Court : Allahabad
Reported in : AIR1921All128; 60Ind.Cas.770
..... this basic, they can only be non-company tenant?, and are, therefore, liable to ejeatment, if at all, by means of a suit brought under section 63 of the aforesaid tenancy act, read with section 58, of the same. if the suit is one which should have been brought in the court of an assistant collector the cognizance of the civil court ..... the question is altogether free from difficulty, but both the weight of authority in this court and our own opinion as to the correct interpretation of section 5s and of the definitions in section 4 of local act, ii of 1901, are clearly in favour of the appellants. on this ground alone the order of the lower appellate court should be set ..... is barred by section 167 of the same tanancy act. a further point has been taken that the position of the defendants is in any aase not that of mere licensees, that they have a desacriptive right .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1924All431; 78Ind.Cas.1041
..... of the co-sharers.8. my finding of law, therefore, is that the ejectment of the respondents by the appellant's predecessor was not an ejectment to which section 79 of the tenancy act or the short period of limitation would apply.9. that being the case, there seems to be no bar to the success of the plaintiffs-respondents. it is ..... in the patti, who together would be entitled to recover the rent, the tenant can not be deemed to have been ejected by his land-holder. referring to section 194 of the tenancy act we find that where there are two or more co-sharers entitled to any right, that right must be exercised conjointly unless they have an appointed agent. such ..... correct.7. no authority bearing on the point has been cited bo me. if we look to the definition of the word 'land-holder' to be found in section 4 of the tenancy act we see that the landholder is the person to whom rent is payable. where there are more than one person entitled to receive rent, the land-holder would .....
Tag this Judgment!Court : Allahabad
Reported in : 59Ind.Cas.917
..... original view that he had jurisdiction to dispose of the case summarily. the question turns upon the interpretation to be given to section 260 of the code of criminal procedure. a magistrate of the first class has jurisdiction to try in a summary way offences ..... the complainant, a master, made a complaint before a magistrate of the first class against a young workman under section 2 of act no. xiii of 1359, alleging that he had been guilty of breach of contract inasmuch as he had failed ..... proved as punishment' we find it impossible to say that the act, if proved, is not an offence punishable by law within the meaning of section 4(o) and, therefore, within the meaning of section 260. it is unfortunate that we should find ourselves in conflict on ..... reference is made to the definition of offense provided by section 4(o) of the same code, it is found to mean any act made punishable by any law for the time being in force. the act under which this complaint was 'brought authorises a magistrate to .....
Tag this Judgment!Court : Chennai
Reported in : AIR1933Mad695; 145Ind.Cas.941; (1933)65MLJ383
..... says that no second appeal lies. for the appellant it is argued that the prohibition contained in rule 4 applies only to orders of ejectment passed under section 4(2) of the act but not to orders refusing ejectment, that an order refusing the application is a decree and therefore a second appeal to the high court under rule 48 ..... a decree, there is no second appeal under the code of civil procedure. no doubt section 4(2) of act i of 1917 talks about the court 'decreeing ejectment against any person' and section 4(3) of an appeal 'against a decree or order under sub-section (2)'; but if we adopt the appellant's reasoning that there is a difference ..... in my opinion nothing to show that an application under section 4 of act i of 1917 is a suit. under the code of civil procedure decrees are appealable: first appeals lie under section 96 and second appeals under section 100. certain orders are also made appealable by section 104(1) and by section 47 orders in execution between the parties are to .....
Tag this Judgment!Court : Chennai
Reported in : 114Ind.Cas.353; (1928)55MLJ591
..... or the other, it is not for us to interfere unless the verdict is unreasonable. assuming that sessions judges do not act under section 307 unless that is their view of the verdict in question (and they clearly ought not to act unless it is their view), we think that the duty of the high court is discharged when it expresses its agreement ..... are now possible in england in criminal cases at the instance of the accused subject to certain safeguards. it is enacted by section 3 of 7 edw. vii c. 23:a person convicted on indictment may appeal under this act to the court of criminal appeal... (b) with the leave of the court of criminal appeal or upon the certificate of ..... the judge who tried him that it is a fit case for appeal against his conviction on any ground of appeal which involves a question of fact alone....4. the english decisions on this section are thus .....
Tag this Judgment!Court : Chennai
Reported in : (1936)71MLJ357
..... reference is made to the matters set out in these two pamphlets, we have to consider whether they come within the definition in the act of 'news-sheet'. the definition section is section 2 and in sub-section (6) 'news-sheet' is defined as follows:'news-sheet' means any document other than a newspaper containing public news or comments on ..... rich and susceptible to bribes. on that ground alone we are satisfied that pamphlet no. 7 is a 'news-sheet', as defined in section 2(6) of the indian press (emergency powers) act as containing matter which tends directly or indirectly to bring into hatred or contempt the administration of justice in british india: and it would not ..... -keepers. bennet, j., held that the classes referred to in the pamphlet were sufficiently well-defined for the purpose of section t6 of the press (emergency powers) act of 1931 as amended by the criminal law amendment act of 1932. in this judgment the decision of the bombay high court in emperor v. maniben kara i.l.r (1932 .....
Tag this Judgment!Court : Chennai
Reported in : (1917)32MLJ151
..... magistrate was not judicial but only ministerial.11. the last point for consideration is whether in the exercise of the power given to him by the act, the chief presidency magistrate acted illegally. sub-section (1) of section 3 before it reaches the proviso has two substantive provisions : (1) the keeper of the press shall make a deposit at the time of the ..... relying upon this decision, a full bench of our high court held in sivagami achi v. subramania ayyar i.l.r. (1903) mad. 259 that a district munsif acting under section 287 of the code of 1882 was only performing a ministerial duty and that his proceedings were not subject to revision by the high court. the district munsif in settling ..... such cases as ex parte partington (1844) 6 q.b. 649. in re brockelbank (1889) 23 q.b.d. 461, and hill v. east and west india dock co. (1884) 9 app. cas. 448, have frequently pointed out this fallacy, and have refused to be led astray by arguments such as those which have been addressed to us, which depend .....
Tag this Judgment!Court : Chennai
Reported in : 113Ind.Cas.625; (1929)57MLJ331
..... . the magistrate was, therefore, at liberty to take cognizance of the allegation against accused 2 of offences punishable under section 54(a) and section 54(b) of the district municipalities act without the section required by either section 196 or 197, code of criminal procedure.18. accused 1, the petitioner's opponent at the election, was charged ..... of a 'public servant.' then it is argued for the petitioner that, whatever 'munisipal officer' may mean in other parts of the district municipalities act, in section 52(2) it must include the chairman of the municipal council because he is the person chiefly responsible for the electoral roll and in the best ..... magistrate of guntur refused to interfere with that order in revision, accused 1 and 3 were afterwards acquitted by the sub-divisional magistrate, who professed to act tinder section 247, code of criminal procedure.16. it is convenient to deal first with all allegations in the complaint against accused 2. the petitioner first complains .....
Tag this Judgment!Court : Chennai
Reported in : (1893)3MLJ27
..... of an estate or property in the land itself, or any part of the ore, or metals ungot therein.3. the licensee may have a right under section 56 of the easements act to employ his servant to dig the pits and aid in capturing the elephants but this will not carry with it the right to transfer his license or ..... the elephants and reduce them to possession is something more. in coming to this conclusion the courts have, we think, overlooked the definition of 'license' contained in section 52 of the indian basements act. the right granted is not more than a license unless it amounts to an easement or an interest in 'the' property, i.e., in the immovable property ..... . the right to carry away the elephants and reduce them to possession is not an interest in immovable property nor does it amount to an 'easement' as defined by section 4 .....
Tag this Judgment!Court : Chennai
Reported in : (1882)ILR6Mad63
..... must call for the record to enable us to dispose of the application as regards him.kernan, j.19. i will only add that, as the magistrate acted under section 194, criminal procedure code, by deferring the examination of witnesses and adjourning the enquiry and remanding the prisoners, he was bound to have expressed clearly on the record the ..... all in the same form to the effect that it appears necessary to defer the examination of witnesses in order that further evidence may be produced.7. section 194 prescribes that, if, from the absence of a witness or from any other reasonable cause, it becomes necessary or advisable to defer the examination or further ..... conspiracy which led to the riots of the 16th ultimo. the information, therefore, according to these proceedings on the record justified the warrants of arrest issued under section 142 of the criminal procedure code. the question then is whether the subsequent and present detention of the accused persons is legal.5. as to this, we have to .....
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