Court : Mumbai
Reported in : (1933)35BOMLR507
..... the four accused, and that there were strong reasons to believe that the accused had committed offences under sections 120b and 194 of the indian penal code. the form of this amendment does not appear to be much better than the original. on the same day, however, the government advocate did file an information with ..... high court, however, seem to have thought that they were justified in ordering the four accused to be arrested. on march 6, the government advocate applied to amend the original information by adding a paragraph that the petitioner, having carefully examined the papers, also came to the conclusion that grave miscarriage of justice had occurred, ..... advocate was styled a petition exhibiting an information in the matter of sections 184 and 195 of the criminal procedure code, not under section 194 at all. later amendments refer to it as an information exhibited under section 194. the so-called information entitled in the matter of the sub-inspector and the three prosecutors sets .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1933All241; 145Ind.Cas.367
..... majesty in council i think it is clear that the court has no power to grant any further extension. as order 45, rule 7 now stands (after the amendment introduced by act 26 of 1920) the applicant is bound to furnish the security and make the depositwithin 90 days or such further period, not exceeding 60 days, as the ..... two provisions having the force of law and regulating the same subject, they should if possible be so construed as to be consistent with each other. the indian legislature in passing act 26 of 1920 obviously must have borne in mind the provisions of the order of his majesty in council dated 9th february 1920. that order came into ..... to be exercised according to law, not an absolute discretion which may be exercised in defiance of law. it seems hardly necessary to quote authority for this proposition. the indian legislature has by statute limited the discretion of the court in the matter of allowing time. i doubt whether rule 9 even contemplated an order allowing more time. but .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1933Cal759
..... suffered by him in carrying out the transaction. had the commission agent been working on difference in price the result would possibly have been otherwise. i now turn to indian authorities other than holmes wilson & co., ltd. v. bata kristo de : air1927cal668 . these arise out of transactions of two kinds, foreign or indent trade [of ..... and the supplier, that merchant or agent is, in the transaction of sale which follows, in fact and in law a seller. before proceeding to discuss the indian authorities other than holmes wilson & co., ltd. v. bata kristo de : air1927cal668 , i desire to make certain observations with regard to the three english cases ..... 1926 cal 189 and, apprehending heavy weather from that quarter, took the precaution to amend by pleading in the alternative that, if agents, the plaintiffs had acted in accordance with mercantile custom known to the defendant who had consented to their so acting. at the hearing counsel for the defendant abandoned all defences on the merits and- .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1933All440
..... law specially applicable to the subject of evidence. section 4, last paragraph, criminal p.c., says:all words and expressions used herein and defined in the indian penal code and not herein before defined shall be deemed to have the meanings respectively attributed to them by that code.10. therefore the provision in the ..... accused persons the criminal procedure code 'intended in section 162 as amended by 'act 18 of 1923 to alter the provisions of section 27, evidence act. we consider that if the legislature had intended to alter the provisions of section 27, evidence act, the legislature would have repealed that section or amended it. we do not think it at all ..... because of the provisions of section 162,. criminal p.c. on the other hand it was contended that the evidence was admissible under section 27, evidence act,, which states as follows:provided that, when any fact is i deposed teas discovered in consequence of information received from a person accused of any offence, .....
Tag this Judgment!Court : Chennai
Reported in : AIR1933Mad646; 145Ind.Cas.594; (1933)65MLJ179
..... and the government may prescribe the rules under which, and the rates at which, such water-cess as aforesaid shall be levied, and alter or amend the same from time to time.4. by an amending act v of 1900, this section down to the words 'constructed by government' became clause (a) of section 1 and there was introduced anew clause ..... water flowing naturally down a river or stream or any naturally formed water-course. mr. varadachari has referred us to illustration (j) to section 7 of the indian easement act but that does not seem to have any application to the circumstances of this case.10. in my view the decision of the learned judge under appeal is correct ..... any other description of landholder not holding ryotwari settlement is by virtue of engagements with the government entitled to irrigation free of separate charge no cess under this act shall be imposed for water supplied to the extent of this right and no more.8. in their plaints the plaintiffs have set up mamool rights in accordance .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1933Bom450; (1933)35BOMLR929; 145Ind.Cas.630
..... the plaintiffs set oat two grounds for exemption from the law of limitation :(1) the time taken for prosecution of the delhi suit and appeal-section 14 of the indian limitation act, 1908;(2) the admission of the defendants made in their suit against the firm of maheshdas.it is common ground that the time taken for the prosecution of the ..... delhi suit, and further that the plaintiffs were not prosecuting the delhi suit in good faith, (2) that the learned judge was wrong in allowing amendment of the plaint to the effect ..... that effect. the amendment was opposed but allowed by the learned judge.17. the contentions raised by the learned advocate general in appeal are : (1) that the plaintiffs are not entitled to rely on section 14 of the indian limitation act, 1908, as it is not proved that the cause of action in this suit is the same as that in the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1933All597
..... in his majesty's regular forces shall be paid without any deductions other than the deductions authorized by this or any other act or by any rule warrant for the time being.10. this section was amended by the army amendment act of 1895, section 4 of which added the words 'or by any law passed by the governor-general in council.' accordingly, if ..... in person or by an advocate duly prepared to inform the honourable court on the aforesaid date whether the judgment-debtor is or is not a person to whom the indian articles of war apply, that you should also supply the materials on which the information is based, and that the case will be laid before the court for disposal on ..... pleader to the case of f.b.d. hay v. ram chandar (1917) 39 all 308, in which it was definitely held that the pay of an officer of the indian army may be attached in execution of a decree against him to the extent of one-half. the learned judge had also before him general letter no. 5/44-9 .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1933All642; 147Ind.Cas.529
..... at the time that case was decided, the law on the point was somewhat different. according to the repealed section 130, t.p. act, for which the present definition in section 3 was substituted by the amendment act, 11 of 1900, section 2, any claim which could be recognised by the courts as affording grounds for relief was an actionable claim ..... to the definition of the actionable claim, as given in section 3, tp. act, now, the right to damages accruing after the occurrence of a breach is not an actionable claim but. a mere right to sue. before the amendment act 11 of 1900', clause (e), section 3, t.p. act, laid down that a mere right to sue 'for compensation for ..... the one reported in jewan rani v. ratan chand krishen chand air 1921 cal 795. in this case, the learned judges field that there was authority both english and indian for the view that a claim to unliquidated damages for breach of contract was not asssignable. at one place in the judgment, we find the following observations:moreover, .....
Tag this Judgment!Court : Chennai
Reported in : AIR1934Mad294; 150Ind.Cas.339
..... that this did not affect insolvency petitions as they are not included in the category of applications and appeals to which alone those sections apply. in 1922 the limitation act, was amended by the introduction of section 29(2) by which section 4 and sections 9 to 18 were made applicable to all special laws in which their application was not ..... determining whether under the modern law the period of three months is or is not a period of limitation. i am of opinion that on the words of the indian statute now in question the period is one of limitation.6. the next question is seeing that the insolvency petition was by reason of section 4, lim ..... could not have been intended by the legislature.3. no decision english or indian determining the point has been cited. in england, section 145, bankruptcy act 1914 corresponding to section 141 of the act of 1883 deals with computation of time for doing and taking proceedings under the act and provides inter alia that if the last day of the limited time .....
Tag this Judgment!Court : Chennai
Reported in : AIR1934Mad115
..... rs. 50 for suits under section 73 (vide section 81 and schedule 2). section 81 says:notwithstanding anything contained in schedule 1 or schedule 2, to the madras court-fees amendment act, 1922.17. this shows that the object of section 81 and schedule 2 was to raise the court fee from rs. 15 to rs. 50 and not to make suits ..... section 73 relating to further or other reliefs? it may be that under the court-fees act a prayer for accounting may be tentatively valued by the plaintiff (vide section 7 01. (iv), court-fees act (7 of 1817). it may be that the court-fees amendment act of 1922 allowed all suits for accounts and damages to be filed with a court-fee ..... for taking accounts and that such a prayer comes under the last clause relating to 'such further or other relief as the nature of the ease may require;' still the indian legislature thought it necessary to make the matter clear by expressly inserting 01. (d) in section 92 which relates to the taking of accounts in the .....
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