Court : Chennai
Reported in : (1929)57MLJ145
..... section 36 1 have already referred to and i now propose to deal with section 2 of the presidency towns insolvency (amendment) act of 1927 which amends section 7 of the act of 1909. the amendment is contained in a proviso which is as follows:provided that, unless all the parties otherwise agree, the power hereby given shall, for the purpose of deciding any matter ..... law in england. i do not question. i do not think it is, or was intended to be, the law in india under the presidency towns insolvency act. it is obvious that the indian statute aims at relieving the official assignee in charge of a bankrupt estate in suitable cases from incurring the heavy burdens of institution fees which would necessarily be .....
Tag this Judgment!Court : Chennai
Reported in : AIR1929Mad705; 118Ind.Cas.506
..... section 36 i have already referred to and i now propose to deal with section 2, presidency towns insolvency (amendment) act of 1927 which amends section 7 of the act of 1909. the amendment is contained in a proviso which is as follows:provided that, unless all the parties otherwise agree, the power hereby given shall, for the purpose of deciding any matter arising ..... law in england i do not question. i do not think it is, or was intended to be, the law in india under the presidency towns insolvency act. it is obvious that the indian statute aims at relieving the official assignee in charge of a bankrupt estate in suitable cases from incurring the heavy burdens of the institution fees which would necessarily .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1929Cal641
..... in no way do i base my judgment upon it, to recall that on 1st june 1928 after the application for the amendment of the plaint had been dismissed the present plaintiffs became the assignees from the indian planters' agency company, limited, of all their rights against the defendant in respect of the agreement of 3rd february 1920 for ..... and there will be a decree for that amount in favour of the plaintiffs.19. as regards costs, this suit is governed by section 22, presidency small cause courts act (15 of 1882). in chandanmull kanoria v. debi chand : air1924cal405 i held that the question whether the suit was cognizable by the small cause court by reason of the ..... evidence adduced at the trial this account was not: a mutual open or current account where there have been reciprocal demands between the parties within article 85, lim. act. to my mind the account and the agreement upon which it was based provided for a loan by the plaintiffs to the defendant to be discharged pro tanto by .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1930Cal806
..... benches larger powers than were given to the english high court. on the contrary their powers are less because the english high court has been expressly empowered by an amendment introduced in the act of 1888 to draw any inference as to fact. but no such power has been conferred on the small cause courts.17. as was said by grove, j ..... 120 as appears from the express words of the section. and it is sufficiently obvious in my opinion that the word has the same meaning in chap. 6, of the indian act in spite of the meaning which is ordinarily given to the word in india. the history of this concurrent legislation in england and india is fully described in the able ..... more one way than the other.9. the question which i have to decide is whether they had jurisdiction to make this order.10. chapter 6, presidency small cause courts act, bears the heading 'new trials and appeals.' section 37 is as follows:save as otherwise provided by this chapter or by any other enactment for the time being in force .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1930Bom306; (1930)32BOMLR64
..... to forfeit the instalments already paid. plaintiff contends that these clauses are penal, or ' stipulations by way of penalty,' to use the language of section 74 of the indian contract act. the defendants contend that the said section has no application, because they are not claiming any damages against the plaintiff for breach of contract. defendants are, however, seeking ..... issues were raised over and above the issues that had been raised at the first hearing of the suit in february 1929. the written statement, however, was not amended by the defendants.6. the real question in dispute is, what is the true meaning and effect of the agreement in suit. it is the substance of the ..... the same, as they were entitled to do under the agreement.5. the suit came on for hearing before madgavkar j. in february 1929, when plaintiff applied for amendment of the plaint in order to make it clear that he based his claim on the said agreement, and not merely on the joan. plaintiff applied to strike .....
Tag this Judgment!Court : Mumbai
Reported in : (1930)32BOMLR106
..... and direction contained in section 13 as mentioned in column no. 5 and would, therefore, not be subject to the prohibitions contained in sections 5 and 6 of the indian arms act. in the notification of 1920 the kirpans not exceeding nine inches in length carried by sikhs were included in the exemptions of certain kinds of swords, and this inclusion ..... such notification, and again subject the persons or things, or the part of british india comprised therein to the operation of such prohibition or direction.4. section 5 of the indian arms act prohibits unlicensed manufacture, conversion and sale of any arms, ammunition or military stores. section 6 prohibits unlicensed importation and exportation. section 13 prohibits going armed without a license. section ..... should be set aside. 1 would add that if it is desired that kirpans exceeding nine inches in length should be subject like swords to all the prohibitions of the indian arms act the notification of 1925 should be amended to make this clear. .....
Tag this Judgment!Court : Mumbai
Reported in : 125Ind.Cas.435
..... in section 13 as mentioned in column no. 5 and would, therefore, not be subject to the prohibitions contained in sections 5 and 6 of the indian arms act. in the notification of 1920 the kirpans not exceeding nine inches in length carried by sikhs were included in the exemptions of certain kinds of swords, and ..... and again subject the persons or things or the part of british india comprised therein to the operation of such prohibition or direction.4. section 5 of the indian arms act prohibits unlicensed manufacture, conversion and sale of any arms, ammunition or military stores. section 6 prohibits unlicensed importation and exportation. section 13 prohibits going armed without ..... . i, therefore, agree with my learned brother that the conviction in this case should be act aside. i would add that if it is desired that kirpans exceeding nine inches in length should be subject like swords to all the prohibitions of the indian arms art the notification of 1925 should be amended to make this clear. .....
Tag this Judgment!Court : Allahabad
Reported in : 118Ind.Cas.17
..... or 'to take a step-in-aid of execution' are merely descriptive of the application with reference to its contents especially the relief asked for therein. schedule i of the indian limitation act abounds in expressions of that kind, e.g., 'suit for possession', 'suit for redemption', 'suit for declaration' etc., and 'application for re-hearing' (art. 169), ..... applying for execution either failed to take some necessary step in furtherance of his application or to rectify an error or omission which he had been ordered to amend or intimated to the court that the object of his application was not to execute the decree but simply to save time. in such cases it was ..... the payment or delivering the property in respect of which the applicant seeks to enforce the decree.93. article 179 of the limitation act (xv of 1877) was left intact. inspite of the amendment of the rule in section 230, civil procedure code, the former could have no other meaning than what it previously did the wording of article .....
Tag this Judgment!Court : Chennai
Reported in : AIR1929Mad881; 121Ind.Cas.858
..... was not liable and that the executor who made the acknowledgment was personally liable, and he said that this argument was founded on section 14 of the mercantile law amendment act. chitty, j. then observed that that was an extraordinary result and he proceeded to observe that some reasonable interpretation should be put on the words 'so as to ..... ch. d. 651 : 57 l.j. 400 : 58 l.l.758 : 36 w.r. 660 where reference to a similar section, namely section 14 of the mercantile law amendment act was made; in that case, the payment was made by a devisee for life and the question was whether it was sufficient acknowledgment to bind the remainderman. chitty, j., relied ..... air1926cal150 and ibrahim v. jagdish prasad 99 ind. cas. 424 : a.i.r. 1927 all. 269 are the only indian cases referred to; but in those cases, the learned judges have not adverted to section 2l of the limitation act at all. they were confined merely to the interpretation of section 20. those decisions, therefore, do not help us. the .....
Tag this Judgment!Court : Chennai
Reported in : (1929)57MLJ588
..... not liable and that the executor who made the acknowledgment was personally liable, and he said that this argument was founded on section 14 of the mercantile law amendment act. chitty, j., then observed that that was an extraordinary result and he proceeded to observe that some reasonable interpretation should be put on the words 'so as ..... judgment in in re hollingshead. hollingshead v. webster (1888) 37 ch. d. 651 where reference to a similar section, namely, section 14 of the mercantile law amendment act, was made. in that case the payment was made by a devisee for life and the question was whether it was a sufficient acknowledgment to bind the remainderman. chitty ..... doman sundari debi (1925) 90 i.c. 774 and ibrahim v. jagdish prasad : air1927all209 are the only indian cases referred to, but in those cases the learned judges have not adverted to section 21 of the limitation act at all. they were confined merely to the interpretation of section 20. those decisions therefore do not help us. .....
Tag this Judgment!