Court : Kolkata
Reported in : AIR1934Cal348,150Ind.Cas.124
..... servant of the imambarah for delinquency, or suspend or dismiss any of them; but cases of suspension and dismissal had to be reported to the committee. the amendment mentioned above, limiting the mutawalli's power of dismissal, was made on 6th february 1918, before any of the members of the committee defendants in the suit, ..... promoting the welfare of mankind, including both religious and charitable purposes. religious purposes do not exclude charitable purposes ; and we do not find anything in the indian statutes or in the rule of the mahomedan law, which draws a clear cut distinction between the religious or pious purposes on the one hand, and charitable ..... the hooghly imambarah by the committee, was a valid agreement, operative under the law. the committee appointed by the government under the provisions contained in act 20 of 1863, acted within their power in making appointments of mutawallis for a term, with conditions which were as much binding upon the persons appointed, as upon the .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1934Bom178; (1934)36BOMLR327
..... have been allowed and the suit proceeded with. as observed by jacob j. in guruvayya's case, such an amendment would not attract the operation of section 22 of the indian limitation act. 15. having regard to what has been stated above, i reverse the decree of the lower court, allow the appeal, and send the case to the trial court ..... s brother and uncle placed on the record either as co-plaintiffs or as defendants to ensure the defendant against the possibility of the plaintiff's acting without authority and the plaintiff was allowed to amend the plaint by making the other members of the family parties to the suit and the case was remanded. the procedure, thus adopted, was ..... to be disposed of on merits (after amending the record as prayed for by the plaintiff) on all points except .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1934Bom171; (1934)36BOMLR290
..... the aforesaid reply, specific performance was refused and that as no date for specific performance was fixed in the document, time began to run under article 113 of the indian limitation act from the date when plaintiff no. 2 had notice that performance was refused, that is to say from october 2, 1915. it was, however, contended on behalf ..... no. 2 very soon after it was received by his vakil. having regard to what has been stated above, i agree with both the lower courts that the amended claim for specific performance is time-barred.16. it was argued on behalf of the respondent that the document, containing the agreement to reconvey, contained merely a standing ..... suit, and that, as a consequence, there could be no objection to allowing specific performance to either of the plaintiffs. reference was made i in this connection to the amendment-application made to the district court in 1924. but in this case plaintiff no. 2 has already parted with his interest and plaintiff no. 1, who is the .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1934Bom79; (1934)36BOMLR47; 150Ind.Cas.478
..... judgments to the difference between the title and preamble in the two acts. the english act is intituled 'an act for amending and consolidating the enactments relating to arbitration'. on the other hand the indian act is intituled 'an act to amend the law relating to arbitration,' and the preamble states that 'it is expedient to amend the law relating to arbitration by agreement without the intervention of a ..... to refer to arbitration by a verbal agreement was in existence in india at the date when the indian arbitration act was passed. in those circumstances the indian arbitration act to amend the law relating to arbitration was passed. section 2 deals with the scope of the act and provides that 'it shall apply only in cases where, if the subject-matter submitted to arbitration were .....
Tag this Judgment!Court : Allahabad
Reported in : 147Ind.Cas.820
..... rules regulating the procedure under section 491, there is, however, a general rule made by this high court in exercise of the powers conferred by parliament, letters patent and acts of the indian legislature, which appears to be decisive of the point in issue. rule 8, chapter i of these rules of court runs as follows:no application to the same effect ..... in presidency towns to, make directions of the nature of a habeas corpus within the limits of their ordinary original civil jurisdiction. in the year 1923 the code was amended and by the amendment all the high courts in india were given power to take action under section 491, within the limits of their appellate criminal jurisdiction. it seems clear, therefore, that .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1934Bom86; (1934)36BOMLR68; 150Ind.Cas.467
..... given.19. the question we have to deal with is as to whether the plaintiffs have derived any benefit within the meaning of section 216 of the indian contract act from having supplied their own goods in purported fulfilment of contracts placed with them by the defendants to purchase such goods in the open market. the ..... purported to buy goods pursuant to the defendants' orders upon their account. in the course of the proceedings before the commissioner the plaintiffs asked for leave to amend their plaint by setting up a case that they were pakka adatias. this the commissioner refused to permit them to do. they asked for similar leave before ..... throughout the transactions between the parties seem to have treated themselves as being pakka adatias and not mere commission agents; and before the commissioner they asked leave to amend their plaint by alleging that they were pakka adatias. that application on their behalf was rejected, as the commissioner held that they could not change the case .....
Tag this Judgment!Court : Chennai
Reported in : (1934)66MLJ193
..... 1913). before that amendment, conspiracy was treated only as one of the means for the abetment of a crime and it was made punishable as a substantive ..... , indian penal code.10. the offence of criminal conspiracy was made a substantive offence by the introduction of section 120-a in the indian penal code by the criminal law amendment act (viii of ..... as secretary and agent of the said bank in trust for the said bank, which is an offence punishable under section 409, indian penal code, with transportation for life, and to do any act which may serve to conceal the said offence and prevent its detection and have thereby committed an offence punishable under section 120-b .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1934All273; 153Ind.Cas.733
..... necessary ceremonies was properly raised at a late stage in the case, i fully agree that the high court has no jurisdiction to entertain the suit under the indian christian marriage act (act 15 of 1872) on its original side. no doubt under clause 26, letters patent, the matrimonial jurisdiction between persons professing the christian religion was conferred upon ..... : see p. 42 of the printed record. this application, was granted on the same day. the next day, on 8th november 1932, a further application for amendment of the plaint was made by the petitioner, and an other ground was sought to be added to the plaint, namely, the marriage was void, because the person ..... , after the eeverend father livesay, a witness for the respondent; had been examined, a petition was filed on behalf of the petitioner that the plaint might be amended and a ground for the declaration that the marriage was void might be added to the plaint, namely, the marriage had not been solemnized according to the rules, .....
Tag this Judgment!Court : Mumbai
Reported in : (1934)36BOMLR237
..... date of the application for execution was the time from which the period of limitation was to run, and it was not until the amending act of 1927 was passed that the result of the application, viz., the final order passed on the application, became the material time.34. it was, therefore, the application and ..... objections raised by the judgment-debtor could not now be maintained.19. in the case cited, the question, stated briefly, was whether under article 182(5) of the indian limitation act (ix of 1908) it is sufficient to show that an application was made in accordance with law to the proper court for execution or to take some steps in ..... before the board by the learned counsel for the appellant, and the only arguments presented to the board were in relation to the other point, which was based upon the indian limitation act.12. the appellant alleged that the application for execution, in respect of which the above-mentioned order of the subordinate judge, dated april 22, 1929, was made, was .....
Tag this Judgment!Court : Allahabad
Reported in : 150Ind.Cas.699
..... patent are subject to the legislative powers of the governor-general in legislative council. it follows that the provisions of the letters patent can be amended from time to time by imperial act and that fresh jurisdiction not specifically conferred by the letters patent may be conferred on the high court to hear and try cases not expressly provided ..... and issuing of commissions. section 13(2) provides that such enquiry shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the indian penal code; and a tribunal shall be deemed to be a civil court for the purposes of sections 480, 482 and 485 of the criminal procedure code.16. lastly, the ..... that the order passed in such a proceeding is not an order passed in the exercise of original jurisdiction of the high court, conferred upon it by the indian bar councils act, modifying to some extent the power conferred upon it by the letters patent. at the same time, we would say that the mere fact that the words .....
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