Court : Mumbai
Reported in : AIR1928Bom69; (1928)30BOMLR177; 108Ind.Cas.495
..... to be the trustee of such property. in this connection i may refer to the provisions of an analogous statute, and that is section 73 of the indian trusts act of 1882. under that section a principal civil court of original jurisdiction can appoint new trustees under the circumstances therein mentioned, those circumstances broadly considered being similar ..... same trusts as the same was held previous to such appointment.7. act xvii of 1843 was repealed by act xvii of 1864 which as amended from time to time was ultimately superseded by act ii of 1913, which is the present act. by section 4 of the present act the government has the power of appointing an official trustee. under section ..... is possible or expedient. and it is for consideration whether provision should not be made for such appointments. all that is necessary is, a slight amendment of section 7 of the official trustees act. but that is a question with which i have nothing to do.30. costs of all the parties to come out of the estate. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1928Bom108; (1928)30BOMLR153; 108Ind.Cas.705
..... to the facts of that case. that rule undoubtedly was held in england to apply to personal property and not to real estate of a bankrupt, and the bankruptcy act in england was amended in 1913 and 1914 so as to make the principle of the rule applicable to all kinds of property. but in alimuhmad abdul hussein v. vadilal devchand shah ..... in general terms, and further long before the rule in cohen v. mitchell, the courts in india did apply the principle enunciated in the rule to immoveable property under the indian insolvency act. it is on these grounds that the learned judge came to the conclusion that the rule ought to be made applicable to all kinds of property.19. mr. mulla ..... the observations of their lordships of the privy council must be held to be limited to the position under that act. mr. mulla further refers by way of analogy to the view taken by this court under the indian insolvency act in alimahmad abdul hussein v. vadilal devchand i.l.r (1919) bom. 890, s.c. 21 bom. l.r. 849, where .....
Tag this Judgment!Court : Mumbai
Reported in : (1927)29BOMLR1581
..... copy thereof in order that any part of such statement, if duly proved, may be used to contradict such witness in the manner provided by section 145 of the indian evidence act, 1872. under the old criminal procedure code, the accused was not entitled to obtain a copy of such statement, and it was left to the discretion of the court, ..... urged on behalf of the accused that he was entitled to get copies of the statements of the witnesses on behalf of the prosecution under section 162 of the amended criminal procedure code. under section 162, no statement made by any person to a police-officer in the course of an investigation or any record thereof in the police diary ..... accused to get a copy of the statements under section 162 of the criminal procedure code as amended by act xviii of 1923. there does not appear to be any direct ruling on the point since the amendment. it is to be noted that while the amendment of section 162 is in favour of the accused, the section lays down certain formalities .....
Tag this Judgment!Court : Chennai
Reported in : 108Ind.Cas.909; (1928)55MLJ320
..... police, station9. is extraordinarily vague. we are informed that this rule among others has been made by the local government under the indian motor vehicles act, 1914, though oddly enough there is no mention of that in the madras motor vehicles rules as officially published. we may presume ..... accident to be reported? that can hardly be intended. if this rule has been made under the indian motor vehicles act, it must have been made under section 11 of the act. under sub-section (2)(i) of that section rules can be madeproviding generally for the prevention of ..... happened in this case which the petitioner was bound to report under the rule interpreted in the restricted sense in which alone the act gives power to make it. according to the evidence, while the petitioner was driving his car one evening along a road, it ..... him. but i may perhaps be allowed to express a hope that the rule will be amended so as to make it clear in expression and clearly within the rule-making powers given by the .....
Tag this Judgment!Court : Chennai
Reported in : (1928)55MLJ444
..... very slipshod way, an assumption which we are least of all justified in making when we are interpreting a provision which has been deliberately introduced into the code by an amending act. a different view was taken in ranjit narain singh v. rambahadur singh i.l.r. (1925) pat. 262. but though the judgment in that case is long ..... such an extreme and exceptional assumption or in supposing that when framing section 476-b the legislature had forgotten a cardinal principle of the code which it was amending. in my opinion there is no ambiguity about the section in this respect and nothing to justify us in interpreting it otherwise than in its plain, grammatical meaning ..... procedure that the counter-petitioners before the court should take their trial before a first class magistrate for offences under sections 193, 465, 471 and 209 of the indian penal code. against the order of the subordinate judge an appeal was filed to the sessions judge. under section 476-b of the code of criminal procedure. the .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1928Cal675
..... banerjee guilty of abetment although they did not find a conspiracy, because conspiracy is only one of the possible ways of abetment by the definition given in the indian penal code.11. it was suggested by mr. sircar that the learned judge in certain passages put too strongly to the jury the view that the appellant was ..... accomplished by means of forgery of the daily report of the 7th july 1926 and it is quite clear, therefore, that they merely specify the various sections of the indian penal code which the course of conduct of the accused offends against.10. it remains, therefore, only to consider the question whether the direction of the learned judge ..... letters patent it left the rule about advocates (as i have set it out - rule 6) without amendment. the only amendment it made in the rule about vakils was this : that instead of saying thatvakils shall not appear, plead or act for any suitor in this court in any matter of ordinary original jurisdiction civil or criminaland so forth it .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1928Bom117; (1928)30BOMLR350
..... the opponent, his wife, a sum of two pounds a week and a sum of two shillings for her costs. in accordance with the provisions of the corresponding indian act xviii of 1921, the presidency magistrate gave the petitioner an opportunity of showing cause why the provisional order should not be confirmed, and recorded certain evidence of the ..... the chief presidency magistrate in this case is subject to the revisional jurisdiction of the high court under section 107 of the government of india act and clauses 27 and 28 of the amended letters patent if not under section 435 of the criminal procedure code. the absence of any provision allowing an appeal does not necessarily exclude the revisional ..... ). under section 4 any married woman can apply to a court of summary jurisdiction for an order of maintenance under the act. the act of 1895 is amended by an act of 1920 (10 & 11 geo. v, c. 33) and by an act of 1925 (15 & 16 geo. v, c. 51). the enforcement in england or ireland of the maintenance orders .....
Tag this Judgment!Court : Chennai
Reported in : AIR1928Mad522; (1928)54MLJ665
..... from having the mesne profits ascertained.2. there can be no doubt that the application of december, 1922, is an application within the scope of article 181 of the indian limitation act, and, being three years subsequent to the time when the right to apply accrued, it is clearly barred-3. but the application of november, 1921, was within ..... profits, there should be an application made to it before the decree-holder can be entitled to require such ascertainment to be made, the language should be revised and amended. however, assuming for the purpose of the present argument that such an application is really in the nature of a condition precedent, then it would follow that, on ..... the purpose of serving the notice of the application has not been complied with, but on a more fundamental ground altogether.13. it is possible that, in enacting amendment to k. 12 of c). 20 by way of addition of clause 3 thereto, the rule-making authority intended that there should be always an application by the .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1930Cal547
..... not necessary to canvass these cases or the arguments that have been advanced. i will content myself by saying that i see no reason whatever under this indian insolvency act of 1848 for thinking that the official assignee in administering the estate of an insolvent is not administering a trust intended for the benefit of any creditor who ..... was repaid to galstaun. in 1905 haridhone dutt died and on 11th november 1907, 'kanto mohan mulliok was adjudicated an insolvent under the old act which then obtained in india, namely, the indian insolvency act, 1848, 11 and 12 vic. cap. 21. in 1909 a suit was brought by galstaun against all the five brothers upon the covenant ..... in the mortgage, in march 1915 the official assignee was substituted in the place of the insolvent. in 1917 the plaint in this suit was amended, converting it from a .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1928Bom417; (1928)30BOMLR500
..... whereas the endorsement, below which the thumb-impression was made by gangu, was not in the handwriting of vithoba ramji, that under the proviso to section 20 of the indian limitation act, in the case of part-payment of the principal of a debt, the fact of the payment must appear in the handwriting of the person making the same, and that ..... case of jamna v. jaga bhanai i.l.r. (1903) bom. 262, 5 bom. 262, where it was held that the condition prescribed by section 20 of the indian limitation act the part-payment of the principal debt should appear in the handwriting of the person making the same is satisfied if the payer affixes his mark beneath an endorsement not ..... govindoas krishnadois v. kukmani bai i.l.r. (1913) mad. 438, so far as illiterate debtors were concerned, but the law on this point is now amended by the legislature in section 2 of act i of 1927 which runs as follows :-provided that, save in the case of a payment of interest made before january 1, 1928, an acknowledgment of the .....
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