Court : Kolkata
Reported in : AIR1925Cal571
..... the matter was again before him the president held that he had no jurisdiction to further deal with the matter as the calcutta rent act had expired as regards premises of a rental above rs. 250 a month and rs. 3,000 a year on the 1st november ..... a less value than rs. 250 a month and rs. 3,000 a year on the 1st november, 1918 and that the original act ceased to operate on the 31st march, 1924 as regards premises above this value there being no provision to the contrary which would save ..... stated in the following passage.9. ' as a general rule, and unless it contains some special provision to the contrary, after a temporary act has expired no proceedings can be taken upon it, and it ceases to have any further force.' and the learned editors refer to the case ..... 250 a month or rs. 3,000 a year on the 1st november, 1918.7. the president considers that the calcutta rent act was a temporary act and that after the 31st march, 1924, it ceased to have effect so far as regards premises the rent of which on .....
Tag this Judgment!Court : Kolkata
Reported in : (1925)ILR52Cal551
..... the matter was again before him the president held that ho had no jurisdiction to further deal with the matter as the calcutta rent act had expired as regards premises of a rental above rs. 250 a month and rs. 3,000 a year on the 1st november ..... a less value than rs. 250 a month or rs. 3,000 a year on the 1st november 1918 and that the original act ceased to operate on the 31st march 1924 as regards premises above this value, there being no provision to the contrary which would save ..... law is stated in the following passage:as a general rule, and unless it contains some special provision to the contrary, after a temporary act has expired no proceedings can be taken upon it, and it ceases to have any further force.9. and the learned editors refer to ..... decision of the president of the tribunal is in my opinion correct, for it is, i think, well settled that if an act is, a temporary act it comes to an end for all purposes at the end of the period for which it is enacted, see craies on statute .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1925Cal866
..... the 12th april 1923. it appears that jiten roy, father of the son-in law of the defendant, who is said to be a wealthy man has been financing the defendant and acting in all matters in connection with the case on her behalf. there was no dispute between the parties as to the shares. but the dispute was whether certain ..... the matter of conducting the litigation for the lady. a paradanashin lady in the situation of the defendant must find somebody to advance her money for her litigation and to act for her generally, but it would be disastrous to the interests of purdanashin ladies if we were to hold that a tadbirkar or financier is authorised on behalf of ..... satya santi. khokalal was a minor till february 1922, and his mother parul sundari was appointed guardian of his person and property during his minority under the guardians and wards act. tarubala took out letters of administration of the estate of her husband with the copy of his will annexed after his death, and it is stated that she is .....
Tag this Judgment!Court : Kolkata
Reported in : 94Ind.Cas.873
..... the plaintiff returned the goods to him as unsaleable. we are not satisfied that the delay in rejecting the goods was a reasonable delay and that after exercising acts of ownership in the goods the plaintiff could not claim refund of the purchase-money.13. we agree with the learned judge in his finding that the goods ..... plaintiff has made out no case for damages and his only case was for refund of the purchase-money and that case should fail because the plaintiff exercised acts of ownership by selling the goods and there was unreasonable delay before the plaintiff complained against the soundness of the goods. the learned counsel further contended that assuming ..... unsatisfactory and that in the circumstances of the delay in claiming rejection of the goods was not unreasonable. then the, learned judge held that the plaintiff exercised no act of ownership beyond keeping the goods in his godown. on these findings the learned judge made a decree in favour of the plaintiff directing a refund of the .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1926Cal89,(1925)ILR52Cal881
..... with reference to the acquisition or the deprivation of property. now, in section 25 'fraudulently' is defined as meaning 'with intent to defraud' and in re london and globe finance corporation, limited [1903] 1 ch. 728, 732. buckley j. observed that 'to deceive is, i apprehend, to induce a man to believe that a thing is true ..... that he believes that the document has been forged, and fraudulently or dishonestly puts forward the document as being a genuine document, in my opinion, he is not acting involuntarily, but is deliberately using the document for a criminal purpose. to hold otherwise would be to afford a ready method by which the provisions of section 471 could ..... a sub-lease of the said mining rights. an order was obtained by the official assignee, therefore, to examine the three accused under section 36 of the insolvency act (iii of 1909). the accused were served with a summons to produce inter alia 'any books and documents in connection with the said alleged payment by them or .....
Tag this Judgment!Court : Kolkata
Reported in : 91Ind.Cas.993
..... code with reference to the acquisition or the deprivation of property. now, in section 25 'fraudulently' is denned as meaning 'with intent to defraud' and. in re london and globe finance corporation ltd. (1903) 1 ch. 728 at p. 732 : 72 l.j. ch. 368 : 51 w.r. 651 : 88 l.t. 194 : 19 t.l.r. 314 & 375 : ..... disclose that he believes that the document has been forged, and fraudulently or dishonestly puts forward the document as being a genuine document, in my opinion, he is not acting involuntarily, but is deliberately using the document for a criminal purpose. to hold otherwise would be to afford a ready method by which the provisions of section 471 could be ..... favour a sub-lease of the said mining rights. an. order was obtained by the official assignee, therefore, to examine the three' accused under section 36 of the insolvency act (iii of 1909). the accused were served with a summons to produce inter alia 'any books and documents in connection with the said alleged payment by them or either of .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1925Cal1076
..... of higher grade with reference to any prospective mesne profits. the munsif has then full jurisdiction to entertain the suit having regard be its value, under section 19 of act xii of 1887. the next question is, whether such jurisdiction is limited or affected in any way by any subsequent event. under order 20, rule 12 (1), ..... the munsif's jurisdiction in dealing with an application for the ascertainment of mesne profits pendente lite remains subject to the pecuniary limitations contained in section 19 of act xii of 1887. i should like to add that there is no harshness in this view, for a plaintiff who values the land for which he sues ..... returned the plaint for presentation before the subordinate judge. on the defendant raising the plea of limitation, the subordinate judge held that under section 14 of the limitation act the claim was not tarred. against that decision the defendant appealed to this court and the learned judges decides that the order of the subordinate judge was correct in .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1926Cal938,95Ind.Cas.21
..... ---that after the 1st january 1917 neither the parties to the earlier submission nor their authorised agents in any further written agreement 'pursuant to the arbitration act' agreed to submit anew to arbitration their disputes in connection with the said contracts, and it was conceded that they did not in express terms agree ..... the nearest chamber, of commerce. the decision of the arbitrators or surveyors or of the umpire shall be final; in all other respects, the indian arbitration act (ix of 1899) shall apply.8. for reasons which will appear hereafter it is unnecessary for me to consider the meaning and effect of this arbitration clause ..... calcutta.dear sirs, please favour us with information about your firm and indicate the contemplated transactions. we are only open for business on a large scale, and each party acting as principals. we ship the articles specified by you and many others, for example, copper, y-metal, german silver, aluminium, building materials, machinery, cement, sugar, .....
Tag this Judgment!Court : Kolkata
Reported in : 90Ind.Cas.4
..... .5. against the order of the president of the tribunal the present rule was obtained on the 24th april 1925. premises in section 2(e) of the calcutta rent act are defined as meaning any building or hut let separately for residential, charitable, educational or public purposes or for the purposes of a shop or an office and by section ..... 15 of the act the rent controller is empowered to certify the standard rent of any premises.6. in sewell v. angerstein (1868) 18 l.t. 300, wills, j., held that gasalier ..... my opinion, no bearing on the present case. in that case a furnished flat was demised and it was held that although the rent controller had jurisdiction under the act to fix a rent for the premises apart from the furniture he had no jurisdiction to fix a standard rent which included the furniture.11. that case is distinguishable as .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1926Cal469
..... building.5. against the order of the president of the tribunal the present rule was obtained on the 24th april 1925. premises in section 2(e) of the calcutta rent act are defined as meaning 'any building or hut let separately for residential, charitable, educational or public purposes or for the purposes of a shop or an office' and by ..... section 15 of the act the rent controller is empowered to certify the standard rent of any premises.6. in sewell v. angerstein [1868] 18 l.t. 300, wills, j., held that gasalier ..... my opinion no bearing on the present case. in that case a furnished flat was demised and it was held that although the rent controller had jurisdiction under the act to fix a rent for the premises apart from the furniture, he had no jurisdiction to fix a standard rent which included the furniture.11. that case is distinguishable .....
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