Court : Kolkata
Decided on : Jan-12-1937
Reported in : AIR1937Cal233
..... examination of witnesses on oath. in fact, this procedure is followed almost every day. the learned judge assuming that he had jurisdiction, would, therefore, have acted quite legally if he had accepted the sureties without holding any inquiry or examination of witnesses on oath. we, therefore, have to determine whether this is a case in which we ought to interfere. under the ..... refused to accept these sureties the accused persons would have a right of appeal to the district magistrate. it seems to me a strong thing to say that because the judge did not hold any inquiry as to the fitness of certain persons who were willing to stand sureties we ought to interfere with the order of the ..... judge and start the whole thing over again. it should be plain that the only point which the magistrate had to determine was whether these persons were fit persons. he .....
Tag this Judgment!Court : Kolkata
Decided on : Mar-10-1937
Reported in : AIR1937Cal603
..... as the corporation may think fit relating to matters affecting their respective districts, and may also from time to time, by specific resolution, refer to them for inquiry and report or for opinion such matters relating to such districts as the corporation may think fit.25. it follows therefore from the provisions of section 71 read ..... -law 13 is: 'as i say, none has been framed under the section of the new act, section 377'. it is to be observed that the plaintiff in his memorandum of appeal has not challenged the decision of the learned judge touching the construction which ought to be placed on that bye-law. our task in deciding this ..... of 1923). section 71, calcutta municipal act 1923, in sub-section (1) provides:the corporation may each year appoint standing committees and, by specific resolution, delegate any of their functions, powers or duties to such committees and may also from time to time, by a like resolution, refer to them for inquiry and report, or for opinion, such .....
Tag this Judgment!Court : Kolkata
Decided on : Apr-09-1937
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 .....
Tag this Judgment!Court : Kolkata
Decided on : Apr-09-1937
Reported in : AIR1937Cal468
..... 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-debtors ..... 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 interest ..... that the attaching certificate holder, namely, the secretary of state for india in council, by virtue of the attachment under section 19, public demands recovery act, acquired all the rights of the appellant to adjust and grant satisfaction of the attached decree inasmuch as the amount due on the decree under execution was .....
Tag this Judgment!Court : Kolkata
Decided on : Apr-15-1937
Reported in : AIR1937Cal425
..... 1931 is therefore final and the present execution petition is not maintainable.5. the result therefore is that this appeal is allowed. the order of the learned judge allowing the decree-holder's application for review and directing execution to proceed against the appellant is set aside. the decree-holder's application for execution is dismissed ..... for review must therefore be rejected as not maintainable in law. the question whether it is barred by limitation does not therefore arise for our consideration. the learned judge appears to have set aside the order of 10th october 1931, also under section 151. this order was appealable; but the decree-holder did not appeal against ..... passed in the course of the execution of that order. the relevant portion of section 12, act 39 of 1920 is as follows:any order made by a governor on the report of the commissioners regarding the costs of inquiry may be produced before the principal civil court of original jurisdiction within the local limit of whose .....
Tag this Judgment!Court : Kolkata
Decided on : Apr-21-1937
Reported in : AIR1937Cal432
..... p.c. the jury found him guilty under both. the only point taken on his behalf is that the learned judge misdirected the jury with regard to the law relating to drunkenness. what he said was in these terms:if an act is done in a state of intoxication and that intoxication is voluntarily incurred, he is equally liable before the law ..... as if he had done that act in a state of sobriety.2. now, in my opinion, that direction is entirely inadequate as a statement of the law on the point. the learned judge should have told the jury that, as far as knowledge was concerned, it must be taken ..... the accused had the same knowledge as he would have had if he had not been intoxicated. there is, however, no such presumption with regard to intention. the learned judge should then have directed the jury that, if they were satisfied that he was intoxicated at the time, they should take that fact and the other facts into consideration in .....
Tag this Judgment!Court : Kolkata
Decided on : May-26-1937
Reported in : AIR1937Cal697
..... present stage.20. in the present case, as it seems to me, the learned commissioner was very much in the same sort of position as the learned county court judge in the case to which i have just referred. if anything, he was in a worse position because here neither side adduced any evidence at all. so the ..... . in that case the workman (a painter) claimed compensation for a strain to his heart which he said occurred whilst he was at work on a scaffold. the judge accepted the applicant's evidence as to the nature of the accident and the manner in which it happened and admitted as evidence, although objection was made, three certificates ..... (3) says:any commissioner may, for purpose of deciding any matter referred to him for decision under this act, choose one or more persons possessing special knowledge of any matter relevant to the matter under inquiry to assist him in holding the inquiry.18. mr. bhattacharjee in elaborating his second and subsidiary point (ground no. 2) sought to argue that .....
Tag this Judgment!Court : Kolkata
Decided on : May-28-1937
Reported in : AIR1937Cal619
..... i am in entire agreement with the view enunciated by boddam, j. in goseti subba row v. varigonda narasimham (1904) 27 mad 368. the learned judge says, referring to proviso (4) to section 92, evidence act, 'the words of the proviso are perfectly clear, and in my opinion apply to any agreement, whether executory or executed'. i am unable to see ..... issue 8:is the contract alleged by the defendants to have been entered with the plaintiff true, and is the plaintiff bound by it?3. the learned additional subordinate judge of sylhet who tried the suit gave his decision in favour of the defendants, after having come to the conclusion that the claim on the mortgage as made by ..... evidence of this oral agreement was admissible in evidence or not. as the mortgage instrument was in writing and registered, the learned judges held that the said agreement was hit by proviso (4) to section 92, evidence act. mr. sen says that this case is exactly on all fours with that case, and on the authority of the same the .....
Tag this Judgment!Court : Kolkata
Decided on : Jun-16-1937
Reported in : AIR1937Cal720
..... to the high court under section 115, civil p.c., 1908, and in any event under section 107, government of india act. patkar, j. at page 552 said:it appears therefore that where a judge or the presiding officer of a court as distinguished from the court itself is directed to perform any function of an authority created ..... act is of opinion that the result of the election has been materially affected' by any irregularity in respect of a nomination paper, or ..... -election will be held, the date of which will be communicated in due course.7. the section under which mr. carter purported to act, so far as is material, reads thus:save as hereinafter provided in this section, if after due inquiry, the authority appointed under c1. (a) of section 138 to decide disputes relating to elections under this .....
Tag this Judgment!Court : Kolkata
Decided on : Jul-06-1937
Reported in : AIR1939Cal92
..... trading family. i have carefully reviewed and considered all the evidence in the case, and have come to the conclusion that all the findings arrived at by the learned judge on the facts are correct, and that in the circumstances of the case the plaintiffs were entitled to succeed as against all the defendants. the appeal is accordingly ..... v and beni prasad has admitted that these three groups controlled the bulk of the family business and that they were acting in concert during the early stages of the partition suit. in spite of this support the subordinate judge dismissed the application on the ground that sufficient necessity had not been proved to justify a mortgage of family property. ..... except group iii, that at that date no member of group iii had any power or authority to act for or on behalf of or to pledge the credit of any other member or group of members, so the learned judge expressed the opinion that it is clear that no such power or authority could arise or exist unless given .....
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