Court : Chennai
Reported in : AIR1924Mad420
..... act as meaning:a company registered under the indian companies' act, 1883, or under the acts of parliament, known under the collective title of the companies' acts, incorporated by an act of parliament, or of the governor-general in council, or by royal charter or letters patent.24. this act was amended by act iii of 1897. the amendment act ..... made no change in the law, as regards professional tax. the madras district municipalities act ..... 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 oapital is in shares of a rupee .....
Tag this Judgment!Court : Chennai
Reported in : AIR1924Mad657; (1924)46MLJ274
..... sanction granted by the sub-divisional magistrate, tanjore, for the prosecution of the respondents for an offence under section 188, indian penal code.4. a preliminary legal point is raised by the respondents, namely that, since the new amended cr. p. code has abolished such sanctions and since that is now the law in force in this case, this ..... he revoked the sanction to prosecute the respondents granted by the sub-divisional magistrate of tanjore. the application is under section 195 of the criminal procedure code which has been amended by act xviii of 1923. the old section allowed application to be made by a private party. this has now been abolished by the ..... amended section and no court can take cognizance of any offence punishable under sections 172 to 188 of the indian penal code, except on the complaint in writing of the public servant concerned, etc., or of the .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1924Bom325; (1924)26BOMLR155; 79Ind.Cas.1012
..... no assent to the appropriation of these bales by the defendants so as to bring the case under section 83 of the indian contract act. mr. binning eventually did not dispute this proposition and applied to amend the plaint so as to sue in the alternative for damages though for other reasons he did not formally withdraw his contention ..... soon as the goods have been placed on board, the property passes to the buyer because the goods have been appropriated to them. section 83 of the indian contract act is as follows:--where the goods are not ascertained at the time of making the agreement for sale but goods answering the description in the agreement are subsequently appropriated ..... complete.8. we do not think that on this question there is any material difference between the english law of contract and the law as laid down in the indian contract act. whether the property in the goods has passed in the case of a c. i. f. contract depends entirely on the question whether the seller has parted .....
Tag this Judgment!Court : Mumbai
Reported in : (1924)26BOMLR292
..... its appellate jurisdiction, dated october 13, 1921, should be set aside with costs, and that the decree of mr. justice fawcett, of march 10, 1921, should be amended by inserting after the words 'mentioned in the plaint herein' the words 'containing the notes and glossary printed on pages 83 to 94, both inclusive, of the said ..... these notes were useless because everything in them was to be found in lempriere's classical dictionary or some other classical dictionary. as if the heads of indian pupils at school and students about to present themselves for a matriculation examination in the bombay university were as well stored with classical lore of this nature as ..... out in the following passages from the editions of copinger's 'law of copyright,' published in 1904 and 1915 respectively, i. e., before and after the copyright act of 1911. the passages are supported by the authorities relied upon in those editions. the first passage runs thus (p. 39):-to constitute a true and equitable abridgment .....
Tag this Judgment!Court : Mumbai
Reported in : (1924)26BOMLR595
..... appellant, in the circumstances proved in the case, fell within the protective provisions of section 2 of the indian contract (amendment) act, 1899. it may be convenient to set that section out in full:--2. section 16 of the indian contract act, 1872, is hereby repealed, and the following is substituted therefor, namely:--16.--(1) a contract is said ..... addressing themselves to the authorities cited their lordships think it desirable to make clear their views upon, in particular, sub-section 3 of section 16 of the indian contract act as amended. by this sub-section three matters are dealt with. in the first place the relations between the parties to each other must he such that one is ..... of the parties was such that auseri lal was 'in a position to dominate the will' of the respondent within the meaning of the amended section 16 of the indian contract act. it remains to be seen whether auseri lal used that position to obtain an unfair advantage over the respondent.14. this case was followed .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1924Cal600,79Ind.Cas.520
..... , along with the third defendant, instituted a suit against the first defendant to enforce registration of the documents under the provisions of section 77 of the indian registration act. the defendant contended that the deeds had been materially altered after he had executed them, and pleaded in substance that the documents presented for registration did ..... the contract between the parties. no such defence, however, was attempted to be included in the written statement either in its original form or by way of amendment. oa the other hand the defendant contended at a late stage that interpolations had been made - not after execution as pleaded in the previous suit - but ..... possession or till the expiration of three years from the date of the decree (whichever event occurs first).'16. the result is that, subject to the amendment just mentioned, the decree of the subordinate judge will be confirmed and each appeal will stand dismissed with costs in favour of the plaintiff-respondent. the .....
Tag this Judgment!Court : Kolkata
Reported in : (1924)ILR51Cal588
..... 5th issues are in a groat measure related and cannot conveniently be separated. i propose therefore first to enquire into the relative positions of the parties under the indian contract act, passing therefrom to the question of the admissibility of evidence as to usage or custom, the existence and effect of which i shall then consider, and then ..... the plea. according to the system of pleading in vogue in this country, there is no reply and consequently to avoid all ambiguity, when i allowed the amendment to be made, i directed that an additional written statement should be filed on behalf of the plaintiff by way of reply which has been done.3. the ..... it at the hearing. he denies the alleged extension or that the plaintiff has sustained any damages. at a comparatively recent date the written statement was amended and by the amendment the defendant pleads that though the plaintiff entered into the contracts in the character of agent or broker for an undisclosed principal, in reality there was no .....
Tag this Judgment!Court : Allahabad
Reported in : (1924)ILR46All489
..... in section 69) which were contained in section 85 and following sections, (being really rules of procedure), were cut out of the transfer of property act, and were reproduced with such modifications and amendments as seemed then necessary, and consolidated in order xxxiv. the law has not been materially altered, the only real alteration has been in the volume of ..... his concurrence. i do not think this case is very helpful.29. the next case which i have been able to discover is janki das v. sandal (1911) 9 indian cases 825. that case was similar to the case before us in its facts. there, too, houses of an agriculturist were mortgaged and no exception was taken by the mortgagor ..... course, is binding on us, he decided that under section 60 of the code of civil procedure, following the ruling in niadar singh v. sabit khan (1919) 51 indian cases 553, to which i shall refer later, the houses could not be sold in execution of the mortgage decree.15. the decree-holder comes here in second appeal.16 .....
Tag this Judgment!Court : Mumbai
Reported in : (1924)26BOMLR523
..... of which enough has already been said. particularly there is no reason to sympathise with the plaintiff because it is unreasonable obstinacy which was probably responsible for the refusal to amend the plaint though the objection was stoutly urged on behalf of the defendant. it is, i concede, otherwise, if the plaintiff disagrees with the view which i had taken ..... damages on a wrong basis, the court must refuse to set right the mistake by directing the damages to be calculated in the proper way unless the plaint is amended. in 1919 when hundreds of suits were being filed for breach of contract in this court, i tried many cases in which damages were claimed on the basis of ..... time extended up to the end of march 1919 as alleged?(3) was parol evidence admissible to prove the extension of time having regard to section 91 of the evidence act.(4) if time was extended, what was the amount of damages?(5) if the time was not extended, what damages were proved?(6) what decree should be passed?5 .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1924Bom390; (1924)26BOMLR395
..... is the party's agent and if the pleader is negligent the party must suffer. but i think that even a diligent pleader might overlook an obscure section in an amending act which had come into force only a few months before he was consulted.43. no doubt a mistake of law is per se, no ground for excusing delay. ..... client has already obtained under an existing decree. but in considering the rights of the parties, one must bear in mind the provisions of section 5 of the indian limitation act which in effect may result in an extension of the prescribed period. i also think that the explanation it section 5 his a bearing on the intention of the ..... pleaders advice was erroneous. now i think it clear that the question whether this delay can be excused is a matter of judicial discretion. under section 5 of the indian limitation act, an application for leave to appeal may be admitted after the prescribed period of limitation, when the applicant satisfies the court that he had sufficient cause for not .....
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