is one's own, or somebody else's. it seems to me, therefore, on the wording of sections 378 and 425, indian penal code, that these two acts are distinct offences and that the intention to cause wrongful loss by the destruction of property is different from the intention to cause wrongful loss ..... in default to suffer rigorous imprisonment for a month for each offence. the other accused were convicted of the offence of assisting in the disposal of stolen property under section 414, indian penal code.3. the learned additional district magistrate has made this reference because it has been held by this court in emperor v. ramla ratanji (1903 ..... by its mere removal from a person's possession.9. it may be noted that sections 428 and 429 deal with certain aggravated forms .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1950Bom77; 1950CriLJ662
..... was no compliance with that order even on 28th september 1943 and it follows that when the appellate magistrate summarily dismissed the appeal, he could not have acted under section 431, criminal p.c., because that section postulates the perusal of a copy of the judgment. this was the view of bennet j. in emperor v. bansgopal : air1934all206 in which he made ..... 288: 30 cri l. j. 749 that where a criminal court dismisses an appeal for default of appearance, it is not a judgment and that the judgment contemplated by section 869 is a decision on the merits.8. on this view with which i am in respectful agreement, the appellate magistrate's order in the present case may be regarded ..... appeal was due to the non-filing of the judgment for the reason that the appellate magistrate made no reference of any kind to the merits of the appeal.7. section 419, criminal p.c. lays it down that every petition of appeal shall, unless the court to which it is presented otherwise directs, be accompanied by a copy .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1926Bom427
..... carry on its business in the ordinary way and receive the book debts for that purpose, and that the deed was a floating charge within the meaning of section 4 of the companies act, 1900, and void for want of registration. in a question between the-trustee and a creditor of the company. lord macnaghten said (p. 358):with ..... held that a debenture constituting a floating security over the undertaking and assets of a company did not specifically affect any particular assets until some event happened or some act on the part of the mortgagee was done which caused the security to crystallize into a fixed security.16. fletcher moulton, l.j., after citing the judgments of ..... macleod, c.j.1. the applicant, as official liquidator of the whittle spinning and manufacturing company limited, filed this application under section 233 of the indian companies act in the court of the district judge of ahmedabad, asking for a declaration that the floating charge given to the bank of baroda by the company, on june .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1934All868
..... 's land may be treated as a right of easement, it cannot be acquired by prescription. it may be acquired by grant or custom but not by prescription. section 17, basements act, lays down that a right, which would tend to the total destruction of the subject of the right, cannot be acquired by prescription. the expression 'total destruction' ..... to be exhaustive; indeed, the very object of defining a term is to admit that no exhaustive list can be laid down. the easements act is both a consolidating and amending act. the definition in section 4 is perfectly wide and would cover any right to do a thing on another's land. it therefore does not follow that nothing ..... to say that the exercise of such right would necessarily tend to the total destruction of the property within the meaning of section 17, easements act, so as to make it incapable of acquisition. the third paragraph of section 15 is very wide and applies to 'any other easement.'13. there are no doubt cases of the calcutta and lahore .....
Tag this Judgment!Court : Allahabad
Reported in : 15Ind.Cas.27
..... in section 4 of the agra tenancy act (ii of 1901), is wide enough to make a suit like the present maintainable as a suit for arrears of rent. finally, it is contended that the ..... of the district judge in second appeal. the district judge held that a question of jurisdiction had in fact been decided by the collector within the meaning of section 180 of the agra tenancy act (ii of 1901) and that an appeal lay to his court. he then agreed with the collector that the plaintiffs were entitled to receive half the ..... decide. it is, moreover, a somewhat difficult question upon which it does not seem to me altogether easy to harmonize the decisions of this court as they stood before local act ii of 1901 was passed. on these grounds alone, i might decline to interfere in revision, i am further of opinion that the definition of the word rent', contained .....
Tag this Judgment!Court : Chennai
Reported in : AIR1923Mad9; (1922)43MLJ441
..... and added 'this is the deed of reliquishment caused to be written and given with my freewill'.3. by section 7 of the indian divorce act of 1864, 'the high courts and district courts shall, in all suits and proceedings hereunder act and give relief on principles and rules which, in the opinion of the said courts, are as nearly as ..... petitioner's evidence, a decree should be granted. that is absolutely contrary to the principles and rules on which the court of divorce and matrimonial causes in england acts, then is a definite established practice there that the evidence of the husband or the wife alone is never to be accepted without corroboration either by witnesses or at ..... unless the judge ordinarily shall otherwise direct' under that provision if the name is unknown the judge can dispense with that co-respondent. in this case the first alleged act of adultery is with a known man. he is not added as a co-respondent nor is there any application to the court for dispensing with his being made .....
Tag this Judgment!Court : Chennai
Reported in : (1902)ILR25Mad15
..... consigned to him as superintendent without obtaining a license on payment of the fees due thereon, and had thereby committed 'an offence punishable under section 341 of the city of madras municipal act. the chief presidency magistrate rejected the complaint on the ground that before cognizance could be taken of the offence with which major bell was ..... altered from time to time from 1861 to 1898, these decisions do not go far to help us in interpreting the section as it now stands. for example, section 167 of the first criminal procedure code (act xxv of 1861) related to charges of offences punishable under the indian penal code only and the circular of the calcutta ..... the criminal procedure code of 1882 or that of 1898.4. there is one slight alteration in the first paragraph of section 197, as found in the acts of 1882 and 1898, as compared with the corresponding section (466) in the act of 1872, to which considerable importance has been attached at the hearing of this petition. this is as .....
Tag this Judgment!Court : Chennai
Reported in : (1948)1MLJ341
..... not sufficient or acceptable the prosecution may, then, move the district magistrate for such orders as he thinks fit. interfering at this stage makes the court acting under sections 435 and 439, criminal procedure code, more like a court of of appeal than like a court of revision because it has to go into the entire evidence as ..... prosecution for setting aside orders of discharge in cases where charges have been framed against some of the accused alone, or against all the accused under some sections alone, were made only after the court finally disposes of the matter. in this case, the first class magistrate is bound to give reasons when he ..... a conviction of these accused has been made out. as regards the other four he framed charges under various sections of the code. at this stage the prosecution filed an application before the district magistrate under sections 435 and 436 of the criminal procedure code requesting that the order of discharge be set aside; the learned additional district .....
Tag this Judgment!Court : Chennai
Reported in : AIR1928Mad125
..... would not be affected by the dissolution of that partnership in his dealings with the firm unless he had adequate notice of the same as provided in section 264, contract act. in this view and on the learned judge's finding that defendant 2 was a partner up to the 31st march 1921, we must hold that he ..... court is distinctly of opinion that it includes new customers. in mahadeva aiyar v. ramkrishna reddiar a.i.r. 1926 mad. 114, odgers, j., observes that section 264, contract act, is clear that, in the absence of such notice, persons dealing with the firm are entitled to assume that the partnership still continues; but the question of this ..... & co. v. vallabhadas : air1915bom209 , as another authority. undoubtedly, in that case beaman, j., does say that the expression 'persons dealing with a firm' section 264, indian contract act, meanspersons who have been in the habit of dealing with, and at the time of the dissolution were contemplating further dealing with the firm, on the faith of the .....
Tag this Judgment!Court : Chennai
Reported in : 85Ind.Cas.345
..... of the vesting only of the public roads and not of all roads and the expression 'public roads' is defined in section 3(xxiii) of act v of 1884 as a road already vested in some local body. there is no evidence whatever on which it may be held that these puntas were ever vested in any local body. ..... the applicability of the sections of the land encroachment act depending as it does on the vesting of the lands as public roads in the district boards under ..... the provisions of section .....
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