Court : Chennai
Reported in : (1929)57MLJ219
..... prayer for possession and without any consequential relief.4. the subordinate judge also observes that the district munsif was wrong in rejecting the plaintiff's petition for amendment of the plaint by adding a prayer for possession. upon those findings the sub-judge holds that venkataramier had the right to alienate the properties and ..... into possession of the properties, the suit for a bare declaration and injunction was not maintainable. with reference to that objection, the plaintiff prayed for an amendment of the plaint by adding a prayer for possession but the district munsif rejected that application. he however held that the suit was maintainable in the form ..... (7) where all the authorities are collected.. the respondent's advocate relies on section 64 of the indian trusts act in support of the contention but that section does not help him, because, in the first place, the act does not apply to public or private religious or charitable trusts; secondly, even if the rule embodied in .....
Tag this Judgment!Court : Chennai
Reported in : 118Ind.Cas.499
..... a prayer for possession and without any consequential relief'. the sub-judge also observes that the district munsif was wrong in rejecting the plaintiff's petition for amendment of the plaint by adding a prayer for possession. upon those findings the sub-judge holds that venkataramaiyer had the right to alienate the properties and ..... got into possession of the properties, the suit for a bare declaration and injunction was not maintainable. with reference to that objection the plaintiff prayed for an amendment of the plaint by adding a prayer for possession but the district munsif rejected that application. he, however, held that the suit was maintainable in the ..... foot-note (7) where all authorities are collected. the respondents' advocate relies on section 64 of the indian trusts act in support of the contention but that section does not help him, because in the first place the act does not apply to public or private religious or charitable trusts, secondly, even if the rule embodied in .....
Tag this Judgment!Court : Mumbai
Reported in : (1929)31BOMLR53; 117Ind.Cas.434
..... now include any article 'used as a subject or means of gaming'. this clause did not form part of the definition of 'instrument of gaming' in act iv of 1887 as amended by act i of 1890, which was the definition the full bench was construing. in the light of the evidence in the case, it can be legitimately inferred ..... before the magistrate, the. fact that the warrant has been issued would raise a presumption that omnia rite ease seta, illustration (e) to section 114 of the indian evidence act seems to be to the point. if the opponent relied upon the illegality of the warrant on the ground that no complaint on, oath was previously made before ..... could not have been a complaint on oath before the district suprintendent of police as that officer is not empowered under the indian oaths act (act x of 1873) to administer oaths. under section 4 of the indian oaths act, the authority to administer oaths and affirmations is given to courts and persons having by law, or consent of parties, authority .....
Tag this Judgment!Court : Mumbai
Reported in : (1929)31BOMLR62
..... is whether by her marriage to a subject of the baroda state she has ceased to be a european british subject within the meaning of the indian extradition act. the indian extradition act and the code of criminal procedure both being penal enactments their terms must be strictly construed in favour of accused persons wherever such construction can be ..... it would have said so. the criminal procedure code was revised in 1908 and again in 1923, when numerous changes were made and the definition of european british subject amended, but no amendment was made as regards the status of married women, and in the absence of authority to the contrary i feel justified in assuming that it was not ..... the intention of the indian legislature that a woman who was a european british subject by birth should lose that status for the purpose of the code by .....
Tag this Judgment!Court : Mumbai
Reported in : (1929)31BOMLR221
..... of the amount of the decree together with interest on the purchase-money within thirty days of the date of the sale. it was held that the civil procedure code, with the indian limitation act, provides a short period within which applications specifying the object should be made to set aside sales, and the shortness of time allowed may be taken as indicative of ..... .r. 817. reference was made to the hardship and inconvenience which arose in consequence of the wording of the rule and an opinion was expressed that the rule should be amended. rule 17 was changed into rule 16 which was in the same terms. but by a notification in the government gazette, part i, pa go 917, for 1925, rule ..... 18 was amended as follows :-if any application to set aside the sale under order xxi, rules 89, 90 or 91 of the civil procedure code, and in the case of an application under role .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1929All53; 113Ind.Cas.442
..... is admitted that the plaintiff pre-emptor would in face of the authorities have had no 'subsisting right'. it is clear that the act was an act intended to consolidate and amend the law' (see the preamble). but it is also beyond doubt that if the law was clearly established in one sense by a well-known cursus curiae, ..... may be that the proposition was not even true. i find no trace in the arguments or judgment of any statement or explanation of the procedure followed by the indian legislature in the year 1869 in respect of marginal notes. in the circumstances, therefore, it was only to be expected that their lordships would not attach any authority ..... therefore they were not prepared to ascribe any greater authority to the former. very likely no such reason could have been given. the indian statute under consideration in that case was the oudh estates act which was passed by the governor-general-in-council in 1869. their lordships could not be expected to attach any authority to the marginal .....
Tag this Judgment!Court : Mumbai
Reported in : (1929)31BOMLR1014
..... the judge, adduce proof at the trial or hearing of the cause of the validity of the will upon which he relies.' after 1865 that rule was amended, and the amended rule now clearly requires that a party who sets up another will other than that which is sought to be propounded in the particular action must file it ..... in each case and the suits are numbered and both 1928 the suits are heard together or are consolidated. admittedly, the probate practice under our rules and the indian succession. act differs considerably from that in england, i shall presently consider what the position is under the english law. for the present i want to consider whether the practice ..... of the probate division of the high court of justice in england in cases not provided for by this chapter or by the rules of procedure laid down in the indian succession act, 1925, or by the civil procedure code. but we have here a definite rule, viz., rule 602, which lays down that the procedure in contentious matter after it .....
Tag this Judgment!Court : Mumbai
Reported in : (1929)31BOMLR484
..... high court had no power to frame a rule modifying expressly or by necessary impl: tion prescribed by the indian limitation 1 'rule' in 'by any enactment or rule' limitation act has been dropped by the amending act x of 1922. the present rule does not alter expressly period of limitation. the rule frarnec applies a section ..... of the indian limitation vides for such an application. the exist of order xxii shows that the provision indian limitation act was deliberatel schedule of the civil procedure code ..... , rule 9. the application was beyond time, but the procedure of the court was amended by enabling the court to > excuse the delay in such an application. section 5 of the indian limitation act was not in any way amended or repealed. it was extended by the rule under section 122 of the civil procedure code to .....
Tag this Judgment!Court : Mumbai
Reported in : 122Ind.Cas.76
..... no power to frame a rule modifying expressly or by necessary implication a rule of limitation prescribed by the indian limitation act, and that the word 'rule ' in ''by any enactment or rule' ins. 5 of the indian limitation act has been dropped by the amending act x of 1922. the present rule does not alter expressly or by implication the period of limitation. the rule ..... framed by the high court applies a section of the indian limitation act which itself provides for such an application. the existence of clause (3 .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1929Cal714,121Ind.Cas.741
..... case is correctly stated in dalsukhram v. kalidas [1901] 26 bom. 42 where the effect of section 264 is recognized.9. in my opinion which article of the indian limitation act applies is immaterial in this case.10. if arts. 57 or 59 apply, then the date when the loan was made must in my opinion be taken to be ..... of his banker so payable. ' the distinction between deposit and loan seems to be that the depositee stands in a fiduciary relationship to the depositor, thus by introducing this amendment in article 60 the legislature seems to have regarded the relationship between banker and customer as such, and not as that of borrower and lender, as is the position in ..... have been better to have dealt with the relationship of banker and customer in a separate article. however, it seems quite clear that it was not intended to extend the amendment to a banker suing his customer on an overdraft, and article 60, as drafted, has no application to the present ease. the decisions given upon article 85 are .....
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