Court : Kolkata
Decided on : Mar-15-1939
Reported in : AIR1939Cal746
..... the commissioner wrote to the company's solicitors stating that the security deposit could not now be refunded. at this time a prosecution for offences under the excise act and the indian penal code was pending in the magistrate's court at ali pore against david ezekiel, who was an endorsee of the note and was also interested in ..... assets of the company. the decree gave mrs. ezekiel liberty to realize the assets and proceed with pending suits, which had been instituted by the official receiver. consequential amendments to the plaint were made on 22nd june 1938, in accordance with which mrs. ezekiel has become plaintiff in the place of the official receiver. the reliefs sought include ..... limited and unequivocal refusal to part with the note on the part of the government. i do not think any useful purpose would be served by insisting on an amendment of the plaint setting out these facts. in my opinion it was the duty of the government to return the note, and that, under the well-known principle .....
Tag this Judgment!Court : Kolkata
Decided on : Mar-31-1939
Reported in : AIR1939Cal435
..... jurisdiction. by reason of section 106, this high court has now and will continue to have till the amendment of its letters patent by his majesty or till the indian legislature intervenes, the same jurisdiction and powers which it had under the repealed indian high courts act. the powers of the provincial legislatures are defined in section 80-a. they have power to make ..... 44 of the letters patent the provisions of the letters patent are subject to the legislative powers of the indian legislature. by section 106(1a) of the act the letters patent establishing or vesting jurisdiction, powers or authority in a high court may be amended from time to time by his majesty by further letters patent. it is therefore clear that the jurisdiction .....
Tag this Judgment!Court : Kolkata
Decided on : May-24-1939
Reported in : AIR1939Cal628
..... was normally bound to order execution upon the application of the decree-holder. this was the 'existing indian law' within the meaning of section 311(2), government of india act, 1935, when the impugned assam act came into operation. this amending act, amongst other things substituted new sections 10-a, 10.c and 10-d for the old sections ..... of the subordinate judge's order of 16th november 1938 on the ground, amongst others, that the aforesaid section 10-c inserted by the court of wards amendment act did not and could not affect his right to proceed with the execution under the provisions of the civil procedure code. on 31st january 1939, the subordinate judge granted ..... court of 'wards in assam had taken possession of the property of the mortgagor and that in consequence, section 10-c inserted by the assam court of wards amendment act, 1937 (which was passed by the assam legislature after 1st april 1937) operated as a bar to execution. subsequently,' there was an application on behalf of .....
Tag this Judgment!Court : Kolkata
Decided on : Aug-01-1939
Reported in : AIR1940Cal406
..... rules apparently did not think it necessary to define the expression 'young clearings' but the expression 'replanted areas' was defined with special reference to certain amendments in chapter iii of the act. had any definition of 'young clearings' been thought necessary it might possibly have been to the effect that 'young clearings' means 'young areas planted ..... documents of the case with which we are now dealing and also to some passages in the administration report of the indian tea licensing committee for the period from 1st april 1933 to 31st march 1938. he maintains that these documents show that both the central government and the ..... of the rules.9. the learned advocate-general of bengal asks me to reconsider the views which i expressed on this point in sundarpur tea estate v. indian tea licensing committee royal exchange : air1939cal508 and, in this connexion, he has referred me to certain portions of the correspondence contained in the brief of the .....
Tag this Judgment!Court : Kolkata
Decided on : Dec-18-1939
Reported in : AIR1940Cal153
..... the naming of the chairman as the defendant. this was therefore a case where a misdescription was corrected and not a case where a new party was impleaded by the amendment. such was the view taken by jack j., and it is a view supported by the decisions in gopiram behariram v. e.i. ry. & o. & r. ry. (1926 ..... . but the plaint speaks for itself and it is quite impossible for us to have recourse to extrinsic evidence. a personal decree was sought against the agent, east indian railway, and there is no suggestion in the plaint that it was sought to bind the railway company by any decree that the plaintiff might obtain1 against the defendant. ..... against the chairman of the commissioners instead of against the commissioners themselves. the mistake appears to have been discovered subsequently and the plaint was amended on 5th june 1934, so as to implead the municipal commissioners themselves as required by the new act. the point now taken before us on behalf of the appellant is that the suit in its .....
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