Court : Kolkata
Reported in : 64Ind.Cas.571
..... step-in-aid of execution, in order that it may. be in accordance with law, within the meaning of article 182 of the schedule i to the indian limitation act, must be one praying for some relief which the court is competent to grant. the three reliefs which the decree-holder sought were undoubtedly within the competence of ..... as stated in the eighth column of the tabular statement was incorrect; and thirdly, that the tenth column had not been duly filled up the application was not amended and re-filed within the time allowed. but a third application was presented on the 12th december 1919 the question in controversy is whether this application is or ..... three years from the date of the first application for execution a second application for execution was made on the 22nd may 1917. the court returned this application for amendment on three grounds, namely, first, that the date of the disposal of the previous execution case had not been correctly stated; secondly that the calculation of the dues .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1921Cal277,66Ind.Cas.923
..... appeal, substantially on four grounds, namely, first, that the suits were barred by the three years rule of limitation under articles 46 and 47 of the schedule to the indian limitation act; secondly, that the trial of the suit instituted in the court of the subordinate judge is barred by the provisions of order ii, rule 2 (2) of the ..... the date when it was ordered to be registered. there was no defeat in the verification; even if there had been a defeat, the court could allow an amendment at any stage; such amendment would not have made the suit open to objection on the ground of limitation: rojit ram v. katesar nath 18 a. 396; a. w. n. (1896) 102 ..... to destroy the title of the true owner. possession to be adverse must be actual, visible, exclusive and hostile, and a distinction must be made between continuous adverncoaauaation and isolated act of trespass. to use the language of bramwell, l. j. in leigh v. jact (40) whijh is quoted wish approval by lord sumner in basunta kumar boy v. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1921Cal584,66Ind.Cas.433
..... ) 18 a. 4' 8; a.w.n. (1893) 158 : 8 ind. dec, (n. s) 1025. to show that such evidence would not be admissible under section 35 of the indian evidence act. these cases were doubted in monindra mohan rcy v.' ram krishna (9) 28 ind, cas 595 : 21 c. l. j. 621. where the recital in a guardianship certificate was held ..... minor will be willing to discharge his duties towards his ward by acceptance of the office of guardian for the suit. the position under the code of 1882, after its amendment in 1890, thus was that there was no specific prohibition against the appointment of a person as guardian for the suit without his consent though there were judicial decisions, such ..... c. 866 : 10 lnd. dec. (n. s.) 1209. and shanmnga chitty v. narayana aiyar (21) 41 lnd. cas. 510 : 40 m. 743. favour a liberal view and sanation the necessary amendments to validate the sail; sheorania v. bharat singh (22) 20 a. 90; a, w.n. (1837 : 203 : 9 lnd. dec. (n. s.) 417. and saranvui v. seshiyya (23) 28 m .....
Tag this Judgment!Court : Chennai
Reported in : (1921)41MLJ530
..... of law for the recovery of money has to be strictly construed. i must answer the question in the negative - merely adding that it is worth consideration whether the act should not be amended in this respect.kumaraswami sastri, j.7. i agree. the word 'tenant' ordinarily means a person who holds lands or buildings of another in consideration of a premium ..... recovered from the individual concerned; if so, the collocation is to say the least unfortunate and in the absence of authority as to the use of the word 'tenant' in indian enactments in the english law sense, i must reluctantly hold that the word 'tenants' is confined to those who pay rent to the proprietor. i would therefore answer the reference ..... tenant of the i owner of the estate.9. i do not think that the english law as to land tenures affords much help in construing the word tenant in indian enactments. even an absolute owner of land is spoken of as a tenant in fee simple. it would think lead to many anomalies if we were to hold that .....
Tag this Judgment!Court : Chennai
Reported in : (1922)ILR65Mad1
..... of law for the recovery of money has to be strictly construed. i must answer the question in the negative, merely adding that it is worth consideration whether the act should not be amended in this respect.kumaraswami sastri, j.8. i agree. the word 'tenant' ordinarily means a person who holds lands or buildings of another in consideration of a premium ..... from the individual concerned; if so, the collocation is, to say the least, unfortunate, and in the absence of authority as to the use of the word 'tenant' in indian enactments in the english law sense, i must reluctantly hold that the word 'tenants' is confined to those who pay rent to the proprietor. i would therefore answer the reference ..... a tenant of the owner of the estate.11. i do not think that the english law as to land tenures affords much help in construing the word 'tenant' in indian enactments. even an absolute owner of land is spoken of as a tenant in fee simple. it would, i think, lead to many anomalies, if we were to hold .....
Tag this Judgment!Court : Mumbai
Reported in : (1922)24BOMLR16
..... of inferior court, the high court had the same jurisdiction. but the chief justice was not prepared to hold that jurisdiction was given by section 15 of the indian high courts act which gave powers of superintendence with regard to subordinate courts.16. in rex v. parke a person having been charged before the petty sessions with an indictable ..... 25 vic. c. 104, now replaced by sections 106 and 107 of 5 & 6 geo. v, c. 61 and of the letters patent of 1862 replaced by the amended letters patent of 1865, particularly clauses 21 to 28 relating to the criminal jurisdiction of this court clearly show that the jurisdiction and powers of the high court are defined ..... provisions shows that in india while certain contempts committed 'in view or the presence of the court' are made punishable, there is no provision in the indian penal code or any other indian act for punishing such contempts committed in the absence of the court as in the present case. it may be that the presiding judge may be able .....
Tag this Judgment!Court : Mumbai
Reported in : (1922)24BOMLR50
..... applicant under the said amended rule and sentenced him to pay a fine of one rupee. the applicant has applied to ..... the rules published on the 18th december 1918. the applicant contended that the said rule as amended was and is ultra, vires of the powers conferred on the local government by sections 10 and 11 of the indian motor vehicles act, 1915, and that the same was invalid and of no effect. the third presidency magistrate, however, convicted the ..... prescribed manner, and in order to come within the provisions of section 10 of the act he was liable to be charged with a fresh fee before he could get his certificate renewed.11. now it is contended by the applicant that the amendment of the rules by the local government limiting the duration of time for which a .....
Tag this Judgment!Court : Chennai
Reported in : 66Ind.Cas.520; (1922)42MLJ21
..... be based on the policy of the statutes as a whole as well as the terms of the particular provision under construction, the railways act, as its preamble states is intended to consolidate, amend and add to the law relating to railways. but there are, and, in view of the complexity of modern railway working, must be ..... nor, if it were not reserved, would it necessarily be available to provide them with increased accommodation. and secondly there is no reason for supposing that anglo-indians contrary to their own convenience use the unreserved portion of a train in preference to that reserved for them to an extent, which affords a grievance of any ..... rolling-stock as well as passengers, animals and goods'. i therefore turn at once to the contention, on which accused rely, that the reservation of accommodation for anglo-indians or any other class of passengers is an undue or unreasonable prefereice in favour of a particular description of traffic, which section 42(2) forbids.8. this contention .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1922Cal59,67Ind.Cas.177
..... the rule laid down in the english cases should be taken to bind the court in construing the indian act in question: secondly, it is to be noted that the code of criminal procedure is an act for consolidating and amending the law relating; to criminal procedure, and in my judgment the principle of construction laid down ..... to discover whet the law was, extracting it by a minute critical examination of the prior decisions.... 'applying that principle to the sections of the consolidating and amending act now under consideration, and giving to the language of the sections the natural meaning, in my judgment the magistrate had jurisdiction to decide the questions before him ..... canons without resort to an adventitious presumption recognised it may be, in england, but not sanctioned by general principle and not authorised by anything in the indian general clauses act; which is itself, so far as it goes, a statutory code of construction. it is for the legislature when it create) a new jurisdiction to .....
Tag this Judgment!Court : Mumbai
Reported in : (1922)24BOMLR323; 67Ind.Cas.322
..... in this connection be made to the material words in section 19(1) which are that 'the recording officer may investigate and decide such dispute, and frame or amend the settlement register accordingly.'16. finally, it was contended for the appellants that the entry in question may be regarded as a 'decision' of the recording officer based ..... 7. for the determination of this question it becomes necesary to examine the material provisions of sections 16 to 21 which come under part iii of the said act.8. section 16 provides that the settlement register prepared under section 108 of the bombay land revenue code 1879, shall show whether a particular survey number is ..... of this suit. the third issue was : whether the said entry in the botkhat was a ' decision' within the meaning of section 21 of the khoti settlement act 1880, so as 'to give finality against plaintiff, and what would be its effect ?'4. the learned judge held that the plaintiff had satisfactorily established his title and .....
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