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 : Kolkata
Reported in : AIR1928Cal27
..... , 4(b), explosive substances act, and 19(f), indian arms act and sentenced to three years rigorous imprisonment under section 4(b), explosive substances act, and to eighteen months' rigorous imprisonment under section 19(f), indian arms act, the sentences to run concurrently. ..... ,or of his pleader, if he appears by pleaderrelate to cases where the personal attendance of an accused person is dispensed with under the provisions of section 205 of the code in which the wordspermit him to appear by pleaderare to be found, and secondly that such interpretation is borne out by the provisions of section 361, of which the first two sub-sections read:sub-section (1) : whenever any evidence is given in a language not understood by the accused and he is present in person, it shall be interpreted to him in open court ..... it is probable that his statement that he was in the house for two days previous to the raid to help nursing the people who were admittedly very ill is true, for no article belonging to him was found in the house at the search. ..... , it is urged that, in the absence of evidence to the contrary, it should be believed that rajendra and debi did not go to the house till the 8th november, and that their purpose in staying there was merely to help in nursing' people who were ill. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1938Cal271
..... it seems to me that this construction, at any rate, is no longer open to the indian courts, having regard to two decisions of privy council, which must be deemed to have held that administration suits are not suits for land.4. ..... he then alleges that many years prior to his death, ram kissore singh separated from his three step-brothers, including the defendant, nursing pandey, and thereafter carried on a separate business in the district of darjeeling and acquired considerable properties out of its profits. ..... the judgment of the madras high court against which the appeal to his majesty in council was preferred is to be found reported in srinivasa moorthy v. n.t. ..... one of the privy council decisions on which the learned judge relies is benode behari bose v. ..... the succeeding paragraphs safe out various acts of waste and misappropriation with which the plaintiff charges the defendant. ..... that case was decided in 1901 and it may be questioned whether in view of the subsequent decisions of the privy council it is now authoritative. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1939Cal628
..... argument is that it is repugnant to certain 'existing indian laws,' namely, old section 10-0, court of wards act, itself and section 51 as well as order 21, rule 24, civil p.c, with respect to one of the matters enumerated in the concurrent legislative list, namely, civil procedure, and is consequently void under section 107(1), government of india act, 1935, not having received the governor-general's assent under section 107(2). ..... there was an application on behalf of brojendra kishore roy chaudhury for review of the subordinate judge's order of 16th november 1938 on the ground, amongst others, that the aforesaid section 10-c inserted by the court of wards amendment act did not and could not affect his right to proceed with the execution under the provisions of the civil procedure code. ..... there are only two legislative lists, but it has been settled by a long line of privy council decisions thatthere can be a domain in which provincial and dominion legislation may overlap, in which case neither legislation will be ultra vires, if the field is clear, but that if the field is not clear and in such a ..... their lordships of the judicial committee of the privy council held that where the prohibitions of the dominion act were or might be in actual operation the provincial act was or would be inoperative by reason of repugnancy; but where the former were not in actual operation (by reason of their not having been locally adopted), there could be no ..... by the privy council in chhajjuram v. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1939Cal736
..... the amending act which introduced section 26-g was passed by the provincial legislature of bengal and it did not receive the assent of the governor-general in council. ..... act, as that section clearly states that the mortgagor would get back his property notwithstanding anything contained in any contract or in any other law for the time being in force. ..... the evidence act is an existing indian statute falling in the concurrent list in schedule 7 to the government of india act. ..... the section really proceeds on the footing that the mortgagor is an occupancy raiyat and the legislature was evidently thinking of the rights in the property, as for example, the law of mortgage. ..... his argument is that the evidence act which contains the law of estoppel is included within the words 'any other law for the time being in force. ..... jana on behalf of the petitioners however is that the law of estoppel cannot be invoked in a proceeding under section 26.g, ben. ..... there is a presumption that a legislature acts intra vires. ..... consequently, the provincial legislature never intended to affect the law of estoppel as contained in the evidence act. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1940Cal244
..... the reasons given by the learned district judge in support of his decision are : (a) the insolvency petition is to be taken as a plaint in view of the provisions of sections 18, 19(2) and 5, provincial insolvency act; and (b) the prayer of the debtor for being adjudicated an insolvent amounts to a declaration that the debtor was unable to pay his debts and that they would be extinguished after the declaration of ..... order, 1937 is in these terms:any such prince (sovereign prince) or chief (ruling chief) and any ambassador or envoy of a foreign state may, in the case of the ruling chief of an indian state with the consent of the crown representative certified by the signature of the political secretary, and in any other case with the consent of the central government, certified by the signature of a secretary to ..... that they are properly applicable, no question of waiver by the foreign sovereign or other person entitled to the immunity can arise under the indian law; for, according to the privy council decision in gaekwar baroda state railway v. ..... the learned subordinate judge came to the conclusion that the insolvency petition was maintainable without the previous consent of the governor-general in council and adjourned the case to 22nd may 1939 for hearing on the merits. ..... date he heard the parties and on 9th february came to the conclusion that the insolvency petition could not proceed as it was filed without the consent of the governor-general in council under section 86(1), civil p.c. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1940Cal536
..... the section of the general clauses act, which is material is section 27:where any act of the governor-general in council or regulation made after the commencement of this act authorizes or requires any document to be served by post, whether the expression 'serve' or either of the expressions 'give' or 'send' or any other expression is used, then, unless a different intention appears, -the service shall be deemed to be ..... in these circumstances, the lower appellate court was right in relying upon the presumption under section 114, evidence act that judicial and official acts have been properly performed, and in holding that the presumption that leave had been granted had not ..... second contention, it appears that the appellant made no attempt to establish his allegation that the leave of the court of small causes under section 80 had not been obtained prior to the institution by the respondent of his suit in that court. ..... that as it appeared that the cover was properly addressed to the defendant and had bean registered, duly stamped, and posted, she court was entitled to draw the inference indicated in section 27, general clauses act, and to hold that there was sufficient service. ..... leave of the court of small causes under section 80, presidency small cause courts act, was not taken prior to the institution of ..... by this rule is fortified by order 1a, rule 2 of the rules of practice of the court of small causes which attracts the provision of the general clauses act (indian act 10 of 1897). .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1941Cal33
..... , held that s.53a would apply retrospectively to transactions completed before 1st april 1930, being the date of commencement of the amending act of 1929 which introduced the section, except that they pointed out that the section would not apply to such transactions which were the subject-matter of pending actions on that date (on which last point, reference ..... if the object of s.53a was to create a new remedy where there was none under the old law, the section could not but be prospective: in other words, the learned judge agreed that if s.53a was held to import for the first time into indian law the doctrine of part performance, no doubt with certain restrictions, and if but for this statutory enactment, there ..... to exist in india apart from statutory enactment, so as to override the express provisions of statute law, such as the transfer of property act and the registration act, a question which was discussed by the judicial committee in two later decisions, in which this very case was considered by their lordships: ariff ..... argument which the learned advocate for the appellants raised that apart from section 53a, he was entitled to rely on the lease as a bar to the claim for ejectment on the equitable principle of part performance as recognised and applied by the privy council in mahomed musa v. ..... right to a permanent tenancy by prescription in them against his landlord from whom he holds the lands,' and reference is made to an earlier decision of the privy council, madhavrao waman v. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1945Cal425
..... doubt, prima facie of questionable policy, and contrary to the general principle that legislation by which the conduct of mankind is to be regulated ought, when introduced for the first time, to deal with future acts, and ought not to change the character of past transactions, carried on upon the faith of the then existing law.so far this court is concerned, that rule was recognised by a special bench consisting of the chief justice ..... is a necessary and logical corollary of the general proposition that you ought not to give a larger retrospective power to a section even in an act which is to some extent intended to be retrospective, than you can plainly see the legislature meant.this is also what ..... bengal act, 4 of 1928, was passed with the previous sanction of the governor-general given under section 80a, constitution act of 1915 would not make it an act of the indian legislature: ..... he observed thus:now the particular rule of construction which has bean referred to, but which is valuable only when the words of an act of parliament are not plain, is embodied in the well known trite maxim omnis nova constitutio futuris forman imponere debet non practeritis, that is, that except in special cases the new law ought to be construed ..... gives power only to the indian legislature (the governor-general in legislative council and the governor. ..... general in council under section 71, constitution act of 1915, which correspond to rule 72, schedule 9, constitution act of 1935) the power to affect or .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1950Cal377,54CWN225
..... .--in exercise of the power conferred by section 2, act v [5] of 1881, his honor the lieutenant-governor of bengal, with the previous sanction of the governor-general in council, is pleased hereby to authorise the high court of judicature at port william in bengal, throughout the territories subject to the lieutenant-governor of bengal, and all district judges as defined in the said act within the said territories, and such judicial officers as the said high court may from time to time appoint ..... says that the concurrent jurisdiction which the high court has with the district judge under sub-section (1) of section 300, succession act, 1925, is restricted by sub-section (2) of that section.it is pointed out that the present case is one to which section 57 of the act does not apply, and accordingly the high court has no jurisdiction to entertain it in the absence of a notification in the official gazette as required under sub-section (2). ..... . the present indian succession act (act xxxix [39] of 19s5) is a consolidating act, into which has been consolidated, amongst others, the probate and administration act v [5] of ..... it never strikes him that he ought to be tending and nursing his aged father.' 4. ..... been mentioned in the said application as one of the sons of the testator, no citation was issued to him, and in due course, probate of the will, which is dated 12th october 1946 was issued on 22nd december 1947. ..... original application for grant of probate was presented on 18th december 1947. .....
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