Court : Kerala
Reported in : 2006(2)KLT612
..... according to the learned counsel, going by sections 10 to 14 of the indian nursing council act 1947, the said act mainly governs matters, relating to recognition of qualifications. ..... the statement of objects and reasons of the indian nursing council act, 1947 reads as follows :provincial nursing councils have been established in all provinces and maintain registers of qualified nurses, health visitors and midwives. ..... it is submitted that the indian nursing council act, 1947, does not stipulate that permission to start a nursing school can be granted, only to an applicant, who owns and possesses a hospital, with 200 functional beds. ..... the absence of an own building is not a deficiency, in terms of the provisions of the indian nursing council act, 1947, or the regulations framed thereunder, for starting a nursing school. ..... the same can only guarantee that a person, who passes out from the institution, can get enrolment in other states also, going by section 14 of the indian nursing council act. ..... i think, it is fruitful to refer to the relevant provisions of the indian nursing council act and the travancore cochin nurses and midwives act. ..... the ordinance will be repealed by this act.the preamble of the act says that it is passed, in order to establish a uniform standard of training for nurses, midwives and health visitors. ..... to avoid delay, an ordinance was passed in august 1947 for this purpose. .....
Tag this Judgment!Court : Mumbai
Reported in : (1907)9BOMLR606
..... defendant did in good faith believe, that the firm of ismailji sullemanji took over the recovery of that debt and had given or would give full value for it and i see no reason why under section 27 of the indian trusts act 1882 the second defendant, who is less guilty than his co-executor, should not compel the first defendant to make good the loss. ..... and i do not think either, that section or section 43 of the indian trusts act 1882, operating under section 95 of that act, could apply in a case where the power of submission, being exerciseable by the executors as trustees acting together, has been exercised to decide a question arising between one of the executors as representing the estate and the other executor as representing an adverse interest which in this case was his ..... it turn out that the transaction impugned was as beneficial to the interests of those concerned as any that could be substituted for it, it would seem irrational for a court bound to act in those interests, to set the transaction aside and a gratuitous hardship to all parties to insist on long and costly proceedings that could benefit nobody merely because an executor was the purchaser ..... and, secondly, if the section conferred on executors in this case the very large and irresponsible powers contended for, the section has by implication so far boon repealed or modified by subsequent legislation in the trust act of 1882 as to make that power subject to the restrictions, consequences and liabilities entailed .....
Tag this Judgment!Court : Chennai
Reported in : (1915)ILR38Mad887
..... in india, there is a statutory guarantee for good title unless the same is excluded by the contract of parties [vide section 55, clause (2) of the transfer of property act, the question of the knowledge of the purchaser does not affect the right to be indemnified under the indian statute law. ..... the decisions of the judicial committee of the privy council in hanuman kamat v. ..... if article 62 or 97 of the limitation act applied, the suit would be in time. mr. .....
Tag this Judgment!Court : Chennai
Reported in : 59Ind.Cas.98
..... land-holder nor the ryots were liable to pay the cess, and the ryots, by paying it, could not acquire any right of recourse against the land holder under the revenue recovery act, or otherwise their remedy was to sue the government to recover back the money levied from them under duress as money had and received to their use, and such a suit would have been ..... the plaintiff relies on a decision of the privy council, followed in the indian high courts, as establishing the principle that on the reversal by the high court of the judgment of the subordinate judge's court of ..... the ultimate remedy in government's hands is by attachment of the land and its produce, and the power given by the act to sue either the zemindar or the ryot is merely machinery for carrying out conveniently what is, in its essence, a ..... of action arose the plaintiff or some body else had a suit pending which raised the same question does not exempt him from the operation of the limitation act, nor does the decree in that suit give him a fresh cause of action with refresh starting point. ..... section 130 of the transfer of property act, as the practice of exchanging pattas and muchilikas was discontinued after the coming into force of the madras estates land act ..... the language of the judgment--any subsequent decrees of the lower courts which purported to go on adjusting rights which had already been finally adjusted; it did not and did not pretend to repeal them; it could only do so in an appeal in such suits to itself. .....
Tag this Judgment!Court : Kolkata
Reported in : 61Ind.Cas.923
..... ' we are of opinion that this covenant to accept interest at a reduced rate, if interest is paid punctually, does not make the original rate of interest a penalty within the meaning of section 74 of the indian contract act. .....
Tag this Judgment!Court : Allahabad
Reported in : (1922)ILR44All218
..... the rule to which we have been referred occurs in a notification dealing with wharfage, and section 47(1)(f) of the indian railways act empowers the railway companies to make general rules consistent with the act for regulating the terms and conditions on which the railway administration will warehouse or retain goods at any ..... the facts of the english decision are studied it becomes apparent that there the plaintiff, knowing full well the course of business of the company, had not merely waived some formal performance of an act like the handing over of the receipt, but had departed altogether from the practice at that particular station, and had left six pigs in the possession of one of the railway porters to ..... those sections, of course, cannot be construed without first interpreting the contract of bailment as defined in section 148 of the indian contract act, which again involves the definition of 'delivery' as contained in section 149 of the indian contract act, and the two sections 148 and 149 are equally incorporated with the railways act and define and ..... follows that no rule, which any company can make, can cut down, control or limit its liability which is the creature of statute under section 72, and, if a rule is relied upon by the company which is inconsistent with that liability it has clearly gone beyond the authority ..... july, 1902, in which certain rules were notified and the sanction of the governor general in council to the same published for general information. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1924All543; (1924)ILR46All384
..... the learned advocate for the plaintiffs has strongly urged that the present case must be distinguished from the recent privy council case on the ground that the personal remedy to enforce the debt under the deed, dated the 8th of october, 1904, in lieu of which the mortgage deed in suit was executed had become time- ..... it is noteworthy that the learned chief justice, whose views have been approved of by their lordships of the privy council, answered the first question in the affirmative and, therefore, thought it unnecessary to answer the second question at all ..... in fact, under section 25, sub-clause (c), of the indian contract act 'a promise made in writing and signed by the person to be charged therewith to pay wholly or in part a debt of which a creditor might have enforced payment but for the law for the limitation of suits, is not considered void ..... in this recent case which was before their lordships of the privy council, it is clear from the facts that the personal obligations incurred by the father were still enforceable inasmuch as the earlier debts had been contracted within a period of between two and three years prior to ..... is true, as we have pointed out, that the father here is still alive, but under the recent privy council ruling that circumstance in no way affects the liability of the sons. ..... seems to us that this appeal is concluded by the principles which have been laid down by their lordships of the privy council in their recent judgment in the case of brij narain v. .....
Tag this Judgment!Court : Allahabad
Reported in : 78Ind.Cas.911
..... the learned advocate for the plaintiffs has strongly urged that the present case must be distinguished from the recent privy council case on the ground that the personal remedy to enforce the debt under the deed dated the 8th of october 1904 in lieu of which the mortgage-deed in suit was executed had become time- ..... it is noteworthy that the learned chief justice, whose views have been approved of by their lordships of the privy council, answered the first question in the affirmative and, therefore, thought it unnecessary to answer the second question at all ..... in fact, under section 25, sub-clause (c) of the indian contract act a promise made in writing and signed by the person to be charged therewith to pay wholly or in part a debt of which a creditor might have enforced payment but for the law for the limitation of suits is not considered void ..... in this recent case which was before their lordships of the privy council it is clear from the facts that the personal obligations incurred by the father were still enforceable, inasmuch as the earlier debts had been contracted within a period of between two and three years prior to ..... is true, as we have pointed out, that the father here is still alive, but under the recent privy council ruling that circumstance in no way affects the liability of the sons. ..... seems to us that this appeal is, concluded by the principles which have been laid down by their lordships of the privy council in their recent judgment in the case of brij narain rai v. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1925Bom547; (1925)27BOMLR1168; 94Ind.Cas.575
..... ' were invested with all the rights which the creditor had against the principal debtor ' and became entitled to the benefit of every security held by the creditor (see sections 140 and 141 of the indian contract act), i have not been referred to any authority on section 140, but the word 'invested ' seems to me a strong one, and coming as it does in a statute, i do not see why in a case like the present it should ..... 722, is :-this is not a real exception to the rule laid down at the beginning of the section, the agent being in such case virtually a principal to the extent of his interest in the contract.the section in question is section 230 of the indian contract act which runs:-in the absence of any contract to that; effect, an agent cannot personally enforce contracts entered into by him on behalf of his principal, nor i3 he personally bound by them.then follow ..... doubt distinguishable from the present one, but they shew what view our courts have taken of section 22 of the indian limitation act, and section 32 of the civil procedure code, and no case exactly in point has been cited ..... i am further of opinion that this appropriation was assented to by the defendants within the meaning of section 83 of the indian contract act, having regard to my above findings that mohanlal asked for and was given time after the receipt of the ..... council ..... in appeal, and i may add that a somewhat similar question as to numbering has now been conclusively determined by the privy council in ramjivan v. .....
Tag this Judgment!Court : Mumbai
Reported in : (1926)28BOMLR718
..... not proved that jamshedji has signed any other risk-note on behalf of tamboli brothers, but the other evidence that i have alluded to, in my opinion, clearly establishes that, by virtue of sections 187 and 188 of the indian contract act, jamshedji had implied authority to sign a risk-note like exhibit 68, which was part of the plaintiff's business of consigning goods from amalner to bombay. ..... point as to the lower court's finding that there was negligence in dealing with the goods under the ordinary rule of law, under section 72 of the indian railways act, does not really arise for decision, but, as the case may go further, i think we should give our opinion. ..... section 72 of the indian railways act, 1890, this document, exhibit 68, is void, unless it (a) is in writing signed by or on behalf of the person sending or delivering to the railway administration the animals or goods, and (b) is otherwise in a form approved by the governor-general in council ..... similar to that of the appropriation of goods for a particular sale, so as to make the goods ' ascertained ' under section 83 of the indian contract act. ..... deciding whether the goods were to go at owner's risk or railway risk, the agreement, exhibit 68, did not come into operation so as to affect the ordinary liability of the railway as a bailee under section 72 of the indian railways act. ..... in the place he did, suffices to make his signature one on behalf of the plaintiff, within the meaning of section 72 of the indian railways act. .....
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