Court : Kolkata
Reported in : AIR1925Cal373,85Ind.Cas.14
..... council rules and standing orders, and i think it will be convenient if, at this stage, i set out the material sections of the government of india act. the first section to which i need refer is section 52 of the act, which runs as follows:52.-the governor of a governor's province may, by notification, appoint ministers, not being members of ..... 26. rule 92 runs as follows:if the local government or the governor exercises the power conferred by section 72-d (2) provisos (a) and (b), of the government of india act in regard to demands refused or reduced by the council, the finance member shall, as soon as may be thereafter, lay on the table of the council a statement ..... showing the action under section 72-d, (i) proviso (a) with a copy of the certificate granted by the governor, .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1925Cal48
..... facts to which my attention has been drawn in order to determine if and how far the applicant has succeeded in bringing his case within the purview of section 45 of the specific relief act. in doing this i am relieved of the necessity of considering the questions raised in provisos (c), (d) and (e), because no argument was raised in respect ..... directed to delete the said item as being an item which was hit by rule 94.8. as regards the right of the applicant to an order under section 45 of the specific relief act, mr. sircar pointed out that his client paid government revenue, which was an essential part of the fund out of which the ministers were to be paid ..... and agriculture of the government of bengal. the hon. mr. donald, who is a member of the executive council of his excellency the governor of bengal, in charge of the finance department, was served with notice of the application under rule 5 of chapter xxix of the rules of this court (hechle's rules, page 356), as it appeared from the .....
Tag this Judgment!Court : Kolkata
Reported in : (1924)ILR51Cal874
..... to which my attention has been drawn in order to determine if and by how far the applicant has succeeded in; bringing his case within the purview of section 45 of the specific relief act. in doing this, i am relieved of the necessity of considering the questions raised in provisos (c, (d) and (e), because no argument was raised is respect ..... directed to delete the said item as being an item which was hit by rule 94.8. as regards the right of the applicant to an order under section 45 of the specific relief act, mr. sircar pointed out that his client paid government revenue which was an essential part of the fund out of which the ministers were to be paid ..... agriculture of the government of bengal. the hon'ble mr. donald, who is a member of the executive council of his excellency the governor of bengal, in charge of the finance department, was served with notice of this application under rule 5 of chapter xxix of the rules of this court (hechle's rules, p. 356,) as it appeared from the .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1925Bom458; (1925)27BOMLR581; 87Ind.Cas.771
..... it may not be said that the commissioner uses his discretion under my orders and that therefore the other parties are debarred from moving under section 515 of the municipal act or taking proceeding under the civil procedure code or taking criminal proceedings. my order is based entirely on the view i have taken that the commissioner illegally ..... applicant and which necessitated these proceedings, that the order of the appeal court protected all the inhabitants of the locality in respect of this nuisance. probably they financed that litigation and backed up the complainant mr. mallandaine in the belief that if he succeeded, there would be an end of the matter. they did not ..... the complainant that the complainant was fighting not only his own battle but the battle of the other residents in the locality, who, it appears, had also financed him. the learned magistrate has, however, based bin decision mainly on the evidence which showed that the stables would cause a nuisance to the residents of .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1925Bom160; (1925)27BOMLR27
..... that these bills to be discounted by the bank in japan would be honoured when presented in bombay. the defendants accordingly, in order to secure h. yamamoto & co., and to finance their imports, wrote the letter of november 25, 1919, to the plaintiffs' bank. in the first part of that letter they inform the bank that they have instructed h. ..... letter of the defendants of the same date confirming the credit shows that h. yamamoto & co. of japan did not want their credit to be dependent upon any future acts of the defendants in bombay. further, the contention of the defendants would lead to this result that the defendants by refusing to accept or refusing to pay the first bill ..... the same as a limit of 50,000 yens revolving.9. i would, therefore, confirm the decree of the lower court and dismiss the appeal with costs.lallubhai shah, kt., acting c.j.10. i have felt some difficulty in coming to a conclusion in this case. taking the three letters, which are material in this case, namely, exhts. a, .....
Tag this Judgment!Court : Chennai
Reported in : AIR1925Mad765; 87Ind.Cas.372; (1925)48MLJ390
..... were referring not to any inducement to paupers to accept the administratorship but to the immunity granted to them for not being required to pay their own moneys for financing the litigation in respect of the estates they might undertake to represent.5. in the case of perumal goundan v. the thirumaiarayapuram jananukula dhanasekhara sanga nidhi, ltd. ..... himself a pauper but that the next friend also is a pauper and that he cannot get any substantial person to act as his next friend, is not to be found in or deduced from the section of the civil procedure code and that the minor may sue as a pauper by next friend who is not a pauper. ..... refers to the physical person before the court or the legal person in his representative capacity as the legal representative of the deceased pauper plaintiff. under the general clauses act the word ' person ' includes not only individual human beings but also companies or associations or bodies of individuals whether incorporated or not. as i understand the .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1925Cal640,87Ind.Cas.392
..... .c. 213, lord black-burn had occasion to consider the meaning of the words 'in good faith and for valuable consideration,' used in the proviso to section 92 of the bankruptcy act, 1869 which deals with fraudulent preferences.54. i will pause here to refer again to lord hobhouse's judgment in which in the paragraph immediately preceding that which ..... clear that the respondent bank did not intend further to finance mogi & co. the letter adds that all these (silver and other goods) stocks are under lien to banks, which excludes the existence of unhypothecated goods and there ..... says that:mr. okhura informs us he has had express instructions to carry on the business with a view to effecting a settlement of all claims as soon as finances have been arranged in japan; the temporary difficulties in which the firm finds themselves being due to the suspension of their bank in japan.43. this makes it .....
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 : Mumbai
Reported in : AIR1925Bom318; (1925)27BOMLR478; 87Ind.Cas.706
..... a casual and non-recurring nature however we may take it that the question now before us is whether the receipts in question cm be exempted under section 4 (3) (vii) of the act, which says : 'any receipts not being receipts arising from business or the exercise of profession, vocation or occupation, which are of a casual and ..... prices, but his resources failing it became known to the creditors of the firm, and the market in general, that the firm was not in a position to finance further the huge purchases which had been made so that its failure had become imminent. as a crisis would necessarily result if all its purchases were thrown upon ..... and that only the receipts arising from a business which is carried on continuously can be assessed. but the section refers to receipts arising from 'business' and not to receipts arising from 'a business.' the definition of 'business' in section 2 (4) is as follows:-''business' includes any trade, commerce or manufacture or any adventure or concern in .....
Tag this Judgment!Court : Mumbai
Reported in : (1925)27BOMLR814
..... unreasonableness falls to the ground, because the unreasonableness of the demand consists, not in its method, but would have consisted in this, that it would have put the purchaser, whose finances might have been allowed to drop owing to the dragging on of the negotiations, into a position of much embarrassment on such a short notice being given.10. their lordships ..... not resile from that position. their lordships do not think it necessary to put this into the decree, but it will be recorded in their judgment and the vendor will act accordingly.13. their lordships will humbly advise his majesty that the appeal should be allowed and that the decree of the trial judge should be restored, with costs in both .....
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