Court : Kolkata
Decided on : Dec-21-1937
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 .....
Tag this Judgment!Court : Kolkata
Decided on : Dec-14-1937
Reported in : AIR1938Cal348
..... failure within the six months was excused there has been subsequent unreasonable delay. as long as no statute of limitation has been infringed i think the learned judge was quite right as to that, and that the proper construction is that the only thing with which that proviso is dealing is the failure to make ..... compensation was made and this was again refused. on 28th march 1936 the applicant started proceedings before the commissioner for workmen's compensation to recover compensation under the act in respect of the accident which had occurred in 1925. the commissioner refused to award him compensation first, holding that it was not proved that an accident ..... somewhat similar position was considered under section 2, workmen's compensation act, 1906 (which was replaced by section 15, workmen's compensation act, 1925) in lingley v. firth & sons, ltd. (1921) 1 kb 655. at page 661, lord sterndale m. r. said:in my opinion the learned judge was right in saying that this bar of six months being .....
Tag this Judgment!Court : Kolkata
Decided on : Aug-03-1937
Reported in : AIR1938Cal385
..... upon facts or a fact to be adjudicated upon in the course of the inquiry, it is obvious that conditions of the last differ materially from those of the three other classes. objections founded on the personal incompetency of the judge or on the nature of the subject matter or on the absence of some essential preliminary, must obviously ..... cal 1011 at p. 1027. the question therefore is whether the court of wards in making a declaration under section 6 (a), court of wards act is acting judicially. if it is so acting, there can i think be no doubt that the person to be affected by the declaration is entitled to notice. as in all these cases, the ..... statute neither specifically provides for notice nor specifically dispenses with it. it appears to me irrelevant to say that the declaration and what follows on it are acts done in exercise of sovereign functions. in one sense the whole administration of: justice is an exercise of a sovereign function. although the courts are independent of the .....
Tag this Judgment!Court : Kolkata
Decided on : Aug-02-1937
Reported in : AIR1938Cal17
..... sub-section (4), but such temporary order can be made only pending an appeal under section 520. in this view, assuming section 517 applied, the order of the sessions judge could not obviously be justified in so far as it allowed the complainant to retain custody of the bull pending the decision of a competent civil court. the order of ..... rs 50. i am informed the animal has been since removed to the pinjrapole at sodepur where it is being maintained at the complainant's cost. the learned sessions judge permitted himself to make certain observations in his order to which strong exception is taken on behalf of the petitioner. this is what he said:in the present case, ..... a final report under section 173: this was a stage prior to the commencement of an inquiry or trial, as sub-section (4) of this section would show. it was on this report that an inquiry or trial could be started. the police really acted under section 169, as it did not appear to them that there was sufficient evidence or .....
Tag this Judgment!Court : Kolkata
Decided on : Jul-20-1937
Reported in : AIR1938Cal51,173Ind.Cas.65
..... held as an assessor-trial, he would doubtless have been less fettered. in a jury trial, if the verdict is one of guilty, and the judge is of a different opinion, the judge cannot in fact act on his own opinion and acquit the prisoner straightway: he can only make a reference to the high court thereby exposing the prisoner to the trouble ..... their views separately is intended as a safeguard for the benefit of the accused in order that the appellate court may be in a position to judge how far the trial court was justified in acting in conformity with or contrary to such opinions. if therefore in a case triable with the aid of assessors, but actually tried by a jury, the ..... a jury for an offence which was triable with the aid of assessors; the jury found him not guilty; the sessions judge did not agree, and was about to refer the case to the high court under section 307 of act 10 of 1882 (similar to the present section 307), when it was brought to his notice that the case was triable .....
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 .....
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 : 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 : 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 : 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 .....
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