Court : Chennai
Decided on : Dec-20-1929
Reported in : AIR1930Mad896; (1931)60MLJ25
ORDERVenkatasubba Rao, J.1. This is a rule calling upon 'the Minister, Public Health, Government of Madras,' to show cause why an order made by him on the 11th of March, 1929, should not be quashed on certiorari. The ground on which the rule was obtained may be shortly stated. The Nuzvid Union Board granted permission to a certain person to establish a rice mill within its jurisdiction. The Collector suspended the resolution of the Board, as, in his opinion, the establishment of a mill in the locality in question 'was likely to be detrimental to public health'. The Local Government passed proceedings under Sections 38 and 196 of the Local Boards Act (1920), on the 9th of June, 1928, directing that the Collector's order 'shall continue in force permanently'. Subsequently this order was rescinded on the 11th of March, 1929, the result being that permission to establish the mill was accorded. This rule was issued at the instance of certain residents of the locality who complained that the...
Tag this Judgment!Court : Kolkata
Decided on : Apr-29-1929
Reported in : AIR1930Cal258,122Ind.Cas.197
Page, J.1. This is an originating summons by the plaintiff, taken out by his mother as next friend, in which the plaintiffclaims to be interested in the relief sought as the sole residuary legateeunder the will and codicils of his grandfather Gopal Chandra Sinha, for the purpose of determining the title to the property moveable and immovable of the testator. The originating summons is in the following form:Let the defendants Ashutosh Mukhorjee, Sadasiva Mitter and Khitindra Kumar Mitter, the executors of the said Gopal Chandra Sinha deceased, all of No. 9, Ghaulpati Lane, and the defendants Sashi Bhusan Sinha of No. 13-A, Teliparha Road, Khitish Chandra Sinha, since adjudged a lunatic, and Purna Chandra Sinha, the three sons of the said deceased, and the defendant Khoka Sinha, a minor grandson by son of the said deceased, and as such claiming or. having an interest in the latter's estate as a residuary legatee under his will and codicils, dated respectively 2nd March 1919, 2nd November...
Tag this Judgment!Court : Chennai
Decided on : Sep-23-1929
Reported in : 123Ind.Cas.47
Madhavan Nair, J.1. This appeal arises out of an application under Sections 144 and 151, Civil Procedure Code, for restitution against the 3rd respondent in A.S. No. 256 of 1924 before this Court and also for the recovery of costs that were ordered to be paid by the claimants Nos. 1 and 2 in the two connected appeals, Nos. 256 of 1924 and 334 of 1924. The facts of the case are stated in detail by the learned District Judge and need not be re-stated.2. It appears that a sum of Rs. 22,614-12-0 was ordered to be paid in excess by the District Judge to the claimants in a certain land acquisition proceeding on a reference to him under the Land Acquisition Act. Against the order to pay the excess amount two appeals were preferred to the High Court, one A.S. No. 324 of 1924 by the claimants in that proceedings, and another, A.S. No. 256 of 1924 by the Government. In A.S. No. 256 of 1924, the Government filed an application for stay of execution of the order that the 3rd respondent may be allo...
Tag this Judgment!Court : Kolkata
Decided on : Apr-23-1929
Reported in : AIR1929Cal374,118Ind.Cas.857
Rankin, C.J.1. The plaintiff in 1909 obtained a money decree against the defendant and his brother for Rs. 27-8-0. After much contest it has been found by the lower appellate Court that in 1913 the defendant and his brother transferred to the plaintiff 10 cottahs of land in satisfaction of all debts on whatever account due to the plaintiff and that thus the decretal amount was discharged. It is clear, however, that this adjustment of the decree was not certified by the plaintiff under Order 21, Rule 2 and that the judgment-debtors failed to apply to the Court within the ninety days prescribed by Article 174, Schedule 1, Lim. Act 1908, to have the adjustment recorded. Clause 3 of the rule took effect accordingly; the adjustment 'shall not be recognized by any Court executing the decree.' In this state of things the plaintiff in 1914 sought to have execution of the decree; the defendant set up the adjustment as an objection in the execution case: but this objection being clearly unsustai...
Tag this Judgment!Court : US Supreme Court
Decided on : Jan-21-1929
Exchange Trust Co. v. Drainage Dist. No. 7 - 278 U.S. 421 (1929) U.S. Supreme Court Exchange Trust Co. v. Drainage Dist. No. 7, 278 U.S. 421 (1929) Exchange Trust Company v. Drainage District No. 7 No. 114 Argued January 9, 1929 Decided January 21, 1929 278 U.S. 421 ERROR TO THE SUPREME COURT OF ARKANSAS Syllabus 1. Irregularities in proceedings for the annexation of new lands to a special improvement district and for assessment of benefits may be cured by an act of the legislature confirming a reassessment. P. 278 U. S. 424 . 2. A settler under the homestead law who invited and secured an annexation of his land to a state drainage district and afterwards obtained his equitable title through a final entry of the Page 278 U. S. 422 land is estopped from asserting that the assessment subsequently imposed on him for the benefits accruing from the drainage are void because the land was owned by the United States at the time of such annexation. Lee v. Osceola Road District,...
Tag this Judgment!Court : Mumbai
Decided on : Nov-25-1929
Reported in : AIR1930Bom225; (1930)32BOMLR300
Murphy, J.1. The facts underlying this letters patent appeal are set out in 30 Bom. L.R. 1149, a decision to which I was a party, and which was made on July 3, 1928.2. The respondent had sold the appellant survey No. 108, pot Nos. (1) and (2) of Usmanpur, in the south Dascroi Taluka of the Ahmedabad District, for Rs. 19,000. The title conveyed by the respondent was clouded and litigation ensued between the parties to the transaction. The original Court refused to set the sale aside, but put the parties to terms, the principal ones being that the respondent should return Rs. 1,000 of the price, and execute a conveyance in appellant's favour containing certain indemnity clauses, the conveyance to be executed within two months of the decree, which was made on October 24, 1924. Execution proceedings under this decree were initiated on December 2, 1924. While they were still pending and after Rs. 1,000 and the sum due for costs had been paid into Court and received by the appellant, as to t...
Tag this Judgment!Court : Kolkata
Decided on : Jul-03-1929
Reported in : AIR1929Cal617
Rankin, C.J.1. In this case Padam-prasad was tried at the High Court Sessions by my learned brother, Jack, J., and a common Jury on charges laid under Sections 193 and 471, I.P.C., together with Sujauddin Ahmed and Kanhyalal. He was convicted on the unanimous verdict of the jury of abetment of the offence of fabricating false evidence and also on the substantive charge of dishonestly using as genuine a forged document knowing the same to be forged. Kanhyalal was acquitted of both charges and Sujauddin Ahmed was convicted of abetment of the offence of fabricating false evidence and also of abetment of. the offence of dishonestly using as genuine a forged document knowing the same to be forged.2. On 19th March 1927, a Nepali girl called Raj Kumari presented a petition of complaint to the Additional Chief Presidency Magistrate charging Padam Prasad with divers offences and in particular with the offence of having sold her to one Hiralal Agarwala for immoral purposes. She alleged that she ...
Tag this Judgment!Court : US Supreme Court
Decided on : Nov-04-1929
Colgate v. United States - 280 U.S. 43 (1929) U.S. Supreme Court Colgate v. United States, 280 U.S. 43 (1929) Colgate v. United States No. 74 Jurisdictional statement Submitted October 14, 1929 Decided November 4, 1929 280 U.S. 43 APPEAL FROM THE COURT OF CLAIMS Syllabus Under a Special Jurisdictional Act approved March 3, 1927 (44 Stat. 1807), which referred back to the Court of Claims for rendition of a judgment certain findings of fact theretofore made by it and reported to Congress, and provided for an "appeal" to this Court by either party "upon or from any conclusion of law or judgment, from which appeals now lie in other cases," the review intended was the usual method of review at the date of the Special Act, which was and is by application for a writ of certiorari, and not a technical appeal. P. 280 U. S. 45 . Appeal under a Special Jurisdictional Act from a judgment for the government rendered by the Court of Claims on a claim against the United States for alleg...
Tag this Judgment!Court : US Supreme Court
Decided on : Jan-02-1929
West v. Standard Oil Co. - 278 U.S. 200 (1929) U.S. Supreme Court West v. Standard Oil Co., 278 U.S. 200 (1929) West v. Standard Oil Company No. 71 Argued October 24, 25, 1928 Decided January 2, 1929 278 U.S. 200 CERTIORARI TO THE COURT OF APPEALS OF THE DISTRICT OF COLUMBIA Syllabus 1. Authority of the Secretary of the Interior to determine whether land claimed under a school land grant to a state was known to be mineral when the survey was approved may be exercised by him directly without preliminary resort to a hearing before the local land officers. P. 278 U. S. 213 . 2. Land comprised in a section numbered 36 was deeded by the State of California as part of her school land grant, her title depending under the granting act of Congress upon the mineral character of the land not having been known at the time when the survey was approved. For the purpose of determining this question purely in the interest of the United States, no claim under the federal laws having been...
Tag this Judgment!Court : Mumbai
Decided on : Sep-19-1929
Reported in : (1930)32BOMLR17
Blackwell, J.1. This is an appeal from the judgment of Mr. Justice N. W. Kemp, declaring that the plaintiff was the lawfully wedded wife of defendant No. 1, that the marriage of defendant No. 1 with defendant No. 2 was void and illegal, and ordering restitution of conjugal rights as between the plaintiff and defendant No. 1.2. The facts in the case are not in dispute. The parties to the suit are all Roman Catholics, and the respondent (original plaintiff) and appellant No. 1 (original defendant No. 1) are of Goan domicile. On June 9, 1928, appellant No. 1 and the respondent were betrothed at the Church of Dabul as appears from a certificate of betrothal, Exh. Section On the same day appellant No. 1 wrote a letter, Exh. No. 3, to the Vicar of the Church of Dabul, informing him that he had changed his mind and requesting him to stop the reading of the banns. The Parish priest in consequence did not read the banns, .On June 14, 1928, appellant No. 1 and the respondent went through a civil...
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