Court : Mumbai
Reported in : (1918)20BOMLR421
..... execution must be one authorized by the code of civil procedure expressly, in order to make the application accord with the law, it is plain that an application to execute by transference to a native state court would not be in accordance with law, and it would be needless to go further, and see whether it might be brought within the contemplation and implicit intention of the words 'step-in-aid ..... if it can be shown, as it very easily can, that, while, unfortunately perhaps, our courts are not expressly empowered to invoke the co-operation of native state courts, in the execution of their decrees, they impliedly aro, then recourse to that mode of vicarious execution might very reasonably be held to be a 'step-in-aid' of execution, oven if, on the ..... such arrangements imply, because else they would never be made, that in the judgment of the government of india the court or courts of native states, with which this degree of reciprocity is established, can be trusted to have attained a level of regularized civil administration, which entitles them to ..... when, then, as the result of agreement between the british government and the government of any native state, we find, as we do in this case, that our courts are informed that the courts of the sangli state will execute their decrees, and our courts are directed to, execute the decrees of the courts of the sangli state, can it be seriously contended that an application by a decree-holder, whose debtor has little or no property outside .....
Tag this Judgment!Court : Allahabad
Reported in : (1880)ILR2All237
..... ruling the two forms of the definition as given in the act were referred to as showing that places such as cyprus were clearly within the meaning of the first part of the definition, and which states that 'native state' means, 'in reference to native indian subjects of her majesty, all places without and beyond the indian territories under the dominions of her majesty,' and this arguendo was contrasted with the other part of the definition, which ..... queen's government, and it is governed, and in all respects fully administered, by english officials, and it would be hopeless to discover this state of things as in any way contemplated by act xi of 1872, or to maintain that cyprus under such conditions was within the meaning and intent of that act a 'native state,' for so far from being a place in the sense of a 'native state' without and beyond the dominion of her majesty, it is directly administered by her officers, and is under her majesty's dominion and ..... the indian territories under the dominion of her majesty,' and by section 9 'all british subjects, european or native, in british india, may be dealt with in respect of offences committed by them in any native state as if such offences had been committed in any place within british india in which any such subject may be or may be found,' and 'native state' is defined in section 3 to mean, 'in reference to native indian subjects of her majesty, all places without and beyond the indian territories under the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1953SC394; 1954CriLJ1480; [1953]4SCR1188
..... fairly clearly from certain instructive passages at pages 422 and 423 of ilbert and is correlative to the actual exercise of british jurisdiction within those states as appears from the following passages :- 'in point of fact the jurisdiction of the governor general in council within the territories of native states is exercised - (a) over european british subjects in all cases; (b) over native indian subjects in certain cases; (c) over all classes of persons, british or foreign, within certain areas. 26. ..... the government of india does not claim similar exclusive jurisdiction over native indian subjects of his majesty when within native states, but doubtless would assert jurisdiction over such persons in cases where it thought ..... it must therefore be held that the rulers of the native states had prior to 1947, the authority to pass extra-territorial laws relating to offences committed by their own subjects and vesting in their own courts the power to try them, except where the contrary is made out by evidence in the case of any individual state, and that so far at least as rewa state is concerned, the contrary cannot be hold to have ..... india does not, except within specified areas, or under special circumstances, such as during the minority of a native prince, take over or interfere with the jurisdiction of the courts of a native state in cases affecting only the subjects of that state, but leaves such cases to be deals with by the native courts in accordances with native laws.' 28. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1950Ori67
..... , by which the governor-general of india wag empowered to exercise jurisdiction over foreign territories outside british india such as those of native states and the like, the orisea government derives its power to exercise authority and jurisdiction in relation to the governance of the territories of the concerned states, in exercise of auch power, the oriasa government has extended to the said territory the application of aeveral acts (orissa) ..... . 358 he says :'the jurisdiction which the governor-general in council exercises through his delegates the political agents, is the native states, of foreign jurisdiction ; a portion of the full attributes of sovereignty or jurisdiction which, as was shown in ..... . in this connexion, i will rely upon the historical facts collected in lee warner'a book on native states of india, the author defines a 'native state' as'a political community, occupying a territory in india of defined boundaries, and subject to a common and responsible ruler who has actually enjoyed and exercised as belonging to him in hia owa right ..... . thus he can make treaties and conventions with the rulers, not only of native states within the boundaries of what is usually treated as india but also of adjoining states which are commonly treated as extra indian, bach as, afganisthan and nepal, and can acquire and exercise within the territories of such states powers of legislation and jurisdiction similar to those which are exercised by the crown in foreign countries .....
Tag this Judgment!Court : Mumbai
Reported in : (1929)31BOMLR62
..... such a proposition may lead to an anomalous position in the case of native states where as under the french law marriage of an alien to a husband who is a subject of a native state does not confer the husband's nationality upon the wife. ..... no doubt for purposes of english law natives of native states in india which do not form part of british india are not british subjects. ..... the fourth ground was that the resident in a native state could not be regarded as a political agent within the meaning of the act ..... no doubt by adopting the domicile of a native state the applicant would from the very feet of her residence within the territorial jurisdiction of the native prince owe a certain allegiance to him, but that allegiance cannot, in my judgment, in the absence of any statutory provision in british india to the contrary, be said to oust the allegiance which she owes to the sovereign whose subject ..... the sovereign or semi-sovereign powers of a native state are confined strictly to its own territory. ..... natives of the native states of india, which do not form part of british india, are not british subjects for the purposes of english law ..... in the absence of a special enactment or usage to the contrary, it would not be reasonable to hold that a european british subject by her marriage to a subject of a native state becomes the subject of that state. ..... the status of a woman married to a subject of a native state would be governed by the same considerations which apply to independent sovereign states. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1918Mad580; 42Ind.Cas.294; (1917)33MLJ130
..... code of civil procedure to which i have referred that the policy of the indian legislature has been to leave such decrees to be executed in the courts of native states pursuant to the legislative authority of such states, but not to provide, as they have in section 45 as regards certain other courts in native states, for the transfer to them of the decrees of our courts for execution so as to make them the executing court as regards such decrees for all purposes ..... the inference seems irresistible that courts in british india are not authorised to send or transfer their decrees for execution to courts in native states in the same way as to courts to which they are authorized to send them by the code, the omission is the more remarkable with regard to courts in native states not established or continued by the authority of the governor general in council, because section 44 provides for the issue of notifications declaring ..... it also appears that the decrees of our courts have been executed by the travancore courts and the courts of other native states for many years, and it would be very unfortunate if we were obliged to hold that there was any legal impediment in the way of the ..... coming now to the powers conferred on the travancore courts and other courts in native states by their own legislative authorities to execute the decrees of courts in british india, such execution might be authorised upon production by the decree-holder of a certified copy of the decree and an affidavit of .....
Tag this Judgment!Court : Mumbai
Reported in : (1888)ILR12Bom507
..... and it is worth noting that a recent act of the government of india (act vii of 1888) gives to judgments of native states of india some of the force, though not all the force, accorded to foreign judgments generally by the code of civil procedure ..... this is a preliminary issue of great importance it raises the question whether subjects of the native states 6 india resident out of the jurisdiction but with a branch business in bombay, are liable to be sued in this high court when the cause ..... doctrine of constructive residence was not intended to have legislative sanction in the high courts, moreover, none of those older cases extended that principle, in terms, to residence in native states, which obviously stand on a different footing as regards the execution of decrees.12. ..... india have no jurisdiction over foreign criminals in cases where the offence has been committed by a foreigner in a foreign state, such as the native state of kolhapur, has been distinctly settled-reg. v. ..... the native states are foreign territory beyond our jurisdiction, and the inhabitants of native states, such as cutch, ..... native states of india are foreigners in the sense required here, just as much as say the natives ..... in the interpretation to be put upon clause 12 of the letters patent, and i merely notice it to show that the framer of the letters patent of 1862 stated he had no intention of extending, or of even continuing, the old supreme court jurisdiction by way of constructive inhabitancy or residence.9. .....
Tag this Judgment!Court : Allahabad
Reported in : (1920)ILR42All89
..... a committee was constituted of some members of the native state concerned and some members of the executive authorities in british india, and it was mutually agreed for convenience that british indian police might arrest persons found gambling in the native state and try them in british india, if they were british indian subjects, and send them to the native states, if they were subjects thereof, and vice versa, the native state police could arrest persons found gambling in british ..... objection was ' taken at the hearing of the case that gambling was not shown to be an offence in the native state in question, and, secondly, that the requirements of the proviso to section 188 of the code of criminal procedure had not been satisfied. ..... even if the applicants could be convicted of an offence of gambling in the native state in question, they cannot be proceeded against in the absence of the certificate or the sanction set out in the proviso to section 188 of the code of criminal procedure. ..... 20 and in default to three weeks' rigorous imprisonment for offences under section 13 of act iii of 1867, alleged to have been committed in kamptee, which is a native state. ..... that proviso sets out that ' when a native indian subject of his majesty commits an offence in the territories of any native prince or chief in india, he may be dealt with in respect of such offence as if it had been committed at any place within british india at which he may be found. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1919All44; 52Ind.Cas.668
..... a committee was constituted of some members of the native state concerned and some members of the executive authorities in british india and it was mutually agreed for convenience that british india police might arrest persons found gambling in the native state and try them in british india if they are british india subjects and send them to the native state if they are subjects thereof, and rice versa the native state police could arrest per-sins found gambling ..... objection was taken at the hearing of the case that gambling was not shown to be an offence in the native state in question, and secondly, that the requirements of the proviso to section 188 of the code of criminal procedure had not been satisfied. ..... even if the applicants could be convicted of an offence of rambling in the native state in question, they cannot be proceeded against in the absence of the certificate or the sanction set out in the proviso to section 188 of the code of criminal procedure. ..... 20 and in default to three weeks' rigorous imprisonment for offences under section 13 of act iii of 1867, alleged to have been committed in kampta, which is a native state. ..... subject of his majesty commits an offence in the territories of any native prince or chief in india, he may be dealt with in respect of such offence an if it had been committed at any place within british india at which he may be found provided that no charge as to any such offence shall be enquired into in british .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1991SC218; [1991]187ITR182(SC); JT1990(4)SC290; 1990(2)SCALE859; 1992Supp(1)SCC50; [1990]Supp2SCR293
..... in the assessment for 1944-45, it had been held that, for the sales effected in the native states, 1/3rd of the profit was, in terms of section 42(3) of the act, deemed to have accrued ..... the tribunal stated-.the assessment of profits brought into british india from a native state under section 14(2)(c) is on a distinct and separate footing from the assessment of native states profits which are deemed to have accrued ..... funds but only one fund composed of taxed and non-taxed amounts and as one third of the entire amount of profits made by the assessee in the indian states had been subjected to tax the income-tax authorities took a reasonable view in excluding one third of the (sic)remitance to british india from taxation in each year. ..... stated:.it appears to us that the common sense point of view would be that the remittances to british india include both the assessed as well as the exempt profits in the same proportion in which those existed in the native state ..... the correct view would be to apportion the remittances over the assessed and the exempt parts in the same proportion as these existed in the total profits made in the native state. ..... in british india, the assessee was assessed under section 14(2)(c) of the act in respect of certain sums remitted to british india from the native states.2. ..... attributed to the manufacturing part of the business carried out in british india, although the sales were effected in the native states. ..... sold in british india as well as in the native states. .....
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