Court : Kolkata
Reported in : 38Ind.Cas.945
..... that there was misdirection in the charge to the jury, the question arises, what course should be pursued. reference was made on behalf of the crown to section 537 of the criminal procedure code, 1898, which provides that no sentence passed by a court of competent jurisdiction shall be reversed or altered under chapter xxvii (confirmation of ..... clause 26 of the letters patent. the petitioner fateh chand agarwalla was tried at the third criminal sessions of this year on a charge of offences punishable under section 243 of the indian penal code, and, on the unanimous verdict of the jury, was convicted and sentenced to undergo rigorous imprisonment. the accused then applied ..... the evidence. the judicial committee came to the conclusion that the trial had been held in contravention of section 234 of the criminal procedure code, inasmuch as the accused was charged in the indictment with no less than 41 acts extending over a period of two years, whereas, under the law, he could be tried only for .....
Tag this Judgment!Court : Kolkata
Reported in : 131Ind.Cas.562
..... some extent robbed of its force. the view taken in the earlier case commended itself to ghose and harrington, jj. (rampini, j. dissenting) notwithstanding that they read the section in the same light as is now stands. it would appear, therefore, to be doubtful whether mookerjee, j. was justified in not following that and other previous decisions ..... bench of this court took a different view of the matter, and held that any doubt upon the point had been set at rest, by explanation i to section 11 of the code. mookerjee, j., who delivered the judgment of the court in that case referred to some of the earlier decisions and observed that the explanation ..... that no appeal having been preferred against the decision in the cross suit that judgment must be deemed to stand unchallenged, and that, therefore, the principle of resjudicata acted as a bar to the hearing of the appeal. the learned district judge gave effect to this contention and dismissed the appeal. that decision is now challenged in .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1926Cal65,89Ind.Cas.1000
..... sale having been set aside the obligation to pay the sum of money revived. their lordships, however, were of opinion that upon a fair construction of the 32nd section of act x of 1859 which was the special enactment that was applicable, time had not begun to run until the sale was set aside and that upon the setting aside ..... , did not purport to engraft any foreign principle into the law of limitation then in force.13. it turned purely on the construction of the words of the 32nd section of act x of 1859 and explained what was meant by the expression, 'the year in which the arrears fell due' or in other words, decided what was the year ..... have been a clear difference of opinion on the question whether the starting point of limitation may be deferred on some principle of suspension extraneous to the act itself and whether notwithstanding section 9 of the act there may be exceptional. cases where such suspension may be allowed after time has begun to run. the view of sadasiva ayyar, j, which .....
Tag this Judgment!Court : Mumbai
Reported in : (1931)33BOMLR675
..... unnecessary in this case to go into the question of the powers of the high court under clause 29 of the letters patent and section 107 of the government of india act. under section 526 of the criminal procedure code the high court has the power to transfer a case from a criminal court subordinate to its authority to any ..... additional sessions judge to try this particular case at alibag does not appear to contravene the provisions of section 9(2). under section 20 of the indian penal code a 'court of justice' denotes a judge empowered by law to act judicially alone, and mr. gundil having been empowered by the local government to try this case could ..... classification of offences into those triable with a jury and those triable with assessors, is left under sections 7-9 and section 269 to the local government. but within this framework this court has under the government of india act and the letters patent the widest possible responsibility and the superintendence of the courts and powers of .....
Tag this Judgment!Court : Mumbai
Reported in : (1935)37BOMLR544
..... in their lordships' opinion, a confusion of thought upon the subjects of estoppel and waiver.22. the question of estoppel is governed by section 115 of the indian evidence act, which for the present purpose seems to their lordships not to differ from the law in england in regard to estoppel in pais.23. ..... japan, 554, merchant street, rangoon, represented by their manager mr. t, saito ... appellant (plaintiff). versusdawsons bank ltd., a public company incorporated under the indian companies act having its head office at pyapon by its secretary hugh dawson... respondents (2nd & 3rd defendants).36. by its operative part it provides for a decree 'against the ..... was brought about by the liquidation in regard to the suit was merely this, that in the conduct of their defence the bank would, before liquidation, act through the directors, during liquidation through the liquidators, and after the termination of the liquidation through the directors once more. if these considerations had been kept .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1945Bom1; (1944)46BOMLR768
..... deals with a cognate matter to see the language used when a deposit is to be made and not a payment of the fee under the court-fees act of 1870. section 379, sub-section (i), provides that every application for a certificate or for the extension of a certificate shall be accompanied by a deposit of a sum equal to the ..... solicitor or the party is summoned to the registry and handed the probate. on that date it appears that the stamps are actually cancelled by defacement pursuant to section 30 of the principal act.23. now, it appears, though by what right i do not know, that the practice has grown up in the testamentary registry, which enables a petitioner ..... a similar endorsement is made on the face of the stamp. but such endorsements are not, in fact or in practice, a cancellation of the stamps, see section 30 of the principal act.22. the petitioner then returns to the registry, hands over the petition containing the schedule of valuation, and the original will in cases in which there is one .....
Tag this Judgment!Court : Mumbai
Reported in : (1933)35BOMLR753
..... the property.they also gave the company their coats in both courts against the same parties.7. it has been brought to their lordships' notice that under section 100 of the transfer of property act, 1882, read with order xxxiv, rule 15, of the code of civil procedure, the court should have passed a preliminary decree for sale as in a suit ..... held that the liability of the third appellant arose, in virtue of the conveyance, upon a contract in writing registered within the meaning of article 116 of the indian limitation act, and that the six years period allowed by that article applied, with the result that the suit was well within time. their lordships think that:, having regard to the judgment .....
Tag this Judgment!Court : Mumbai
Reported in : (1949)51BOMLR894
..... have no hesitation in repelling it. the argument on this point is based on the definition of the term 'employer' given in clause (g)(i) of section 2 of the act, which runs thus :'employer' means-(i) in relation to an industry carried on by or under the authority of any department of a government in british india ..... enactments was the registration and formation of trade unions and not for the purpose of defining the relations between the employers and the employees. section 28(k) of the amending act xiv of 1947 was enacted to prevent employers from interfering with the formation of trade unions and against preventing workmen from joining or helping in ..... issued by coyajee j. against the industrial tribunal to which a dispute between the western india automobile association and its workers had been referred under section 10 of the industrial disputes act, xiv of 1947.2. though a number of points were raised before coyajee j. and before the division bench, the principal question raised by .....
Tag this Judgment!Court : Mumbai
Reported in : (1932)34BOMLR1021
..... as earnest money.19. the respondent had no personal contract with moolla in connection with the negotiation for or the execution of the agreement. she acted by brokers throughout.20. on december 31, 1921, the board of directors held a meeting, the minutes of which state that ' the following ..... that the facts, if fully investigated, would have supported the new plea. 60. section 49 of the indian registration act, which states the results of non-registration is, so far as material, as follows:-49. no document required by section 17 to be registered shall-(a) affect any immoveable property comprised therein. * * ..... * *or(c) be received as evidence of any transaction affecting such proporty... unless it has been registered.61. their lordships are satisfied that there is nothing in the section .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1936Bom330; (1936)38BOMLR903; 165Ind.Cas.34
..... property during life is gift of a life-estate in the property itself. this contention seems to be based on the analogy of the principle embodied in section 172 of the indian succession act which says:where the interest or produce of a fund is bequeathed to any person, and the will affords no indication of an intention that the ..... grant of the property itself for life and creates a life-estate in it. in the first place this section which embodies a rule of construction of wills under the english law does not apply to mahomedans : see section 58 of the act. the mahomedan law has its own provisions about gifts limited to the usufruct of the property, one form ..... of which is ' ariat' under which a person acquires only a right to the profits of a property for a limited period. secondly, even assuming that the section applies to the case of .....
Tag this Judgment!