Court : Chennai
Decided on : Mar-27-1939
Reported in : AIR1940Mad641
..... by defendant 1 as party defendants to the suit. the lower court granted this application by its order dated 7th october 1935, but it would appear that the amendment was not incorporated in the plaint until the date of the judgment. nevertheless, summonses were taken to the newly added defendants and they pleaded among other things that ..... lessee is not entitled to notice to quit under the general law. it is said that an assignment of a lease operates only as a sub-demise under the indian law and that therefore notice is unnecessary. reliance was placed on the decisions of the judicial committee in ram kinkar v. satyacharan and hunsraj v. bijoy lal seal ..... is a condition precedent to the filing of the suit itself. section 11 runs thus:no suits in ejectment or applications under section 41, presidency small cause courts act, 1882, shall be instituted or presented against a tenant until the expiration of three months next after notice in writing has been given to him requiring him to .....
Tag this Judgment!Court : Kolkata
Decided on : Mar-31-1939
Reported in : AIR1939Cal435
..... jurisdiction. by reason of section 106, this high court has now and will continue to have till the amendment of its letters patent by his majesty or till the indian legislature intervenes, the same jurisdiction and powers which it had under the repealed indian high courts act. the powers of the provincial legislatures are defined in section 80-a. they have power to make ..... 44 of the letters patent the provisions of the letters patent are subject to the legislative powers of the indian legislature. by section 106(1a) of the act the letters patent establishing or vesting jurisdiction, powers or authority in a high court may be amended from time to time by his majesty by further letters patent. it is therefore clear that the jurisdiction .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-31-1939
Reported in : AIR1939Bom410; (1939)41BOMLR899
..... of the plaintiff firms, who are carrying on business as dealers in cotton, linseed and shares, and also as moneylenders, has been duly registered under the indian partnership act. it is not suggested that there was any general partnership between them. the two agreements under which money was agreed to be lent by the plaintiffs to ..... and the suit is filed to recover the amount due.8. in the written statements originally filed various contentions were raised. when the matter reached hearing an amendment was applied for, and the sole contention raised in this appeal was included in the written statement. the contention was that in this transaction the two plaintiffs ..... from defendants nos. 1 and 2 in respect of these transactions. various defences were set up on the merits, all of which failed, but by an amendment the defendants alleged that in respect of these transactions for financing them the two plaintiff firms became partners ad hoc, and that that partnership was not registered under .....
Tag this Judgment!Court : Kolkata
Decided on : May-24-1939
Reported in : AIR1939Cal628
..... was normally bound to order execution upon the application of the decree-holder. this was the 'existing indian law' within the meaning of section 311(2), government of india act, 1935, when the impugned assam act came into operation. this amending act, amongst other things substituted new sections 10-a, 10.c and 10-d for the old sections ..... of the subordinate judge's order of 16th november 1938 on the ground, amongst others, that the aforesaid section 10-c inserted by the court of wards amendment act did not and could not affect his right to proceed with the execution under the provisions of the civil procedure code. on 31st january 1939, the subordinate judge granted ..... court of 'wards in assam had taken possession of the property of the mortgagor and that in consequence, section 10-c inserted by the assam court of wards amendment act, 1937 (which was passed by the assam legislature after 1st april 1937) operated as a bar to execution. subsequently,' there was an application on behalf of .....
Tag this Judgment!Court : Mumbai
Decided on : Jun-06-1939
Reported in : (1939)41BOMLR1119
..... the appellants had meanwhile been produced before the chief presidency magistrate, and made an application for a reference to the local government under section 8(a) of the indian extradition act. while this application was in course of being heard, the order passed by pandrang row j. was produced and the magistrate thereupon remanded the appellants to custody ..... appeared in a somewhat different form in the gazette, 1925, part ii, p. 307, under date january 3, 1925, in which it is expressly described as an amendment to the rules regulating proceedings under section 491(1) of the code of criminal procedure, and it was as follows, ' all applications for writ of habeas corpus shall ..... alteration of the rule to its present form appeared in the gazette, 1929, part ii, p. 1309, under date august 17, 1929, and the description of the amendment is identical with that in the earlier notification. accordingly, pandrang row j., as a single judge, had no jurisdiction to deal with petition no. 985.25. it .....
Tag this Judgment!Court : Mumbai
Decided on : Jun-16-1939
Reported in : AIR1940Bom5; (1939)41BOMLR1190
..... the time during which the appellants were prosecuting the darkhast in the parner court in good faith should be excluded. section 14, clause (2), of the indian limitation act, says:-in computing the period of limitation prescribed for any application, the time during which the applicant has been prosecuting with due diligence another civil proceeding, whether ..... under order xxi, rule 6(c). but the appellants made an application to the ahmednagar court to have the copy of the decree and the certificate of transfer amended. as observed in bhikaji v. dattatraya (1900) 2 bom. l.r. 888 'the civil procedure code contains no provision under which a representative of a deceased decree- ..... the parner court, and also that in any case the parner court should have stayed the proceedings in order to enable the appellants to obtain the necessary amended certificate from the court of the first class subordinate judge at ahmednagar and should not have dismissed the darkhast.3. the procedure to be followed by .....
Tag this Judgment!Court : Mumbai
Decided on : Jul-18-1939
Reported in : AIR1940Bom54; (1939)41BOMLR1263
..... as the argument for the defendant is not so much that under the english law the evidence is admissible, but that proviso 3 to section 92 of the [indian] evidence act has the effect of altering the english law..those remarks apply equally well to the case before us.25. the facts of the present case are by no ..... prepared to hold that the suit is against the firm only. while the learned advocate for the defendants was entitled to emphasize the frame of the pleadings and the amendment application filed, it cannot be overlooked that the suit is substantially one based on the promissory-note, and against the individuals signing it. too much stress cannot be ..... here to contend that the suit is not against them individually but only against the firm. there is no doubt that the very unfortunate and ill-advised application for amendment which aimed at avoiding the plea of 'agriculturists' has necessarily resulted in a hornet's nest for the plaintiff. but considering the two-fold prayer (in the prayer .....
Tag this Judgment!Court : Kolkata
Decided on : Aug-01-1939
Reported in : AIR1940Cal406
..... rules apparently did not think it necessary to define the expression 'young clearings' but the expression 'replanted areas' was defined with special reference to certain amendments in chapter iii of the act. had any definition of 'young clearings' been thought necessary it might possibly have been to the effect that 'young clearings' means 'young areas planted ..... documents of the case with which we are now dealing and also to some passages in the administration report of the indian tea licensing committee for the period from 1st april 1933 to 31st march 1938. he maintains that these documents show that both the central government and the ..... of the rules.9. the learned advocate-general of bengal asks me to reconsider the views which i expressed on this point in sundarpur tea estate v. indian tea licensing committee royal exchange : air1939cal508 and, in this connexion, he has referred me to certain portions of the correspondence contained in the brief of the .....
Tag this Judgment!Court : Chennai
Decided on : Aug-02-1939
Reported in : AIR1940Mad62; (1939)2MLJ686
..... the view the noble lord was taking of the case. there is no doubt that an action would lie on a destroyed bill both at common law and under the indian act. the rule has been stated thus in paragraph 287 of halsbury's laws of england (halsbury's edition):if an alteration (by erasure, interlineation, or otherwise) is made in ..... out of place to mention that an alteration in the date of a bill of exchange has been stated by the corresponding section of the bills of exchange act to be material. although the indian act does not clearly say so yet i do not think that there is any reason to hold that what would be regarded as a material alteration in ..... such a case on the principle embodied in section 65 of the indian contract act.11. section 87 would not therefore in my opinion stand in the plaintiff's way of getting the relief on the original cause of action. the application for amendment, made in this court would have to be determined therefore on the ordinary principles contained in order 6, .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-09-1939
Reported in : AIR1939All706
..... amendments, continue to have effect notwithstanding the repeal of that act by this act:provided that nothing in the said provisions shall, affect the provisions of the last but one preceding section.4. schedule 9 to ..... provides as follows:(1) the provisions of the government of india act set out, with amendments consequential on the provisions of this act, in schedule 9 to this act (being certain of the provisions of that act relating to the governor-general, the commander-in-chief, the governor-general's executive council and the indian legislature and provisions supplemental to those provisions) shall, subject to those .....
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