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 : Mumbai
Decided on : Feb-24-1937
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 .....
Tag this Judgment!Court : Mumbai
Decided on : Feb-24-1937
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 .....
Tag this Judgment!Court : Chennai
Decided on : Feb-11-1937
Reported in : AIR1938Mad215
..... and section 47 be read together, then if the decree-holder seeks to make the surety liable, it is open to the surety to raise objections to executability, and the inquiry of the court into the question raised between the decree-holder and the surety is one under section 47 and is therefore appeal able. section 145 in terms applies only ..... the c.r.p. against the order of the district munsif. the only question that has been argued in the appeal against appellate order is whether the learned judge was right in holding that no appeal lay. the security bond runs thus :so, is accordance with the said order, i have this day deposited (the amount) in this court ..... out of the said security amount. if the plaintiff's suit is dismissed, and if defendants 1 and 2 should properly render accounts till the disposal of the suit and act justly, i alone shall receive the said amount with interest after this security bond having been cancelled.2. it is argued on behalf of the respondent that the appellant was .....
Tag this Judgment!Court : Mumbai
Decided on : Feb-02-1937
Reported in : AIR1938Bom121; (1937)39BOMLR1287
..... is hereby confirmed as against defendant no. 1 and defendant no. 8. the suit against the other defendants will stand dismissed with costs. there will be an inquiry as to mesne profits as to the pangri property only from the date of the trial court's decree till delivery of possession or three years from the date ..... her reversionary interest in the properties in suit in favour of haribai. it comes within the mischief of section 6 of the transfer of property act and the cases relied on by the learned trial judge govern the case.12. mr. thakor tries to bring the case within the ambit of such cases as akkawa v. sayadkhm mithekhm and ..... not foreign courts is also apparently opposed to another privy council case, ananta padmanabhaswami v. official receiver of secunderabad . that was concerned with the court of the district judge at secunderabad. presumably that court is also a court established and continued by the authority of the governor general in council. mr. kane at any rate did not suggest .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-29-1937
Reported in : AIR1937Bom465; (1937)39BOMLR851
..... 8, 1872; but in order to construe that sanad it is necessary to know the circumstances which existed at the date when it was granted. the learned judge in the court below dealt with the history of the plaintiff's claim in much detail, and we have been referred to a large number of documents on ..... by the british government under the following conditions. those conditions are : the said persons in enjoyment and their heirs shall be obedient to the britisih government and act faithfully and honestly and shall go on paying to government permanently, every year amounts as mentioned below.then the amount of the agreed assessment is stated.13. now ..... regulation xvii of 1827 as to suppose that interference with actual possession is allowable.' it is, therefore, clear that government have never considered that under the inam act they were entitled to interfere with actual possession. all that they could deal with was the claim of certain persons to hold lands free from the ordinary obligation .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-22-1937
Reported in : (1937)39BOMLR713
..... that there is a genuine doubt about its correctness, they would remit, the matter to the high court in india, from which the appeal has been brought, for an inquiry into it, and direct it, if necessary, to have another translation made under the direction of the court and to transmit it to the registrar of the privy council.15 ..... followed by this board is to accept the translation as correct, if it was made by a translator appointed by a court in india and not challenged before the judges who had dealt with the case. it is obvious that their lordships are not in a position to say that such translation should be held to be incorrect. if ..... trial court, but also was included in the record printed for the court of appeal in india and apparently acted upon by that court. these circumstances, which create a reasonable doubt about the accuracy of the official translation, would justify an inquiry by the high court as to chandra which of the two translations should be accepted as correct. their .....
Tag this Judgment!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 : Allahabad
Decided on : Jan-07-1937
Reported in : AIR1937All305
..... therein; and therefore the authority conferred by it cannot be exercised when dealing with other cases. i am quite unable to hold that the learned sessions judge had any power to order inquiry under this section when he is hearing an appeal under section 476-b.4. we next come to ch. 31 of the code, as to the ..... me that, where the subordinate court has made a complaint under section 476, it cannot, on reconsideration, withdraw the complaint already made. it is only the superior court acting under section 476-b, that can order the withdrawal of the complaint. it follows that section 476-b does not contemplate a power of remand in the appellate court ..... wide discretion in the matter of summoning and examining witnesses at any stage of any enquiry, trial or any proceeding under the criminal p.c. where such superior court is acting as a civil court hearing an appeal, section 107, civil p.c. similarly confers power to take additional evidence. section 428, which occurs in ch. 31, criminal p .....
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