Court : Allahabad
Reported in : (1922)ILR44All401
..... is to be found, except in regard to cases brought before the high court in the exercise of its ordinary original criminal jurisdiction, in the code of criminal procedure (act v of 1898). this is clear from section 29 of the letters patent of this court. we have, therefore, to examine the criminal procedure code in order to discover whether ..... 409 could lie on the facts, and dismissed the case acquitting the accused persons. he commented severely upon the two applicants, holding that they had been disingenuous and acted with malice while giving their evidence. we are informed that the district magistrate did not agree with the magistrate who tried the case upon these points and that he ..... view which we take to the effect that the word 'amendment' means amendment of an effective order, we refer to a decision of a bench of this court, emperor v. ram piyari (1909) i.l.r. 32 all. 153, where a woman was convicted under section 325 of the indian penal code and sentenced to a month's imprisonment. the .....
Tag this Judgment!Court : Allahabad
Reported in : 66Ind.Cas.1005
..... to be found, except in regard to cases brought before the high court in the exercise of its ordinary original criminal jurisdiction, in the code of criminal pro***sadure (act v of 1838) this is clear from section 29 of the letters patent of this court. we have, therefore, to examine the criminal procedure code in order to discover whether ..... section 409 could lie on the facts, and dismissed the case acquitting the accused persons. he commented severely upon the two applicants holding that they bad been disingenuous and acted with malice while giving their evidence. we are informed that the district magistrate did not agree with the magistrate who tried the case upon these points and that he ..... the effect that the word amendment' means amendment or an effective order, we refer to a decision of a bench of this court, ram piyari v. emperor (6) 5 ind. cas. 696 : 32 a. 158 : 7 a. l. j. 103 : 11 cr. l. j. 203, where a woman was convicted under section 325 of the indian penal code and sentenced to .....
Tag this Judgment!Court : Mumbai
Reported in : (1922)24BOMLR416; 67Ind.Cas.852
..... to justify that demand, and that the obvious way to remove the difficulties which arise in cases like the present one was to amend the second schedule so as to make it clear that only valuable indian shawls were intended to be included therein, i am not prepared to differ from the view taken by my brother shah which is ..... (1912) cal. 1029 which was a second appeal and the court considered that the real question at issue was whether the word 'shawls' in the second schedule of the indian railways act was meant to apply to all shawls, or only shawls of a particular material and value, and not whether 'alwans' were or were not shawls. the term 'shawls' ..... j.10. the only question in this second appeal is whether the piece goods contained in the missing parcel were 'shawls' within the meaning of schedule ii of the indian railways act ix of 1890.11. the importance of the question is that if the parcel contained 'shawls' the railway company would not be liable for the loss, as the declaration .....
Tag this Judgment!Court : Chennai
Reported in : (1922)43MLJ271
..... judgment about to be delivered by my learned brother which sets out the facts, the matter arises under section 70 of the indian contract act. the respondent in this case does not dispute that he has had the benefit of the 1st plaintiff's action but he ..... cheques for his share of the amount realised in execution.11. it was contended by mr. padmanabha aiyengar that the order on the amendment petition was a decree and the defendant was a judgment-debtor and he could not be asked to contribute after 3 years. in the ..... first place the order on the amendment petition' was not a decree and secondly the cause of action could not arise before the defendant received the benefit of the ..... and the 1st defendant cannot now be heard to say that he did not give his tacit consent to the application for amendment. if he had remained ex parte and had taken no interest in the proceedings the matter might have been different; but .....
Tag this Judgment!Court : Chennai
Reported in : AIR1924Mad257
..... the english courts. i do not think too much importance should be attached to the terminological significance of the words 'period' and 'series' which are the expressions used in the indian act. but it is clear that such considerations, if invoked, tend to support the contention of the crown. in the case of the word 'period' it is incontestably so, for ..... h viable were the suits instituted in those courts, with a proviso that the fee shall, in do case, be less than rs. 150. this notification states that the amendments 'do come into force from the date of publication in the fort st. george gazette.'9. a gazette extraordinary was issued on the 5th of may, 1922, containing the ..... that i can to this case and the circumstances and the subject-matter of this notification, in my judgment, the plaints filed on may 5th are subject to the amended rules, and it must i be declared accordingly.coutts-trotter, j.4. the short point for our decision is whether the new scale of fees applies to the plaint .....
Tag this Judgment!Court : Mumbai
Reported in : (1922)24BOMLR853
..... three arbitrators it is important to remember in resolving this point that the act is an act to amend the law relating to arbitration. it does not deal with the whole law of arbitration and it must be construed strictly in that it confers special ..... on the court, and that those powers do not exist under the inherent jurisdiction. he says at p. 326:the appeal involves a point of importance. the indian arbitration act applies to the appointment of a single arbitrator and in certain cases to the appointment of two arbitrators. does it apply in any case to the appointment of ..... it is an arbitration without the intervention of the court and it comes under the indian arbitration act 1899, the preamble of which runs: 'whereas it is expedient to amend the law relating to arbitration by agreement without the intervention of a court of justice'. that act, however, does enable the parties to get the assistance of the court in certain .....
Tag this Judgment!Court : Mumbai
Reported in : 75Ind.Cas.221
..... three arbitrators? it is important to remember in solving this point that the act is an act to amend, the law relating to arbitration. it does not deal with the whole law of arbitration and it must be construed strictly in that it confers special ..... those powers do not exist under the inherent jurisdiction. he says at page 832 page of 43 b.--[ed.]the appeal involves a point of importance. the indian arbitration act applies to the appointment of a single arbitrator and in certain cases to the appointment of two arbitrators. does it apply in any case to the appointment of ..... it is an arbitration without the intervention of the court and it comes under the indian arbitration act, 1899 the preamble of which runs: 'whereas it is expedient to amend the law relating to arbitration by agreement without the intervention of a court of justice.' that act, however, does enable the parties to get the assistance of the court in certain .....
Tag this Judgment!Court : Mumbai
Reported in : (1922)24BOMLR1167; 76Ind.Cas.433
..... court charter, and that this was the conjoint effect of section 130 of the government of india act 1915; sections 8, 9 and 11 of the indian high courts act 1861; section 18 of the original letters patent of 1862; section 19 of the amended letters patent of 1865; and certain other clauses of the supreme court charter 1823 advocate general of ..... supreme court's charter at any rate in certain particulars. i may refer in particular to sections 106 and 130 of the government of india act 1915, and to clauses 32 and 33 of the amended letters patent of 1865.40. accordingly, i have been referred to some old admiralty rules of this court of 1867, some of which are ..... now used in...england '.39. we know that in the year 1861 or thereabouts the supreme court and the east indian company's courts were amalgamated and became our present high court. and then began the indian high courts acts and the charters which i have referred to. they will be found to continue in effect our admiralty jurisdiction, and .....
Tag this Judgment!Court : Mumbai
Reported in : (1922)24BOMLR902; 75Ind.Cas.617
..... remunerated for their services, is a circumstance which tells against their contention.7. as regards the point of limitation, the only article relied upon is article 120 of the indian limitation act. but i do not see how it could be said that the fact of the sanad having been granted to the defendant constitutes a cause of action upon which the ..... for him to institute the present suit. the article 120 does not apply to the case, as there is a claim for possession. it is also clear that the amendment of the plaint was very properly allowed. it would be quite wrong to allow the strangers who are alienees to continue to hold possession of the devasthan land, and if ..... the defendants in which the property was described as the private property of the holders. further it is urged that the plaintiff's claim is time-barred and that the amendment as to the claim for possession should not have been allowed.5. as regards the first point, which is clearly the only point of importance in the case, it .....
Tag this Judgment!Court : Kolkata
Reported in : 71Ind.Cas.124
..... part in it.7. in regard to the exposition of, sections 372 and 373, indian penal code, i wish to point out that the learned judge was wrong in referring to the amendments, proposed in 1914, for they have not become part of the law, and also ..... became a mussalman, and that erfan wanted to warry the girl.3. so far as the charges under sections 572 and 373, indian penal code, are concerned, the age of the girl is an essential point. it was necessary for the prosecution to prove that ..... judge sentenced abdul gohur to three years rigorous imprisonment, and the other two to tour years rigorous imprisonment each, all under section 366, indian penal code, but did not pass any separate sentences on the other charges.2. the girl in the case is sukhoda, the ..... she was brought there. the learned judge has not said anywhere in his charge what act on the part of abdul gohur could render him liable to, a charge. under section 366, indian penal code; he took no part in bringing the girl to his own house: .....
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