Court : Kolkata
Reported in : AIR1927Cal332,101Ind.Cas.854
..... , referred to in the evidence of mr. poster. it is further argued that, in any event, such evidence was inadmissible under the provisions of section 92 of the indian evidence act and that, as a matter of fact, even if this evidence be received it is inconsistent with the other evidence on record and should not have been relied upon. ..... contend that in the circumstances appearing on the evidence, the charterers were not liable because the case sought to be raised had been definitely disallowed' on the application for amendment of the written statement and also because it was not raised in the issues nor put forward till the plaintiff's' case had been closed. it is also argued ..... how the defence upon which the defendants succeeded was open to them in view of their pleadings and in view of the refusal of the court to grant leave to amend by inserting into the written statement the proposed paragraph (marked 3 b) and set out in the 22nd clause of the defendants' petition of 15th july 1925. the .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1927Cal376,101Ind.Cas.573
..... contention. in my opinion when a pleading does not conform with the provisions of order 6, rule 15, the defect therein is a mere irregularity that can be cured by amendment and, the plaint in this case must be taken to have been presented on the 25th august 1925, and i not on the 8th december 1926, when the verification was ..... ), under which a plaint, if not duly verified, might, at the discretion of the court at, or at any time before, the settlement of issues, be returned for amendment. as the order for amendment in that case had not been made until after the issue? had been settled it was held to be incumbent upon the court to order either that the ..... note. in baisnab chandra de v. ramdhan dhor [1906] 11 c.w.n. 139, the decision turned upon the absence in the indian negotiable instruments act of provisions similar to those to be found in section 23 of the later english act (45 and 46, victoria, chapter 61); but since sadusuk janki das's case [1919] 46 cal. 663, such an argument will .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1927Cal432
..... 1886. the preamble is neutral. it states, 'whereas it is expedient to consolidate and amend the law relating to income-tax and super tax' and the schedule of enactments repealed refers to the act of 1918, and the amending acts of 1919 and 1920. 'total income' is defined in section 2(15) as meaning total amount ..... of zemindars in permanently settled area from taxation has been canvassed so often and at such length that to suggest that the legislature, in enacting the indian income-tax act, 1922, was unmindful of the permanent settlement, is to state a proposition which carries its own refutation. the position, therefore, is that the legislature ..... our present purposes. it is noteworthy that in 1769 a letter of instruction was issued to the supervisors who were just then appointed to superintend the indian officers employed throughout the country in collecting the revenue and administering justice, - a memorable document setting forth with remarkable perspicuity and scrupulous care the duties .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1927Cal496
..... have occasion to deal with the main ground of the application. the main ground of the application before him and before us has been that the bengal criminal amendment act, 1925, was ultra vires of the local legislature and on that question the learned judge did not pronounce.7. the matter coming before this court on appeal ..... to custody in the midnapore jail. on the 12th june 1926 he was served with an order made by the government of bengal under the bengal criminal law amendment act, 1925, by which he wa3 directed to proceed to midnapore, to report himself to the superintendent of police there, to proceed afterwards direct to the police- ..... would have been an exercise of criminal jurisdiction and no appeal would lie under clause 15 of the letters patent. but the bengal criminal law amendment (supplementary) act of 1925 - an act of the indian legislature - expressly provided that the powers conferred by section 491 of the code should not be exercised in respect of any person arrested or .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1928Cal138
..... one wrongdoer, a plaintiff cannot sue the other for the same matter, even if the first action remains unsatisfied, a proposition which was doubted before them. though section 43, indian contract act, is not perhaps quite clear whether a complete adaptation of the english rule is intended, yet king v. hoare [1844] 13 m & w. 491 has been held to ..... not actually a tenant in possession of any part of the property claimed, it will probably be necessary to obtain a judge's order to amend the writ by striking out his name and to amend the writ accordingly.18. in a case where the plaintiff has alleged in the plaint that a person is in possession, and there is ..... possession by name and to all persons, entitled to defend the possession of the property claimed, which property shall be described in the writ with reasonable certainty.11. the act of 1852 practically retained the old form of action, divested of the fictions on which it depended. as regards the parties to be made defendants in an action of .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1928Cal675
..... banerjee guilty of abetment although they did not find a conspiracy, because conspiracy is only one of the possible ways of abetment by the definition given in the indian penal code.11. it was suggested by mr. sircar that the learned judge in certain passages put too strongly to the jury the view that the appellant was ..... accomplished by means of forgery of the daily report of the 7th july 1926 and it is quite clear, therefore, that they merely specify the various sections of the indian penal code which the course of conduct of the accused offends against.10. it remains, therefore, only to consider the question whether the direction of the learned judge ..... letters patent it left the rule about advocates (as i have set it out - rule 6) without amendment. the only amendment it made in the rule about vakils was this : that instead of saying thatvakils shall not appear, plead or act for any suitor in this court in any matter of ordinary original jurisdiction civil or criminaland so forth it .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1930Cal547
..... not necessary to canvass these cases or the arguments that have been advanced. i will content myself by saying that i see no reason whatever under this indian insolvency act of 1848 for thinking that the official assignee in administering the estate of an insolvent is not administering a trust intended for the benefit of any creditor who ..... was repaid to galstaun. in 1905 haridhone dutt died and on 11th november 1907, 'kanto mohan mulliok was adjudicated an insolvent under the old act which then obtained in india, namely, the indian insolvency act, 1848, 11 and 12 vic. cap. 21. in 1909 a suit was brought by galstaun against all the five brothers upon the covenant ..... in the mortgage, in march 1915 the official assignee was substituted in the place of the insolvent. in 1917 the plaint in this suit was amended, converting it from a .....
Tag this Judgment!Court : Kolkata
Reported in : 113Ind.Cas.49
..... india: delhi cloth & general mills co., ltd. v. income tax commissioner, delhi and nana v. sheku 32 b. 337 : 10 bom.l.r. 330.4. the only indian decision upon the effect of an amendment of the letters patent as regards rights of appeal would appear to be that of framji bomanji v. harmasji barjorji 3 b.h.c.r.o.c ..... decision was noticed in runjit singh v. meherban koer 3 c. 662 at p. 675 : 2 c.l.r. 391 a case really governed by section 6 of the indian general clauses act (i of 1868). there garth, c. j, noticed that the word 'procedure' had been used by sir richard couch in an extended sense but approved of the bombay decision ..... and 14 of the indian high courts act of 1861). it puts a limit to the power that can be entrusted by the court to the discretion of a single judge, and both the rules of the court and the administrative action of the chief justice have to be controlled by' its provisions. it follows that when the amended clause begins to operate .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1929Cal641
..... in no way do i base my judgment upon it, to recall that on 1st june 1928 after the application for the amendment of the plaint had been dismissed the present plaintiffs became the assignees from the indian planters' agency company, limited, of all their rights against the defendant in respect of the agreement of 3rd february 1920 for ..... and there will be a decree for that amount in favour of the plaintiffs.19. as regards costs, this suit is governed by section 22, presidency small cause courts act (15 of 1882). in chandanmull kanoria v. debi chand : air1924cal405 i held that the question whether the suit was cognizable by the small cause court by reason of the ..... evidence adduced at the trial this account was not: a mutual open or current account where there have been reciprocal demands between the parties within article 85, lim. act. to my mind the account and the agreement upon which it was based provided for a loan by the plaintiffs to the defendant to be discharged pro tanto by .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1930Cal641,129Ind.Cas.782
..... deduction therefor, but would be entitled to pass on the incidence of the tax, by deducting the amount thereof, when he made payment to the annuitant. under the indian act, taxation at the source is not unknown. firms are taxed and the partner is not charged again upon his share of income; companies are taxed and the shareholder is ..... of any such ground rentmay be deducted. these words cannot, in my opinion, be stretched to include the present case. the departure from the language of the english acts is very noticeable here. the object of the legislature in making this provision may have been any one of many different things. it may, for example, be a. ..... ------- -------3. the raja made no objection to this assessment, but in january 1926 the commissioner of income-tax, bengal, reviewed the assessment under section 33, income-tax act, and, after notice to the raja, and after hearing him, came to the conclusion that the deduction of rs. 9,900 which had been allowed should be disallowed and .....
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