Court : Kolkata
Reported in : 5Ind.Cas.266
..... authorising such suits i think the present suit was competent and the first plea of the appellant fails.5. the next question is whether this is a suit under the act. section 111a of the act says any person dissatisfied with any entry may institute a suit for the declaration of his right under chapter vi of the specific relief ..... paid a fixed rent. the learned munsif held that the suit being one for a declaration was one under the specific relief act and not one under the bengal tenancy act, so that the presumption under section 50 of the b.t. act, as regards fixity of rent did not apply and that on the merits no uniform payment of rent had been proved ..... , therefore, that although the suit is for a declaration of right under the specific relief act, it is a suit authorised by the bengal tenancy act and is, therefore, a suit under the act.6. as regards the plea that the presumption is barred by section 115 of the act, i think the case reported in the foot-note to the full bench case of .....
Tag this Judgment!Court : Kolkata
Reported in : 45Ind.Cas.338
..... it was but meet that indian judges should be associated with their european colleagues. the question at issue in the appeals depended on the construction of the sections of a certain act, and had nothing to do with the conditions and practices, etc., relating to indians. this, however, might be put down to ignorance on the part ..... been withdrawn from the appellate bench, which in fact bad never been constituted, is equally groundless. here i may observe that as under section 108, sub-section 2 of the government of india act, 1915, the duty devolves upon the chief justice to determine, from time to time, what judges of the court are to constitute the ..... of either article. this argument is based on three grounds, namely, first, that secondary evidence of the return alleged to have been filed under section 32 of the indian companies act was not admissible; secondly, that oven if secondary evidence were held admissible, evidence was requisite to prove that the original had been filed by golap .....
Tag this Judgment!Court : Kolkata
Reported in : (1925)ILR52Cal253
..... committed. whether the offences were separable or not, so as to justify the application of section 71 of the indian penal code, is outside the purview of this enquiry. they may have been committed by one single act or set of acts, but the result has been seven different offences. that they are distinct offences cannot for ..... a moment be doubted. even under the code of 1898, wherein in section 35 there was same apparent ambiguity in the meaning of the expression 'distinct ..... than to declare what are to be distinct offences.' by act xviii of 1923, the explanation and the illustration have been deleted; and there is nothing to suggest now at any rate that separate or different offences are not distinct offences. the first part of section 233 of the criminal procedure code lays down that for each distinct offence .....
Tag this Judgment!Court : Mumbai
Reported in : (1944)46BOMLR529
..... vhether rule 81(2) of the defence of india rules can be deemed to be within the rule-making power conferred by clause (xx) of sub-section (2) of section 2 of the act which refers to the ' control of agriculture, trade or industry for the purpose of regulating or increasing the supply of articles or things of any ..... ,ss. 4 and 17 of the press (emergency powers) act, 1931, in section 33 of the dangerous drugs act, 1933, in section 13 of the indian aircrafts act, 1934, in section 27 of the indian petroleum act, 1934, and in section 55 of the indian forests act, 1927. such a provision in all these acts is superfluous and is evidently intended to emphasise the power of ..... of the acquisition of any property for private use or for purposes other than agriculture, trade or industry. it is true that sub-section (i) of section 2 of the defence of india act confers unlimited powers upon the central government to make any such rules as may appear to it to be necessary or expedient for securing .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1935Bom385; (1935)37BOMLR642; 159Ind.Cas.533
..... the debts of all the creditors liquidated therefrom without priority, and equally and rateably as far as the assets of the deceased extend : indian succession act, section 323 and section 360, proviso.5. it is admitted that the executrix committed a breach of the duty of equal and rateable payment of debts. the personal liability ..... the assets of the estate have thus been gradually depreciating, and its liabilities have been gathering force by accumulations of interest and other charges. the indian succession act, section 323 (to which i shall refer more fully), provides for an equal and rateable payment of the creditors : no creditor who has been paid off can ..... in england recognizes in the case of creditors and legatees, appear in effect to be reproduced in india in chapter xii of the indian succession act, sections 356-367.15. under section 323, however, the rights of all creditors in india become interdependent : the rights of each creditor are brought into relation with the rights of .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1921Bom87(1); (1921)23BOMLR749
..... ground now that the inamdars never applied to have the survey settlement or the revision survey settlement extended to this village. the question is whether in virtue of section 216 the government have the power to introduce the survey settlement in a sharakati village, a definite share whereof is alienated, but not divided by metes and bounds ..... been produced, but undoubtedly the village was surveyed with other khalsa villages, as not being excepted from chapters viii to x of the bombay land eevenne code by section 216 and exhibit 16 shows that it was considered that the inamdars were only entitled to a half share of the revenue. the sanad only grants one-third ..... it is always open to the legislature if it thinks the courts have put a wrong construction on the words of an act to make its meaning clear by amendment.17. for myself i have considerable doubts whether section 216 of the bombay land revenue code was rightly construed in gangadhar v. morbhat, for, although the legislature may have .....
Tag this Judgment!Court : Mumbai
Reported in : (1936)38BOMLR739
..... preliminary point in favour of the defendants, holding that the document was a promissory note, was improperly stamped, and therefore was inadmissible in evidence for any purpose under section 35 of the indian stamp act. their lordships will discuss this decision later. leave, however, was given to the plaintiff to amend : and on january 2, 1931, the plaintiff presented an amended plaint ..... further objection to the admissibility of the document was that it recorded the terms of a contract reduced to the form of this document, and that under sections 91 and 92 of the indian evidence act no oral evidence was admissible to contradict, vary, add to, or subtract from its terms. the answer is that the document does not record or purport .....
Tag this Judgment!Court : Mumbai
Reported in : (1924)26BOMLR509
..... immunity, such as it is, gained by the lapse of twelve years after the date of an apparent adoption, amounts to acquisition of title within the meaning of section 2 of the act of 1877.their lordships think that the appeal may be disposed of on this short, ground, whether the alleged adoption was or was not an apparent adoption to ..... words 'a suit to obtain a declaration' are terms of art. they relate back to the specific relief act passed in the same year 1877, being act no. 1 of that year, whereas the limitation act is act no. 15. section 42 of the specific relief act deals with declaratory decrees, and the illustration (letter f) is much in point:-a hindu widow in ..... 1877 did not apply because the appellant relied on title acquired before the passing of the act of 1877, and his rights were therefore saved by section 2 of that act. he admitted that, if the act of 1877 applied, his client was out of court.their lordships are unable to accede to mr. cohen's argument. giving full effect to the .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1946Bom266; (1946)48BOMLR25
..... the attitude or mental condition of the dominant owner, and that is in consonance with the. meaning of the words ' as an easement' in section 15 of the indian easements act. that attitude of the dominant owner must involve the consciousness that the right is over the property of another person, a consciousness obviously inconsistent with a ..... it was proved that (1) there was unity of possession between two tenements; (2) easements were not submitted to; (3) the terms of section 1 of the english prescription act were not being complied with, therefore on facts in those cases the right of easement could not arise.12. following those decisions it was held by the ..... 852.divatia, j. 8. [the principle of chunilal fulchand v. mangaldas gwardhandas i.l.r (1891) bom. 592 would apply to cases falling under section 15 of the indian easements act.]9. the decision in chunilal fukhmd's case shows that there was unity of possession. there the plaintiff definitely asserted in the previous suit that the piece .....
Tag this Judgment!Court : Mumbai
Reported in : (1949)51BOMLR9
..... court to arrive at a conclusion in his favour. (musst. chandkour v. partab singh, supra). this observation was made by lord watson in a case under section 43 of the act of 1882 (corresponding to order ii, rule 2), where plaintiff made various claims in the same suit.62. applying the above principles their lordships have to decide ..... out of an application dated july 27, 1936, by three of the respondents in the above appeal under section 4 of the united provinces encumbered estates act, 1984 (united provinces act xxv of 1934). in their statement under section 8 of the act, they claimed as their own the property claimed by the appellants in appeal no. 6. appellant no. ..... 1 and fida ali khan filed objections under section 11 of the act claiming the property as their own. whilst these proceedings under the act were pending they filed suit no. 2 of 1938 above referred to. as that suit was dismissed the special judge held .....
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