Court : Chennai
Reported in : 148Ind.Cas.1155
..... of rs. 50 for suits under section 73 (vide section 81, schedule ii). section 81 says:notwithstanding anything contained in the first or second schedule to the madras court fees amendment act, 1922.15. this shows that the object of section 8l and schedule ii was to raise the court-fee from rs. 15 to rs. 50 and not to make suits ..... definite and limited to rs.50. on the one hand suits under section 73 are not made too cheap like the suits under the court fees amendment act of 19:2 or under the court fees act, vii of 1870, where the notional valuation given by the plaintiff may be very small. on the other hand they are not made too costly because ..... 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 case may require,' still the indian legislature thought it necessary to make the matter clear by expressly inserting clause(d) in section 92 which relates to the taking of accounts in the .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1934Bom189; (1934)36BOMLR277; 152Ind.Cas.267
..... suleman v. patell (1933) 35 bom. 721 seem to be in oversight of the latter portion of section 63, clause (d).19. on the basis that the amended act does not apply, the further argument addressed to us on behalf of the appellant took a double form; first that notice was unnecessary in order that the charge may be ..... created by a charge, the charge had been made either by a registered document or a decree of the court; and section 17(2)(v) of the indian registration act exempts decrees of the courts from the provisions under which registered documents are required for the creation of interests in immoveable property.4. a further difficulty that arises ..... documents are to have priority over oral agreements (unless they come under the exception which is at present irrelevant). the argument in answer to section 48 of the indian registration act was that priority is only given as against an oral agreement : and an oral agreement is explained for the purposes of this answer as a bare agreement,-an .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1933Cal754
..... orders of the governor of bengal in council containing, it is alleged, words of the nature described in sub-section (1) of section 4, indian press (emergency powers) act 1931. this act was amended by the criminal law amendment act 1932, being act. 23 of 1932, and the question now for our decision is whether the said news item reproduced in the said annexure does or does ..... were considered objectionable by government as in their opinion they were hit by clauses (d) and (f) of section 16, criminal law amendment act, 1932 (act 23 of 1932). it is not necessary for me to set out the words originally appearing in sub-section (4), indian press (emergency powers) act, 1931, nor is it necessary for me to set out the whole of the .....
Tag this Judgment!Court : Kolkata
Reported in : 145Ind.Cas.881
..... of bengal in council containing, it is alleged, words of the nature described in sub-section 1 of section 4 of the indian press (emergency powers) act, 1931. this act was amended by the criminal law amendment act of 1932 being act xxiii of 1932 and the question now for our decision is whether the said news item reproduced in the said annexure does or ..... their opinion they were hit by clauses (d) and (f) of section 16 of the criminal law amendment act, 1932 (act xxiii of 1932).4. it is not necessary for me to set out the words originally appearing in sub-section 4 of the indian press (emergency powers) act, 1931, nor is it necessary for me to set out the whole of the ..... amending section, namely section 16 of act xxiii of 1932. it would be sufficient for me to set out the relevant sub-clauses', namely sub .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1933All690; 145Ind.Cas.481
..... that one document has been typewritten on the same machine as another document is not' admissible, under section 45, evidence act. it is for the legislature to consider whether the section should not be amended; but as it stands, it does not include such expert opinion. the court may ask the witness to explain points ..... scavengers were employees of the same municipality and he sided with them because they had a just grievance. there are trade union activities of his during the east indian railway strike at lillooah, ondal and asansoj. apparently mittra tried to get the strike extended; but these can be characterized as trade union, and not necessarily ..... re-yolutionary organization ; to repulse the attacks and allegations that have been levelled against it in this court and finally to assert the right of the indian working-class and the right of the communists in india to associate with this body....the communist international considers the national revolutionary struggle in the colonies and .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1933All764
..... , it is difficult to know what it do include.again:the local legislature has in a number of instances, both under the indian councils act of 18g1 and under the government of india act, created tribunals for particular purposes or excluded the jurisdiction of the civil courts in particular cases. the enactments containing these provisions have ..... legislative council, and also of the governer-general in council under section 71, government of india act, 1915, and also of the governor-general in cases of emergency under section 72 of that act and may be in all respects amended and altered thereby.31. it was argued that as section 35 does refer to the government ..... legislatures couldmake laws and regulations for the peace and good government of such presidency, and for that purpose to repeal and amend any laws and regulations made prior to the coming into operation of this act by any authority in india, so far as they affect such presidency : provided always, that such governor in council shall .....
Tag this Judgment!Court : Allahabad
Reported in : 147Ind.Cas.148
..... it is difficult to know what it does include.70. again:the local legislature has in a number of instances, both under the indian councils act of 1861 and under the government of india act, created tribunals for particular purposes or excluded the jurisdiction of the civil courts in particular cases. the enactments containing these provisions have repeatedly ..... council, and also of the governor-general in council under section 71 of the government of india act, 1915, and also of the governor general in cases of emergency under section 72 of that act and may be in all respects amended and altered thereby.47. it was argued that as section 35 does refer to the government ..... could make laws and regulations for the peace and good government of such presidency, and for that purpose to repeal and amend any laws and regulations made prior to the coming into operation of this act by any authority in india, so far as they affect such presidency provided always, that such governor in council shall not .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1935Cal39
..... payable and actually paid,' and it is also pointed out that the correctness of the decision of greaves, j., cannot be questioned because it led to the amendment of the act. we do not see the force of these contentions because the evidence is that the income-tax people examined the books and assessed the tax and the defendant ..... on their behalf, respectively, on 24th and 26th august 1926. thereafter the learned judge settled the issues on 26th august 1926. some of these issues underwent some amendment later on at the instance of the parties; and thereafter the enquiry was held and completed.58. the learned judge has recorded his conclusions in 18 paragraphs at ..... a lamentably protracted litigation.' the rule of court in england, in this matter, is not the same as the statute law in this country (vide sections 351 to 354, indian succession act). peruvian guano co. v. dreyfus brothers & co. (1892) ac 166 is a very different case. the question was one of damages for detention of some cargoes, .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1933All861
..... of the civil p.c., in conducting a trial, and that the agreement of parties does not give the court jurisdiction toadopt a, different procedure. act 5 of 1908 is entitledan act to consolidate and amend the laws relating to the procedure of the courts of civil judicature.45. this indicates that the code deals exhaustively with the subject, as the laws ..... to a single judge or larger bench for the determination of the following questions and disposal of the case:(1) can the parties to a suit agree, apart from the indian oaths act, that they will abide by the statement of a witness, including one who is a party to the suit and can they 'leave the decision of all points' ..... . i agree with my learned brother in his finding that the application does not come under the oaths act.36. the suggestion has been made that defendant 1 can be treated as a person coming under section 20 of the indian evidence act. but that section deals with persons to whom a party refers for information and not to a person .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1933All846
..... unamended sections was in any wav wrong. the addition of the proviso is a fresh enactment and that enactment came into force on the 4th october 1929 when the amending act received the assent of the governor-general. this was during the pendency of the present appeal.12. but there is a well recognised principle that where an ..... amending act lays down a rule of procedure it ordinarily affects pending actions. that is the view which has prevailed in england, and this view was pointed out by a ..... their lordships themselves permitted such a plea to be1 raised for the first time before their lordships.5. the first contention seems to be that under the indian registration act, as it stood unamended by act 21 of 1929, a contract for sale of immovable property must, in view of their lordships' pronouncement, be deemed to be compulsorily registrable. we do .....
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