Court : Mumbai
Reported in : AIR1924Bom390; (1924)26BOMLR395
..... the head note runs as follows:an order passed by a single judge refusing to excuse the delay for an appeal presented beyond the time allowed by law is a judgment within the meaning of clause 15 of the amended betters patent; and an appeal lies from the order under the clause. 5. ..... that a decision by the judge appointed to dispose of matters relating to appeals to her late majesty in council, refusing to transmit for execution her order restoring a decree, was a judgment within the meaning of clause 15 of the letters patent, and way appealable to the high court. ..... this is an appeal under clause 15 of the letters patent from the decision of the division court on november 23, 1921, refusing to excuse the delay of the applicants in the presentation of their petition for a certificate of appeal to the privy ..... consequently under clause 36 of the letters patent the opinion of the senior judge prevailed, and the application ..... accordingly under clause 36 of the letters patent the opinion of the senior judge prevailed, which was to the effect that the delay should not ..... clause 15 of the letters patent expressly provides for a further appeal where the judges of a division court are divided in ..... now this letters patent appeal was filed on january 28, 1922, and the delay of over two years which has ensued in bringing the appeal to a hearing is serious and, so far as i am aware, ..... master of the rolls said (p. ..... in letters patent appeals we find the mode adopted is that the opinion of the senior judge is .....
Tag this Judgment!Court : Mumbai
Reported in : (1923)ILR46Bom903
..... i have already observed the position is not the same now and we have to consider whether it is necessary now to adopt the extreme measure of striking him off the roll or whether a more lenient order will not meet the ends of justice and the exigencies of the situation.19. ..... 49 that in an inquiry into the conduct of a practitioner under the letters patent the propriety of a conviction and sentence could not be questioned though the facts of the case might be considered to see whether the culpability of the individual concerned was such as to disqualify him for ..... the court would not as a matter of course strike a man off the rolls because he has been convicted, but will examine the case to see in what manner its discretion should ..... in this case we might strike off the name from the rolls and leave it to the practitioner to qualify himself again for admission by applying to his inn ..... no steps were taken at the time to remove a's name from the roll of advocates of this court, and after a lapse of some years he commenced practice as an advocate ..... and under the letters patent we can interfere with that status by removing or suspending him only for sufficient ..... case the learned advocate-general has applied to us to exercise our disciplinary powers under the letters patent and to remove the name of mr. ..... i think it has, by the letters patent, a discretion vested in it, and it must in every case exercise that discretion itself, giving of course due weight to the views of the benchers of a man's inn .....
Tag this Judgment!Court : Chennai
Reported in : AIR1924Mad265; 76Ind.Cas.873; (1923)45MLJ639
..... but as i have already observed the position is not the same now and we have to consider whether it is necessary now to adopt the extreme measure of striking him off the roll or whether a more lenient order will not meet the ends of justice and the exigencies of the situation.17. ..... but on being enrolled here in 1913 we must hold that he obtained the status of an advocate here; and under the letters patent we can interfere with that status by removing or suspending him only for sufficient cause shown. ..... 49 : that in an enquiry into the conduct of a practitioner under the letters patent the propriety of a conviction and sentence could not be questioned though the facts of the case might be considered to see whether the culpability of the individual concerned was such as to disqualify him for his profession ..... ' the court would not as a matter of course strike a man off the rolls because he has been convicted but will examine the case to see in what manner its discretion should be ..... in this case we might strike off the name from the rolls and leave it to the practitioner to qualify himself again for admission by applying to his inn for ..... this case the learned advocate general has applied to us to exercise our disciplinary powers under the letters patent and to remove the name of mr. m.a. ..... i think it has, by the letters patent a discretion vested in it, and it must in every case exercise that discretion itself, giving of course due weight to the views of the benchers of a man's inn in england .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1924Cal913,83Ind.Cas.446
..... , and it was only during the first half of the nineteenth century that surveys of different types (khasra, thakbust and revenue) were systematically carried out, with a view to define every estate on the collector's rent roll and to determine the relation of land to jama or revenue by the ascertainment of the areas and boundaries of estates or mehals. ..... the impossibility of the attempt becomes patent when the terms of section 24 are closely scrutinised. .....
Tag this Judgment!Court : Mumbai
Reported in : (1923)25BOMLR908
..... this decision clearly establishes that the decision and an order made by the court under section 51 of the jurisdiction cannot be held to be a 'final judgment' within the meaning of clause 39 of the letters patent, since there is nothing to show an intention in the year 1862 to use those words in a sense more extended than their legal sense.12. ..... the decision appealed in this case is obviously not a 'final decree' within the meaning of clause 39 of the letters patent, neither can it on the ruling of the case of onslow v. ..... 35, is in several instances of that act called a 'decree,' which is, of course, the equivalent term, to a 'judgment' in the queen's bench division; but the distinction just laid down by the master of the rolls is the proper one, and has my entire concurrence.13. ..... it has been contended, however, that a general right of appeal of a character somewhat similar to that given by the appellate jurisdiction act has been given in bombay by clause 39 of the letters patent of the high court of bombay, dated december 28, 1865. ..... referred to in the argument, where the question was fully considered, their lordships would be slow to advise his majesty to grant special leave to appeal when the subject had been adequately dealt within the letters patent.27. ..... in order therefore that the appeal in this case should be held to be competent, the decision and order of the high court under section 51 of the income tax act must come within clause 39 of the letters patent. .....
Tag this Judgment!Court : Chennai
Reported in : 76Ind.Cas.741; (1923)45MLJ557
..... section 36, sub-section 2 of the interpretation act is as follows:where an act passed after the commencement of this act, or any order in council, order, warrant, scheme, letters patent, rules, regulations, or bye-laws made, granted or issued, under a power conferred by any such act, is expressed to come into operation on a particular day, the same shall be construed as corning into operation immediately on the expiration of the ..... the master of the rolls referred with approval to the argument of sergeant palmer that in all the previous cases except one the act clone, from which the computation is made inclusive of the day, is an act to which the party against .....
Tag this Judgment!Court : Chennai
Reported in : AIR1924Mad257
..... section 36, sub-section (2) of the interpretation act is as follows:where an act passed after the commencement of this act, or any order in council, order, warrant, schema, letters patent, rules, regulations, or bye-laws made, granted or issued, under a power conferred by any such act, is expressed to come into operation on a particular day, the same shall be construed as coming into operation immediately on the expiration of the ..... . the master of the rolls referred with approval to the argument of sergeant palmer that in all the previous oases except one the act done, from which the computation is made inclusive of the day, is an act to which the party against .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1922Cal101,67Ind.Cas.375
..... the effect of this provision is that when a settlement of rent has been made under part ii of chapter x, no evidence is admissible to prove that rent is payable at a rate different from that entered in the rent roll, section 103-b which finds a place in part i does not operate to modify the effect of section 101-j which finds a place in part ii. ..... this is an appeal under clause 15 of the letters patent from the judgment of mr. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1922Cal515,71Ind.Cas.81
..... . his office is a very badge of respectability, a patent of trustworthiness, derived from his position on the court's roll of counsel; consequently, he ought not to be suffered to pass for what he is not ..... . 683 that as the court in making an order striking a solicitor off the rolls for misconduct does so in the exercise of its disciplinary powers over its own officers and not in the exercise of its criminal jurisdiction, an appeal lies from such order to the court of appeal .....
Tag this Judgment!Court : Chennai
Reported in : (1922)43MLJ486
..... ' lord cairns, l.c, agreed with the master of the rolls in his construction of the will as to the time when the litigation can be said to have ended. ..... justice phillips held that the suits were not barred by limitation, and hence these letters patent appeals against]the decision of sadasiva aiyar, j. ..... the master of the rolls was of opinion that the legacy was payable only when the litigation had finally ceased and the property had come into the hands of mr. ..... 220, and the decision of the master of the rolls was confirmed. ..... 20 of 1921 represents the residuary legatee under the will and the appellants in letters patent appeals nos. ..... 2,000 (item 24) is given to papayya whose legal representative is the appellant in letters patent appeal no. ..... 40,000, and bapayya, whose legal representative is the appellant in letters patent appeal no. ..... the appellant in letters patent appeal no. ..... the appellant in letters patent appeal no. ..... the appellant in letters patent appeal no. .....
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