Judgment Search Results Home > Cases Phrase: judges inquiry act 1968 preamble 1 judges inquiry act 1968 Court: privy council Year: 1937 Page 3 of about 39 results (0.029 seconds)

Hiralal Lachmiram Pardeshi Vs. Janardan Govind Nerlekar and anr.

Court : Mumbai

Reported in : AIR1938Bom134

..... . 1600 and execute a sale deed in defendant 2's favour within 15 days. the plaintiff's suit for specific performance has been dismissed because the trial judge held that section 15, specifie relief act, applied and the plaintiff was unwilling to purchase plots (a), (b) and (c) without compensation for defendant l's inability to convey plot (d) ..... stood on a separate and independent footing from the other part of the contract), and cannot apply the section on a mere surmise that, if opportunity were given for further inquiry, such material might be forthcoming and possibly might be found to be sufficient; and (2) that the words of the section, wide as they are, do not ..... failure to implement it. but the plaintiff had notice of this agreement. it was mentioned in his own bargain paper. he was put upon inquiry there-for, and he admits that he made no inquiries. there is nothing at all to show that time was of the essence of the contract. a decree for specific performance has actually been .....

United Motor Finance Co. Vs. Romer Dan and Company

Court : Chennai

Reported in : AIR1937Mad897

..... ' firm affixed his signature to the reference form, has been shown to be substantially untrue. it is noteworthy that this witness admits that he made no inquiries regarding dhanapal chetty, although it must be mentioned that in the reference form no particulars are called for in respect of the guarantor. nor is this all ..... in the three instances in question the defendants did not adhere to these terms. it becomes necessary therefore to decide the question, which the learned trial judge left undecided, whether upon the evidence the plaintiffs have established their ease of fraud against the defendants. the allegations in the plaint are that defendants falsely reported ..... representation was true. in my opinion these misrepresentations amounted to deceit. there is no doubt that they were made to the plaintiffs to induce the plaintiffs to act upon them and that as a consequence the plaintiffs have suffered damage.16. in my judgment, therefore, the plaintiffs' appeal should be allowed and their .....

Hiralal Lachmichand Pardeshi Vs. Janardan Govind Nerlekar

Court : Mumbai

Reported in : (1937)39BOMLR1299

..... on a separate and independent footing from the other part of the contract), and cannot apply the section on a mere surmise that, if opportunity were given for further inquiry, such material might be forthcoming and possibly might be found to be sufficient; and (2.) that the words of the section, wide as they are, do not ..... and execute a saledeed in defendant no 2's favour within fifteen days. the plaintiff's suit for specific performance has been dismissed because the trial judge held that section 15 of the specific relief act applied and the plaintiff was unwilling to purchase plots (a) (b) and (c) without compensation for defendant no. 1's inability to convey ..... failure to implement it. but the plaintiff had notice of this agreement. it was mentioned in his own bargain paper. he was put upon inquiry therefor, and he admits that he made no inquiries. there is nothing at all to show that time was of the essence of the contract. a decree for specific performance has actually been obtained .....

The Central Bank of India Limited Vs. P.D. Shamdasani

Court : Mumbai

Reported in : AIR1938Bom33; (1937)39BOMLR1187

..... latter case that the magistrate has to determine at the time when he makes an order under section 94 of the criminal procedure code whether the documents are necessary for the inquiry; but when they are brought into court, the inspection should not rest with the magistrate who does not prosecute. it is reasonable that those who conduct the ..... 23. that section provides that whenever any court considers that the production of any document or other thing is necessary or desirable for the purposes of any investigation, inquiry, trial or other proceeding, such court may issue a summons to the person in whose possession or power such document or thing is believed to be, requiring him ..... his order wider than necessary.' and bowen l.j. added (p. 738) : 'i also think that great caution should be exercised in acting under this power, and i have no reason to doubt that the judges do exercise such caution.' in the first case, kay j. said (p. 678) :'...before we grant inspection of the account of the .....

Bakshi Ram and ors. Vs. Emperor

Court : Allahabad

Reported in : AIR1938All102; 173Ind.Cas.663

..... the appellants' counsel have stated that their clients will file an application for extension of time under section 5, lim. act, in the court of the sessions judge and, having regard to the fact that the question now decided by us was not free from difficulty, we have every ..... viz. between 3rd and 5th december 1936, mr. crofts was informed by the local government that he had been made an additional sessions judge with effect from the date that he commenced the trial of the case. this order of the local government, though retrospective in terms, could ..... (1936) 23 a.i.r. mad. 163 in that case the madras high court had to construe the words 'inquiry or trial' used in section 526(a) of the code of 1898 and it held that:the pronouncing of judgment is not a part ..... of the inquiry or trial and, therefore, where a magistrate is transferred after he has completed the trial but before pronouncing judgment, the .....

Durga Prosad Chamaria Vs. Secretary of State for India and ors.

Court : Kolkata

Reported in : 172Ind.Cas.560

..... filed by the secretary of state, they raised a dispute about the amount of their liability under the decree and the certificate officer thereupon, after making certain inquiries, received rs. 1,60,000 in full satisfaction of the decree. it was, however, admitted by the learned advocate appearing on behalf of the judgment ..... are collusive, (c) that the attaching certificate holder has no right to adjust the decree in the manner alleged by the judgment-debtor. the learned subordinate judge has overruled these objections and has recorded the adjustment on the following findings : (1) that the original decree-holder, namely the appellant had no subsisting ..... process of the court and shall apply the net proceeds of execution towards the satisfaction of the certificate. the provisions of section 19, public demands recovery act and order xxi, rule 53, civil procedure code, in my opinion, make the attaching certificate holder or the attaching decree-holder the representative of the original decree .....

Rudragouda Venkangouda Patil Vs. Basangouda Danappagouda Patil

Court : Mumbai

Reported in : AIR1938Bom257; (1938)40BOMLR202

..... of rights, the failure on the part of both gangava and parwatewa to ask for the names of venkangouda or parwatewa to be entered or even to have an inquiry made in 1885 coupled with the failure of the plaintiff's father himself to take any action to recover venkangouda's share after the death of parwatewa for a period ..... his name in the khata. that was so is evident from the course of the conduct of the parties. after venkangouda's death there was neither any varsa (heirship) inquiry nor mutation of names in the village records, and parvateva too did not set forth her claim to succeed to venkangouda's property as his widow. it is true that ..... impossible to say, in my opinion, that the documents were not compulsorily registrable under section 17 of the indian registration act. two out of the several cases referred to by the learned counsel for the respondent support this conclusion. the judges of the lahore high court in the decision in ganesh das v. kanthu air[1935] lah. 448 express the opinion .....

Emperor Vs. Bhatu Sadu Mali

Court : Mumbai

Reported in : AIR1938Bom225; (1938)40BOMLR297

..... in or in relation to a proceeding in that court, such court may, after such preliminary inquiry, if any, as it thinks necessary, record a finding to that effect and make a complaint thereof in writing.the learned subordinate judge acted under that section and made a complaint in writing. it seems clear that if that section ..... stood alone there could be no appeal from the directions of the subordinate judge because no order is made ; the judge merely records a finding and lodges a complaint, which is an administrative act. however a right of appeal is expressly given by section 476b. that section provides that-any person on ..... record and proceedings of the case before the assistant judge, because the assistant judge was exercising a jurisdiction concurrent with that of the sessions judge in a case transferred to him, under section 17 of the bombay civil courts act, 1869. it is clear, however, that the sessions judge if he thinks that injustice has been committed by .....

Dacca Co-operative Industrial Union Ltd. Vs. Dacca Co-operative Sankhy ...

Court : Kolkata

Reported in : AIR1938Cal327

..... and decree of the subordinate judge of the same place were affirmed. the appellant was the defendant in the suit which was instituted by eight co-operative societies called the dacca co-operative sankhya silpa societies nos. 1 to 8. both the appellant and the respondents are societies registered under the co-operative societies act of 1912 and have ..... these matters carry us to section 28. sections 29 to 34 deal with the property and funds of registered societies, and sections 36 to 38 with inspection of and inquiries relating to the affairs of a registered society. the matter of dissolution of registered societies is then taken up, and section 42 (6) provides that the civil court ..... himself cannot refer the matter to arbitration, this can be done only by the parties. secondly, it is argued that arbitration means the decision of a dispute by a judge of the parties' choice. it is said that the first part of sub-rule (2), in so far as it contemplates the decision by an arbitrator appointed by .....

Estate and Trust Agencies (1927) Ltd. Vs. Singapore Improvement Trust

Court : Privy Council

..... left for it to operate upon. in the case of (1927) 1 kb 491, (5) scrutton, l. j., after expressly approving this dictum as that of a judge who had great familiarity with this subject, remarked : when the sentence is unexecuted a statement of intention to execute it may be followed by a writ of prohibition, however, ..... april 1935, was allowed with costs and the order made by him was reversed. in the result a writ of prohibition which had been directed to issue by the trial judge was set aside. the appellants, the estate and trust agencies (1927) limited are the owners of a house known as municipal no. 543, north bridge road, singapore. ..... all the matters which the board relies on and which the proprietors must be prepared to discuss on the inquiry which must take place before the declaration is submitted to the governor in council. their lordships would therefore have hesitated to act on the strong suspicion which an attentive consideration of the report has aroused in their minds, namely, .....