Court : Chennai
Reported in : AIR1932Mad605; (1932)63MLJ764
..... rather than some general classification, in which the suit may also be included, which may be more favourable to the plaintiff. but mr. somasundaram has suggested that another amendment to the court fees act has been made for this presidency, which affects, the question, i.e., the proviso introduced in 1922 towards the end of section 7(iv), which runs:provided ..... pran nath roy (1901) i.l.r. 28 cal. 475 (p.c.) and khagendra nath mahata v. pran nath roy make the matter absolutely clear so far as the indian courts are concerned. in jalandhar thakur v. jharula das the privy council refer to a suit 'brought to set aside a decree'. a suit to set aside a decree being ..... have got to give effect to that provision of law. suits to set aside decrees have been known to the indian limitation act from 1859 to 1908. (see article 92 of the present limitation act and the corresponding provisions in the earlier acts.) for the reasons i have given, the suit before us should be taken to be one to cancel or set .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1932Bom468; (1932)34BOMLR917
..... general has argued the case on the basis that truth is immaterial. we think in that contention he is right. there is no exception in a 4 of the indian press act as amended by the ordinance, making truth and public good an answer to a charge under the section, as in the case of exception (1) to section 499 of ..... the indian penal code dealing with defamation. this court is not concerned to consider the wisdom, or lack of wisdom, of a policy of suppressing criticism upon unlawful or injudicious acts of ..... amended by a later ordinance published on february 6, 1932, a sub-clause (d), which is material for the purposes of this case, has been added to section 4 of the indian press act containing these terms:-or which tend directly or indirectly to bring into hatred or contempt his majesty or the government established by law in british india or .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1932Bom498; (1932)34BOMLR862
..... it would be competent to a creditor to maintain an action in his own right to set aside a fraudulent transfer of property. but when the legislature recently amended the transfer of property act it followed the rulings of this and the calcutta high courts on this point in preference to the rulings of the madras high court to the contrary. this ..... would not affect the merits of the question, as this case is governed by the transfer of property act before it was amended in 1929 we are, however, bound by the ruling of our own high court on this point, and in my opinion the plaintiffs' case would fail under ..... s share in the property never effectively passed to the son. the first is that there is no transfer registered under the indian registration act; but the answer to that is that under section 17, sub-sectiones (2)(vi) of the act, as it stood in 1928, there is an exception in the case both of decrees and awards, and inasmuch as the .....
Tag this Judgment!Court : Chennai
Reported in : AIR1932Mad693; (1932)63MLJ303
..... '. now, when once this document has been admitted in evidence and marked as an exhibit, then having regard to the provisions of section 36 of the indian stamp act, its admissibility could not be re-opened on the ground of the document not having been duly stamped. that position being clear under the provisions of section ..... original plaint, which apparently contained a rather clear statement relevant to the question that i am now considering, and also the allegations in the application for amendment filed by the plaintiff. the learned district munsif came to the conclusion that in the present case the loan and the execution of the promissory note should ..... the conclusion that the promissory note must be taken to be unstamped and accordingly inadmissible in evidence. at that stage, the plaintiff came with an application for amending the original plaint by inserting certain allegations to the effect that money was lent to the defendant the same day, though a promissory note was also executed .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1933Cal154
..... in whole or in part, the share of a mortgagor.22. the effect of the word 'only' introduced into this paragraph by the amending act of 1929 need not be considered here, as the amendment came into force after this suit was commenced. but these are not the only instances of severance that may be conceived or allowed. it ..... 10 annas share of the principal defendant (i.e. malia) in the subsoil right settled with him in respect of mauza chalbalpur and the kuthi, pits, machineries, pumps, boiler, headgear, engine, tramlines, and the equipment and houses, etc., comprised therein.4. the ten annas share of the mauza, in respect of which the claim was made as ..... kabuliyat also contained the following stipulation:further, the right i have got on the basis of this settlement, the machineries of the said kuthi, the engine and the boilers, etc., will all along remain under first charge for the said royalty and minimum royalty,2. disputes arose between misra and the proprietors of the searsole estate and .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1933Bom26; (1932)34BOMLR1469
..... only the presumptive heirs of eknath, and therefore the suit as brought was merely for a declaration and injunction, and as such governed by article 120 of the indian limitation act. that will distinguish that case from the present case.9. the learned advocate for the appellant has further relied on krishnaji v. annaji : air1930bom61 . that, ..... the plaintiffs did make an application to the court asking that their suit should be interpreted as one for ' constructive possession ' of the plaint property. the amendment was allowed and additional court fees accepted, although no formal alteration was made in the plaint. in my opinion no formal alteration was necessary, because even without ..... it so happened that during the pendency of this suit eknath died on december 16, 1926, and an application was made by the plaintiffs for leave to amend the plaint in order to join a prayer for possession to the other prayers for a declaration and injunction which they have made.8. that application was not .....
Tag this Judgment!Court : Kolkata
Reported in : 138Ind.Cas.849
..... killing fifteen and wounding two hundred, was not covered by the wider language of section 4(1) of the now repealed indian press act 1910 (act i of 1910). it is not passible to lay down a precise test and we do not desire to commit ourselves to ..... words are or are not of the nature dt scribed in section 4 sub-section.7. that sub section has bsen temporarily amended by section 63 of the emergency powers ordinance 132 (ordinance 11 of 1932), published in the gazette of india of january 4th, ..... contempt his majesty or the government established by law in british india or the administration of justice in british india or any indian prince or chief under the suzerainty of his majesty, or any class or section of his majesty's subjects in british india ..... 1932), published in the gazette of india of february 6th 1932.8. the relevant portions of the sub-section as amended are as follows:any newspaper...containing...any words '...which tend, directly or indirectly.(d) to bring into hatred or .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1932Cal651
..... must be handed to the clerk of the court with the indictment, unless they have already been deposited as an exhibit to the depositions. under the law of libel amendment act, 1888 just referred to particulars showing precisely by reference to pages, columns and lines in the part of the book in which the obscene libel is to be ..... the petitioners. in answer to this contention mr. khundkar, the learned deputy legal remembrancer, who appears for the grown argues that this contention does not find any support from indian authority and refers to the case of kherode chandra boy v. emperor [1912] 39 cal. 377.8. it does not appear however that the point was raised in ..... have just referred. (his lordship then proceeded to deal with the book keeping in mind the test of obscenity just enunciated in accordance with the authorities both english and indian and concluded). i have no doubt in my mind that the whole of this chapter has a harmful influence on immature minds. mr. biswas argued that the reading .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1932All527
..... not come into force but the latter was enacted in 1882 and although 50 years have passed since it was enacted the legislature did not think it necessary to amend the evidence act, which had been enacted ten years earlier. this circumstance would go to show that in order to make a mortgage deed admissible in evidence as a mortgage deed or ..... argument, in our opinion, is fallacious and makes too many assumptions which are riot warranted by facts. to start with, the succession act of 1865 was not amended -by act 39 of 1925. the act of 1925 is only a consolidating act putting together all the law that was to be found on similar subjects in many enactments. thus it cannot be said that the ..... v. sanderson [1884] 9 p.d. 149, relied on in uttam singh v. hukam singh [1917] 39 all. 112 and harris v. knight [1890] 15 p.d. 170 and an indian case jongendra nath v. nitai gharan [1903] 7 c.w.n. 384 has also been cited. the first two were cases of a will and the last one was a .....
Tag this Judgment!Court : Kolkata
Reported in : 149Ind.Cas.903
..... that of the central bank of india, limited, in the case cited. that being the position, the advocate general, on behalf of the plaintiffs, applied for leave to amend the plaint and to raise a new issue by alleging that the documents and/or goods had been obtained from the plaintiffs by kerr tarruck & co., by fraud and ..... which was granted upon the terms that the plaintiffs should pay to the defendants the whole of the costs of the suit up to the date of the amendment, and the further hearing was adjourned, with leave to both parties to call further evidence. the hearing was resumed on january 27, 1933, when the plaint was further ..... doing injury. 'dishonestly' means with the intention of causing wrongful gain or loss (section 24, indian penal code). wrongful gain or loss means gain or loss of property by unlawful means. (section 23, indian penal code).19. 'fraud' is defined in section 17, contract act. it is doubtful whether this definition is intended to apply to the word 'fraud' in section .....
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