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Sarju Prasad Vs. Emperor

Court : Allahabad

Reported in : 81Ind.Cas.595

..... this report the district magistrate passed the order which is questioned in this revision. under this order he directed the prosecution of sarju prasad on two alternative charges under section 193 and directed that the case should go to khan bahadur maulvi muhammad abdul hamid khan for disposal.6. on behalf of the applicant it is contended that ..... the report of mr. christie does not amount to an order under section 476 of the code of criminal procedure, and that the district magistrate had no jurisdiction whatsoever to pass any such order. on this hypothesis it is urged that ..... same time inasmuch as it gives all the facts of the case and mentions that in the opinion of mr. christie, sarju prasad had been guilty of offences under sections 193 and 477, and inasmuch as these facts were submitted to the district magistrate, who had jurisdiction to take cognizance of such offences, it is clear that the .....

Babu Kesho Dass Vs. Hanuman Panday and anr.

Court : Allahabad

Reported in : AIR1924All53; 74Ind.Cas.924

..... been decreed by both the courts below. the land is admittedly covered by a grove and the contention of the appellant is that chapter x of the agra tenancy act in which section 158 occurs does not apply to groves.2. the land in suit is said to have been granted to the predecessor of the plaintiffs under a written danpatra about ..... and has been held as such from the time; of the last revision of records, which was between 30 and 40 years ago.3. land as defined in section 4 of the tenancy act is limited to land which is lei or held for agricultural purposes, and it has been held in several decisions of this court that this definition docs not ..... force. this is a new case put forward for, the first time in second appeal and the answer to it is that in order to succeed under section 30(d) of the rent act of 1081 it was necessary for the plaintiffs to show that the land had been held rent-free and by at least two successors to the original grantee .....

Ayya Krishnaswami Thathachariar Vs. Veeraswami Mudali and ors.

Court : Chennai

Reported in : (1919)36MLJ93

..... possession within 12 years, so that the suit is not barred, as against him. the question then arises whether under the definition of 'defendant' in section 2, sub-section (4) of the limitation act which enacts that 'defendant' includes 'any person from or through whom a defendant derives his liability to be sued', the present 5th defendant, must not ..... trustees, from causing any obstruction to them or to any one else who performed the duties of archaka on their behalf.2. under article 124 of the limitation act, for possession of an hereditary office, time runs against the plaintiff from the time when the defendant, takes possession of the office adversely to the plaintiff, and to ..... archakas of the suit temple but had been out of possession and enjoyment of that office for about 60 years, were barred under article 124 of the limitation act, when they brought this suit against the 5th defendant, the archaka in possession, and the 1st to 4th defendants, the trustees of the temple by whom this .....

Secretary of State for India Vs. Vydia Pillai and anr.

Court : Chennai

Reported in : (1894)ILR17Mad193

..... by respondents being neither a right in and over the forest nor a right to forest produce. he further held that the claim was barred by section 4 of the pensions act, xxiii of 1871. the respondents appealed from this decision to the collector of the district, who considered that the right set up by the claimants ..... exercised jurisdiction by reason of the collector mr. macleane's decision that the right in contest was not outside the provisions of the forest act. under section 14 of the forest act, the collector has appellate; jurisdiction only when the right adjudicated on by the forest settlement officer is a right excepted from the provisions of ..... for india in council represented by the district forest officer, and respondents are two mirasi karnams who had served as such in connection with the forest till 1884, when the forest officer dispensed with their services. the claimants stated that from time immemorial their family had been enjoying the rusum and rendering services as karnams .....

Palani Goundan Vs. Peria Goundan

Court : Chennai

Reported in : AIR1941Mad158; (1940)2MLJ887

..... the properties on 17th april, 1936, in execution of a money decree against the mortgagors, intervened with a claim to have the respondent's decree amended under section 19 of the act. there is no dispute that the petitioner is an agriculturist but the respondent objected that the petitioner was not a 'judgment-debtor' within the meaning of ..... meaning 'any person against whom a decree has been passed or an order capable of execution has been made' has not been incorporated in this act. on the other hand, the definition of 'debt' in section 3(iii) includes debts payable under a decree or order of a court. according to the decision in perianna v. sellappa : air1939mad186 , ..... patanjali sastri, j.1. this is a petition to revise an order of the district munsif of namakkal dismissing the petitioner's application under section 19 of the madras agriculturists' relief act for scaling down the amount payable under the decree dated 14th august, 1932, in o.s. no. 678 of 1932 on the file of that court. .....

H. Mahomed Ishack Sahib Vs. Mahomed Moideen and anr.

Court : Chennai

Reported in : (1922)ILR65Mad849; (1922)43MLJ436

..... fees to be allowed to sheriffs, attorneys, and all clerks and officers of the court will not cover this case because, as the advocate-general pointed out, section 3 of the court fees act clearly points to the fee which is to be taken by the officer as a perquisite, as until recent years we all know they were. therefore the fee ..... the time being to the clerks and officers of the high courts established by letters patent by virtue of the power conferred by 24 and 25 victoria, chapter 104, section 15. that section is a very long one defining certain powers of the chartered high courts and the material portion of it is as follows:each of the high courts established under ..... language this, that we have here, as anything but an order. it lacks all the characteristics of a judgment which were pointed out in cases such as ex parte chinery (1884) 12 q.b.d. 342, and onslow v. commissioners of inland revenue (1890) 25 q.b.d. 465 and many other cases that have been cited; and the proceedings in .....

In Re: an Attorney

Court : Kolkata

Reported in : (1914)ILR41Cal446

..... enquiry in such a matter as this is more narrowly limited than has sometimes been supposed to be the case. i am further of opinion that proceedings under this section should frequently, or even usually, be ex parte.chaudhuri j.28. chapter xv. of the criminal procedure code lays down rules governing proceedings in prosecutions. part b prescribes the ..... may be traced through the following phases: regulation iii of 1801, section 2; regulation vii of 1813, section 3; regulation xvii of 1817, section 14; beaufort's criminal digest 1857, part i, book vii, chapter ii, paragraphs 4467 et seq.; act xxv of 1861; act x of 1872, section 468, act x of 1882, section 195.5. mr. b.c. mitter, in reply.cur. adv ..... ram prosad roy v. sooba roy (1897) 1 c.w.n. 400 in the matter of chundra kanta ghose (1888) 3 c.w.n. 3, queen-empress v. kuppu (1884) i.l.r. 7 mad. 560 vasteva putturaiya v. lakshmi narayana kachinthaiya (1883) 2 weir 178 vythiyanatha aiyan v. vythiyanatha aiyan (1883) 2 weir 179 kali charan lall v .....

Sakina Bibee Vs. Mahomed Ishak

Court : Kolkata

Reported in : (1910)ILR37Cal839

..... the consequences and results that will happen if probate is taken of the will of a mahomedan, and it seems clear that under such circumstances, by force of section 4 of the act, all the property of the testator vests in the executor.2. as i have said, there is no provision rendering it obligatory in the case of a ..... of mr. justice west in fatma v. shaik essa (1883) i.l.r. 7 bom. 266. that decision, however, was reversed on appeal: shaik moosa v. shaik essa (1884) i.l.r. 8 bom. 241. apart from the respect for and due to the superior court, the argument in the judgments in the court of appeal seems to me ..... the position regarding mahomedans was the same in principle--it is undistinguishable. by the hindu wills act of 1870, section 187 of the succession act was applied to hindus. this section renders it compulsory to take probate, but there is do such provision in the probate and administration act, 1881; and no such provision has ever been applied to mahomedans. it, therefore, follows .....

Mohima Chunder Shaha and ors. Vs. Hazari Pramanik and ors.

Court : Kolkata

..... (5).7. it seems to us that under these definitions, the defendants are ryots, and therefore, non-occupancy ryots within the terms of the bengal tenancy act.8. it is next contended that section 5 (3), which declares that 'a person shall not be deemed to be a ryot, unless he holds land either immediately under a proprietor or immediately under ..... servants, or with the aid of partners, and includes also the successors in interest of persons who have acquired such a right.' and section 4 specifies non-occupancy ryots as one of the classes of tenants under that act.5. a 'tenant means a person who holds land under another person, and is, or but for a special contract would be, ..... liable to pay rent for that land to that person.'-section 3 (3).6. it cannot be said that defendants, though not under actual .....

Emperor Vs. Jaffar Cassum Moosa

Court : Mumbai

Reported in : AIR1934Bom212; (1934)36BOMLR433

..... j.1. this is a revision application in which the accused takes two purely technical points against his conviction. he was convicted of an offence under section 471 of the city of bombay municipal act, 1888, and sentenced to a fine of rs. 50. it appears from the record that one dawood karamalli appeared as the constituted attorney of the ..... accused and was allowed to appear for him in court, that permission being given under section 205 of the criminal procedure code. the first point taken is that ..... having a right of audience before the court, or any legal qualification, to appear for an accused person. however we have to consider the definition of ' pleader' in section 4(1)(r) of the code, which is in these terms:pleader,' used with reference to any proceeding in any court, means a pleader or a mukhtar authorized under .....