Court : Orissa
Decided on : Feb-02-1949
Reported in : AIR1949Ori35
..... readiness with evidence either documentary or oral. mullick j. observes:if however the plaintiff does not fail to appear but fails to produce his evidence or to perform any other act necessary for the progress of the suit, the court may proceed to decide the suit forthwith.6. therefore, according to that learned judge, is party may not fail to appear ..... though be fails 'to proceed with the evidence. according to this learned judge, with whom i agree with very great respect, so long as a party performs any act necessary for the progress of the suit, he, does appear in the suit. to move for an adjournment is none the less necessary for the progress of the suit in .....
Tag this Judgment!Court : Chennai
Decided on : Feb-04-1949
Reported in : AIR1951Mad650
..... repair, the shro-triamdar would be entitled to sue the inamdar for reimbursement in respect of the money paid by him to the government. this section as also section 70, contract act, have been referred to and relied upon in a recent judgment of this court reported in annamalai chettiar v. kuttigan : air1947mad189 as supporting a ..... necessarily have the effect of clothing the shortriamdar with the right of resumption, i am still of opinion that by the width of its language section 142, madras estates land act, embodies a general provision applicable to all tanks which serve partly an estate and partly government land, and there is no reason for restricting ..... the repairs incurred by the government. the suit was the sequal to action taken by the district collector of cuddappah under sub-section (1) of section 142, madras estates land act and was instituted under sub-section (3) on both the grounds referred to therein, namely, that the plaintiff was under no obligation to repair the tanks, .....
Tag this Judgment!Court : Allahabad
Decided on : Feb-04-1949
Reported in : AIR1949All449
..... this course is possible only if we have jurisdiction to do so. in order to decide the question of jurisdiction it is necessary to examine the relevant section of the act.in expressing their opinion the learned judges did not remark that they considered nathuji to be of unsound mind because he was of weak mind or he had ..... taylor that the term 'denoted an incapacity to manage affairs' and relying on in re: cowasjee beramji lilaoovala, 7 bom. 15, it was observed that in section 1 of act xxxiv of 1858 it comprehendedimbecility whether congenital or arising from old ago as well as lunacy or mental alienation resulting from disease.the learned judges further accepted the die ..... also left a widow mt. rukmini bai.3. on 18th december 1942, rukmini bai, the appellant's mother, who is the respondent in this case, applied under section 63, lunacy act, for an inquisition to be made that the appellant, being a man of unsound mind, was incapable of managing his affairs, and praying for the appointment of a .....
Tag this Judgment!Court : Chennai
Decided on : Feb-04-1949
Reported in : (1949)2MLJ438
..... the shrotriemdar would be entitled to sue the inamdar for re-imbursement in respect of the money paid by him to the government. this section as also section 70 of the indian contract act have been referred to and relied upon in a recent judgment of this court reported in annamalai chcttiar v. muniappa naidu : air1947mad189 as ..... been calling upon them only to repair the tanks till in 1938 for the first time it chose to initiate proceedings against the plaintiff under section 142 (1) of the act. in support of the second ground there were no definite averments in the plaint which contented itself with the rather negative statement that it ..... another or by necessary implication repeals the just and equitable right of re-imbursement under the general law there is nothing in the relevant sections of the madras estates land act to suggest such exclusion or repeal. in these circumstances the principle embodied in the latin maxims generalia speaalibus non derogant or generalibus speciatlia derogant .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-05-1949
Reported in : 1950CriLJ799
..... put on flesh and his further observation more than 3 months later, to the effect that the disfiguration was not very noticeable, cannot take the offence beyond the mischief of section 326. both the courts below have held that the petitioner did commit this offence and in my opinion that finding must stand.3. in the next place, learned counsel ..... mathur for the petitioner, argued firstly that the offence, if any, was one under section 321, penal code and not under section 326. he elaborated this point by reference to the statement of dr. srilal, sub-assistant surgeon, to the effect that there were no marks of disfiguration on ..... orderramabhadran, j.c.1. the petitioner was convicted by mr. e. d. mehta, first class magistrate, of an offence under section 326, penal code, and sentenced to undergo 6 months rigorous imprisonment. an appeal was dismissed by the learned sessions judge. hence this revision petition.2. mr. c. p. .....
Tag this Judgment!Court : Allahabad
Decided on : Feb-08-1949
Reported in : AIR1949All467
..... , or which must necessarily cause injury, obstruction, danger or nuisance to persons who may have occasion to use any public right.8. while it is true that this section does not apply to acts or omissions calculated to offend the sentiments of a class or a person of particularly refined susceptibilities-les non favet vots delicatorum-it does, on its plain language ..... , apply to the residents of a particular neighbour-hood, so that if they are all affected by the alleged act of the wrong doer, the act would be a 'public nuisance' within the meaning of this section.9. there is no doubt that the plaintiffs in paras. 2 and 3 of the plaint had alleged that people of other villages ..... to see as to which of these two provisions is applicable to the facts of the present case.7. the term 'public nuisance' has not been defined in the code. section 3 (44), general clauses act, x [10] of 1897, no doubt, provides that the term 'means a public nuisance as defined in the penal code', and .....
Tag this Judgment!Court : Privy Council
Decided on : Feb-14-1949
Reported in : AIR1949PC200
..... proceeding inwards. [18] in these circumstances, the chief justice in the supreme court held that these local regulations, coupled with the known and terrible risks of an explosion, constituted " special circumstances " within article 27 of the regulations for preventing collisions at sea "which may render a departure from the above rules necessary in order to ..... and killed about 17,000 of the inhabitants. early in the last world war, a canadian order in council dc 2412, issued under the canadian war measures act, provided for the governmental regulation of navigation within canadian waters, and among other things by cl. 1 required every vessel in those waters to comply with such ..... instead of going astern went ahead for 8 minutes. the trial judge accepted that evidence and bated on it his finding that the order to stop was not acted upon at once. but in the supreme court this conclusion was convincingly analysed and rejected by kellog, j., and their lordships are in full agreement with .....
Tag this Judgment!Court : Mumbai
Decided on : Feb-17-1949
Reported in : (1949)51BOMLR955
..... (1866) 5 w.r. (cr) 80 that the law relating to accomplice evidence was the same in india as in england. then came the indian evidence act which by section 133 enacts thatan accomplice shall be a competent witness against an accused person; and a conviction is not illegal merely because it proceeds upon the uncorroborated testimony of ..... of an accomplice supported only by the confession1 of a co-accused. their lordships whilst not doubting that such a conviction is justified in law under section 183 of the evidence act, and whilst appreciating that the coincidence of a number of confessions of co-accused all implicating the particular accused, given independently, and without an opportunity ..... a confession of a co-accused is obviously evidence of a very weak type. it does not indeed come within the definition of 'evidence' contained in section 8 of the evidence act. it is not required to be given on oath, nor in the presence of the accused, and it cannot be tested by cross-examination. it is .....
Tag this Judgment!Court : Privy Council
Decided on : Feb-17-1949
Reported in : AIR1949PC257
..... confession of trinath as sufficient corroboration of the evidence of the approver. this involves consideration of the position of the confession of a co-accused under indian law. section 30, evidence act, enacts : "when more persons than one are being tried jointly for the same offence, and a confession made by one of such persons affecting himself and some ..... , however, provides that the court may take the confession into consideration and thereby, no doubt, makes it evidence on which the court may act; but the section does not say that the confession is to amount to proof. clearly there must be other evidence. the confession is only one element in the consideration of ..... evidence given in the sessions court. some discussion took place in the high court as to whether under s.157, evidence act the court could use the statement made by the approver under s. 164, criminal p. c. section 157 is in these terms : "in order to corroborate the testimony of a witness, any former statement made by such .....
Tag this Judgment!Court : Orissa
Decided on : Feb-21-1949
Reported in : AIR1950Ori241
..... standing in kind of fiduciary relation to each other as principal and agent in the way in which the present plaintiff and his sheristadar are related. sections 211 and 212, contract act, relating to the duty of an agent to the principal has to be borne in mind in judging whether or not the loss occasioned by ..... are required for purposes of execution and decrees, the indent and the pay-slip after being prepared in the office and checked by the head clerk of the section go to the sheristadar who sanctions them for payment. the concerned clerk draws the money thereupon and after utilising the money and filing the execution petition prepares the ..... circumstances. the plaintiff-maharaja in the coarse of administration of his estate and collection of rents, obtains decrees for arrears of rent as against defaulting tenants. one section of his office staff attends to the steps necessary to be taken for realisation of these decrees by execution in various courts. monies are drawn from time to .....
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