Judgment Search Results Home > Cases Phrase: indian council act 1874 Page 2 of about 326,055 results (0.235 seconds)

i.C. Chakravarty Vs. Khasi Hills District Council

Court : Guwahati

..... in india had by treaty, grant, usage, sufferance and by other means acquired jurisdiction over certain territories of the erstwhile state of mylliem sometimes under the government of india act, sometimes under the act of 1874 and later under the indian (foreign jurisdiction) order-in-council, 1902 and 1937. ..... conclusively determined in hardeo das (air 1970 sc 724) (supra) that the area in question was not merely ceded for the municipal administration but the british crown exercised jurisdiction in the area under the indian (foreign jurisdiction) orders-in-council and had 'extra-provincial jurisdiction' in the area including bara bazar and in due course the power wastransferred to the dominion of india and the central government long before the commencement of ..... . but at the same time we find that on certain occasions, in the 19th century, the scheduled districts act and the laws local extent act of 1874 were used, applied and british indian laws were extended to the areas ..... . the indian wireless telegraph act of 1933 was similarly applied to the khasi state of mylliem under the indian (foreign jurisdiction) order-in-council 1937 by notification no ..... of india acts and on some occasions exercised powers under the indian (foreign jurisdiction) order-in-council and used to exercise jurisdiction in areas belonging to the syiem of mylliem. ..... . the hills states were governed by the foreign jurisdiction act, 1890 and the indian (foreign jurisdiction) orders-in-council .....

Laxmanrao Madhavrao Jahagirdar Vs. Shrinivas Lingo Nadgir

Court : Mumbai

Reported in : (1927)29BOMLR1484

..... and that the nadgirs are not watandar patils and kulkarnis of hebli village, (2) that the lands measuring 120 mars entered in the watan register of the village prepared under bombay act iii of 1874 are not watan lands, (3) for a cancellation of the register, (4) for a declaration that these lands were not liable for the remuneration of patils and kulkarnis, and (5) for ..... taken by the district judge from which their lordships see no reason to differ, there was in this case an adjudication under act xi of 1852 securing the revenue of the suit lands to the jahagirdar and if this be so it has been pointed out by sir george lowndes that act iii of 1874, under which the contribution was levied, only extends to this village 'so far as its provisions may not conflict with ..... council, filed a separate written statement pleading that the suit was barred by bombay act x of 1876, section 4(a), bombay act iii of 1874, section 25, and articles 14, 120, and 124 of the indian limitation act. ..... the high court set aside, and that the plaintiff be given a decree declaring that the suit lands in the possession of plaintiff are not liable to contribution under act iii of 1874, and ordering a refund of the contribution sued for and that otherwise the suit be dismissed.42 ..... . he also held that the suit was barred under article 120 of the indian limitation act, except as to the claim for a refund of the contribution as it was not brought until more than six years after the collector's order of november 26, .....

Associated Cement Companies Ltd., Dwarka Cement Works and ors. Vs. P.D ...

Court : Mumbai

Reported in : (1955)ILLJ8Bom

..... 107, their lordships of the privy council state as follows:the two learned judges who constituted the majority in the appellate court, although they do not base their judgment upon them, refer to the proceedings of the legislature which resulted in the passing of the act of 1874 as legitimate aids to the construction of ..... officer and the appellate certifying authority are empowered to impose any terms on the contracting parties or to vary the terms of contract already existing between the parties which could not possibly be the intention of this act, because if that were so, the words 'it shall not be the function of the certifying officer or appellate authority to adjudicate upon the fairness and reasonableness of the provisions of any standing orders' would not ..... in fact if disputes arise between employers in industries and employees represented by their union on the terms and conditions of their work, that to my mind is expressly provided for under the industrial disputes act and that is the act under which such questions must be resolved and that is why to my mind it is expressly laid down under section 4 that it shall not be the function of the certifying officer or appellate authority to adjudicate upon the fairness or ..... reasons which exclude these considerations when the clauses of an act of the british legislature are under construction, are equally cogent in the case of an indian statute.this reasoning was followed by the privy council in the case of krishna ayyangar v. .....

In Re: Feda HosseIn and ors.

Court : Kolkata

Reported in : (1876)ILR1Cal432

..... there is no doubt that the petitioners would have had that right prior to the passing of act vi of 1874, and the petitioners contend that the governor-general in council had no power to deprive them of that right by legislation. ..... and although by act vi of 1874 the governor-general of india has directed otherwise, this cannot nullify the directions contained in the imperial act, because the governor-general in council is expressly prohibited by section 22 of 24 & 25 vict., c. ..... the question therefore which remains is, whether the petitioners in spite of act vi of 1874 have a right of appeal, simply upon the ground that the property is above the value of rs. ..... was necessary even though the changes to be introduced by her majesty might turn out to be few and trivial, because otherwise parliament would have been delegating at the same moment to two separate persons, her majesty in council and the governor-general in council, co-ordinate authority to deal with the very same subject-matter, a condition of things clearly to be avoided. ..... 104, it seems to me to have been the intention of the framers of that act to make it clear by the act itself what were the future powers of the indian legislature in relation to the high courts. ..... whatever is left untouched by the letters patent to be thereafter issued, the indian legislature may deal with as before; but whatever her majesty may chose to alter or create, that the legislature must not interfere with. .....

Brindaban Chandra Basak Vs. Kalipada Bandopadhyay and ors.

Court : Kolkata

Reported in : AIR1966Cal205

..... for the preventing delays in the making or hearing such appeals, and as lo the expenses attending the said appeals, and as lo the amount or value of property in respect of which any such appeal may be made' by an order in council of the 16th day of january, 1836 bis majesty approved certain rules and orders for regulating the mode, form and time of appeal from the decisions of the said courts of sudder dewanny adawlut which ..... (1892) 15 mad 237 (fb) referring to the cases cited above and the privy council appeals act of 1874 collins c. j. ..... the several courts so abolished in each presidency shall become and be records and documents in the high court established in the same presidency' 'under section 10 until the crown otherwise provided under the powers of the act 'all jurisdiction then exercised by the supreme courls of calcutta, madras and bombay respectively over inhabitants of such parts of india as may not be comprised within the local limits of the letters patent to be issued under ..... after an exhaustive review of the various authorities cited at the bar and the relevant provisions of the constitution the provisions of the old civil procedurecode read with government of india act, 1935 and the federal court (enlargement of jurisdiction) act, 1947, the supreme court by a majority took the view that where the suit was filed before january 26, 1950 there was a vested right of appeal which did not fall within ..... /- but in the plaint the value was given in terms of the indian stamp act. .....

Solomon and ors. Vs. Muthiah and ors.

Court : Chennai

Reported in : (1974)1MLJ53

..... law.and proceeded to state:i have little doubt, then it would follow on the plain language of the section that the words 'any other law for the time being in force' of section 29 of the indian succession act should be read as saving of a customary law for the garos.the learned judges did refer to the decision of the bombay high court as well as the decision of the calcutta high court already referred to, ..... by his judgment and decree dated 25th june, 1962 agreed with the learned subordinate judge on the principal question as to whether it was the travancore christian succession regulation ii of 1092 that applied or the indian succession act that applied to the parties and held that on the application of the provisions of the travancore christian succession regulation ii of 1092, muthammal did not have an absolute interest in the immovable properties inherited from ..... of the indian succession act 1865 provided that the governor-general of india in council shall, from time to time, have power, by an order either retrospectively from the passing of that act or prospectively, to exempt from the operation of the whole, or any part of that act, the members of any race, sect or tribe in british india or any part of such race, sect or tribe, to whom he may consider it impossible or inexpedient to apply the provisions of that act or of the part of the act mentioned ..... of state for india in council (1874) 12 beng.l.r. ..... the married women's property act iii of 1874, last paragraph of section .....

iag Company Ltd. Vs. Triveni Glass Ltd.

Court : Kolkata

Reported in : 2004(3)CHN447,2005(30)PTC140(Cal)

..... (5) notwithstanding anything contained in sub-section (2), the date of expiration of the copyright in the designs registered before the commencement of this shall, subject to the provisions of this act, be the date immediately after the period of five years for which it was registered or the date immediately after the period of five years for which the extension of the period ..... power of hindu executor to transfer the testator's estate came up for consideration and section 31 of administrator-generals act, 1874 fell for interpretation by the court ..... watson, speaking for the judicial committee of the privy council, held that the submission has neither reason nor ..... act also introduces the internationally followed system of classification in case of the indian classification under the old act ..... principle of construction or anything which is in substance a mere mechanical device, and does not include any trade mark as defined in clause (v) of sub-section (1) of section 2 of the trade and merchandise marks act, 1958 or property mark as defined in section 479 of the indian penal code'.7. ..... the law of designs between indian and english statutes, pointed out the difference between two and came to the conclusion that the courts in india have no jurisdiction to consider the validity of a registered design in a suit for infringement of design unlike the courts in uk and, as such, the decisions of uk courts are not applicable to indian cases.27 ..... 22 ..... ., reported in 2003(7) indian law decision 797 (bom), has .....

Manik Sadashiv and ors. Vs. Krishnabai and ors.

Court : Mumbai

Reported in : AIR1964Bom284; (1964)66BOMLR515; 1964MhLJ595

..... the allegations in the plaint indicate that the plaintiff is seeking to enforce his right to claim contribution, along with his right to enforce the charge arising in his favour under section 100 of the transfer of property act, the starting point of limitation would obviously be different and that would be the date on which the plaintiff in such a suit made payment and redeemed the mortgage. ..... 12,000 were under the zarpeshgi deed of november 20, 1874, repayable in jeth 1294 fasli (september, 1887) and this suit was not brought until september 22, 1900, the claim of the plaintiffs to priority is barred by article 132 of the second schedule of the indian limitation act, 1877, and all that they are entitled to so far as the 5 annas 4 pies share in fatehpur-lawaech is concerned is a decree entitling them to redeem the mortgage of january 7, 1888, on payment to the ..... under the view expressed by their lordships of the privy council in the case of ilr 28 all 482 quoted above, section 95 is equally applicable ..... ratanchand the above-mentioned privy council case was referred to in this ..... in my opinion, the above-mentioned privy council decision does not cover the point that arises for consideration in the present-appeal.6. ..... the judgment in the above mentioned privy council case, it appears that the question as to what would be the starting point of limitation in a suit for contribution did not arise before their lordships of the privy council. ..... relies on a decision of the privy council, viz. .....

Vira Chinnammal Vs. Akkulu Ammal

Court : Chennai

Reported in : (1896)6MLJ341

..... adverting to the zamindari of sivaganga in 1863, their lordships of the privy council remarked that its ancient tenure was that of a raj or principality (kattama nacthiar v. ..... it is provided by section 57 of the indian evidence act that on all matters of public history, literature, science or art, the court may resort for its aid to appropriate books of reference. ..... speaking of the nargantipalayam in 1861, the privy council observed that a palayam was in the nature of a raj and, al, though it might belong to an undivided family, it was not subject to partition (naragunty lutchfiieedavamah v. ..... the manual in, question was compiled and published under the orders of the madras government and contains frequent references to official documents and it was referred to by the privy council in the collector of trichinopoly v. ..... lekhamani (1874) l.r. ..... ' it appears, however, that chinnavobala, the playagar of 1822, was only 15 years old when he forwarded exhibit vii and that the document was not acted upon in o.s. no. .....

Seth Nemi Chand Vs. Ganesh

Court : Allahabad

Reported in : 5Ind.Cas.503

..... the nature of proprietorship, i am unable to hold that the right of the usufructuary mortgagee is a right which can be called a transfer of proprietorship, and having regard to section 58 of the transfer of property act, and especially clause (a) governing the whole section, and clause (d) referring in particular to usufructuary mortgage, i cannot agree in holding that the execution of ausufructuary mortgage amounts to a transfer of the proprietary right.12. ..... although the language of the clause is framed in such general terms as to exclude every executor, who has obtained a grant of probate under the 179th and the following sections of the indian succession act of 1865, it must nevertheless be held to exclude the executor of hindu will, because it appears aliunde that the legislature so intended it. ..... text-writers and cited a number of authorities to prove that, according to the law still in force in england and according to the law administered in india before the date of succession act, 1865, an executory gift, such as that contained in the testator's will, would have effect, in the event of the first taker dying sonless, at any time. ..... it appears to me that when a court has to put a construction on statute, whether of the imperial parliament or of the legislative council of india it is the statute alone to which the court is entitled to look.'20. ..... but a positive enactment in a statute of 1874 cannot be qualified or neutralised by indications of intention gathered from previous .....