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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. .....

Abdullah HosseIn Chowdhury Vs. Administrator-general

Court : Kolkata

Reported in : (1915)ILR42Cal35

..... but if section 8 of the privy council act of 1874 was within the competence of the indian legislature, i think section 12 of the limitation act of 1908 must equally have been within its powers. ..... (see the indian councils act 24 & 25 vict., c. ..... it is to be observed if section 12 of the limitation act of 1908 be ultra vires, so mast section 8 of the privy councils act of 1874 have been ultra vires. ..... the provision originally appeared in the privy council appeals act (vi of 1874): section 8 was as follows: 'such application must ordinarily be made within six months from the date of such decree. ..... thus by the privy council appeals act, 1874, it was provided that applications by any one desiring to appeal to her majesty in council mast ordinarily be made within six months from the date of the decree; but if that period expired when the court was closed the application might be made on the day the court reopened (see ..... i find that it has now become the established practice to receive an application made on the day the court re-opens though beyond the prescribed six months, and this has been in reliance on section 8 of the privy council appeals act 1874 and of the provisions that have taken its place in the code and the limitation acts.14. ..... therefore, it is contended, section 12 of the limitation act so far as it relates to an application for leave to appeal to his majesty in council was beyond the powers of the indian legislature.9. .....

Syed Abdullah HossaIn Chowdhury Vs. Ananda Chandra Roy and anr.

Court : Kolkata

Reported in : AIR1914Cal679,24Ind.Cas.273

..... privy council act of 1874 was within the competence of the indian legislature, i think section 12 of the limitation act of 1908 must equally have been within its powers and i have shown that there is strong reason for thinking that section 8 was valid legislation.the court's power to deal with applications for leave to appeal rests primarily on clause 39 of the letters patent, which ordains that any person may appeal to the privy council in ..... thus by the privy council appeals act, 1874, it was provided that application by any one desiring to appeal to her majesty in council must ordinarily be made within six months from the date of the decree : but if that period expired when the court was closed, the application might be made on the ..... now become the established practice to receive an application made on the day the court re-opens though beyond the prescribed six months, and this has been in reliance on section 8 of the privy council appeals act, 1874, and of the provisions that have taken its place in the code and the limitation acts. ..... neither the 2nd clause of section 5 nor the 2nd paragraph of section 12 of the limitation act of 1877 has been applied to an application for leave to appeal to his majesty in council, that is, because an application for that purpose did not come within the terms of either section ..... section 12 of the limitation act, so far as it relates to an application for leave to appeal to his majesty in council, was beyond the powers of the indian legislature.6. .....

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 .....

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 .....

Mora Ho Vs. State of Bihar and ors.

Court : Patna

..... submitted that on the commencement of indian council act, 1861 attempt was made to constitute councils in india to govern people representation ..... . even under the provisions of the government of india (adaptation of indian laws) order, 1937 , the schedule district act, 1874 ceased to have effect but the continuing validity of any notification, appointment, regulation, direction or determination made thereunder, which was in force ..... the government of india (adoption of indian laws) order 1937, the schedule district act 1874 was not adopted. ..... , learned counsel has misconstrued the notification issued under the schedule district act, 1874, which i shall deal with hereinafter. 53. ..... the wilkinson's rules was never saved by section 7 of the act 1874 rather by virtue of section 3 of the said act various other enactments were made applicable in kolhan area. ..... in earlier cases as to whether the wilkinson's rules were in force after promulgaiton of scheduled district act, 1874 (act 14 of 1874). ..... bench further, held, as follows : 'in view of the principle laid down in the above mentioned cases we must presume in the present case that wilkinson's rules were precribed by the governor-general by an order in council under section v of regulation xiii of 1833 and that these rules have been continued by act xiv of 1874 and succeeding statutes. ..... of the scheduled district act 1874, ceased to exist and the wilkinson's rules could no longer be saved under section 7 of the scheduled district act xiv of 1874. .....

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. .....

The New East India Press Co. Ltd. Vs. Rameshvar Nandlal

Court : Mumbai

Reported in : (1932)34BOMLR1410

..... the privy council applied section 39 of the act of 1859 which corresponded to article 85. ..... 22 of the indian limitation act), that is to say, on november 2, 1922. ..... the suit is one by an agent against a principal for a balance due on an account, and fairly falls within article 85 of the first schedule to the indian limitation act (vide madhav v. ..... this follows from section 22 of the indian limitation act. ..... aga mehedee sherazee(1874) l.r. .....

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, .....

Suraj NaraIn Dube Vs. Sukhu Aheer and anr.

Court : Allahabad

Reported in : AIR1928All440

..... it was suggested that the expression has done something 'will not cover a case of payment of money, but the definition of' consideration to be found in section 2, clause (d), contract act, will show that the expression of doing something, has been used there and must be taken as being wide enough to cover a case of payment of money.15. ..... 99 the privy council disapproved reading a section of the indian contract act in the light of english law, and they made similar observations in ramanandi kuer ..... the learned counsel for the appellant has argued that the case is covered by section 25, clause 2, contract act, and the learned judge of the court below was wrong in holding that the contract is without consideration ..... 2, under english law (infants relief act 1874, section 2) the contract by a major, in the circumstances of the present case, would not be void like a contract by a minor, but no action is allowed to be maintained to enforce the ..... it would i think, be inconsistent with the general tenor and policy of the contract act to hold that though the agreements were void when they were made and cannot be ratified by the promisor on attaining majority nevertheless the some result can be achieved by the promisor taking a trifling ..... the real ground on which the privy council case is distinguishable is that although the contract had commenced during the period of disqualification, it had been continued and performed after the disqualification had ceased and fresh advances also had been made .....