Court : Allahabad
Reported in : AIR1925All787
..... difficulty is really due to the circumstances that the amendments of the court-fees act have not kept pace with the amendments of the code of civil procedure. in 1870, when the court-fees act was passed, act no. viii of 1859 as amended by the act of 1860 was in force. under those acts there was no such thing as a preliminary decree ..... justice piggott held that it was open to the defendant-appellant to fix his own valuation and this decision was followed in 4 patna law times 638; 75 indian cases 871. in this latter case the defendant appealed against only so much of the preliminary decree for accounts as gave the plaintiff a right to examine and criticize ..... sections of chapter iii. courts have invariably applied these sections contained in chapter iii to appeals pending in high courts though there is no specific provision in the act under which these sections are made applicable to appeals in the high court and though the heading of that chapter points to a contrary direction.8. but it .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1926All229; 92Ind.Cas.454
..... where a civil or revenue court had passed an order under section 476. the full bench case had of course been followed by this court till the code was amended. the amended code has made certain alterations in sections 195, 476, 439 and 537. a criminal revision no. 428 of 1924 came up before mukerji, j., who considered the ..... examined. after the dismissal of the suit the defendant applied to the trial court for proceedings being taken against the plaintiff under section 193 and section 471 of the indian penal code, inasmuch as he had verified the plaint and filed documents which were said to be forged. the trial court declined to pass any such order. on ..... counsel for the applicant has urged before me that i should exercise the power of superintendence conferred on the high court under section 107 of the government of india act. i doubt very much whether the word 'superintendence' could have been intended to mean the same thing as revision. i however consider it unnecessary to decide whether .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1926All217
..... would make the application before an order of abatement has been made. a fortiori there would be no necessity for granting further time under section 5 of the indian limitation act for making an application for setting aside an abatement.11. we accordingly direct that the papers be laid before the honourable chief justice for consideration whether the ..... a suit cannot be dismissed automatically does not apply to an automatic abatement of a suit. the legislature has not only amended the code of civil procedure but has also similarly amended article 171 of the new limitation act. now, the application is to set aside an abatement, and 60 days begin to run from the data of the ..... remarked: 'as no application was made in this case to bring on the record the legal representative of the deceased respondent within the six months prescribed by the limitation act this appeal has abated.' they then went on to say 'we accordingly declare that the appeal has abated.'8. under order 22, rule 4(3) it is .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1927All1
..... and which has now been found to be the fact, the lower appellate court's decree would have been upheld. could the legislature have intended that because the amending act came into force between the remand and the return of the finding, hanuman das is to lose his priority and girjanandan is to acquire an interest in the ..... case the act is declaratory in form but amending in substance. if nothing had occurred beyond the decision of the privy council in shamu pattar's case [1912] 35 mad. 607 it might be said that the legislature intended to declare that decision to be incorrect. the matter did not, however, rest there. the indian legislature by act 26 of ..... 1917 accepted and embodied in an act of .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1928All561
..... against the widow, and the adverse possession against her being good as against the reversioners, i fail to see why the legislature cannot, by a subsequent amendment of the limitation act, destroy the effect of one part of the rule while leaving intact the other part. there is nothing illogical in that. by the enactment of article ..... we, then, to assume that their lordships of the privy council and the learned counsel at the bar were ignorant of the existence of these provisions of the indian law, relating to a suit by a reversioner? the obvious answer is, their lordships were answering the only question that they did answer, after pages of consideration ..... we referred by holding broadly that an adverse possession against a hindu female heir will not be effective against and binding on the reversioners.137. the hon'ble acting chief justice, mr. sulaiman, answers the question that we referred by holding thatwhere a widow has entered into possession as a hindu widow and has either voluntarily .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1929All53; 113Ind.Cas.442
..... is admitted that the plaintiff pre-emptor would in face of the authorities have had no 'subsisting right'. it is clear that the act was an act intended to consolidate and amend the law' (see the preamble). but it is also beyond doubt that if the law was clearly established in one sense by a well-known cursus curiae, ..... may be that the proposition was not even true. i find no trace in the arguments or judgment of any statement or explanation of the procedure followed by the indian legislature in the year 1869 in respect of marginal notes. in the circumstances, therefore, it was only to be expected that their lordships would not attach any authority ..... therefore they were not prepared to ascribe any greater authority to the former. very likely no such reason could have been given. the indian statute under consideration in that case was the oudh estates act which was passed by the governor-general-in-council in 1869. their lordships could not be expected to attach any authority to the marginal .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1929All105; 113Ind.Cas.819
..... court has jurisdiction to direct delivery of property to the receiver when it is moved by a petition. section 4 of the present act has been so altered as to confer such a power. the amendment should not be regarded as if for the first time a new power had been conferred. i am of opinion that section ..... (3) 'settlement' shall for the purpose of this section include any conveyance or transfer of property.22. it will thus appear that both under the english and indian law, a settlement or transfer of property can be annulled by the insolvency court at the instance of the official receiver or the trustee in the bankruptcy upon the ..... remove the transferee from the possession and to vest it in the receiver. their lordships noticed that the indian provincial insolvency act contained no provisions as section 102, english bankruptcy act, which expressly empowered the bankruptcy court to decideall other questions whatsoever whether of law or of fact which may arise in any case of bankruptcy coming .....
Tag this Judgment!Court : Allahabad
Reported in : 118Ind.Cas.17
..... or 'to take a step-in-aid of execution' are merely descriptive of the application with reference to its contents especially the relief asked for therein. schedule i of the indian limitation act abounds in expressions of that kind, e.g., 'suit for possession', 'suit for redemption', 'suit for declaration' etc., and 'application for re-hearing' (art. 169), ..... applying for execution either failed to take some necessary step in furtherance of his application or to rectify an error or omission which he had been ordered to amend or intimated to the court that the object of his application was not to execute the decree but simply to save time. in such cases it was ..... the payment or delivering the property in respect of which the applicant seeks to enforce the decree.93. article 179 of the limitation act (xv of 1877) was left intact. inspite of the amendment of the rule in section 230, civil procedure code, the former could have no other meaning than what it previously did the wording of article .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1930All206
..... , there was no provision corresponding to section 526(6a) of the present criminal p.c. the aforesaid clause was placed upon the statute book under the amending act 18 of 1923. this amendment led to consequential changes in section 526(5) of the original section.9. section 526(6a), criminal p.c. provides as follows:where any application for ..... not been defined in the criminal p.c. but section 4, sub-section (2), of the code provides thatall words and expressions used herein, and defined in the indian penal coda and not hereinbefore defined shall be deemed to have the meanings respectively attributed to them by that code,15. section 11, i.p.c. provides thatthe word ..... high court may direct him to execute a bond, with or without sureties, conditioned that ho will, if convicted, pay the costs of the prosecutor.19. by the amending act, 1893, the words convicted, pay the costs of the prosecutor' were substituted by the words:so ordered, pay any amount which the high court has power under this .....
Tag this Judgment!Court : Allahabad
Reported in : 125Ind.Cas.453
..... damage to the goods notwithstanding the fact that the entire price had not been paid or delivery taken. the word 'ascertained' has not been defined or explained in the indian contract act. according to chitty (law of contracts, 17th edition, 1921, page 462) the expression means 'goods which the parties have agreed upon as the goods to be ..... ultra virea and as such was not binding upon the defendant. under article 51 of the articles of association no article of association could be ruled out or amended except at a general meeting of the sabha. the moving or passing of a resolution regulating the business of the members upon the happening of a sudden and ..... affirmative. the lower appellate court answered it in the negative.8. in the memorandum of the articles of association, there is a provision that the articles cannot be amended or added to 'except after notice of the intention to propose such alteration at some specified general meeting shall have been given at least 5 days before the .....
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