Court : Kolkata
Reported in : AIR1960Cal494
..... the observations in 68 ind app11 at page 31 : are in these terms :'it must be ancient; but it is not of the essence of this rule that its antiquity must in every case be carried back to a period beyond the memory of main -- still less, that it is ancient in the english technical sense. ..... but this decision lays down that english rule of legal memory is not applicable to determining the validity of a custom in india. ..... to validate a custom in order to have the force of law in india, the custom need not be of such long standing 'that the memory of man runneth not to the contrary'. ..... if the rule of legal memory does not apply to customary law in india, proof of the existence of custom for the last 50 years is enough to give it validity as customary law, even though it is proved or presumed that the law was otherwise previously. ..... in , the rule of legal memory evolved by the english courts has no application in india to determine the existence and validity of the custom. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1940Cal153
..... prom the very beginning therefore the main claim was against the corporation memories of the old act were doubtless responsible for the naming of the chairman as the defendant. ..... consequential relief in the shape of an injunction is also prayed for, but even if this be regarded as being against the chairman it is obvious that the main relief sought was against the corporation. .....
Tag this Judgment!Court : Kolkata
Reported in : 2006(3)CHN146
..... to be carried on with public offerings, that the thakur's ornaments and the utensils for bhog and other purposes were all supplied by the local hindus, that devotees used to place marble tablets in the temple in memory of their deceased relations and at the request of the local people, the municipality provided a light near the .....
Tag this Judgment!Court : Kolkata
Reported in : 2008(1)CHN685,2008CriLJ2005
..... the main object of holding an identification parade during investigation, is to test the memory of the witnesses based upon first impression and also to enable the prosecution to decide whether all or any of them could be cited as eye-witnesses of the crime. ..... the trial court mainly relied on the oral evidence of p.w. 1 to p.w. .....
Tag this Judgment!Court : Kolkata
Reported in : (1879)ILR4Cal648
..... the fact that this lower reservoir, which seems to have acquired the name of the chahul tal, was built mainly on the defendant's mouzah, leads irresistibly to the conclusion that it was constructed by, or with the consent of, the then owner of that mouzah; and it is evident from its situation, that its main, if not only, use was to store water for the convenient irrigation of the plaintiff's mouzahs. ..... then it is proved that the water has been used and enjoyed for irrigating these mouzahs from a time beyond living memory. .....
Tag this Judgment!Court : Kolkata
Reported in : (1893)ILR20Cal116
..... the executant then goes on to say--i now think it advisable to lay down, according to our mahomedan shara, certain rules in respect of the properties mentioned in the schedule given below, whereby my name and memory may be perpetuated for ever, my sons and daughters and their descendants may be decently maintained out of the income of those properties, and the properties may not suffer in consequence of disputes among my sons and ..... have discussed the question connected with the mahomedan law to be administered by our courts relating to wakf, because considerable argument has been addressed to us on this point, but, as i have already stated, on the main questions the appeals must fail, since on the findings of the district judge, no second appeal lies, and it becomes unnecessary, in my opinion, to answer the question referred to us.253 ..... person may make an endowment settling land on himself, and enjoying the profits during his lifetime, and after his lifetime, devoting the profits to the support of the poor, the main object of the mahomedan law being that the profits of the land endowed should be endowed for a purpose which always remains in existence ..... person may make an endowment settling lands of himself and enjoying the profits during his lifetime, and after his lifetime devoting the profits to the support of the poor,' and mark these words 'the main object of the mahomedan law being that the profits of the land endowed should be endowed for a purpose which always remains in existence .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1957Cal11
..... in memory of their deceased relations and they used to do this upon the belief that the kalibari was a public temple and, for this, no permission had ever to be taken from the defendant; and (k) that the defendant ..... hindus and articles of food for the daily sheba puja were also sent and supplied by a local hindu zemindary estate; (i) that, at the request of the local people, the municipality provided a light near the main gate of the temple and the kalibari in question is known by repute as the goari siddehswari kalibari which suggests a public character; and (j) that devotees used to place marble tablets in the temple ..... special mention may, however, be made of the admitted fact that the defendant was subjected to ignominy by the local people who had his head shaved by a barbar and had him paraded along the main thoroughfare with a rope round his neck. ..... the main point which was urged in support of the appeal being thus answered against the appellant, we take up now the other question which relates to the defendant's removal on the ground of his moral turpitude and unfitness. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1960Cal752
..... contract. but as a different construction is also possible i am inclined to take the view that in the case before us the primary intention of the parties appears to have been that the main terms which were being agreed upon would be put into proper shape in all their details by the execution of a formal agreement for sale, but such, formal agreement was not made a condition ..... principal question in controversy in this appeal is whether a concluded contract was entered into between the parties of which specificperformance could be decreed by this court, and the decision of the appeal depends mainly on the construction of the correspondence that passed between the parties and upon the proper assessment of the oral evidence adduced by the solicitors of the parties. 56 ..... intention. if the written draft is viewed by the parties merely as a convenient memorial or record of their previous contract, its absence does not affect the binding force of the contract, if however it is viewed as the con-summation of the negotiations, there is no contract until the written draft ..... . on behalf of the respondent, three main points have been urged in support of ..... kumar sen about the telephonic conversation supported by a reasonably contemporaneous affidavit made within two months from the date of the conversation than on the memory of mr ..... such a state of facts i would much rather rely on the memory of mr ..... for sale spoken of in the correspondence between solicitors are ancillary and are not fundamental to the main contract to sell .....
Tag this Judgment!Court : Kolkata
Reported in : 1995CriLJ3363
..... at the time of the hearing of the appeal the learned advocate for the appellant has addressed this court mainly on the ground that the prosecution side has signally failed to prove the place of occurrence and that the depositions of the main prosecution witnesses suffer from irreconcilable contradictions and further that the chain of circumstantial evidence renders the prosecution story highly vulnerable. ..... it is surprising that though she remembers her detention in hospital for a few days she has got no memory of the traumatic experience she had at that time. ..... we have also got it that cow-shed of the appellant is about 300 metres away from main road according to the i.o. (pw. 23). ..... naturally the main question with which this court is concerned in this appeal is whether it has been proved beyond all shades of doubts by cogent and reasonable evidence that the accused appellant perpetrated the offence. ..... 1, the main witness on the prosecution side. ..... the main prosecution witness pw. ..... the main prosecution witnesses are dhuran (pw. ..... his main contention is that he is innocent and he has been falsely implicated in this case and he has been illegally found guilty of the offences under section 376(2)(b) and section 363 of the ipc. .....
Tag this Judgment!Court : Kolkata
Reported in : 44Ind.Cas.930
..... the real guilt of publication was mainly that of the author who sent them to the editor in order that they might be published. ..... i believe that its freedom is one of the main bulwarks of the rights of the people. ..... (i quote from memory of what he said at the time).69. .....
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