Court : Kolkata
Reported in : (1881)ILR7Cal1
..... rule 33, which was in existence prior to 1850, was a rule which dealt with perfect fairness with all classes of pensioners, indian and foreign ; though under it troublesome calculations might become necessary in payment of each english pension. ..... plaintiffs, commenced subscribing to the fund on the 11th of november 1871 for the benefit of his widow, on the 18th of september 1873 for the benefit of the plaintiff phillip erskine falle, and on the 14th of november 1874 for the benefit of the plaintiff nora eliza vernon falle. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1942Cal99
..... the question therefore is (1) whether this negligence of the next friend affected the jurisdiction of the court so as to render it 'a court not competent to deliver the order' within the meaning of section 44, evidence act; (2) whether apart from the provisions of section 44, evidence act, there is any principle of law by which gross negligence on the part of the next friend would affect the consequent order of dismissal so as to render it inoperative as a bar to a fresh suit under order 9, ..... assuming that the cause of action in respect of which the present suit is instituted is the same as in the previous suit one obvious way of removing this bar is contained in section 44, evidence act, which lays down thatany party to a suit...may show that any judgment, order or decree which is relevant under section 40...and which has been proved by the adverse party, was delivered by a ..... as a juristic person has the right of suit like all other owners ; (2) the shebait, the recognized human agency through which the idol must, from its very nature, act, has a distinct right, distinct from, and, in normal cases, in supersession of the idol's right of suit jagindindra nath roy v. ..... rule 4 of order 32, civil p.c, lays down:any person who is of sound mind and has attained majority may act as next friend of a minor or as his guardian for the suit : provided that the interest of such person is not adverse to that of the minor and that he is not, in the case of a next friend, a defendant, or, in ..... 1874) .....
Tag this Judgment!Court : Kolkata
Reported in : (1994)2CALLT269(HC),99CWN595
..... opinion was neither proper nor justified and that compelled the petitioner to move a writ application before the court on 11.10.91 which was disposed of by directing the respondent to allow the petitioner to appear in interview held for recruitment to the said post and also to consider his case sympathetically. ..... 1941 para 70 it was observed by the supreme court that 'the concept of social justice is not foreign to legal justice or social well-being or benefit to the community rooted in the concept of justice in the 20th century. .....
Tag this Judgment!Court : Kolkata
Reported in : 41Ind.Cas.878
..... where he observed that a man may transfer his property, without valuable consideration, if he does such acts as amount in law to a conveyance or assignment of the property, and thus completely divest himself of the legal owners ship which vests in the person who by those acts acquires the property. ..... section 122 of the transfer of property act defines a gift as the transfer of certain existing moveable or immoveable property, made voluntarily and without consideration by one person, called the donor, to another, called the donee, and accepted by or on-behalf of the donee. ..... ' the position, consequently, is clear, that except in the circumstances mentioned in section 126 of the transfer of property act, a gift cannot be revoked. ..... delbridge (1874) 18 eq. 11 : 43 l. j. ch. ..... the document was duly attested and was registered as required by the provisions of the transfer of property act. .....
Tag this Judgment!Court : Kolkata
Reported in : (1967)ILLJ483Cal
..... tribunal that the appeal involved substantial question of law as to(a) whether the application under section 33a was maintainable;(b) whether the tribunal had properly construed the standing order;(c) whether the tribunal had not acted contrary to law and the fundamental principles of justice in drawing inferences from an alleged discussion which form no part of the record of proceedings before the tribunal;(d) whether there was any evidence before the tribunal to justify ..... the conclusion that the company's management had not acted bona fide or that it was a case of victimization;(e) whether the alleged copy of the letter dated 30 june 1953 was not inadmissible in evidence; and(f) whether the tribunal had not erred in law in admitting in evidence the ..... in this case the question that arose for consideration was whether the state of punjab exercising its appellate jurisdiction under rule 6(6) of the punjab welfare officers (recruitment and conditions of service) rules, 1952, is a tribunal within the meaning of article 136 of the constitution. ..... that kind of procedure, to my mind, is unwarranted by statute and is foreign to a democratic constitution.15. .....
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