Court : Chennai
Decided on : Apr-17-1912
Reported in : 14Ind.Cas.896
..... present advocate-general, who appeared for the crown, has taken the preliminary objection that article 26 of the letters patent has no application to a case tried in accordance with the provisions of the indian criminal law amendment act and we have, therefore, no jurisdiction to review the case. that article must be considered in connection with ..... it is, therefore, apparently not a case in which the high court has no jurisdiction under the letters patent but derives its jurisdiction from a special statute. nor is there anything in the indian criminal law amendment act to suggest that the legislature was conscious that it was conferring a jurisdiction on the high court which it ..... it has further been urged by the advocate-general that the object of the indian criminal law amendment act is to provide for the speedy trial of offences of a particular description and if article 26 of the letters patent applied, this object would be frustrated. i do not think there is any force again in this .....
Tag this Judgment!Court : Chennai
Decided on : Feb-15-1912
Reported in : (1912)22MLJ490
..... present advocate-general who appeared for the crown has taken the preliminary objection that article 26 of the letters patent has no application to a case tried in accordance with the provisions of the indian criminal law amendment act and we have therefore no jurisdiction to review the case. that article must be considered in connection with articles ..... . it is therefore apparently not a case in which the high court has no jurisdiction under the letters patent but derives its jurisdiction from a special statute. nor is there anything in the indian criminal law amendment act to suggest that the legislature was conscious that it was conferring a jurisdiction on the high court which it ..... .68. it has further been urged by the advocate-general the object of the indian criminal law amendment act is to provide for the speedy trial of offences of a particular description and if article 26 of the letters patent applied this object would be frustrated. i do not think there is any force again in this .....
Tag this Judgment!Court : Chennai
Decided on : Apr-17-1912
Reported in : (1912)ILR35Mad397
..... present advocate-general who appeared for the crown has taken she preliminary objection that article 26 of the letters patent has no application to a case tried in accordance with the provisions of the indian criminal law amendment act and we have therefore no jurisdiction to review the case that article must be considered in connection with articles ..... . it is therefore apparently not a case in which the high court has no jurisdiction under the letters patent but derives its jurisdiction from a special statute. nor is there anything in the indian criminal law amendment act to suggest that the legislature was conscious that it was conferring a jurisdiction on the high court which it ..... it has further been urged by the advocate-general that the object of the indian criminal law amendment act is to provide for the speedy trial of offences of a particular description and if article 26 of the letters patent applied this object would be frustrated. i do not think there is any force again in this .....
Tag this Judgment!Court : Chennai
Decided on : Aug-30-1912
Reported in : 16Ind.Cas.755; (1912)23MLJ393
..... .' the old supreme court and the court of sudder dewany adawlut and foujdarry adawlat were abolished by the establishment of the high court (section 8). neither the charter act nor the letters patent of the high court expressly conferred on it the power to issue a writ of certiorari outside the limits of its original jurisdiction. the question is, whether it has ..... 32 b.k 184 : 3 m.l.t. 116 : 10 bom. l.r. 28 : 7 cri. l.j. 35, i think that till the legislature makes the point clear by amending the code, i must follow aiyakannu pillai v. emperor 32 m.k 49 : 4 m.l.t. 404 : 19 m.l.j. 42 : 9 cri. l.j. 41. on the ..... lawfully established court of justice having authority to grant and issue the said writ and to ensure the due execution thereof throughout such colony or dominion. now the charter act and the letters patent of 1800 gave to the supreme court, throughout the territories subject to the madras government all, the powers of the king's bench which the king's bench .....
Tag this Judgment!Court : Chennai
Decided on : Sep-10-1912
Reported in : (1913)24MLJ135
..... in india (following the english cases) in which fine distinctions were drawn between stipulations for high interest from date of bond and from date of default, and hence the amending act vi of 1899, introduced a new explanation and as many as four new illustrations (d) to (g) to indicate the view of the legislature as to the ..... facts as to the relative positions of the debtor and creditor are proved to treat the provisions as a penalty to be relieved against. i would therefore, dismiss the letters patent appeal with costs, but as there is the reported division bench ruling in sankaranarayana vadhyar v. sankaranarayana aiyar i.l.r. (1901) m. 343, against my view ..... interfere' with the decision of the subordinate judge that the rate of interest should be reduced to 24 per cent.6. against the above decision, the present letters patent appeal has been filed. we agree with the learned judge of this court that the plaintiff's first contention (that the defendant is precluded, by his agreement to .....
Tag this Judgment!Court : Chennai
Decided on : Apr-24-1912
Reported in : (1912)23MLJ241
..... a landholder and the tenant of his private land and to the similar relation between landowners under the ryotwari tenure and their tenants. the advocate-general in moving an amendment to clause 124 (a) said 'it was not intended that these other landowners specified in clause 1 and 2 should be debarred from instituting suits in the civil ..... a suit in a civil court is not prohibited.3. the appeal therefore fails and we dismiss it with costs.sadasiva aiyar, j4. this is a letters patent appeal and the only question seriously argued on the appellant's behalf was whether in respect of kamatam or private lands (i.e.,) lands not coming under the ..... contrary intention clear, evidently holding that the clause in the bill corresponding to section 19 of the act will prevent recourse by the landholder to the revenue courts for recovery of rent against the tenants of his private lands after clause 124 (a) is amended as proposed by him, (the advocate-general) by the addition of some words. honble mr. .....
Tag this Judgment!Court : Chennai
Decided on : Jul-18-1912
Reported in : (1912)23MLJ181
..... . l.r. 353 on this point. so far as the word 'him' in the old section 424 is concerned, the matter has been made very clear by the amended act in which section 80 has substituted the words 'such public officer' for the word 'him.' i do not think the legislature intended to make any alteration in the law ..... the secretary of state for india in council without due notice cannot cause irrepairable injury to plaintiff, for he could sue the public officer alone for his threatened act and obtain a temporary injunction and this will effectually prevent the threatened injury. as regards suits against the secretary of state for india in council large classes of ..... of land under the land acquisition act, recovery of arrears of all kinds of revenue, of prevention and removal of encroachments and of the performance of similar public duties and most of them do involve reliefs in the nature of an injunction. the legislature must be deemed to have been aware of this patent consideration and if they had .....
Tag this Judgment!Court : Chennai
Decided on : Jul-18-1912
Reported in : (1914)ILR37Mad113; 16Ind.Cas.947
..... : (1912)14bomlr353 on this point. so far as the word 'him' in the old section, 424 is concerned, the matter has been made very clear by the amended. act in which section 80 has substituted the word 'such public officer' for the word 'him.' i do not think the legislature intended to make any alteration in the law ..... the secretary of state for india in council without due notice cannot cause irrepairable injury to plaintiff, for he could sue the public officer alone for his threatened act and obtain a temporary injunction and this will effectively prevent the threatened injury. as regards suits against the secretary of state for india in council large classes of ..... land under the land acquisition act, recovery of arrears of all kinds of revenue, of prevention and removal of encroachments and of the performance of similar public duties and most of them do involve reliefs in the nature of an injunction. the legislature must be deemed to have been aware of this patent consideration and if they had .....
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