Court : Mumbai
Reported in : AIR1927Bom177; 100Ind.Cas.981
..... r. 53, was decided in 1902 when the code of 1898 was in force. and section 239 of that code as it then stood substantially reproduced by the amending acts of 1923. but i fail to find any universal rule laid down in that decision. the facts are not stated with sufficient fulness to make it possible to ..... be unnecessary. here, there certainly was an accusation that an offence had been committed by accused no. 1 under sections 209 and 210, read with section 511, indian penal code, and though the complaint did not specifically allege that accused no. 2 had committed abetment of that offence both the accused were alleged to have given false ..... the evidence, came to the conclusion that these statements were proved to be false to the knowledge of the accused persons, and, accordingly, convicted them under section 193, indian penal code, and passed sentences against accused no. 1 of three months' and one month's rigorous imprisonment and against accused no. 2 of three months' rigorous imprisonment .....
Tag this Judgment!Court : Mumbai
Reported in : (1928)30BOMLR197; 108Ind.Cas.465
..... within section 45 the conditions of which had not been complied with. (the references are to the english statute) that section is identical with section 54 of the indian act. it was held that as section 45 was inapplicable the scheme could be sanctioned under section 120. the question whether this could have been done had section 45 ..... a member who votes indicates unmistakeably that he does not wish any other person to vote for him. these votes are good.(b) persons who voted on the amendments 'proposed but did not vote on the substantive proposition but whose votes on the substantive proposition were recorded by their proxies.24. the same considerations apply here. there ..... the scheme :-(a) persons who were present but did not vote and whose votes were given on their behalf by their proxies.(b) persons who voted on the amendment proposed but did not vote on the substantive proposal but whose votes on the substantive proposal were recorded on their behalf by their proxies.(c) proxies signed by .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1927Cal332,101Ind.Cas.854
..... , referred to in the evidence of mr. poster. it is further argued that, in any event, such evidence was inadmissible under the provisions of section 92 of the indian evidence act and that, as a matter of fact, even if this evidence be received it is inconsistent with the other evidence on record and should not have been relied upon. ..... contend that in the circumstances appearing on the evidence, the charterers were not liable because the case sought to be raised had been definitely disallowed' on the application for amendment of the written statement and also because it was not raised in the issues nor put forward till the plaintiff's' case had been closed. it is also argued ..... how the defence upon which the defendants succeeded was open to them in view of their pleadings and in view of the refusal of the court to grant leave to amend by inserting into the written statement the proposed paragraph (marked 3 b) and set out in the 22nd clause of the defendants' petition of 15th july 1925. the .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1927Bom217; (1927)29BOMLR352; 101Ind.Cas.555
..... i.l.r. (1884) 6 all. 250 for the court's decision on order xlv, rule 7, prior to the amending act xxvi of 1920.24. i would, accordingly, answer the question submitted to us in the affirmative.crump, j.25. i agree.patkar, j.26. ..... opinion expressed in ram dhan v. prag narain, i.l.r. (1921) 44 all. 216 i am unable to see that the amendment made by act xxvi of 1920 has been very carefully drafted. however that is a minor point. and i need not, in the view i take ..... and if that view is inconsistent with the true construction of order xlv, rule 7, and with the intention of the indian legislature, as expressed by act xxvi of 1920, then we have to refer to section 112 of the civil procedure code which provides that 'nothing contained in this ..... if the view taken by mr. justice fawcett is correct as to the true construction of that rule, namely, that thereby the indian legislature intended to fix a prescribed period which could in no event be extended, then a further question arises as to the effect of .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1928Cal27
..... 2, section 4, bengal criminal law amendment act, 1925, of offences, under sections 120-b, i.p.c., 4(b), explosive substances act, and 19(f), indian arms act and sentenced to three years rigorous imprisonment under section 4(b), explosive substances act, and to eighteen months' rigorous imprisonment under section 19(f), indian arms act, the sentences to run concurrently. nine ..... j.1. these four appeals are against a judgment of commissioners appointed under sub-sections (1) and (2) section 4, bengal criminal law amendment act, 1925. nine persons were convicted by this judgment; and out of these one has undergone sentence of death passed on him in connexion with the ..... may even have attempted to shield his friends from suspicion. but to convict him of possessing, manufacturing or conspiring to possess explosive articles within section 5, explosives act, something more need be proved than his occasional visits to the house or his statement about the inmates of the house to satis, p.w. 22, which .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1927Cal376,101Ind.Cas.573
..... contention. in my opinion when a pleading does not conform with the provisions of order 6, rule 15, the defect therein is a mere irregularity that can be cured by amendment and, the plaint in this case must be taken to have been presented on the 25th august 1925, and i not on the 8th december 1926, when the verification was ..... ), under which a plaint, if not duly verified, might, at the discretion of the court at, or at any time before, the settlement of issues, be returned for amendment. as the order for amendment in that case had not been made until after the issue? had been settled it was held to be incumbent upon the court to order either that the ..... note. in baisnab chandra de v. ramdhan dhor [1906] 11 c.w.n. 139, the decision turned upon the absence in the indian negotiable instruments act of provisions similar to those to be found in section 23 of the later english act (45 and 46, victoria, chapter 61); but since sadusuk janki das's case [1919] 46 cal. 663, such an argument will .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1927Bom278; (1927)29BOMLR498
..... the remedial provisions of the trustee act, 1850, (13 & 14 vic. c. 60), the trustee act, 1852, (15 & 16 vic. c. 55), and lord cranworth's act (23 & 24 vic. c. 145) to indian mortgages and trusts. the preamble to the former indian act states that it is expedient to consolidate and amend the laws relating to the ..... preventing their desuetude by a system of rules borrowed from the english courts of equity.19. i, therefore, regard these two acts, viz., the indian trustees act, 1866, and the trustees' and mortgagees' powers act, 1866, as affording clear legislative recognition of the applicability of the english law of mortgages in certain cases whether within, or ..... 571 there is clear authority for looking at such reports, which also come under the words 'appropriate books or documents of reference' in section 57 of the indian evidence act. in footnote (g) at p. 140 of hardcastle's statutory law, 3rd edition, are given further instances where such reports of statutory commissions have been .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1927Bom487; (1927)29BOMLR1124; 103Ind.Cas.906
..... .25. the question before us depends upon the proper construction to be placed upon the words 'the persons executing the document' in sections 34 and 35 of the indian registration act, 1908. primes facie those words are capable of two constructions. they may mean persons actually executing the document by their own hands, or they may mean persons executing ..... that plaint.3. so, too, at the request of mr. justice blackwell, i as chief justice directed in that amended suit that the same point of law be laid before the present full bench.4. next, with regard to the practice whether it is permissible to have points of ..... it appears doubtful, to say the least of it whether that could be done. accordingly, by consent of the parties, these proceedings have been converted with the necessary amendments into a suit begun by a plaint in the ordinary way, and the written statement, which was already filed, has been treated as a written statement in answer to .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1927All649
..... life of the prophet mohammad.3. in october last the local government of these provinces took action under the powers conferred by section 99-a of the code (as amended by the act above mentioned) and declared the book to be forfeited to his majesty on the ground that it contains matter the publication of which is punishable under section 153-a ..... application pt. kali charan pleads:(1) that he has taken his facts and material from authoritative muslim literature and standard works on islam and mohammad by european as well as indian writers.(2) that by writing the book it was never his intention to promote or to attempt to promote feelings of enmity or hatred between different classes of his majesty ..... lindsay, j.1. this case arise from an application made by pt. kalicharan sharma under section 99-b, criminal p. c., as amended by act, 36 of 1926.2. the applicant is the author of a book written in hindi and entitled 'bichitra jiwan' which was first published at agra in november 1923 and which .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1927Bom440; (1927)29BOMLR742
..... . the alleged offence of the accused might certainly be held to fall under section 213 of the indian penal code, which, under an amendment of 1923, is now a cognizable offence. it is certainly a reasonable proposition that the accused's act, if proved, would amount to taking a gift in consideration of his not proceeding against a person ..... itself to mookerjee and chatterjee jj. in in re nagendra nath chakravarti i.l.r. (1923) cal. 402. there it is observed that, under the amendment introduced by section 45 of act xviii of 1923 in clause (6) of section 190, the expression 'police report,' which had been interpreted in a technical sense, has been replaced by the ..... be followed by the magistrate under section 190, clause (b), except that provided by chapter xvi, i.e., sections 200 to 208 of the criminal procedure code. before the amendment of section 200 by clause (aa), it might have been necessary to examine the police-officer if his report in regard to a non-cognizable offence was treated as .....
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