Court : Kolkata
Reported in : 95Ind.Cas.536
..... the judgment his remark must be regarded as obiter. it is also brought to our notice that in section 12 of the embankment act (act xxxii b. c. of 1855) and in section 40 of the indian railways act (act ix of 1890) the words 'final and conclusive' are followed by the words 'and not open to question in the civil court ..... of that section. but the only provisions of that regulation as also of the regulations by which , it has been amended, which are made applicable to an enquiry by the commission by section 60 of the act are those dealing with the powers of the collector making a settlement of land revenue. section 29 of the regulation is not ..... ' in inquiring into such question the commission shall, as far as may be necessary for the purposes of this act exercise all such and the same powers as are conferred by regulation vii of 1822 and the regulations and acts amending the same upon a collector making a settlement of land revenue.' section 61. 'such commission shall demarcate the boundaries .....
Tag this Judgment!Court : Mumbai
Reported in : (1926)28BOMLR855
..... last year in which anyone proposes that bhawan gir was seen alive. the plaint itself accordingly discloses a state of things to which article 144 of the indian limitation act is applicable. in such circumstances it may well be that it is the obligation of the plaintiff by the law of india a as it is by ..... recovered certain portions of the properties in question. as so amended they were heard at length by the learned subordinate judge, and, on appeal, by the high court at patna, where many issuee were raised and strenuously contested. ..... had, it was alleged, been alienated without warrant by bhawan gir, deceased, the immediate predecessor as mahant of the plaintiff. the suits, as they progressed, were amended by the joinder as co-plaintiffs of three persons to whom in consideration of their supplying funds for the conduct of the litigation ramrup gir had agreed to transfer when .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1926All217
..... would make the application before an order of abatement has been made. a fortiori there would be no necessity for granting further time under section 5 of the indian limitation act for making an application for setting aside an abatement.11. we accordingly direct that the papers be laid before the honourable chief justice for consideration whether the ..... a suit cannot be dismissed automatically does not apply to an automatic abatement of a suit. the legislature has not only amended the code of civil procedure but has also similarly amended article 171 of the new limitation act. now, the application is to set aside an abatement, and 60 days begin to run from the data of the ..... remarked: 'as no application was made in this case to bring on the record the legal representative of the deceased respondent within the six months prescribed by the limitation act this appeal has abated.' they then went on to say 'we accordingly declare that the appeal has abated.'8. under order 22, rule 4(3) it is .....
Tag this Judgment!Court : Mumbai
Reported in : (1926)28BOMLR471; 95Ind.Cas.49
..... . on the affidavits it appeared that the other two children were outside the limits of the appellate jurisdiction of this court, so the judge allowed the petition to be amended by making it clear that it was a petition not only under section 491, criminal procedure code, but also for the exercise of the common law power of this court to ..... 's counsel was, therefore, forced to argue that because certain of the common law powers already possessed by the high court were expressly granted by an enactment of the indian legislature, it must necessarily follow that the rest of those powers which were not expressly so granted were thereby withdrawn. we cannot accede to that argument. in my opinion ..... an order for the issue of a writ of habeas corpus, even when made ex parte, was an 'order' within the purview of the appeal section of the judicature act. after referring to the decision in the queen v. barnardo (1889) 23 q.b.d. 305 and after expressing his disapproval of the law as laid down therein, .....
Tag this Judgment!Court : Mumbai
Reported in : (1926)28BOMLR490
..... (b). further, the magistrate has referred in his complaint to section 182 specifically and it may be that it would be possible to confine the complaint by amendment or otherwise to section 182. but here we have a different question of jurisdiction, because we have not on that hypothesis a complaint similar to that for which ..... never intended that this should constitute a 'charge' by him, or amount to the institution of any criminal proceedings within the meaning of section 211 of the indian penal code. the district magistrate on the other hand took the view, as appears from the above complaint, that the applicant was making a formal charge of ..... the sub-divisional magistrate of dharwar, against the present applicant, pampappa ballalrao desai, requesting that pampappa be tried for an offence under section 211 or 182 of the indian penal code or such other offence as the inquiry may disclose during the trial, pampappa presented an appeal to mr. ferrers, the sessions judge, praying that this .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1926Cal1203
..... legislature was drawn to the provisions of the indian limitation act (see in this connexion article 150-a of the limitation act), and while the legislature introduced deliberately the amendments which were embodied in act 12 of 1923, viz., the criminal procedure code (amendment act) they did not choose to amend or modify in any way the provisions of ..... article 155 of the limitation act. the appeal that the prisoner seeks to ..... is alleged to have been celebrated in 1861. attention has been drawn to the provisions of section 32 of the indian evidence act. before we can apply section 32 of the indian evidence act, there must be statements in the affidavit itself free from all inherent weaknesses. we are not satisfied that fuller .....
Tag this Judgment!Court : Chennai
Reported in : AIR1926Mad865; (1927)52MLJ210
..... take cognizance of' (here follow the description of certain definite offences) 'except' or 'unless', etc. the amended criminal procedure code of 1923, which was in force when the sub-magistrate took cognizance of the offence under section 211, indian penal code, as well as when devadoss, j., delivered his judgment in this case and that reported in ..... only requires that the magistrate, who takes cognizance of an offence under section 190, sub-section (1), clause (a) or (b) without having jurisdiction, should act in good faith though erroneously, to make his proceedings valid. the learned judge proceeds to consider the case of chidambaram pillai v. emperor 19 mlj 81, and the ..... of a non-cognizable offence, would the magistrate be entitled to refer it to the police for enquiry under section 202 of the criminal procedure code? could he act without the security of a definite information being given him against the accused? these are some of the consequences that will ensue if an ordinary police .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1926Cal1077
..... the law.23. the learned pleader for the respondents urged a further contention before us that inasmuch as the application had been returned to the decree-holder for amendment, and the amendment was not effected within the time appointed by the court, the application must be regarded as though it never had been made; and he cited gopal sah ..... defects that can vitiate an application.13. the full bench adopted the view, which must now be taken as settled, that if an application for execution returned for amendment and not re-filed within the time allowed by the court under order 21, rule 17, civil procedure code, is in substantial compliance with the provisions of the code, being ..... the application by the decree-holder of the 25th august 1923 was an application in accordance with law, under article 182(5) of the limitation act. there is wide divergence of view of the indian courts on this matter. the high court of allahabad in the case of kifayet ali v. ram singh [1885] 7 all. 359 held that .....
Tag this Judgment!Court : Mumbai
Reported in : (1926)28BOMLR879
..... these reasons i hold that the court in passing the decrees in question was competent to deliver the judgment it did within the meaning of a 44 of the indian evidence act; and also that the court had sufficient jurisdiction to bring the case within section 11 of the civil procedure code. the question, therefore, whether that judgment is res judicata under ..... , unless and until it was overruled by proper authority, whether by a full bench or by the privy council, or until it was superseded by some legislative enactment or amendment of the letters patent. for the court to say that, in such circumstances, the decrees passed by that court are pure nullities, though the court, according to authority ..... that statement. some of these are: eyre v. wynn-mackenzie [1896] 1 ch. 135; day v. kelland [1900] 2 ch. 745 and poulton v. adjustable cover and boiler block com-pany[1903] 2 ch 43in the first of those two cases a statute had altered the law, but it was held that the statute could not operate in .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1926Cal862
..... in this section does not mean that the court will not presume the entries to be correct until the contrary is shown. this section, 147b, was inserted in the act by the amending act i of 1907 and it seems to me that it was inserted as a matter of abundant caution directing the attention of the court to the fact that, in ..... it might, however, be argued on behalf of the appellants that the record-of-rights having been prepared under chap. x of the bengal tenancy act, which is an act, according to its preamble, to amend and consolidate certain enactments relating to the law of landlord and tenant, should not be used as evidence in a case which is not one between ..... regard to a register of minhaidari villages as follows:now, clearly the register is an official document and, therefore, it is admissible in evidence under section 35 of the indian evidence act. it may be possible that, in the case of such a document, if it could be shown that any particular part was in excess of the official duty by .....
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