Court : Mumbai
Reported in : 122Ind.Cas.133
..... speaking for myself, if a suit between a mortgagor and mortgagee singly is not a suit for land within the meaning of clause 12 of the letters patent, it is difficult to see why a suit between a mortgagor and different mortgagees not separately but all together, should thereby become a suit for land. ..... where it was held that a suit on a mortgage by a mortgagee, whether prior or puisne, is not primarily a suit for land under clause 12 of the looters patent, but is a suit for the recovery of a debt secured on land, which is only subject to sale for default of payment. ..... myself, for the reasons stated above, there appears no difficulty in giving effect both to order xxxiv, rule j, and to clause 12 of the letters patent, as interpreted by the full bench decision in hatimbhai hassanally v. ..... the interpretation of clause 12 of the letters patent must not be such as to contravene but, as far as possible, should be consistent with order xxxiv, rule ..... it was held by the master of the rolls that the dispute must be governed by prussian law and decided by prussian courts and not according to english law by the courts of chancery which might thereby also pass a decree not executable by the english ..... therefore, is that the plaintiff ought to have obtained leave under cl 12 of the letters patent to sue defendants nos. ..... clearly pointed out, was a suit for declaration of title to land outside the jurisdiction, and it was, therefore, held to be a suit for land and outside ch 12 of the letters patent. .....
Tag this Judgment!Court : Chennai
Reported in : (1928)55MLJ551
..... of a high court under the provisions of the act.section 8 runs as follows:(1) no person shall be entitled as of right to practise in any high court unless his name is entered in the roll of the advocates of the high court maintained under this act:provided that nothing in this sub-section shall apply to any attorney of the high court.then follow the provisions as to the persons who are to ..... if the bar councils act should apply, section 19(4) saves all rules in force which are not inconsistent with the act, and that the rules framed by the high court under the letters patent which confine the advocates to plead only in the insolvency court are not inconsistent with the act and cannot, therefore, be said to be impliedly repealed.4. ..... the supreme court charter was repealed by the letters patent which, as i pointed out before, empowers the high court to frame rules, and the high court as the successor of the supreme court and the possessor of the powers conferred on it by the letters patent was in my opinion competent to enrol advocates who could act as well as ..... having regard to the provisions of the charter act and the letters patent which i have already referred to, it seems to me that the high court had power to frame rules allowing advocates to act in the insolvency jurisdiction, though it did not do ..... 21) which curtails the power of the high court conferred on it by the charter act and the letters patent to entitle advocates to act as well as to plead in the insolvent court.17. .....
Tag this Judgment!Court : Chennai
Reported in : 113Ind.Cas.876
..... bar councils act should apply section 19 (4) saves all rules in force which are not inconsistent with the act and that the rules framed by the high court under the letters patent which confine the advocates to plead only in the insolvency court are not inconsistent with the act and cannot, therefore, be said to be impliedly repealed.5. ..... runs as follows: '(1) no person shall be entitled as of right to practise in any high court, unless his name is entered in the roll of the advocates of the high court maintained under this act.provided that nothing in this sub-section shall apply to any attorney of the high court ..... the supreme court charter was repealed by the letters patent which, as i pointed out before, empowered the high court to frame rule and the high court as the successor of the supreme court and the possessor of the powers conferred on it by the letters patent was, in my opinion, competent to enrol advocates who could act as well ..... having regard to the provisions of the charter act and the letters patent, which i have already referred to, it seems to me that the high court had power to frame rules allowing advocates to act in the insolvency jurisdiction though it did ..... the bar councils act defines an advocate as meaning an advocate entered in the roll of advocates of a high court under the provisions of the act.31. ..... the power of the high court conferred on it by the charter act and the letters patent to entitle advocates to act as well as to plead in the insolvent court.21. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1928All439
..... (2) of the act, which actually came into force by virtue of its own provisions at the same time as section 8, though it is declared by section 1, sub-section (2) that it should come into force at once, the provisions of the letters patent in so far as they may conflict with the provisions of the act were abrogated and the new procedure detailed in section 10 of act 38 of 1926 came into force.4. ..... by that notification, then, section 8 came into force as and from 1st june 1928, and the roll required by section 8, sub-section (2) was prepared and persons entered on that roll whatever may have been their status before, became advocates of the court by virtue of section 2, clause (a). ..... the court apart from another objection that has been taken, would have had power to deal with madho prasad khanna under section 8, letters patent.3. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1928Cal675
..... we find there that, instead of the prohibition against vakils appearing in appeals from the original side being expressly confined to civil cases only as had been the practice ever since the letters patent of 1862, the following words are employed:vakils shall not appear, plead or act for any suitor in this court in any matter on the original side or in any matter of appeal from ..... judicature at fort william in bengal from the judgment in all cases of original civil jurisdiction of one or more judges of the said high courtand so on : so that there was no letters patent right of appeal in 1862 except in a civil case that, however, was altered by the terms used clause 15 of 1865 and the terms used by that clause were these that,an appeal shall lie to the ..... the reason for that is manifest because if one goes to the clause which corresponds to clause 15 of the present letters patent one finds that that is clause 14 of 1862 and clause 14 of 18s2 was in these terms:and we do further ordain that an appeal shall lie to the said high court of ..... 8 and 9 were rolled into one and a certain change was made because no longer were the advocates or vakils or attorneys authorized to do something by the letters patent subject to a power in the high court to restrict the authority, but the terms of the letters patent of 1865 gave to the high court a power to give such authority to each branch of the profession as it would think fit to do; and clause 9, letters patent of 1865 went on .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1928Bom5; (1927)29BOMLR1551
..... justice coyajee referred to, i may mention section 130 which provides that the repeal was not to affect 'the validity of any law, charter, letters patent,...rule...order, regulation,...under any enactment hereby repealed and in force at the commencement of this act. ..... the answer was; 'it was lost over-board in unloading through an accident due to the ship rolling, and we are not liable under the terms of our contract contained in the bill of lading.'2. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1927Cal768
..... the defendants chaganlal and sohanlal contend that in tho3e circumstances this court has no jurisdiction to try the issues that arise, upon two grounds (i) : that the suit is a 'suit for land' within clause 12, letters patent (1865); (ii) that at the commencement of the suit all the defendants did not dwell, carry on business, or personally work for 'gain' within the local limits of the ordinary 'original ,civil jurisdiction' of the ..... thus construed, the restriction upon the local jurisdiction of the indian courts effected under clause 12, letters patent, conforms to the rule that is observed ex comitate by other civilized countries, and is in consonance with what i conceive to be the better opinion of ..... .21. in considering whether the present, suit is a suit for land within clause 12, letters patent, i have endeavoured to bear in mind the doctrine enunciated in the authorities to which i have referred, and, as i apprehend the matter, the construction that i have placed upon the term 'suits for land or other immovable property' in clause 12, letters patent, conforms alike to the principle underlying the decisions of the courts and to the rule of international ..... in my opinion the terms 'suits for land or other immovable property' in clause 12, letters patent, means suits in which, having regard to the issues raised in the pleadings, the decree or order will affect directly the proprietary or possessory title to land or other immovable property : delhi ..... master of the rolls, said : ' .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1927Bom537; (1927)29BOMLR1066
..... are frequently obliged to resort for assistance in the conduct and management of their affairs, and in whom they are in the habit of reposing unbounded confidence; and looking to the fact that in restoring this person to the roll we should be sanctioning the conclusion that he is in our judgment a fit and proper person to be so trusted; i think we ought not to do so, except upon some solid and substantial grounds. ..... having regard to the gravity of those charges, the only question which remains is whether under clause 10 of the letters patent he should be removed merely or suspended from practice. ..... 350 a solicitor had been struck off the rolls for fraudulently misappropriating money entrusted to him by a client for investment. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1927Bom278; (1927)29BOMLR498
..... the appellant's case any further; for, even assuming that the words 'suits for land' in section 5 of the civil procedure code of 1859 and clause 12 of the letters patent were originally intended to apply to the same class of suits, the fact that section 5 has been amplified into section 16 of the civil procedure code of 1908 without any corresponding ..... origin or in which the defendant resides or carries on business;...from the language here used it would appear to have been the intention of the secretary of state that the letters patent framed under his supervision should confer jurisdiction on the high court in all cases irrespective of their being suits for land or not when 'the defendant resides or carries on business' ..... that of the mofussil courts, (3) the code of 1859, especially section 33 of that act and the similar section 3 of act xxiii of 1861, (4) the secretary of state's despatch about the letters patent, (5) the amendment of section 382 of act viii of 1859 in 1870, and (6) the subsequent codes of civil procedure of 1877, 1882 and 1908, all go in one and the same direction as ..... as the most important consideration; and i therefore propose to give in some detail the history leading up to the enactment of the code of 1859 and the issue of the letters patent of 1862, i scarcely need cite specific authority for doing this; but as instances where the privy council has examined the course of legislation and the history of the matter in order ..... :-'on the parliament roll there is no .....
Tag this Judgment!Court : Mumbai
Reported in : (1926)28BOMLR1334; 95Ind.Cas.556
..... . moreover, whilst the ecclesiastical jurisdiction of the high court, except its testamentary and intestate jurisdiction and in matrimonial cases, has been swept away by the amended letters patent, if we were to adopt the principles on which the ecclesiastical courts in england could be moved in cases of slander of women, the only relief which could be afforded would be such as the ecclesiastical courts in england afforded, and ..... case had been heard by the supreme court of bombay immediately before the letters patent of 1862, i think the probabilities are that this suit would have been held to be maintainable without proof of special damage in this connection it will be borna in mind that whereas the indian penal code was passed in l860 the original letters patent establishing the high court were not issued until 1862 ..... . 104 established high courts of judicature in india, and the letters patent, dated june 26, 1862, issued under the authority of that act, constituted the high court at bombay and provided that the law or equity to be administered by it in its ordinary original civil ..... effect of sections 106 and 130 of that act, clause 19 of the amended letters patent of 1865, clause 18 of the original letters patent of 1862, and sections 8, 9 and 11 of the indian high courts act, 1861, we have to apply to this case the law which would have been 'applied by the supreme court at bombay to such case if these letters patent had not issued. ..... the master of the rolls (better known as lord .....
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