Court : Chennai
Reported in : AIR1945Mad47
1. The main question arising for decision in this second appeal is whether the provisions of Section 33A(1) of Act 39 of 1923, the Succession Act apply to this case so as to benefit the appellant to the extent of property worth Rs. 5000. The appellant is the widow of one Arulandu Nadan who was an Indian Christian. He died in the year 1936 leaving his widow defendant 1, a sister the plaintiff, a brother defendant 2 and two daughters by a deceased sister, defendants 3 and 4. The property left by the deceased Arulandu Nadan is stated in the plaint to be worth Rs. 6725-14-0. The plaintiff conceded that defendant 1 was entitled exclusively to Rs. 5000 and interest thereon. Deducting this sum she claimed a sixth in the balance and that was mentioned to be Rs. 159-13-10-2/3. It was also stated that defendants 3 and 4 who were her sister's daughters were entitled to a like sum of Rs. 159-13-10-2/3. Defendant 2 was stated to be also entitled to a similar sum and the balance of the excess was st...
Tag this Judgment!Court : Chennai
Reported in : AIR1936Mad835; 165Ind.Cas.860
ORDER1. These criminal revision cases arise out of conviction under Section 18 (1), Indian Press (Emergency Powers) Act, 1931. Criminal Revision Cases Nos. 926, 929 and 930 of 1935 are in respect of the judgment of the Sessions Judge of Guntur dismissing the appeals against the order of conviction by Mr. Strathe, District Magistrate of Guntur; and Criminal Revision Cases Nos. 927 and 928 of 1935 relate to convictions by the Third Presidency Magistrate, Egmore, Madras. The petitioners were convicted of the offence of having distributed unauthorized news-sheets in Guntur and Madras respectively and were sentenced on conviction to simple imprisonment for six months. The points arising in these cases have been dealt with in one common argument and can be disposed of in one judgment.2. The petitioners in all these cases were members of a body known as the Labour Protection League; and as regards the Guntur prosecution, one of them is the president, another the secretary and the third the jo...
Tag this Judgment!Court : Kolkata
Reported in : (1894)ILR21Cal732
W. Comer Petheram, C.J.1. The question we have to consider is whether the executor appointed by a Hindu testator who made his will in 1889, and died in 1891, can, after he has obtained probate, transfer the estate, effects and interests, vested in him by virtue of such probate, to the Administrator-General under Section 31 of the Administrator-General's Act (II of 1874). Mr. Justice SALE has come to the conclusion that he cannot, as he thinks that the estate of a Hindu is not within any of the provisions of the Act, except Sections 17 and 1.8, which are expressly made applicable to such estates. The argument on both sides has dealt, not only with the Act upon which we have now to put a construction, but with the history of the office of Administrator-General, and with the conditions under which the various Acts by which it has been constituted have been passed, and in what I have to say on the subject I propose to follow the same course.2. The office was first constituted by Act VII of...
Tag this Judgment!Court : Kolkata
Reported in : AIR1925Cal822,(1925)ILR52Cal721
Walmsley, J.1. The question referred is whether the provisions of Section 360 of the Criminal Procedure Code are applicable to an enquiry under Section 145 of the Criminal Procedure Code. The difficulty arises from the requirement that the deposition of each witness should be read over to him in the presence of the accused, if in attendance, or of his pleader, if he appears by pleader, and the question for our decision becomes nothing more than this, viz., whether persons against whom proceedings under Section 145 of the Criminal Procedure Code have been initiated are accused within the meaning of Section 360 of the Criminal Procedure Code.2. The word ' accused ' is one of the words that have not been defined in any statute. Our attention has been drawn to various decisions in which a definition has been attempted. For the purpose for which those decisions were given they may be accepted as correct; but I do not think it necessary to consider whether the definition may be regarded as s...
Tag this Judgment!Court : Kolkata
Reported in : 169Ind.Cas.948
Costello, J.1. This suit raises questions of very great public importance and the decision which I have to give not only affects the rights and the status of the actual parties to these proceedings bat may also have a bearing upon the status of persons who are in no way connected with these proceedings as there may be other persons in India who are in the same position as the petitioner as regards divorce and subsequent marriage. The legitimacy of children may even be affected.2. The points mised in this case are of such general importance that I thought' it right to ask the Advocate-General of Bengal to appear or be represented before me in order that in the public interest all aspects of the matter might be fully discussed: Mr. Westmacott and Mr. Clough have appeared and argued on behalf of the Advocate-General and I am very much indebted to them for the very full and able assistance which they have rendered to the Court.3. The suit is one for a declaration that the marriage which to...
Tag this Judgment!Court : Kolkata
Reported in : 113Ind.Cas.49
George Claus Rankin, C.J.1. This is a Rule calling upon the respondents to show cause why a certain memorandum of appeal presented to this Court on the 30th April, 1928, should not be accepted and registered. The question raised is whether or not the applicants have a right of appeal from the decision of a single Judge sitting in second appeal in the absence of a certificate from him that the case is a fit one for appeal. This question arises upon the new Letters Patent which came into effect on the 14th January, 1928.2. The facts are that the suit was instituted on 7th October, 1920, and that after an appeal to the District Court a second appeal was filed in the High Court by the present applicants on 4th October, 1926. Under certain ruled of this Court it was laid before Mr. Justice Mallik for disposal on or about the 4th April, 1928, and on that date the appeal was dismissed, the learned Judge refusing to declare that the case was a fit one for a further appeal.3. In these circumsta...
Tag this Judgment!Court : Kolkata
Reported in : (1925)ILR52Cal1
Chatterjea, J.1. What is meant by the words 'business connection' in Section 41?2. The expression is not defined, but it must mean doing business through a broker or agent or some such person.3. The Advocate-General (Mr. S. R. Das) and the Standing Counsel (Mr. B. L. Mitter), for the Secretary of State. English decisions would hardly be of any assistance to the Court, for the simple reason that the scheme of the English Acts was entirely different from that of the Indian Acts. The Madras decision in Board of Revenue v. Madras Export Company (1922) I. L. R. 46 Mad. 360. was based on the supposition that the law is the same in England and in India. The Indian Act, though to some extent modelled on English statute, materially differs from the latter in several matters. The English Act, as was pointed out in Colquhoun v. Brooks (1889) 14 App. Cas. 493., imposes a territorial limit with regard to income chargeable to income-tax---either (2) that from which taxable income is derived must be ...
Tag this Judgment!Court : Kolkata
Reported in : 84Ind.Cas.705
Ewart Greaves, J.1. This is a Reference by the Additional District Magistrate of Mymen-singh recommending that the case may be ordered to be committed to the Court of Sessions for trial.2. The complainant supports the Reference and the accused opposes it.3. The case commenced in February 1923 in the Court of the Deputy Magistrate of Tangail and involved charges against the accused under Sections 408 and 477-A of the Indian Penal Code.4. At the time the case commenced the charges under s, 477-A were exclusively triable by the Court of Sessions. Since the amended Cr. P.C., came into force charges under Section 477-A are triable by a Magistrate with First Class powers. One of the grounds for the Reference is that the Additional District Magistrate desires a decision as to whether the amended provision of the Cr. P.C, authorising a Magistrate with First Class powers to try offences under Section 477A, applies to cases commenced before the amending Act came into force. Another ground for th...
Tag this Judgment!Court : Mumbai
Reported in : AIR1944Bom274; (1944)46BOMLR470
N.J. Wadia, J.1. The appellants were tried by Blagden J. and a Special Jury at the Fourth Criminal Sessions of 1943 for the murder of a police constable, named Nasiruddin Badruddin, on December 25, 1942, and were convicted and sentenced to death on October 12, 1943. They have appealed to this Court under the provisions of the recent Act, India Act No. XXVI of 1943, under which any person convicted on a trial held by a High Court in the exercise of its Original Criminal Jurisdiction may appeal to the High Court against the conviction on any ground which involves a matter of law only, or with the leave of the appellate Court, or upon the certificate of the Judge who tried the case that it is a fit case for appeal, against the conviction on any ground of appeal which involves a matter of fact only, or a matter of mixed law and fact, or any other ground which appears to the appellate Court to be a sufficient ground of appeal; and with the leave of the appellate Court against the sentence p...
Tag this Judgment!Court : Mumbai
Reported in : AIR1948Bom20; (1947)49BOMLR468
Bhagwati, J.1. At an election held in 1946 for the seat allotted to the Bombay City and Suburban Textile Unions Constituency in the Bombay Legislative Assembly, the petitioner was declared elected a member of the Bombay Legislative Assembly. Respondent No. 4 was one of the contesting candidates and be preferred an election petition on June 12, 1946, to His Excellency the Governor of Bombay praying inter alia that His Excellency the Governor be pleased to appoint Commissioners for the trial of the petition, for a declaration that the election of the petitioner was void and for a declaration that he the respondent No. 4 had been duly elected a member of the Bombay Legislative Assembly for the constituency. On receipt of the election petition a notification was issued from the Legal Department of the Government of Bombay, which after reciting that the election of the petitioner had been called in question by an election petition duly presented under Rule 110 of the Bombay Legislative Asse...
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