Court : Kolkata
Reported in : (1881)ILR6Cal794
..... the main question in this case is a pure question of law,---namely, whether, by the law in force in calcutta, the widow of an armenian, married before the dower act (xxix of 1839), is entitled to dower out of lands which her husband held during the marriage for an estate of inheritance, as against a hindu purchaser for value from the husband during ..... but the preamble of this act distinctly affirms the existence of that law in india, and the necessity for amending it as it had been amended ..... had an inchoate right to dower at the time of the passing of the act, nothing short of express words could deprive her of that right.40. ..... besides, it seems to me, that section 4 of the dower amendment act is itself an authority, that, before the act, a husband could not alien or devise his lands so as to deprive his wife ..... from their very nature were only passed for reasons connected with england, and which would not be applicable to india, or any other colony of the british crown, as for instance, the mortmain acts, the law of aliens, and the like.35. ..... the dower act (xxix of 1839) recites, that it is expedient to extend the amendments in the english law of dower to the territories of the east india company in cases which, but for the passing of the act, would be governed by the english law of dower as it existed previously; and section 4 of that act provides that no widow shall be entitled to dower out of any land which shall have been absolutely disposed of by her husband in his lifetime, or .....
Tag this Judgment!Court : Kolkata
Reported in : (1887)ILR14Cal1
..... contention is based upon three grounds : first, that there were no arrears due at all; secondly, that no notice was served upon the plaintiffs as is required by the provisions of bangal act vii of 1880; and, thirdly, that the provisions of section 290 of the civil procedure code were infringed, inasmuch as the auction-sale was held before the expiration of thirty days, calculated from ..... the correct ground upon which it should be based ; because the words, 'not being a sale made under and by virtue of any execution issued upon a certificate made as hereinafter provided,' in section 2, bengal act vii of 1868, having been repetaled by act vii of 1880, it does not necessarily follow that the legislature intended that an appeal should lie to the commissioner of revenue against a sale held under ..... that the preamble of act vii of 1880 and the beading of it describe the act as an act to amend the law for the recovery of certain public demands, but section 1 says that this act may be called (the public demands recovery act, 1880 ..... that there are material irregularities in publishing or conducting a sale held in execution of a certificate issued under bengal act vii of 1880, and supposing such irregularities have caused substantial injury to the owner of the property sold, what are his remedies is he entitled to proceed under section 311 of the civil procedure code, or section 2, bengal act vii of 1868 by way of appeal to the revenue commissioner against such sale or is he entitled to pursue .....
Tag this Judgment!Court : Kolkata
Reported in : (1888)ILR15Cal657
..... , therefore, that, though it may be that in an action brought in this country to recover money paid under a contract entered into through 'coercion,' the coercion proved must be such as comes within the provision of section 15 of the contract act (upon which point we express no opinion); yet it does not follow that in the form of action we have to consider in this case that the 'coercion' need be of such a character.25. ..... ' the payment in this case was not made under any of the conditions here described.the only question then is whether act ix of 1872 contains the whole law upon this subject, or whether it may be supplemented by the law as laid down by the decisions of the courts, and as contained in general principles of equity. ..... 65, one of the cases relied upon by the subordinate judge as showing that the payment was not a voluntary one, was not really in point, as it was decided in the year 1868, before the passing of the contract act, which by section 72 defines the cases in which money must be repaid or returned ; and by section 15 defines what is 'coercion.'11. ..... he did by the law as laid down in that decision.but since that decision was given, and before this payment was made, the matter had been dealt with by the legislature of this country section 72 of act ix of 1872 provides that a person to whom money has been paid by mistake or coercion must repay it. ..... in the preamble, it is expressly said that it only explains and defines certain parts of the law of contract. .....
Tag this Judgment!Court : Kolkata
Reported in : 36Ind.Cas.749
..... be assumed to have been explicitly and accurately defined in the act and we decline to hold that wider powers than what appear on the face of the act have been conferred in disguise of the board of trustees, section 69 authorises the trustees compulsorily to acquire land for carrying out any of the purposes of the act; recoupment is admittedly not one of the purposes of the act which are outlined in unmistakable language in the preamble and are formulated in detail in sections 36, 39 and 52. ..... the legislature has carefully provided for the finances of the trust; in addition to taxation, provision is made for municipal contributions, loans and possible grants from the government; if the legislature had intended that profit from the acquisition and re-sale of land should be one of the recognised methods to aid the finances of the trust, an express provision framed in suitable language would, no doubt, have found a place in the fifth or sixth chapter. ..... throw no light whatever on the question in controversy; they merely contain provisions as to the mode in which the accounts are to be kept; this is clear from the circumstance that they find a place in that portion of the chapter on finance which is headed accounts 'and comprises sections 120 to 136. ..... these provisions do not create a right in the board to receive these sums; the right is created by sections 82, 83 and 84 in the chapter on taxation and by section 88 in the chapter on finance. ..... the sixth chapter is devoted to finance. .....
Tag this Judgment!Court : Kolkata
Reported in : 44Ind.Cas.770
..... under sections 41 (a) and 42 (a), but the mere fact that the land is included in the scheme framed under section 42 (a) will not justify its acquisition unless it be for the purposes of the act, otherwise it would have been sufficient to say in section 69 that the board may acquire any land sanctioned by the government without the addition of the words for carrying out any of the purposes of the ..... , its provisions should be strictly construed: in construing the words [section 42 (a)] 'affected by the execution of the scheme' we should be guided by the decisions of the courts in england under the lands clauses consolidation act in the case of lands 'injuriously affected by the execution', of the authorised 'works' or undertaking' and we should further have regard to the analogy afforded by the sixth clause of section 24 of the land acquisition ..... of the disputed clause thus arrived at, while it conflicts with nothing in the preamble or any other part of the act, seems to me supported and confirmed by the provisions of section 78 and ..... involves the interpretation of sections 75 and 81 in the manner already touched upon, according to which they were designed to enable the board to make a profit out of the abandoned parts of their various undertakings, or to finance themselves out of land entered in their plans through errors of calculation or judgment.105. ..... are chapter v taxation,;; chapter vi 'finance' chapter vii rules' and chapter viii ..... of the act relate to taxation and finance. ..... finance. .....
Tag this Judgment!Court : Kolkata
Reported in : 61Ind.Cas.210
..... arguments, urged that the local legislature had no power to create a new criminal court, or to create a court which would affect the jurisdiction given to the high court by the letters patent, that section 20 of the rent act, created a criminal offence within the meaning of the code of criminal procedure, and, therefore, that such offence should be tried under the procedure provided by the code of criminal procedure 'subject to any enactment for the ..... with the previous sanction of the governor-general and yet the effect of the rule, if valid, is to repeal or alter the code of criminal procedure and to provide that the new offence created by section 20 of the bent act, shall be dealt with in accordance with the provisions of the civil procedure code instead of in accordance with the provisions of the criminal procedure code.38. it was urged that the ..... . the preamble recites that 'the previous sanction of the governor-general has been obtained under section 79, sub-section (2) of the government of india act, 1915, to the passing of this act,' with such sanction the local legislature may alter any law made in british india by any authority other than itself ..... . the calcutta bent act, 1920, was passed as the preamble states, to restrict temporarily the increase of rents in calcutta, the period of its continuance in force being three years from the date of its commencement (5th may 1920) ..... the object of the rant act is stated in the preamble, viz. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1934Cal580,150Ind.Cas.561
..... me therefore that as a matter of first impression one ought quite definitely to conclude that when the legislature conferred upon the people of this country, the important privilege now contained in the provisions of section 25, evidence act, the legislature in using the words 'police officer' must have intended that expression to bear such interpretation as would ordinarily be put upon it in the year 1861 by the people at large; just that and nothing ..... chief justice puts the matter thus:another source is the adoption of an erroneous cannon of construction of statutes; that is, the consideration of what is supposed to be the object of this section of the evidence act and the adoption as an initial hypothesis of the theory that that object was to make inadmissible confessions made before persons possessing the power of investigation, search and arrest so that whereas a sub-inspector of ..... being and for certain limited purposes invested with the powers of a police officer are inadmissible in evidence, had they so intended and he then recalls that evenin the evidence act itself the terms police officer and revenue officer have been used to connote two different classes of officers as is evidenced on reading section 125 of the ..... .' the preamble shows that the act was intended to re-organize the police and make it a more effective instrument for the ..... the preamble to the act says:whereas it is expedient to re-organize the police and to make it a more efficient instrument for the prevention .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1938Cal327
..... the local government by rules sets up such a tribunal on the view that proceedings in a civil court would be more lengthy and dilatory, and would keep the persons for whose benefit the act is intended engaged in the pursuit of litigation for a good part of their time, when they could have been more usefully employed in their legitimate occupations, and that such proceedings would also ..... day referred them to the inspector of co-operative societies, dacca,' whom he appointed the sole 'arbitrator' under rule 22 (2) of the rules framed by the local government under section 43 of the act,, khan saheb anwar hossain, who was then the inspector of co-operative societies, dacca sudder (dacca town), received the papers from the assistant registrar on 16th september 1930, and issued notices to the ..... . it may be that such rules may not coma within the express terms of any of the different clauses of sub-section (2), section 43 of the act, such as clause (1) or clause (s); these clauses are only illustrative, but they would derive their life and support from the general power conferred on the local government by sub- ..... these questions, the preamble of the act and the terms of section 43 are matters for prime consideration, but the general scope of the act must also be ..... . the principal business of a society, as we have noticed above, being to finance its 'members a dispute concerning the financial obligations of its members to the society would be a dispute concerning the business .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1941Cal625
..... s.11, by notice in writing, withdraw or modify his expressed desire that the whole of such house, manufactory or building shall be so acquired:provided also that, if any question shall arise as to whether any land proposed to be taken under this act does or does not form part of a house, manufactory or building within the meaning of this section, the collector shall refer the determination of such question to the court and shall not take possession of such land ..... turcan (1898) 1898 ac 256 the material facts appear from the head-note which is as follows:a railway company were entitled by a section in their special act, notwithstanding section 90, land clauses consolidation (scotland) act, 1845, to take a portion of certain houses or other buildings or manufactories scheduled in their act without being obliged to take the remainder, if the portion taken could; in the opinion of the authority to whom the question of disputed compensation should be submitted, be severed from the ..... the court held that the two houses constituted one entire house within the meaning of section 92, land clauses consolidation act, so that if the company took the premises comprised in one lease, they were bound to take those comprised in the other.16. ..... it may be stated at once that the english cases recognize limited ownership, and this follows from the preamble of the land clauses consolidation act (8 & 9 vic. .....
Tag this Judgment!Court : Kolkata
Reported in : [1942]10ITR75(Cal)
..... legislature set out to defeat in the finance act, 1936 section 18, and the question which arises in the present appeal is whether or not the transaction now under consideration falls outside its scope.as we have said, the answer depends in this true construction of three words in the preamble. ..... whether it would or would not have been chargeable to income-tax apart from the provisions of this section, be deemed to the income of that individual for all the purposes of the income-tax acts : provided that this sub-section shall not apply if the individual shows in writing or otherwise to the satisfaction of the special commissioners that the transfer and any associated operations were effected mainly for some ..... on the other hand, claims that by reason of the finance act, 1936, section 18, income-tax and surtax are payable by ..... practice of the four ladies to borrow money form the company in anticipation of the redemption of debentures which they held.until the finance act, 1936, came into force, mrs. ..... 'finance act, 1938, section 28 (2) : ' the proviso to sub-section 1 [of section 18 of the finance act, 1936] shall cease to have effect and the following two sub-sections shall be inserted immediately after the ..... they arise in the finance act, 1936, section 18 : 'for the purpose of preventing the avoiding by individuals ordinarily resident in the united kingdom of liability to income-tax by means of transfers of assets by virtue or in consequence whereof, either alone or in conjunction with .....
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