Court : Kolkata
Reported in : AIR1925Cal860
..... this stage of the proceedings to hold that evidence of such an agreement would be inadmissible having regard to the provisions of section 92, proviso (3) of the indian evidence act.14. it has been held that evidence is admissible which shows a contemporaneous verbal arrangement, upon the faith of which an instrument was handed over, that it would ..... agreement is open to the criticism that the meaning thereof is not clear, and i could well understand the learned judge making an order that the pleading should be amended and made more explicit. that, however, was not done. as the pleadings, stand the allegation is susceptible of the meaning that when the defendant handed the four ..... of the first schedule of the civil procedure code. that rule is as follows: ' the court may, at any stage of the proceedings, order to be struck out or amended any matter in any pleading which may be unnecessary or scandalous or which may tend to prejudice, embarrass or delay the fair trial of the suit:' and it is .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1925Cal822,(1925)ILR52Cal721
..... such [section 488, sub-sections (7) and (9) of act v of 1898]. act v of 1898 was an act to consolidate and amend the law relating to criminal procedure. the acts of 1923 were merely amending acts. the policy of the law has to be gathered from a study of the act of 1898 with the aid of such light as may be afforded ..... to the definition, an accused person, so no oath may be administered to him. yet section 281 of the criminal procedure code provides that he shall be sworn under the indian oaths act. it is not necessary to further labour these points. i need only say with great respect to the learned judges that i am not prepared to accept a ..... time not a competent or compellable witness under the english common law, but the position has now greatly changed in consequence of a series of statutory provisions.33. the indian. legislature is gradually making an advance in that direction. the farther objection, namely, that in this view such a person will be a competent witness, if he offers .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1925Cal1087,(1925)ILR52Cal695
..... in this connection to refer to the manner in which a change was made in the language of section 49 of the registration act of 1866 by the amending act of 1871. section 49 of the act of 1866 ran as follows:no instrument required by section 17 to be registered shall be received in evidence in any civil proceeding ..... in any court or shall be acted upon by any public servant as defined in the indian penal code, or shall affect any property comprised therein ..... to the reception in evidence of this memorandum the plaintiff company objected, contending that, as it was unregistered, it was inadmissible under sections 17 and 47 of the indian registration act. the subordinate judge overruled the objection holding that it was neither a lease nor an agreement for a lease, but only a memorandum relating to a previous and .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1926Cal152,92Ind.Cas.1008
..... the principles laid down in the cases cited, i am of opinion that the patent no. 8018 of the 21st march 1922 granted to mr. luard the respondent with the amended specification relating thereto, ought to be revoked, and i give judgment accordingly in favour of the petitioner. the respondent must pay the petitioner's costs in these proceedings. the taxing ..... controller of patents and designs, calcutta. at the request of the parties this case has been tried with the aid of an assessor, mr. a.h. thackwell, works manager, east indian railways, carriage and wagon workshops, lilooah, and i desire to acknowledge his assistance to' me. the petitioner is the vacuum brake co , ltd,, who carry on business in the manufacture ..... of giving evidence and also for their attendance in court; the amount to be fixed by the taxing officer in his discretion. under section 35 of the patents and designs act. i fix the remuneration of the assessor at rs. 100 per diem. this item will not be chargeable to the parties. .....
Tag this Judgment!Court : Kolkata
Reported in : 90Ind.Cas.211
..... ground. i am further of opinion that except in the case of original lessees or persons who were parties to the contract, the provisions of section 43 of the indian contract act have no application and need not be resorted to.11. turning now to the other question, namely, whether the suit is maintainable by reason of defect of parties, ..... and several liability in respect of that interest, as the whole body of persons who succeed in this way constitute in law but one heir.12. section 43 of the indian contract act expressly refers to 'promisor' and 'promisee.' as far as the liability under a contract is concerned it appears to make all joint con(sic) joint and several. order. ..... of such of these persons as are not already on the record as defendants, and it is only in the event of the necessary amendments not being made that the suit is liable to be dismissed. on such amendment being made the suit should be tried out in accordance with law, (sic) being noted that the suit will not (sic) merely .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1925Cal1056
..... and several liability in respect of that interest, as the whole body of persons, who succeed in this way constitute in law but one heir.20. section 43 of the indian contract act expressly refers to ' promisor' and ' promisee'. as far as the liability under a contract is concerned, it appears to make an joint contracts joint and several. order 1 ..... ground. i am farther of opinion that except in the case of original lessees or persons who were parties to the contract, the provisions of section 48 of the indian contract act have no application and need not be resorted to.19. turning now to the other question, namely, whether the suit is maintainable by reason of defect of parties, ..... such of these persons as are not already on the record as defendants, and it is only in the event at the necessary amendments not being made that the suit is liable to be dismissed. on such amendment being made the suit should be tried out in accordance with law, it being noted that the suit will not fail merely .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1926Cal1
..... particular asset he is liable, but no further. he is not liable to a general account unless he has received everything.' so under section 266 of the indian succession act he is liable to the extent of the assets which might have come to his hands.232. lastly, it is pointed out that there is a difference between ..... , but the properties and money invested in lending business left by him 'would include the moneys realized by the defendant. it is true that when the plaintiffs amended the plaint the prayed that certain properties which their husband got from raja jaimangal should be added to schedule ka of the plaint, and certain other properties acquired ..... thereof, that self-acquisitions were part of and go with the estate, and that the plaintiffs were not entitled to anything.6. the plaintiffs in may 1919 amended the plaint by including certain properties both moveable and immovable, those of schedule kha being alleged to have been obtained by raja durga prasad from jaimangal and those .....
Tag this Judgment!Court : Kolkata
Reported in : 95Ind.Cas.536
..... the judgment his remark must be regarded as obiter. it is also brought to our notice that in section 12 of the embankment act (act xxxii b. c. of 1855) and in section 40 of the indian railways act (act ix of 1890) the words 'final and conclusive' are followed by the words 'and not open to question in the civil court ..... of that section. but the only provisions of that regulation as also of the regulations by which , it has been amended, which are made applicable to an enquiry by the commission by section 60 of the act are those dealing with the powers of the collector making a settlement of land revenue. section 29 of the regulation is not ..... ' in inquiring into such question the commission shall, as far as may be necessary for the purposes of this act exercise all such and the same powers as are conferred by regulation vii of 1822 and the regulations and acts amending the same upon a collector making a settlement of land revenue.' section 61. 'such commission shall demarcate the boundaries .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1926Cal1077
..... the law.23. the learned pleader for the respondents urged a further contention before us that inasmuch as the application had been returned to the decree-holder for amendment, and the amendment was not effected within the time appointed by the court, the application must be regarded as though it never had been made; and he cited gopal sah ..... defects that can vitiate an application.13. the full bench adopted the view, which must now be taken as settled, that if an application for execution returned for amendment and not re-filed within the time allowed by the court under order 21, rule 17, civil procedure code, is in substantial compliance with the provisions of the code, being ..... the application by the decree-holder of the 25th august 1923 was an application in accordance with law, under article 182(5) of the limitation act. there is wide divergence of view of the indian courts on this matter. the high court of allahabad in the case of kifayet ali v. ram singh [1885] 7 all. 359 held that .....
Tag this Judgment!Court : Kolkata
Reported in : 97Ind.Cas.961
..... looked to in this connection is the calcutta police 4ct (bengal act iv of 1866) which purported to amend and consolidate the provisions of act iii of 1856 (for regulating the police of the towns of calcutta, madras and bombay) and of act xlviii of 1860 (to amend act xiii of 1856). section 76 of act iv of 1866 gives the police the right to detain a ..... person taken into custody without a warrant and this right was also given by section 90 of act xiii of 1856. the enactments prior to 1856 need not be ..... us to that conclusion.12. there is no indication in the indian acts (section 90 of act xiii of 1856, section 45 of act ii of 1866, section 61 of the cr.p.c.) or in the english acts (section 69 of the metropolis act, 2 & 3 vict., c. 47: clause 15 of the police clauses act, 10&1l vict., 1847; c. 89 or section 38 of .....
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