Court : Mumbai
Reported in : AIR1927Bom424; (1927)29BOMLR418; 103Ind.Cas.225
..... the hands of the defendant.5. the first point is whether the suit is barred by limitation. the plaintiff's learned counsel contends, firstly, that section 10 of the indian limitation act applies in this case. in my opinion, that section does not apply. firstly, because the suit is not one by the beneficiary and, secondly, because the deceased ratanlal ..... has a good cause of action. i am referring to the cause of action which would enable the beneficiary to sue for an account of the property. the application for amendment is, therefore, disallowed.12. [after recording findings on issues, the judgment proceeded:] i wish it to be clear that the plaintiff' is not entitled to an account of ..... , took some evidence. i think now that i am in a position to make the order of reference.11. one other point remains. the plaintiff applied for an amendment of the pleading by adding the minor daughter of buchibai as a co-plaintiff or as a defendant in the suit under order i, rule 10. 1 am of opinion .....
Tag this Judgment!Court : Chennai
Reported in : (1927)52MLJ108
..... for taxation is made. we may take the converse case. supposing the railway administration had been declared liable to pay house tax, and afterwards the municipalities act was amended and the so-called house tax was made leviable in such a manner as to have nothing at ail to do with houses. in such a case as ..... merely to the particular purpose to which this notification was confined. it is impossible to accept such a contention. the reference is to section 135 of the indian railways act and the expression 'on the subject' should only be construed as relating to the liability of railway, administrations to taxation by local bodies.8. it then ..... council form any railway administrations. they are therefore treated like all other legal persons and like all other companies. but under section 135 of imperial act (ix of 1890), the indian railways act, it is provided as follows: notwithstanding anything to the contrary in any enactment or in any agreement or award based on any enactment, the .....
Tag this Judgment!Court : Chennai
Reported in : AIR1927Mad363; 100Ind.Cas.280
..... for taxation is made. we may take the converse case. supposing the railway administration had been declared liable to pay house tax, and afterwards the municipalities act was amended and the so called house tax was made leviable in such a manner as to have nothing at all to do with houses. in such a case as ..... merely to the particular purpose to which this notification was confined. it is impossible to accept such a contention. the reference is to section 135 of the indian railways act and the expression 'on the subject' should only be construed as relating to the liability of railway administrations to taxation by local bodies.12. it then ..... from any railway administrations. they are, therefore, treated like all other legal persons and like all other companies. but under section 135 of imperial act (ix of 1890), the indian railways act, it is provided as follows:notwithstanding anything to the contrary in any enactment or in any agreement or award based on any enactment, the following .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1926All760; 97Ind.Cas.129
..... a preliminary objection is taken on behalf of the respondent that no second appeal lies. there is undoubtedly, some conflict of opinion on this question. the provincial small cause courts act has been amended and sub-clause (ii) has been added to clause 35, and clause 43(a) added to clause 43. under clause 35(ii) a suit for compensation for an ..... may be some doubt in holding that a suit for recovery of the price of a tree already cut away is a suit for compensation for an act which is an offence under the indian penal code. in case of suits for compensation for criminal trespass or mischief, for instance, it is conceded that there will be no difficulty in holding that ..... act which is or, save for the provisions of ch. 4 of the indian penal code, would be an offence punishable under ch. 17 is exempted. similarly under clause 43(a) a suit .....
Tag this Judgment!Court : Mumbai
Reported in : (1926)28BOMLR1325
..... final decree, the period of limitation for that application would begin to run from the time the right to apply accrues under art, 181 of schedule i of the indian limitation act, which would mean the date on which the payment is properly made under the decree, i, e,, on the date originally fixed, or such date as may be ..... were not considered necessary in sub-rule.(1).10. assuming, however, that an application was necessary, it is not suggested in the present case that the formal application for amendment of the original darkhast with a view to get the final decree was not made within three years from the date on which the plaintiffs paid the amount into court ..... decree was not barred by limitation. this last finding on the question of limitation related to the contention of the defendant that the application made in january 1923 for amendment of the darkhast of july 23, 1921, for passing the final decree was barred as having been made more than three years after the expiration of the period of .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1927Bom32
..... final decree, the period of limitation for that application would begin to run from the time the right to apply accrues under article 181 of schedule 1 of the indian limitation act, which would mean the date on which the payment is properly made under the decree i.e., on the date originally fixed, or such date as may be ..... were not considered necessary in sub-rule (1).9. assuming, however, that an application was necessary, it is not suggested in the present case that the formal application for amendment of the original darkhast with a view to get the final decree was not made within three years from the date on which the plaintiffs paid the amount into court ..... decree was not barred by limitation. this last finding on the question of limitation related to the contention of the defendant that the application made in january 1923 for amendment of the darkhast of july 23, 192-1, for passing the final decree was barred as having been made more than three years after the expiration of the period .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1927All1
..... and which has now been found to be the fact, the lower appellate court's decree would have been upheld. could the legislature have intended that because the amending act came into force between the remand and the return of the finding, hanuman das is to lose his priority and girjanandan is to acquire an interest in the ..... case the act is declaratory in form but amending in substance. if nothing had occurred beyond the decision of the privy council in shamu pattar's case [1912] 35 mad. 607 it might be said that the legislature intended to declare that decision to be incorrect. the matter did not, however, rest there. the indian legislature by act 26 of ..... 1917 accepted and embodied in an act of .....
Tag this Judgment!Court : Chennai
Reported in : AIR1927Mad85; (1926)51MLJ641
..... style an act as a declaratory or explanatory act. the contention that the title ..... has anything to do with the amendment of the marginal note.11. these remarks apply with great force to indian enactments. the object of the act as stated in the preamble is to explain certain provisions of the transfer of property act. the act itself is called ' the transfer of property (amendment) act' because it is not usual to ..... by mr. suryanarayana that the marginal note should be considered in considering an act. the marginal note here is 'amendment of section 3, act iv of 1882.' whatever may be the view with regard to certain acts of parliament, in the case of indian enactments the marginal notes are never the subject of discussion and they should .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1927Bom167; (1927)29BOMLR253; 101Ind.Cas.144
..... the company is in liquidation and the suit in question was brought after the winding-up petition although before the winding-up order. accordingly, section 171 of the indian companies act, 1913, provides:-when a winding-up order has been wade, no suit or other legal proceeding shall be proceeded with or commenced against the company except by ..... the other hand, the applicant elects the contrary, then the present appeal will be dismissed, and we think with costs. but if, on the contrary, he elects to amend, then we think the fair order as to costs would be that the applicant should pay half the costs of the liquidator of the present proceedings. substantially the fight ..... have power to impose terms under section 171, and, accordingly, the terms we impose on granting this concession is that the applicant do first elect whether he will amend his plaint in the suit by confining the relief claimed to a mere money demand and by abandoning all claims on the basis of his being a secured creditor, .....
Tag this Judgment!Court : Kolkata
Reported in : 97Ind.Cas.961
..... looked to in this connection is the calcutta police 4ct (bengal act iv of 1866) which purported to amend and consolidate the provisions of act iii of 1856 (for regulating the police of the towns of calcutta, madras and bombay) and of act xlviii of 1860 (to amend act xiii of 1856). section 76 of act iv of 1866 gives the police the right to detain a ..... person taken into custody without a warrant and this right was also given by section 90 of act xiii of 1856. the enactments prior to 1856 need not be ..... us to that conclusion.12. there is no indication in the indian acts (section 90 of act xiii of 1856, section 45 of act ii of 1866, section 61 of the cr.p.c.) or in the english acts (section 69 of the metropolis act, 2 & 3 vict., c. 47: clause 15 of the police clauses act, 10&1l vict., 1847; c. 89 or section 38 of .....
Tag this Judgment!