Court : Kolkata
Reported in : 123Ind.Cas.433
..... .george claus rankin, c.j.10. on the 19th september 1928, lort-williams, j., exercising the jurisdiction of the high court under the presidency towns insolvency act (iii of 1909 as amended by act ix of 1926) and being of opinion that there were grounds for thinking that certain insolvents had committed offences under section 103 of the said ..... in the presidency towns, original criminal jurisdiction of the high court over an individual accused was based upon the presentment of the grand jury. act xviii of 1862 contained elaborate provisions for the amendment of indictments and provided that every verdict and judgment should be of the same force and effect in all respects as if the indictment ..... in queen-empress v. kayemullah mandal 24 c. 429 : 1 c.w.n. 414 the commitment was made by a magistrate on a charge under section 147, indian penal code. the case was heard by a division bench of this court, and it was held that the commitment was not necessarily illegal inasmuch as the offence under .....
Tag this Judgment!Court : Chennai
Reported in : 122Ind.Cas.342
..... the object of the same was illegal, or that the object of the partnership necessarily involved something allegal or contrary to public policy. (section 23 of the indian contract act). the defendant who alleged the illegality has not succeeded in establishing the necessary facts which would enable the court to come to that conclusion. the 1st defendant not ..... additional written statement on 31st july, 1925, that the partnership in question was illegal and opposed to public policy. the plaintiff then applied to have his plaint amended by alleging that he would be entitled to a decree for the money advanced by him in case the court should hold that the partnership was illegal as then ..... contended by the defendant that amendment was allowed by the district munsif by his order dated 8th october, 1925. the 1st defendant filed a further additional written statement on 20th october, 1925, to .....
Tag this Judgment!Court : Mumbai
Reported in : (1930)32BOMLR17
..... for restitution of conjugal rights, whore- the parties are christians, is made on the matrimonial side by a petition under section 32 of the indian divorce act. that was an act to amend the law relating to divorce and matrimonial causes in india, the preamble of which recites that it is expedient to ..... same footing with clergymen of the churches of england and scotland, and it excluded roman catholics from part v.(4) the preamble to the indian christian marriage act of 1872 shows that it is an act ' to consolidate and amend the law relating to the solemnisation in india of the marriages of persons professing the christian religion'. the ..... marriage may even be solemnised by a roman catholic priest: see sections 51 and 54 (2nd paragraph). indeed father fortuny himself in his evidence stated :-the indian ohristiuu marriage act 38712 does not interfere with practice of roman catholics. in conscience catholics cannot go to registrar, if they marry before registrar, they can be married afterwards .....
Tag this Judgment!Court : Mumbai
Reported in : 124Ind.Cas.776
..... for restitution of conjugal rights, where the parties are christians, is made on the matrimonial side by a petition under section 32 of the indian divorce act. that was an act to amend the law relating to divorce and matrimonial causes in india, the preamble of which recites that it is expedient to ..... same footing with clergymen of the churches of england and scotland, and it excluded roman catholies from part v.(4) the preamble to the indian christian marrige act of 1872 shows that it is an act 'to consolidate and amend the law relating to the solemnisation in india of the marriages of persons professing the christian religion'. the ..... marriage may even be solemnised by a roman catholic priest: see es. 51 and 54 (2nd paragraph). indeed father fortuny himself in his evidence stated:the indian christian marriage act, 1872, does not interfere with practice of roman catholics. in conscience catholics cannot go to registrar. if they marry before registrar they canbemarried afterwards before the .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1930Bom155; (1930)32BOMLR98
..... commission of the offence of theft, but relying on section 114, ill. (a), of the indian evidence act, convicted the accused under section 379 and in the alternative under section 411 of the indian penal code. the offence under section 414, indian penal code, did not, in the opinion of the learned magistrate, fall within his jurisdiction as ..... of the criminal procedure code did not control the operation of the previous sections 179 to 184. after the decision in ramaswami asari's case the code has been amended and section 188, proviso, says that notwithstanding anything in any of the preceding sections of this chapter no charge with regard to an offence committed outside british ..... india shall be inquired into in british india without a certificate of the political agent. the amendment makes it clear that the madras decision is no longer good law, and that sections 179 to 184 can have no application where the offence is .....
Tag this Judgment!Court : Chennai
Reported in : AIR1930Mad218; (1930)58MLJ210
..... had done before the learned trial judge. we have, therefore, to deal with the appellant's case as presented in his amended plaint. it is clear from the language of section 218 (1), indian succession act, already referred to, that the right to a grant of administration follows the right of succession, and that in order to establish ..... of the administrators, on the 21st october, 1921, in support of his application to the court for leave to sell, as required by section 307 (2), indian succession act, the immoveable property of the deceased for the liquidation of the debts. this can have no bearing on the question of defendants' 4 and 5 liability. for ..... ald. 744. upon the issue of the grant the administrator's title has relation back to the date of the deceased's death. section 220 of the indian succession act provides:letters of administration entitle the administrator to all rights belonging to the intestate as effectually as if the administration had been granted at the moment of his death .....
Tag this Judgment!Court : Chennai
Reported in : (1930)58MLJ388
..... the decision of the lower appellate court is contrary to law, etc., that a second appeal would be successfully entertained. the wordings of section 15 of the amended letters patent make it abundantly clear that the circumstance that the decision was passed in a second appeal is not enough to entitled the unsuccessful party to leave to ..... not be granted in a case is not conclusive that leave to appeal should not be granted under section 15 of the letters patent.27. three decisions of indian courts were brought to my notice which contain some indications of principles which should guide me in deciding the question under section 15 of the letters patent of 1927 ..... 1922.28. in madhava aiyar v. muthia chettiar (1916) 5 l.w. 168 ayling and seshagiri aiyar, jj., remarked that under the provisions of the provincial insolvency act, 'no leave to appeal could be claimed against an order which did not decide any substantial question of law or which did not directly or indirectly enunciate any proposition .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1930All206
..... , there was no provision corresponding to section 526(6a) of the present criminal p.c. the aforesaid clause was placed upon the statute book under the amending act 18 of 1923. this amendment led to consequential changes in section 526(5) of the original section.9. section 526(6a), criminal p.c. provides as follows:where any application for ..... not been defined in the criminal p.c. but section 4, sub-section (2), of the code provides thatall words and expressions used herein, and defined in the indian penal coda and not hereinbefore defined shall be deemed to have the meanings respectively attributed to them by that code,15. section 11, i.p.c. provides thatthe word ..... high court may direct him to execute a bond, with or without sureties, conditioned that ho will, if convicted, pay the costs of the prosecutor.19. by the amending act, 1893, the words convicted, pay the costs of the prosecutor' were substituted by the words:so ordered, pay any amount which the high court has power under this .....
Tag this Judgment!Court : Chennai
Reported in : AIR1930Mad458; (1930)59MLJ501
..... judgment that the learned judge never decided such a thing. if it is impossible to construe the decree consistently with the judgment, it would be a matter for the amendment of the decree and if it is a matter of any importance to set the matters right, we would adjourn the appeal to enable the appellants to apply for ..... the account books. under the english law the bankruptcy of one of the partners seems to put an end to the partnership (vide lindley, p. 800), but under the indian law this does not seem to be the case. the bankruptcy affords a ground for the other partners to go to court and obtain a dissolution, vide section 254(2 ..... intending as assignee of the insolvent chunilal's estate to take possession of chunilal's property. the plaint makes no suggestion to the contrary. it is equally indisputable that the act of the official assignee in writing the letter (exhibit b) threatening' the insolvent that police assistance would be called in if the searcher was obstructed, and the calling .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1930Bom572; (1930)32BOMLR232
..... my absence on leave has caused in delivering judgment.46. i would also like to add that in my opinion this appeal shews the desirability of some amendment of the indian companies act 1913, so as to nullify the existing differences of opinion in various high courts as to the effect of section 235 of that ..... judgment.29. this leaves me with the defence of limitation to deal with. this is based on sub-section (3) of section 235 of the indian companies act, which enacts that ' the indian limitation act shall apply to an application under this section as if such application were a suit.' it is a pity that the legislature did not make this ..... connection i would draw attention to section 152 of the new english companies act 1929, which in effect makes articles of that nature void. that act also makes other important amendments for the protection in england of the investing public. this, however, is a matter for the indian legislature to decide on here. fools cannot wholly be protected from the wiles .....
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