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. .....
Tag this Judgment!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. .....
Tag this Judgment!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. .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Kolkata
Reported in : (1881)ILR7Cal523
..... come to this conclusion, because it was thought necessary by a special legislative enactment (act xxi of 1845) to empower the governor-general in council to establish civil and criminal courts in the tributary mehals and to define the powers of the several grades of these court, and such power has been cl(sic)jd and exercised by the government of bengal without any such authority; and next, because the fact that the indian councils act, 24 and 25 vict ..... urged that, inasmuch as mohurbhunj is not specified amon the scheduled districts of bengal in the first schedule of act xiv of 1874, or the sixth schedule of act xv of 1874, it is under section 3 of the latter act, subject the ordinary law in force throughout british india.24. ..... but it seems to me that, although mohurbhunj is british india, and although the acts of 1874 declared what was the law for british india, inasmuch as the concluding sections ..... as to the laws now actually in force in mohurbhunj, it is impossible to deny that the effect of section 3 of act xv of 1874 has been to produce some obscurity as to the position of those parts of india which, not being scheduled districts as enumerated in the schedules to the acts, are yet not administered in complete accordance with the 1aws declared to be in force throughout the whole of british india except the scheduled districts; and that the difficulty thus occasioned is enhanced by ..... they are not mentioned in the schedule to act xv of 1874, and they are, therefore, unaffected by .....
Tag this Judgment!Court : Kolkata
Reported in : (1894)ILR21Cal732
..... to hindu wills, that as the entire estate became vested in an executor or administrator, such person was competent under section 31 of act ii of 1874 to transfer to the administrator-general by an instrument in writing all estate, effects and interests so vested in him, seems to me to be completely met by section 66 of that act, which declares that nothing contained in the indian succession act of 1865 (and therefore nothing in section 167 of that act) shall be taken to supersede or affect the rights, duties and privileges of the administrator-general. ..... in my opinion the history of the act of 1874 is inadmissible to explain it, and we ought not to consider what was the intention of the members of council by whom it was introduced (see the cases collected in wilberforce on statutes, page 105). ..... i should also state that the statement of objects and reasons for the introduction of any bill into the legislative council's, as well as the report of any select committee to whom the bill may be committed for report, are invariably published under authority of government in the government gazette for public information.33. ..... the full bench judgment contains the following passage:' but we thought it right from the proceedings of the legislative council at the time this measure was in preparation to obtain such light as they could throw on the intention and scope of the section in question. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1927Cal496
..... be prescribed thereby; and, save as by such letters patent may be otherwise directed and subject to and without prejudice to the legislative powers in relation to the matters aforesaid of the governor-general of india in council the high court to be established in each presidency shall have and exercise all jurisdiction and every power and authority whatsoever in any manner vested in any of the court in the same presidency abolished under this ..... to difficulty is apparently this that in the east india councils act of the same year there was a provision in section 22 that the governor-general in council shall not have the power of making any laws or regulations which shall repeal or in any way affect 'any provisions of any act passed in this present session of parliament,' etc. ..... these decisions and of the statutes and letters patents convinces me that the doubts thrown upon the power of the indian legislature prior to the government of india act to make enactments which should modify the exercise by the high court of the powers previously possessed by the supreme ..... for many years past this question instead of being dealt with and determined has been left on the basis that it was extremely doubtful whether the indian legislature can be supposed to have had the power of prohibiting even for certain purposes recourse to the old writ of habeas corpus. ..... council may approve it and it shall have the like force of law subject to the like disallowance as if it were an act of the indian ..... 1874 .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1958Cal713,63CWN258
..... strength of his original title and in general he may be given relief though he is particeps criminis in the following cases :(a) where his case falls within one of the three exceptions recognised by section 84 of the indian trusts act or(b) (i) where public interest or the interest of third parties require that the relief should be given or (ii) where denial of the relief may defeat a legal prohibition, or (iii) where the transaction is such ..... though in ilr 27 cal 231 (z-23), a benami conveyance was said to give a good legal title to the benamdar, in 35 ind app 98 (pc) (n), the privy council acted upon the view that a benami transfer was not intended to be an operative instrument and as such need not be set aside and did not bar a suit for recovery ..... void and not voidable, (b) the plaintiffs may ignore the lease and sue for possession and are entitled to relief as a matter of right, (c) the case of (1874) 16 eq 275 (a), has no application to a case where the transfer for illegal purposes is void. ..... relief in respect of an illegal transaction to a plaintiff implicated in the illegality following the rule of law as to particeps criminis, and acting upon the maxim, that in pari delicto potior est conditio defendentis, (1874) 16 eq 275 at p 283 (a). ..... my conclusions therefore are (1) that (1874) 16 eq 275 (a), has been misapplied and misunderstood in many cases in india, (2) that the principle in that case should not be understood as laying down an invariable and inflexible rule of .....
Tag this Judgment!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. .....
Tag this Judgment!Court : Kolkata
Reported in : (1876)ILR1Cal79
..... cause court, also expressly placed the high court in the same position with regard to it as the supreme court had previously occupied; and lastly, section 9 of the charter act--i need not read it at length--continues to the high court all the powers and authority of the supreme court, subject only to such limits thereto, if any, as might ..... of his reign, and the justices, sheriffs and other magistrates thereby appointed for the said districts, may better answer the ends of their respective institutions and act more conformably to law and justice, it is our further will and pleasure, and we do hereby further grant, ordain and establish that all and every ..... charter shall not be liable to arrest or imprisonment by process issuing out of any court holden under this act, and no writ or process shall be (sic) sued out of the said court against any of the persons privileged by act i of 1844, or act xviii of 1848, without the consent of the governor in council. ..... occasion, when the same case was adjourned to the 2nd, acted for his father in that suit, and had taken part ..... ' suppose a gentleman, newly made a member of the supreme council, had the nusfortune to have a judgment of the court of small causes passed against him, and to be arrested by ..... act says--'the governor-general and members of the supreme council of india, the governors and members of council ..... that act ix of 1850 was moulded on the english county courts act 9 ..... within the anticipation of the framers of act ix of 1850. ..... , by act ix of .....
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