Court : Kolkata
Reported in : AIR1924Cal913,83Ind.Cas.446
..... subordinate judge has again dismissed the suit on the 30th september, 1921, without enquiry into the merits. he has held that article 14 of the schedule to the indian limitation act is not appropriate, but that the suit is barred under section 24 of reg. ii of 1819, on the authority of the decision prafulla v. secretary of ..... admitted, unless, upon a perusal of the lower courts's decree and the board's final robukari, the decision should appear doubtful or erroneous.96. the intervening amendments of the regulations complicate the matter to some extent, but the course of legislation prior to 1847 has been described succinctly by sir arthur wilson in delivering the ..... proposed pleading in the time specified in the purwannah. having received the pleading, the revenue commissioner was to revise and correct it, and either record his approval or prepare an amended one, an forward it to the government agent to be filed in the court of the special commissioner. (cir. ord. no. 55, nov. 16, 1835).47. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1924Cal578
..... k.b. 489 may be taken as the types, is futile. nor is foundation laid in the evidence for a case of undue influence under the provisions of the indian contract act; there is no question of confidence reposed and betrayed, much less of domination of his will to obtain an unfair advantage over him, within the meaning of section 16 ..... and 1911 and as lucas had admitted them in april in answer to interrogatories, cross-examination on his behalf was of a fishing character. when the plaintiff bank desired to amend the plaint so as to claim upon the deed of 1914 as a transfer only the application was resisted on the ground that it would be unfair to the defendants ..... of the 4th february, 1914, and no one realised the vital importance of the question of attestation of the mortgage of the 29th june, 1911 till the plaint had been amended on the 6th january, 1919. an application was made to the subordinate judge at the close of the trial for leave to examine stapledon. he refused the application, as, .....
Tag this Judgment!Court : Kolkata
Reported in : (1924)ILR51Cal185
..... 1 k.b. 489 may be taken as the types is futile nor is foundation laid in the evidence for a case of under influence under the provisions of the indian contract act; there is no question of confidence reposed and betrayed, much less of domination of his will to obtain an unfair advantage over him, within the meaning of section 16 ..... 1911 and as lucas had admitted them in april in answer to interrogatories, cross-examination on his behalf was of a fishing character. when the plaintiff bank desired to amend the plaint so as to claim upon the deed of 1914 as a transfer only, the application was resisted on the ground that it would be unfair to the defendants ..... of the 4th february, 1914, and no one realised the vital importance of the question of attestation of the mortgage of the 29th june, 1911, till the plaint had been amended on the 6th january, 1919. an application was made to the subordinate judge at the close of the trial for leave to examine stapledon. he refused the application, as, in .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1924Bom119; (1923)25BOMLR1037
..... vol. xxvii, article 11(2), p. 12; and fry on specific performance, article 468, p. 224. the case, in my opinion, falls under section 115 of the indian evidence act. thirdly, the case of mir sarwarjan v. fakhruddin mahomed chowdhuri was quite different from the present case. in that case the contract for sale was by, or on behalf of ..... raised by the plaintiff and no issue was framed upon that point. in fact it amounts to an inconsistent plea which would require an amendment of plaint (order vi, rule 7, civil procedure code). no such amendment has been asked for. secondly, the plaintiff has by his conduct precluded him-self from raising this point, especially in view of his ..... then under the judicature act of 1873, a succinct account of this will be found in the encyclopedia of the laws of england, vol. ii, at pp. 670, 671. also the stricter rules in england as to pleadings and amendment thereof, compared with those of india, have to be taken into consideration, as pointed out in the lower .....
Tag this Judgment!Court : Mumbai
Reported in : (1924)ILR48Bom259
..... vol. xxvii, article 14(2), p. 12; and fry on specific performance, article 468, p. 224. the case, in my opinion, falls under section 115 of the indian evidence act. thirdly, the case of mir sarwarjan v. fakhruddin mahomed chowdhuri (1911) l.r. indap 1 was quite different from the present case. in that case the contract for sale ..... raised by the plaintiff and no issue was framed upon that point. in fact it amounts to an inconsistent plea which would require an amendment of the plaint (order vi, rule 7, civil procedure code). no such amendment has been asked for. secondly, the plaintiff has by his conduct precluded himself from raising this point, especially in view of his ..... then under the judicature act of 1873. a succinct account of this will be found in the encyclopedias of the laws of england, vol. ii, at pp. 670, 671. also the stricter rules in england as to pleadings and amendment thereof, compared with those of india, have to be taken into consideration as pointed out in the lower .....
Tag this Judgment!Court : Kolkata
Reported in : 81Ind.Cas.353
..... because it is done in furtherance of the common intention of them all.134. the fact that the words 'in furtherance of the common intention' were inserted by an amending act of 1870, makes no difference to the meaning. in either view of the section, the qualification, if not expressed, would necessarily have to be implied.135. no ..... direction or non-direction, as also erroneous reception or exclusion of evidence. in cases of misreception of evidence, the court was faced with section 167 of the indian evidence act and felt constrained to consider whether the balance of evidence left after exclusion of what had been erroneously admitted was sufficient to support the conviction. in cases ol ..... 34.74. in the indian penal code, as enacted in 1860, section 34 was expressed in the following terms :when a criminal act is done by several persons, each of such persons is liable for that act in the same manner as if it were done by him alone.75. in 1870 the section was amended by the insertion of .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1924Cal257
..... because it is done in furtherance of the common intention of them all.79. the fact that the words 'in furtherance of the common intention' were inserted by an amending act of 1870, makes no difference to the meaning. in either view of the section, the qualification, if not expressed, would necessarily have to be implied.80. no ..... direction or non-direction, as also erroneous reception or exclusion of evidence. in cases of misreception of evidence, the court was faced with section 167 of the indian evidence act, and felt constrained to consider whether the balance of evidence left after exclusion of what had been erroneously admitted was sufficient to support the conviction. in cases of ..... section 34. in the indian penal code as enacted in 1860, section 34 was expressed in the following terms:when a criminal act is done by several persons, each of such persons is liable for that act in the same manner as if it were done by him alone.26. in 1870 the section was amended by the insertion of .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1924Cal476
..... assumption could be made it would be of no avail. section 45 of the code of criminal procedure amendment act, 1923 (act xviii of 1923), no doubt came into operation on the 1st september, 1923. section 45 of the amending statute modified clause (b) of section 190 so as to authorise a magistrate to take cognizance of ..... courts will henceforth be less fettered than before. in the case before us, the offences attributed to the petitioner are those mentioned in sections 400 and 401, indian penal code. the maximum sentence under the former section is transportation for life; under the latter section, rigorous imprisonment for seven years. this court has not ..... confession.in the circumstances, i pray that the accused be remanded pending judicial verification and investigation with a view to their prosecution under sections 400 and 401, indian penal code.4. then follow the names of the persons produced; the list includes the name of the petitioner who is described as 'nagendranath chakrabarti alias .....
Tag this Judgment!Court : Kolkata
Reported in : (1924)ILR51Cal402
..... assumption could, be made, it would be of no avail. section 45 of the code of criminal procedure amendment act, 1923 (act xviii of 1923), no doubt came into operation on the 1st september, 1923. section 45 of the amending statute modified clause (b) of section 190 so as to authorise a magistrate to take cognizance of an ..... courts will henceforth be less fettered than before. in the case before us, the offences attributed to the petitioner are those mentioned in sections 400 and 401, indian penal code. the maximum sentence under the former section is transportation for life, under the latter section, rigorous imprisonment for seven years. this court has not been ..... by inspector hem chandra lahiri of the calcutta police, asserts that he is a motor mechanic and driver and holds certificates of good character from various gentlemen, indian and european, who have employed him during the last ten years. he further alleges that at the time of his arrest his house was thoroughly searched, but .....
Tag this Judgment!Court : Chennai
Reported in : (1924)ILR47Mad262
..... rupees according as its capital is more or less in lakhs of rupees, or, in cases where the capital is an exact amount reckoned in lakhs, then, by the amended act, on that amount. it is contended that that limits the application of the tax to companies whose capital is in shares of a rupee denomination. i do not think ..... companies whose nominal capital is usually expressed in the currency of some other country. i am not sure that there would be anything illegal or impossible in an indian company registering itself under the act with its capital in pounds or francs, and if it could do so, it would, under the construction contended for, escape the tax. if it ..... had been intended by the legislature to tax only indian companies with a rupee denomination of capital, the natural place for such limitation would have been in the section .....
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