Court : Chennai
Reported in : AIR1932Mad474; (1932)62MLJ720
..... is observed there as follows:an incorporated industrial and provident society has been held not to be an 'incorporated company' within the meaning of the bills of sale act, 1878, amendment act, 1882, in the great northern. railway co. v. the coal co-operative society. (1896) 1 ch. 187. but this decision is open to question, ..... the societies' personal chattels by way of security for the payment of money were not exempted by section 17 of the bills of sale act, 1878--amendment act, 1882--from the statutory requirements in respect of bills of sale. vaughan williams, j, answered the question in the negative on two grounds ..... different ways, namely, in the indian companies act, in the income-tax act and in the land acquisition act. the definitions in the two latter acts include societies registered under the co-opepative societies act; and under the land acquisition act societies registered under the co-operative societies act have been explicitly included by an amendment made in 1919. i think .....
Tag this Judgment!Court : Chennai
Reported in : 140Ind.Cas.422; (1932)62MLJ608
..... 19 of the letters patent is bound to decide this case by the english common law which means the law as it stood before it was amended by the slander of women act, that act not having been made applicable to india. section 19 of the letters patent defines the law and equity to be administered by the high court in ..... english law should not be applied in india, as it is: based on the substantive rule applicable to contractual joint debtors, which is different under section 44 of the indian. contract: act, and is not in consonance with justice, equity and good conscience. sadasiva aiyar, j., on page 552 says:if the passage (at page 46) in the judgment ..... committee in waghela rajsanji v. shekh masludin1 i.l.r. (1926) 51 b. 167 'are generally interpreted to mean the rules of english law if found applicable to indian society and circumstances.' the words 'justice and right' in the charters mean the same thing, according to the judgment of sir barnes peacock to which reference has already been .....
Tag this Judgment!Court : Chennai
Reported in : 140Ind.Cas.331; (1932)63MLJ450
..... submit the settlement record to the confirming authority appointed by the local government. the confirming authority may sanction the settlement of rents with or without amendment, but no amendments or alterations can be made by it without giving reasonable notice to the parties concerned and hearing their representations. after sanction by the confirming authority ..... the learned judges - sir asutosh mookerjee and beachcroft, jj. - held that as the superintendence vested in the high court by section 15 of the indian high courts act can be exercised only over 'courts which are subject to the appellate jurisdiction of the high court', the high court had no jurisdiction to exercise its ..... the 'confirming authority,' the settlement record shall be incorporated in the record-of-rights published under section 166, and the record-of-rights as so amended shall be finally published (section 170).an appeal shall lie from every order passed by a revenue officer on any objection made under section 169 to .....
Tag this Judgment!Court : Chennai
Reported in : AIR1932Mad352; 137Ind.Cas.740; (1932)63MLJ152
..... by which further and other steps are sought to be taken in the main matter of execution and in a pending execution petition. but in construing an act passed by the indian legislature, this practice in our presidency should not be allowed to have any consideration at all. again, as observed by the privy council in adamson v ..... any other application to the court, which had been maintained so far by the use of the two different words, 'petition' and 'application', was infringed when this amendment was introduced. mr. sitarama rao for the creditors not unnaturally contends that the contrast on which mr. rajah aiyar has based his argument here breaks down. it is ..... years later. it has also been suggested by mr. rajah aiyar that the word 'petition' may have crept into this new amendment by oversight, the legislature not remembering, when the amendment was made, that in this particular act a distinction had been drawn between the use of the word 'petition' and the use of the word 'application'. but .....
Tag this Judgment!Court : Chennai
Reported in : (1932)62MLJ665
..... them merely as a general direction to avoid excessive-delays. 'the provisions of this rule,' the learned judge says, 'are as directory after the amendment of the rule by act xxvi of 1920 as they were before the act was passed.' he finds 'further support for his position in the terms of rule 9 of the new judicial committee rules a point to ..... the following words '90 days or such further period, not exceeding 60 days, as the court may, upon cause shown, allow.' in my view, it was not intended by this amendment that the high court should, for reasons appearing cogent, further extend that period of 60 days, having regard to the fact that in the rule it is thus expressed 'not ..... it may well be that the point was never taken by the respondent because the privy council itself has power to extend the time, however limited the power of the indian high courts may be. and it may well be that, all that heavy costs of that appeal having been incurred, it was thought that the privy council would excuse .....
Tag this Judgment!Court : Mumbai
Reported in : (1934)36BOMLR568; 152Ind.Cas.947
..... observes that the executory contract sued upon was not binding upon the plaintiff municipality before him because certain formalities prescribed by section 30 of the bombay district municipal (amendment) act, 1884, had not been complied with and therefore it was open to the defendant: before him to show that it was not binding on him inasmuch ..... after the contract and not by way of executed consideration at the date of the contract. pollock and mulla in their commentary on section 2 of the indian contract act, 6th edn., p. 30, have thus stated the difference between the two kinds of consideration:a consideration which consists in performance (or so far as ..... the observations of the learned chief justice have also come in for adverse criticism by sir frederick pollock and sir dinshah mulla in their learned commentary on the indian contract act, 6th edn., at pp. 375-377. the observations of the learned chief justice are, in my opinion, impliedly overruled by the judicial committee of the .....
Tag this Judgment!Court : Chennai
Reported in : 137Ind.Cas.9; (1932)62MLJ742
..... of 1882, in section 162, there was a clause: to the following effect:--'nothing in the section shall be deemed to affect the provisions of section 27 of the indian evidence act, 1872.' the words 'any person' occurred in that section also. the inference is that those words included an accused also, as otherwise there is no necessity to ..... to statements made to the police by accused persons-: azimuddy v. emperor. (1931) 62 m.l.j. 71. after adverting to the policy of the legislature in amending section 162 in the interests of the. accused, but with some abridgement of the privileges, the learned judge proceeds to state that an accused person should not be denied ..... no need to apply the rule to save the special provision of section 27 of the evidence act from the general provision of sec-, tion 162, criminal procedure code. but the final argument is again the other way, viz., that section ,162, having been amended in the interests of accused persons, cannot be held 'to deprive an accused of what .....
Tag this Judgment!Court : Mumbai
Reported in : (1932)34BOMLR1021
..... evidence upon which they are asked to decide establishes beyond doubt that the facts, if fully investigated, would have supported the new plea. 60. section 49 of the indian registration act, which states the results of non-registration is, so far as material, as follows:-49. no document required by section 17 to be registered shall-(a) affect ..... the principal in respect of the agreement of sale being the only question left open for the decision of this court,43. however this may be, the respondent subsequently amended her proof by giving credit for the purchase money, her claim being thus reduced to its, 63,219-15-0.44. on july 16, 1929, the official ..... the liquidator appealed to his majesty in council and before their lordships' board raised the contention that the agreement of july 27, 1921, required registration under the indian registration act, that it had not been registered, and that as it had not been registered it could not be used for any purpose whatever and ought to be ignored .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1932Cal775,140Ind.Cas.788
..... as mortgage under any statutory enactment, have always been treated by the courts as on much the same footing as mortgagees, and if it was the intention of the amendments of 1908 to take away the personal remedy from a charge-holder we think the matter would have been expressly dealt with. in the case of jeuna baku v. ..... liabilities of assignees of leaseholds depends entirely upon a distinction between legal and equitable estates a distinction for which the transfer of property act has loft no room in india and which is not to be imported into indian law, that when a lessee executes an english mortgage his right to redeem is a right on certain conditions to get it ..... urged that the settlement in this case created a charge which, since the provisions of the transfer of property act, 1882 came to be introduced in the code of 1908 in the shape of order 34, and prior to the amendments of that order in 1929, could only be enforced by the provisions as to sale or redemption contained in .....
Tag this Judgment!Court : Mumbai
Reported in : (1933)35BOMLR811
..... subject. while their lordships are disinclined to entertain any argument from the one system to the other, they would infer, if any inference were permissible, that the omission from the indian act of any such provision points rather to an intention to tax, in lord davey's phrase, only 'the real income' of the taxpayer, than to an intention to impose, without ..... , viz., march 24, 1926, the respondent issued another order reviewing the appellant's assessment, striking out the deduction of rs. 9,900 which he had been allowed and directing an amended assessment to be made on the appellant. the ground of the order was that the payments to the stepmother were 'the maintenance expenses of a member of the hindu undivided ..... high court and that the case be remitted to the high court with a direction that the assessment of the appellant to income-tax for the year 1924-25 be amended by the deduction therefrom of the sum of rs. 9,900.18. the appellant will have his costs of the appeal. .....
Tag this Judgment!