Court : Kolkata
Decided on : Dec-22-1919
Reported in : 59Ind.Cas.403
1. In these three matters Rules were issued on the same day practically based on the same fasts. They arise out of some boring operations in Mouzah Parsundi comprising of about 5,000 bighas of land (4,906 according to the Revenue Survey). The Iron and Steel Company, who are the first party in the proceedings under Section 145 initiated on the 10th July 1919, obtained as petitioners, Rule No. 847 on the following allegations, namely, that the Maharaja of Burdwan was the Zemindar of the Mouzah and sole owner of the minerals and mineral rights therein. On the 9th September 1839 he granted a putni settlement of the Mouzah to certain persons shortly referred to as the Chatterjees and Misras. On the 5th April he authorised one E.J. Seth Sam on behalf of the Parsundi Mining Syndicate to go on with boring operations in the Mouzah pending execution and registration of a formal document and Seth Sam in his turn on the 12th April 1918 authorised the petitioners to carry on boring operations there...
Tag this Judgment!Court : Mumbai
Decided on : Jun-26-1919
Reported in : (1919)21BOMLR1059; (1920)ILR64Bom88
Shah, J.1. The facts which have given rise to these appeals are few and undisputed.2. On the 4th of September last at about 11-30 p. m. eighteen persons were found working in the Calico Miils, which is a textile factory,-subject to the provisions of the Indian Factories Act XII of 1911. Eighteen complaints were lodged in respect of the employment of these eighteen persons against the manager of the said factory. The accused pleaded guilty, and he was convicted in all these eighteen cases and sentenced to pay a fine of Rs. 100 in each case. On appeals to the Sessions Court the learned Sessions Judge upheld the conviction in the first of these cases and set aside the convictions and sentences in the remaining seventeen cases. He was of opinion that the offence was one of employment of labour collectively and that it was not a separate offence to employ each person contrary to the provisions of the Act.3. It is in these seventeen cases in which the accused has been acquitted by the Sessio...
Tag this Judgment!Court : Chennai
Decided on : Jan-06-1919
Reported in : 50Ind.Cas.895; (1919)36MLJ367
John Wallis, C.J.1. This is a Letters Patent appeal from the decision of Sadasiva Aiyar, J., who held (Bake-well, J. dissenting), that the court has power to relieve against a provision in a mulgeni or permanent lease, a form of agricultural lease in use in South Canara for re-entry by the landlord on breach of a covenant or condition against any alienation by the lessee of his mulgeni right except in the manner therein provided. The lease, which is inartistically drawn, provides in substance that, if the lessee or his representatives have to sell or mortgage their mulgeni right, they are first to give a written notice to the lessor or his heirs, and, if they fail to act on it or to reply thereto, the lessee is to be free to make the alienation, but that alienations in contravention of these provisions are to be void, and the lessor is to be at liberty to re-enter and enjoy the land inclusive of improvements. This we read as meaning that the lessee is to give notice to the lessor of th...
Tag this Judgment!Court : Chennai
Decided on : Feb-10-1919
Reported in : 50Ind.Cas.380
Oldfield, J.1. I have had the advantage of reading the judgment, which my learned brother is about to deliver, and, as I agree with his conclusion, I deal only with the one important question we have to decide, whether the appellant is entitled to the extension of time he claims, as transferee from a minor. It does not appear material that his transfer was not voluntary, but was effected by attachment followed by a sale of the debt and an order vesting it in him as purchaser; and I assume that time did not begin to run, before the minor's acquisition of the cause of action. Appellant's contention is that he is entitled to the full extension of time, which the minor would have had, if the cause of action had remained his property or, in the alternative, to three years from the date, when his own ownership began.2. This alternative contention can be dealt with shortly. It cannot be justified by any provision of the Limitation Act; for Section 6(3) is, as will be shown, the only one exten...
Tag this Judgment!Court : Kolkata
Decided on : Jul-03-1919
Reported in : 56Ind.Cas.373
Greaves, J.1. The plaintiff in this suit seeks to have the Will of ore Ram Gopal Sen construed and the rights, shares and interests under the said Wilt of the parties to the suit ascertained and for administration of the estate of Ram Gopal Sen under the direction of the Court and for an account of the estate from the defendant Bidhumukhi Dasi from the testator's death and for partition. The plaintiff is a son of Ram Gopal Sen, the let defendant is his widow and the executrix of his Will, the defendant Sham Lal Sen is a son, the defendants Manick Lal Sen, Nitya Lal Sen and GourLal Sen are sons of a deceased son Heera Lal Sen who survived the testator and died after the institution of the suit the defendants Sankar Lal Sen, Rash Behary Sen and Gosto Behary Sen are sons of another son of the testator named Bolai Chand Sen who survived the testator and died in the year 1895, the defendant Champa Dassi is the widow of another son Adhar Lal Sen who survived the testator and died in 1885 wit...
Tag this Judgment!Court : Kolkata
Decided on : May-18-1919
Reported in : 57Ind.Cas.406
Rankin, J.1. This action has as against the Assam Bengal Railway Company, Limited (the first defendants), been dismissed by consent, and it proceeds against the India General Navigation and Railway-Company, Limited, as the only remaining defendants. I shall refer to these two companies as the railway company and the steamship company respectively.2. The line of the railway company runs from Assam to Chittagong, and consignments of tea from Assam for shipment at the port of Chittagong are ordinarily carried over this line by the railway company itself without recourse to any other companies or systems of transport. A section of this line, south of Lumding, is known as the hill section and is subject at times to a breakdown. In July 1913 for a very short time this hill section was out of action. On this occasion the breach continued for so short a time that it is not certain whether the arrangements then made for dealing with the Assam traffic during this emergency were ever acted on in ...
Tag this Judgment!Court : Chennai
Decided on : Apr-14-1919
Reported in : (1919)37MLJ81
C.J.1. In this case the accused appeals from a conviction under Section 124-A of the Indian Penal Code, and Mr. K. Srinivasa Aiyangar, who appears for him has raised the contention that the conviction is bad for want of legal proof of the sanction required by Section 196 of the Criminal Procedure Code in the case of prosecutions under this section.2. The telegram which contains the sanction on which reliance is placed was filed with the complaint, and the defence, having obtained a copy, took several objections to it, which were overruled by the trial magistrate on the 26th September 1918. On the same day the trial began, and the public prosecutor of Madura went into the box as the first prosecution witness, and deposed to receiving a letter marked Ex. A-1 from the District Magistrate, Madura, enclosing a telegram marked Ex A. The defence objected that the telegram was not proved and it was marked Ex. A for purpose of identification. In October, while the trial was going on, the defenc...
Tag this Judgment!Court : Chennai
Decided on : Oct-23-1919
Reported in : 124Ind.Cas.7
ORDERAnanthakrishna Aiyar, J.1. Under Section 15 of the amended Letters Patent, an appeal would lie from the decision of a single Jud9 of the High Court passed in a second appeal, where the Judge who passed the judgment declares that the case is a fit one for appeal. In Ramanayya v. Kotayya 121 Ind. Cas. 621 : 31 L.W. 386 : 57 M.L.J. 398 : A.I.R. 1920 Mad. 75 : 52 M.P 952 : Ind. Rul. (1930) Mad. 205 a bench of this Court held that no appeal lay from the refusal of such leave by the Judge.2. The question has been raised before me as to the grounds on which leave to appeal should be granted or refused in such cases. The section only enacts, that the Judge concerned should 'declare' that the case is a fit one for appeal. The principle's that should guide him in dealing with such applications are not specified in the section.3. It was argued that if there was any question of law, leave must be granted. It was further argued, that if a second appeal was allowed, and the decision of the lowe...
Tag this Judgment!Court : Mumbai
Decided on : Jul-31-1919
Reported in : (1919)21BOMLR986; 58Ind.Cas.465
Marten, J.1. This is an appeal from the judgment of Mr. Justice Macleod of the 12th December 1918 dismissing the plaintiffs' claim in this suit and allowing the defendants' counter-claim. On the figures since agreed, the amount of the claim is Rs. 69,467-9-0 representing the nett proceeds of sale of certain cotton blankets. The amount of the counterclaim is Rs. 58,440-9-0 representing part of the nett proceeds of sale of certain cotton bales. The aggregate amount in dispute is therefore Rs. 1,27,908. This sum represents the amount alleged to have been owing to the defendants on the security of the blankets and bales, which were pledged to them for differences on certain cotton contracts. The plaintiffs say these pledges and contracts became or were illegal and void, having regard to the outbreak of war at 11 P.M. on 4th August 1914, and that they are entitled to recover the sale proceeds of the blankets which were sold by the defendants in and prior to 1915, and to retain the sale proc...
Tag this Judgment!Court : Chennai
Decided on : Mar-26-1919
Reported in : 58Ind.Cas.969
Abdur Rahim, J.1. The plaintiff had an agreement in his favour for sale of certain mica mines, the property of certain Marwaris of this town. The mines are situated in the District of Nellore. It appears that, in pursuance of that agreement, a deed of sale was executed, but it was not registered as the plaintiff was unable to find the entire amount of the consideration for it. Rs. 450, however, part of the consideration money, was recovered from him by a suit in the Small Cause Court. Subsequently, the plaintiff entered into negotiations with the 1st defendant, the 1st respondent in this appeal, with respect to the mines, I may mention that part of the property was free-hold and part of it was lease-hold. The term of the lease hold expired on 31st October 1907. The contract between the plaintiff and the 1st defendant is embodied in two letters, Exhibits C and C1, which were exchanged between the parties on 4th February 1907, and the constriction of those letters is one of the important...
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