Court : Kolkata
Reported in : AIR1973Cal233,76CWN411
..... revision petitions were the subject of the inquiry by the commission of inquiry, but that would not attract liability for contempt of court. in : [1968]3scr789 (supra), the appellant had challenged a notification issued under section 3 of the commissions of inquiry act, appointing a commission of inquiry to inquire into certain allegations against persons ..... this special committee was appointed at a time when a revision petition was pending before the high court against the order of a sessions judge, directing further inquiry into certain charges. on facts, it was held that there was no intention to interfere with the course of justice and no comment was ..... therefore, in exercise of the power conferred by section 3 of the commissions of enquiry act, 1952 (act 60 of 1952), the governor is pleased hereby to appoint a commission of enquiry consisting of shri tarapada mukhujee, retired judge of the calcutta high court, to enquire into the aforesaid matter with reference to the following .....
Tag this Judgment!Court : Kolkata
Reported in : 44Ind.Cas.930
..... custom, with a shout of insult and derision.at the voice of mr. justice dwarkanath mitter down goes my reputation; on the dictum of the district judge away goes my money; both judges acting on grounds diametrically opposed to each other.'what was meant by the words 'shouts of insult and derision' with reference to ali's sword, except that ..... necessary to show that any part of the misrepresentation was wilful, for, whether it was so or not, you are responsible for it. you knew that the learned judge could act only upon the facts as they appeared before him at the time, and that according to those facts there was no ground of complaint. it is no justification or ..... on the evidence in the cause. i have frequently found in cases in which execution is stayed until the decree-holder gives security, that great delay is caused by inquiries into the sufficiency of the security, to which the debtor or his agent objects merely for the purpose of delaying the execution. whether this was the case in the .....
Tag this Judgment!Court : Kolkata
Reported in : 45Ind.Cas.113
..... court as well as defamation, although it cannot be said that in every case a demonstration got up in order to obtain an expression of public opinion concerning the acts of a judge would bo a contempt, [p. 125, col. 1.]2. if anonymous letters are sent to the press containing false statements), the press is responsible for them if the name ..... do not care for the grievances of mr. tayler, but who will not brook an encroachment upon their right of appeal to the press concerning the public acts of public men. a judge's acts are no more exempt from public criticism than those of a chairman of the justices' were merely to be read as introductory to and explanatory of the other ..... b. and section 671 : 38 l.j.j. b 34 : 19 l.t. 109 : 17 w.b. 169 already cited by mr. kennedy.148. in modern days judges do not go on the acts of their predecessors, they do not deliver judgments in such and such a manner, because others have been of a similar character (here mr. paul cited several cases .....
Tag this Judgment!Court : Kolkata
Reported in : (1877)ILR2Cal1
..... affirmed by this court, and say their cause of action arose when he recovered actual possession of the estate. it is really therefore at the present stage of the inquiry rather a question whether the plaintiffs disclose a cause of action than whether the suit is barred by the statute of limitation. i have already said that i am ..... based upon the position of this court when hearing a special appeal, at which stage all consideration of the facts is excluded; and they point out that the learned judges, whose judgment was under appeal, after all the evidence had been taken and the facts conclusively found, had decided the case upon an assumed state of facts contrary ..... sufficient answer. further, as i have already observed before, it is a question which would require serious consideration in this case, whether the provisions of section 29 of act i of 1845 would not enure to the benefit of the plaintiffs. although it has been declared by a competent court that the revenue sale of the zemindari in .....
Tag this Judgment!Court : Kolkata
Reported in : (1877)ILR2Cal222
..... a perfect right to say that the decree in the former is not a bar to this suit, until there had been some inquiry as to how it was obtained. and the defendant refusing to come in to give his evidence upon that point, the court would ..... summoned, did not choose to appear in court, he gave the plaintiff a decree under section 170 of the civil procedure code.4. the district judge entirely concurs with the munsif in thinking that this is a proper case to be dealt with under that section; but thinks that section ..... legal right which the plaintiff sets up in this case is wholly barred by the decision in the former suit. but the district judge seems to have overlooked this,--that there was in the present case not an absolute bar such as there would have been, if ..... be justified in dealing with the case under section 170 of act viii of 1859. we may assume for the purposes of this judgment that the decree in the former suit would have been a .....
Tag this Judgment!Court : Kolkata
Reported in : (1878)ILR3Cal64
..... it does not exercise in any other dependency of the british crown. the indian budget is annually laid before parliament. indian questions are frequently there debated on; and inquiries are constantly being there made by committees and otherwise into the conduct of affairs by the government of this country. now, the reasons why courts of law cannot ..... sanctioned their extension. but i may observe generally as to the provisions which these and many other acts contain for the making of rules by the executive government in conformity with the act, that we have the very high authority of the judges who decided the case of biddle v. tariney ghnrn banerjee 1 tay. & boll 390; see p ..... other cases where the subject of legislation is not one of every-day experience. if the information thus obtained were not found to be sufficient, special inquiries would then be directed. whether in the particular case under consideration parliament did really arrive at a knowledge of the particular provisions in these .....
Tag this Judgment!Court : Kolkata
Reported in : (1877)ILR2Cal439
..... the court with a view to see if there was any legal necessity for the transaction, or if it had reference to family purposes, and that the result of that inquiry formed the main ingredient of the decisions arrived at.7. the liability of a son for the debts of his deceased father under hindu law appears to me to be ..... and the motives influencing his immediate loan.'8. taking these to be the principles of law applicable to the decision of this suit, i am of opinion, that the officiating judge was wrong in holding that it lay upon the special respondents to prove that the loan was contracted by the father for immoral purposes, and that on their failing to ..... the evidence that it was necessary for the father to raise money to get rid of the execution which had issued upon the decree obtained upon this unimpeached bond; that acting under that necessity the father executed the deed of sale in question; and that the purchase-money arising from the sale 'had been paid into the bankers of the father .....
Tag this Judgment!Court : Kolkata
Reported in : (1877)ILR2Cal405
..... taken up by him on suspi-transfer of cases to sub- cion, or brought before him on complaint, or on report by theordinate magistrate. police, for inquiry or trial to any magistrate subordinate to him to be dealt with to the extent of the powers with which thesubordinate magistrate may have been invested under the provisions ..... first, because the evidence is not sufficient in jaw; secondly, because the magistrate, being a witness for the prosecution, is not competent to try it as the sole judge of law and fact; thirdly, because, having discharged the accused, under section 215 of the code of criminal procedure, the magistrate was not competent to revive the proceedings ..... hereinbefore contained.the magistrate making the reference may, if the case was brought forward on complaint, before such reference, examine the complainant as prescribed in this act; but if he does not do so, the magistrate, to whom the ease is referred shall proceed as if the complaint had been made to him.the .....
Tag this Judgment!Court : Kolkata
Reported in : (1878)ILR3Cal20
..... law : and a division court is, by section 13 of 24 and 25 vict. c. 104, the act establishing the high courts, to consist of two or more judges. here the cases in which there was a conflict of opinion were decisions by one judge sitting alone, it ought, properly speaking, not to have been the subject of reference to a full bench ..... richard garth, c.j.1. as this question has arisen from a conflict of opinion between individual judges, reporter's note--the rule as at reference to a full bench, passed in july, 1867, provides for reference to a full bench only where on division court differs from .....
Tag this Judgment!Court : Kolkata
Reported in : (1878)ILR3Cal30
..... 33. thus, suppose that in a suit by a landlord against a tenant for enhanced rent, the munsif gives the plaintiff a decree. the case is appealed to the subordinate judge, who reverses the munsif's judgment. meanwhile a second decree has been obtained before the munsif for the enhanced rent, and the tenant has paid the amount. the tenant, under ..... bahadur v. sharoda purshad mookerjee 18 w.r. 431.7. the question of limitation is not raised in the order of reference. but i incline to agree with the subordinate judge (and substantially for the reasons given by him) in thinking that the suit is not barred.8. the circumstances of this case are peculiar, and it is impossible in ..... appeal against the decree by which the rent was enhanced. that decree (although in a suit instituted in 1859 before act x came into force) was made by the principal sudder ameen on the 29th of juno, 1803. appeals to the judge of the district and to this court were decided on the 18th of june, 1864, and the 6th of february .....
Tag this Judgment!