Court : Kolkata
Reported in : AIR1935Cal74,153Ind.Cas.872
..... article does fall within the mischief aimed at by section 4 of the act of 1931 as amended by the amending act of 1932 and, there fore, this application ought to be dismissed.s.k. ghose, j.16. this is an application under section 23, indian press (emergency powers) act, 1931 and it is directed, against certain orders made under sections 10(1 ..... ) and 6(1) of the said act. there is a bengali vernacular daily newspaper called ..... established by law in british india'-or to excite disaffection towards the said government,' which are the only parts of section 4(1) of the act 23 of 1931 as amended by section 16, act 23 of 1932, we are concerned with in the present case. i may observe here that i have heard no arguments before me that .....
Tag this Judgment!Court : Mumbai
Reported in : (1934)36BOMLR881
..... was no pleading to this effect, no issue and no evidence, and, i think this is one of the complications introduced in the case by reason of the amendment of the issue, which the plaintiff had never any opportunity to meet. if the defendant had said that the plaintiff used this process for profit or commercially, the ..... , which originally consisted of the plaintiff and girdharlal was dissolved and came to an end in october-november, 1930. taking the latter part of the issue as amended, the finding on it is as follows:-there was a public user of the process by the plaintiff himself and of substantially the same process by other merchants ..... not favourably inclined towards him.22. the first question is, is this process, for which a patent is granted to the plaintiff, an invention within the meaning of the indian patents and designs act, 1911? section 2(8) defines invention as meaning ' any manner of new manufacture, and includes an improvement and an alleged invention '. section 2(10) says that .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1935Bom5; (1934)36BOMLR1021
..... description may be dissolved by a form of divorce provided or allowed by the law of the domicile in respect of a different kind of marriage. the indian divorce act was passed to amend the law relating to the divorce of persons professing the christian religion. it purports to be, and one would expect that it was intended to be ..... . carden noad has not based his case solely, or principally even, upon the petitioner's conversion to mahomedanism. his argument was this. the indian divorce act must be looked at as it stood before the amendment of 1927, by which the words 'or the respondent' were added after the word 'petitioner' in section 2. that is to say, only ..... is true that as he did not profess the christian religion a mahomedan husband could not have petitioned for a divorce against his wife under the indian divorce act until by an amendment in 1926 the court was given jurisdiction 'where the petitioner or respondent professes the christian religion ', but this was a casus omissus when the .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1934Bom471; (1934)36BOMLR954
..... judgment of a high court cannot be altered or reviewed except as provided by the code or by the letters patent of the high court. section 369 was amended in 1923, but the amendment has not made any change in the powers of the high court in this respect. it has been held in a large number of cases queen-empress v ..... n.j. wadia, j.1. the accused inderchand bachraj marwadi was convicted by the first class magistrate, western division, east khandesh, of offences under sections 209 and 196 of the indian penal code and was sentenced to suffer eight months' rigorous imprisonment and a fine of rs. 500, in default two months' further imprisonment under each offence. the sentences of imprisonment .....
Tag this Judgment!Court : Mumbai
Reported in : (1934)36BOMLR1195
..... the fact that since the present suit was. brought the law in india has been altered by the transfer of property (amendment) act, xx of 1929, which has inserted a new section 53a in the principal act, whereby a defendant in an action of ejectment may, in certain circumstances, effectively plead possession under an unregistered contract of ..... -plot would have been in time, but that by august 3, 1925, when the defendant was allowed by the acting district judge to amend his written statement, such an action would have been barred by the indian limitation act, section 3, first schedule, article 113. the effective decision of the district judge was that the defendant having become ..... pleaded by way of defence the plaintiff's agreement to convey the southern half-plot to him, the defendant asked leave to amend, and on august 3, 1925, he was allowed by the acting district judge to add the following paragraph:that this defendant further pleads that as plaintiff has agreed to convey the [half] plot .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1935Bom213; (1935)37BOMLR165
..... plaint as payments to the. plaintiff by the 1st defendant in respect of interest as such, but these do not satisfy the requirements of section 20 of the indian limitation act, as they were admittedly not made before the expiration of the period of limitation. counsel for the plaintiff next argued that he relied on all the payments specified ..... payment of costs, and the amendments have accordingly been made.3. counsel for the defendants argued that on the facts as stated in the plaint, and assuming them for the sake of the argument on ..... bom. 250 the appeal court has gone even further and held that even if no ground of exemption from limitation is alleged, the plaintiff may still apply for an amendment of the plaint in order to show on what precise ground he contends that the suit is within time. the application was, therefore, allowed on certain terms as to .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1935Cal513,157Ind.Cas.387
..... the same time on an application made on behalf of the crown the commissioners tendered a pardon on the terms and conditions imposed by section 8, bengal criminal law amended act, 1925, to the accused sailesh chandra ghosh, namely on the condition of his making a full and true disclosure of the whole circumstances within his knowledge relative to ..... . we are of opinion that the legal position as regards the evidence of an accomplice or an approver as deduced from the relevant sections of the evidence act and the english and indian judicial decisions is comprehensively summarised by sir arthur page, c.j. of burma in aung hla v. emperor, 1931 rang 235 at p. 427, where ..... after quoting sections of the evidence act, and after having considered a large number of authorities he stated:we are of opinion that the effect of these sections which .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1935Bom208; (1935)37BOMLR82
..... the fact that since the present suit was brought the law in india has been altered by the transfer of property (amendment) act, xx of 1929, which has inserted a new section 53a in the principal act, whereby a defendant in an action of ejectment may, in certain circumstances, effectively plead possession under an unregistered contract of ..... under an agreement for a lease without bringing a separate suit for specific performance before their right to do so has become barred under article 113 of the indian limitation act; it is not sufficient that the right was not so barred at the institution of the suit for ejectment.'the next case relied on was webb v. ..... did not get it registered. consequently, it is not admissible in evidence and cannot be referred to for any purpose whatever ; neither under section 91 of the indian evidence act is any evidence admissible to prove its contents.9. mr. dave for the respondents has relied especially on bapu apaji v. kashinath sadoba and venkatesh damodar v. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1935Cal580,158Ind.Cas.1
..... c.s., as president. the tribunal was constituted for the trial of thirteen persons who were accused of offences falling within the first schedule to the bengal criminal law amendment act, 1925. of these accused persons we are concerned with only ten, and their numbers and names as also their convictions and sentences will appear from the following list ..... likely to cause death, elements which are contemplated by clause 4 of section 300, i.p.c. in our opinion, therefore the act did not amount to murder' within the meaning of the indian penal code. the result is that the conviction which the learned commissioners have recorded under sections 395 and 396, i.p. c, ..... on which the accused persons have also been convicted.patterson, j.32. i agree.guha, j.33. in this reference under section 3(2), bengal criminal law amendment (supplementary) act, 1925, read with section 374, criminal p.c, and in the four appeals by ten accused persons, who have been convicted and sentenced by the commissioners of .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1935Bom1; (1934)36BOMLR1136
..... of this nature has, however, been adduced by government. the notification by government declaring the association unlawful merely recited, in the words of the criminal law amendment act, that in the opinion of government the association had for its object the interference with the administration of the law or with the maintenance of law and ..... english law in a similar connection. it is true that the word 'misconduct' in legislation upon this subject appears for the first time in the indian bar councils act. under regulation ii of 1827, section 56, which is the first legislative enactment on the subject, the court can take action against a pleader accused ..... in england. in our opinion, the english cases provide no justification for restricting the natural meaning of the words 'professional or other misconduct' in the indian bar councils act, and that meaning is misconduct in a professional or other capacity. in our view, the legislature intended to confer on the court jurisdiction to take .....
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