Court : Kolkata
Reported in : 57Ind.Cas.406
..... means an unwise proceeding in some cases.15. i think, therefore, that i mast decide whether the steamship company was a common carrier within the definition of the indian act. it is a company 'engaged in the business of transporting for hire property from place to place by inland navigation for all persons indiscriminately' and the only question ..... indeed if the contract in this case was with the plaintiffs, h is not pretended that it was other than that of a common carrier. i allowed an amendment to make this matter clearer. mr. sircar's real objection was to my entertaining any case apart from contract and i think paragraphs and 10, as they originally ..... for the defendants' benefit i made the plaintiffs plead more carefully. the plaintiffs called no witnesses and when their case was closed, 1 allowed the amendment to be found in their amended petition of 29th april l9l9. i gave the steamship company an adjournment to consider whether they wanted time to call further evidence, and in the end .....
Tag this Judgment!Court : Kolkata
Reported in : 56Ind.Cas.373
..... death of mr. watkins be made in the register of this suit and that the cause title in the said register be amended by striking out therefrom the name of mr. watkins.and we direct that the case be remanded to the court of ..... no further concern, for the suit has been dismissed as against them since the institution of the suit there have been several amendments on the 8th may 1909 sreemati premmoni dasi and her son radha prasad mullick were added as plaintiffs both mr. watkins and ..... scheme for providing for the adopted son and nothing more.the will is governed by the hindu wills act which makes applicable to the wills of hindus; certain portions of the indian succession act, l865, that is to say, sections 46, 48, 49, 50, 51,55 and 57 ..... for accumulation, this omission was (in my opinion deliberate.it is no doubt provided by sections that nothing contained in the act shall authorise any hindu to create in property any interest which he could not have created before the 1st day of september .....
Tag this Judgment!Court : Kolkata
Reported in : 54Ind.Cas.140
..... also where a sum is bequeathed to be invested in the purchase of it. on the other hand it is contended on behalf of the respondents that under the indian succession act, it is only where the annuity is payable out of property generally or out of money bequeathed to be invested in the purchase of it, that the annuity is ..... testator shows an intention to dispose of the whole fund. see jarman on wills, 6th edition, pages 1138 1139, and the cases cited therein.10. section 160 of the indian succession act, which is applicable to hindus, lays down: 'where an annuity is created by will the legatee is entitled to receive it for his life only, unless a contrary intention ..... behalf of the appellants that the rs. 500 provided by the will to be paid annually by narendra to nagendra is an annuity that, under section 160 of the indian succession act, the legatee is entitled to receive for his life only unless a contrary intention appears by the will and that there is no such intention. reference is also .....
Tag this Judgment!Court : Kolkata
Reported in : 57Ind.Cas.140
..... and i think to hold otherwise would be wholly unreasonable. in fact the contention of defendants' counsel is, as he was obliged to admit, inconsistent with section 88 of the indian contract act. kaluram, a witness called on behalf of the plaintiff, said that the meaning of the expression 'ready goods' was 'goods lying either in the godown of the seller or ..... contained no prayer for damages upon the usual basis or the necessary statements in support, and mr. d.n. basu, on behalf of the plaintiff, asked for leave to amend and for liberty to give evidence as to the market rate, since upon the trial of the other issues being concluded there was no evidence before me as to the ..... between the contract price and the value of the goods realised on the sale, and alternatively rs. 13,103 4 0, upon the usual basis, the plaint having been amended to include the latter claim.3. the defendant firm's case is that on the due date the plaintiff was not in a position to deliver 'ready goods', the meaning .....
Tag this Judgment!Court : Kolkata
Reported in : 59Ind.Cas.403
..... mouzah, and were 'in possession thereof both surface and underground, for boring purposes by bringing boiler and boring instruments, fitting machinery, building bungalows and cooly huts, driving bore-holes and bringing out coal and exercising various other acts of actual possession in other ways;' that the place where boring operations were actually going on, ..... be said to have such a claim to possession as would justify proceedings under section 145.8. the sub-divisional magistrate overruled these objections and again amended these proceedings mentioning that the dispute was 'concerning certain boring operations carried on in the mouzah for possession of the underground coal and other mineral ..... december 1907 in respect of the underground right of nij mouzah nakrakuda which includes mouza persundi and that mritunjoy had let out such rights to the indian mineral syndicate in march 1917 who in their turn had leased them out to the tata iron and steel co., limited, and that the company .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1921Cal1,59Ind.Cas.143
..... its jurisdiction as a court of appeal, reference or revision, charged with any offence for which provision in made by act no. xlv of 1860 called the 'indian penal code' or by any act amending or excluding the said act, which may have been passed prior to the publication of these presents, shall be liable to punishment under the said ..... act or acts, and not otherwise.9. it may be noted that the words 'or by any act amending or excluding the said act which may have been ..... and a trial beyond the limits of the presidency town. the question turned upon the scope of the first criminal procedure code, 1862, and the effect thereon of the indian evidence act, 1872, and is not material for the solution of the point we are called upon to consider. the point arose again, but only incidentally, in augada .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1921Cal397,61Ind.Cas.82
..... at variance with those laid down in the cases sited on behalf of the respondents, or that they were intended to be applicable even if the language of the amending act is free from ambiguity. the question, therefore, is, whether the words the measurement on which the claim is based was made' are plain and unambiguous. as the ..... .l.r. 527 where the question related to the construction of section 64, sub-section (1), of the patents, designs and trade marks act, 1883 as amended by section 10, sub-section (1), of the act of 1888, halsbury, l.c, observed: 'l think it desirable to say something as to what sources of construction we are entitled to ..... disputed tenancy. this presumption, however, the court would be competent to raise, independently of section 52, sub-section (6), by an application of section 114 of the indian evidence act, illustration (f), whereof lays down that the court may presume that the come-on course of business has been followed in particular cases. on the other hand, there .....
Tag this Judgment!Court : Kolkata
Reported in : 61Ind.Cas.210
..... and 7 geo. v, c. 37), the amending act of 1916 (9 and 10, geo. v,. 101), had not at the time some into opera-ion and we are not concerned with any further changes thereby made. it is convenient, lower, to borrow the term indian legislature from that act in place if the term governor general in-legislative ..... new court sexed the prerogative of the crown, but whether it does so or not it is expressly provided by section 84 of the government of india act, 1915, as amended in 1916, that a law made by a local legislature shall not be deemed invalid solely because it affects the prerogative of the crown. that observation ..... to understand this case, some preliminary reference is desirable to the calcutta bent act, 1920 (bengal act iii of 1920), the calcutta improvement act, 1911 (bengal act v of 1911) and the calcutta improvement appeals act, 1911 (act xviii of 1911, as amended by act x of 1914.)43. the calcutta bent act, 1920, was passed as the preamble states, to restrict temporarily the increase .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1922Cal203,68Ind.Cas.577
..... and obsolete law, but has been recognised in modern decisions: khudiram mookerjee v. bonwari lal roy (53). in such circumstances, the principle formulated in section 111 of the indian evidence act applies, viz., that where there is a question as to the good faith of a transaction between, parties, one of horn stands to the other in a position ..... narratives. there is plainly no question of surprise; but if it were necessary to adhere to matters of form with the strictest accuracy, the plaint could well have been amended to enable the court to do that substantial justice between the parties for which alone courts exist: muhammad zahoor ali khan v. thakooranee rutta koer 11 m. i. a ..... and i have no doubt this case might have been more clearly reached if the situation of the parties had enabled them to go through all the difficulties as to amendment; also that many circumstances might have been brought forward on behalf of the defendants, which i am bound not to look at but, taking the cafe as it .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1921Cal277,66Ind.Cas.923
..... appeal, substantially on four grounds, namely, first, that the suits were barred by the three years rule of limitation under articles 46 and 47 of the schedule to the indian limitation act; secondly, that the trial of the suit instituted in the court of the subordinate judge is barred by the provisions of order ii, rule 2 (2) of the ..... the date when it was ordered to be registered. there was no defeat in the verification; even if there had been a defeat, the court could allow an amendment at any stage; such amendment would not have made the suit open to objection on the ground of limitation: rojit ram v. katesar nath 18 a. 396; a. w. n. (1896) 102 ..... to destroy the title of the true owner. possession to be adverse must be actual, visible, exclusive and hostile, and a distinction must be made between continuous adverncoaauaation and isolated act of trespass. to use the language of bramwell, l. j. in leigh v. jact (40) whijh is quoted wish approval by lord sumner in basunta kumar boy v. .....
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