Court : Chennai
Decided on : Nov-25-1931
Reported in : 140Ind.Cas.331; (1932)63MLJ450
..... submit the settlement record to the confirming authority appointed by the local government. the confirming authority may sanction the settlement of rents with or without amendment, but no amendments or alterations can be made by it without giving reasonable notice to the parties concerned and hearing their representations. after sanction by the confirming authority, ..... the 'confirming authority,' the settlement record shall be incorporated in the record-of-rights published under section 166, and the record-of-rights as so amended shall be finally published (section 170).an appeal shall lie from every order passed by a revenue officer on any objection made under section 169 to ..... within the definition given in nilmoni singh deo v. taranath mukerjee , there is no doubt that under section 16 of the letters patent and section 107 of the government of india act, the high court has jurisdiction to revise the orders of the board of revenue, and this revision petition cannot be dismissed in limine .....
Tag this Judgment!Court : Chennai
Decided on : Nov-20-1931
Reported in : 140Ind.Cas.422; (1932)62MLJ608
..... of its ordinary original jurisdiction is to be such law and equity which would have been applied by the supreme court at madras if these letters patent had not been issued. in the amended letters patent of this high court of 1865 the law to be administered by the high court in its ordinary original civil jurisdiction is the same as in ..... bound to decide this case by the english common law which means the law as it stood before it was amended by the slander of women act, that act not having been made applicable to india. section 19 of the letters patent defines the law and equity to be administered by the high court in its original jurisdiction as the law and ..... , the mayor's court charters of 1726 and 1753, the recorder's court charter of 1798, the supreme court: charter of 1800, the letters patent of this high court of 1862 and the amended letters patent of 1865. we have also been referred to regulation ii of 1802 applicable to the madras, mofussil courts. in the mayor's court charter of .....
Tag this Judgment!Court : Chennai
Decided on : Sep-28-1931
Reported in : AIR1932Mad275
..... having regard to all the circumstances of this case, no sufficient grounds have been made out for our interference in letters patent appeal.26. on the question whether a second suit on the basis of the amended mortgage document is the only--or, appropriate--remedy open to the plaintiffs, it is not necessary for me to say ..... of conveyances, under such circumstances as to entitle anyone of the purchasers to a reformation (reformation seems to bo the term used in american text-books, whereas our act uses the word 'rectification') as against his immediate vendor, equity may work back through all, and entitle the last purchaser to a reformation against the original grantor. ..... learned advocate for the appellant argued that after the decree was passed on such mortgage, the right to amend the mortgage deed came to an end. i am unable to agree with that contention. section 31, specific relief act indicates the limits of the power of the court to rectify an instrument when a mutual mistake is proved .....
Tag this Judgment!Court : Chennai
Decided on : Sep-28-1931
Reported in : (1932)62MLJ350
..... having regard to all the circumstances of this case, no sufficient grounds have been made out for our interference in letters patent appeal.20. on the question whether a second suit on the basis of the amended mortgage document is the only--or, appropriate--remedy open to the plaintiffs it is not necessary for me to say anything ..... conveyances, under such circumstances as to entitle any one of the purchasers to a reformation ('reformation' seems to be the term used in american text-books, whereas our act uses the word 'rectification') as against his immediate vendor, equity may work back through all, and entitle the last purchaser to a reformation against the original grantor.14. ..... has been no real and true adjudication between the parties. as was said long ago, 'fraud vitiates everything,' or, as lord coke said, 'fraud avoids all judicial acts.' if it can be shown that a decree in a previous suit has been obtained by fraud, the very foundation of that decree has gone: what was supposed to .....
Tag this Judgment!Court : Chennai
Decided on : Nov-20-1931
Reported in : AIR1932Mad474; (1932)62MLJ720
..... . it is observed there as follows:an incorporated industrial and provident society has been held not to be an 'incorporated company' within the meaning of the bills of sale act, 1878, amendment act, 1882, in the great northern. railway co. v. the coal co-operative society. (1896) 1 ch. 187. but this decision is open to question, and, ..... ) it is denned in section 2(6) thus:'company' means a company as denned in the indian companies act, 1913, or formed in pursuance of an act of parliament or of royal charter or letters patent, or of an act of the legislature of a british possession, and includes any foreign association carrying 'on business in british india whether ..... registered under any of the enactments relating to companies from time to time in force in british india, or formed in pursuance of an act of parliament or by royal charter or letters patent.28. it will thus be noted that the definition or description of the word 'company' differs materially in various enactments. it is important .....
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