Court : Chennai
Reported in : (1882)ILR5Mad54
..... in 1862, and had no authority to proceed to execute a decree having relation to property beyond its local limits even in cases in which, under the provisions of the amended letters patent of 1865, it had accorded leave for the institution of a suit, and had passed a decree in the suit binding the property. 9. it was then argued that ..... of his share or interest in the property.10. it was further contended, that this was a suit to set aside a sale, and' that article 12 of the limitation act, allowing a period of only one year, was a bar to the present suit.11. it was also urged that plaintiffs' sale-certificate was not registered and was inadmissible in ..... 12 years of the date of the cause of action.17. i have no doubt that the suit is within time. article 12 of the 2nd schedule to the limitation act does not apply to suits in which the plaintiff was not a party to, and not bound by the sale it is sought to set aside. it is clear that .....
Tag this Judgment!Court : Chennai
Reported in : (1893)ILR16Mad207
..... the merits as the consequence of the decision on a preliminary question which the appellate court could not uphold. the condition necessary to a remand after the date of the amending act is the omission to determine the merits. further, it seems to me that the expression 'preliminary point ' was used in section 562 not in the sense of some point collateral ..... the circumstances of the case the appellate court considers a remand desirable. the contention, therefore, that the subordinate judge had a discretionary power to remand after the date of the amending act and that his order was legal must prevail.5. as for the second objection, i see no reason to think that the learned judge was in error in calling upon ..... muttusami ayyar, j.1. this is an appeal preferred under letters patent against the order of mr. justice parker. in the suit to which it relates, three issues were raised for decision, viz., (1) whether the plaintiff performed puja to certain idols, ( .....
Tag this Judgment!Court : Chennai
Reported in : (1897)ILR20Mad407
..... court passed the order which has given rise to this appeal.7. in pursuance of the authority given by section 9 of the high court act, her majesty issued the amended letters patent of 1865, section 36 of which deals with the powers of single judges and division courts. it declares that 'any function which is hereby ..... the governor-general in council passing laws which shall have the effect of amending or altering the provisions of the letters patent, and declares that 'all the provisions ' of the letters patent are subject to such laws ' and may be in all respects amended and altered thereby.'25. when the governor-general in council enacted the code ..... not exceeding fifteen, as her majesty might, from time to time, think fit to aippoint. section 9 of that act gave the high court such original and appellate jurisdiction and authority, as her majesty by letters patent might grant and direct, subject, however and without prejudice, to the legislative powers of the governor-general of india .....
Tag this Judgment!Court : Chennai
Reported in : (1898)8MLJ231
..... civil revision petition before the high court and this comes on before a single judge who either acts or declines to act in the matter for the high court and passes his order accordingly.24. it is urged that under section 15 of the amended letters patent whatever order the single judge makes, whether he dismisses the petition or remits the case with an ..... intimation that the court below has acted wrongly--there is an appeal from that order to a bench of the high court and thence possibly .....
Tag this Judgment!Court : Chennai
Reported in : (1900)10MLJ147
..... decision. as regards the latter case the question jurned on the construction of a section of the new south wales criminal law amendment act, 1883, which is taken almost word for word from section 2 of the crown cases act, 11 and 12 vict., c. 87. this section does not give to. the tribunal to whom the points of law ..... jointly with the second accused with the offence of abetment by conspiracy. the first count is consequently bad on account of this misjoinder. it is also bad for multifariousness the patent flaw in the count, namely, charging the commission of the two offences (1) of the abetment of extortion and (2) the abetment of bribery as one offence ..... of this section does not render a trial 'illegal' so ,as to preclude this court from exercising the jurisdiction conferred upon it by section 26 of the letters patent, if the conditions precedent prescribed by the section to the exercise of that jurisdiction have been fulfilled.30. it was also argued that it was not competent for this .....
Tag this Judgment!Court : Chennai
Reported in : (1902)12MLJ208
..... in cushing v. dupuy l.r. 5 a. c. 409 the question arose as to whether the dominion enactment'40 vic. c. 41 section 28, amending the canadian insolvency act providing that the judgment of the court of appeal in matters of insolvency should be 'final' could' and did derogate from the prerogative of the crown to ..... , and whenever it is intended to bind the crown, it is expressly named, e.g. the arbitration act, 1889, section 23; the patents etc., act, 1883, section 27; the bankruptcy act, 1883, section 150. the interpretation act, 1889, section 30., the stamp act, 1891, section 119.32. the reference by lords kenyon and blackburn to the prerogative of the crown as ..... prerogative of the crown in its real sense. similarly the privilege of the crown to use an invention without compensation to the patentee, notwithstanding the grant of a patent for the exclusive right to the use of the invention and the implied exemption of the crown from payment of tolls, notwithstanding a grant, by itself, of .....
Tag this Judgment!Court : Chennai
Reported in : (1902)ILR25Mad457
..... gushing v. dupuy l.r.5 app. cas. 409 the question arose as to whether the dominion enactment, 40 vict., cap. 41, section 28, amending the canadian insolvency act and providing that the judgment of the court of appeal in matters of insolvency should be 'final' could and did derogate from the prerogative of the crown to ..... and whenever it is intended to bind the crown, it is expressly named, e.g., the arbitration act, 1889, section 23; the patents, etc., act, 1883, section 27; the bankruptcy act, 1883, section 150; the interpretation act, 1889, section 30; the stamp act, 1891, section 119.32. the reference by lords kenyon and blackburn to the prerogative of the crown ..... of the crown in its real sense. similarly the privilege of the crown to use an invention without compensation to the patentee, notwithstanding the grant of a patent for the exclusive right to the use of the invention and the implied exemption of the crown from payment of tolls, notwithstanding a grant, by itself, of .....
Tag this Judgment!Court : Chennai
Reported in : (1906)ILR29Mad569
..... under the section. the argument that it had not been shown that pears had acquired a trademark, in the sense in which the word is used in the english patents, designs and trademarks acts, in the design which is printed on the box in which the soap was sold, is beside the point. under section 478 of the indian penal code, ' ..... it is, of course, for them to show the case falls within the terms of the enactment which provides for the exception. in the present case the charge was not amended until after the petitioner had been charged with four offences, had pleaded to four offences and evidence had been adduced on both sides with reference to four offences. it may ..... 482 of the indian penal code.'3. i do not think it was open to the magistrate at the stage of the proceedings when he struck out the charge to amend the charge so as to reduce the offences to three. section 233, criminal procedure code, lays down the general rule that for every distinct offence there must be a separate charge. .....
Tag this Judgment!Court : Chennai
Reported in : (1910)20MLJ500
..... 'if an attorney be found guilty of moral delinquency in his private character' he may be struck off the roll under the letters patent. the amended letters patent were issued on the 28th of december 1865. in the same year act xx of 1865 was passed, by section 15 of which it was enacted as follows :-' the high court may also, after such ..... to curtail the power of the high court in dealing with the misconduct of a pleader which was other than professional. by the amendment of 1896 a number of cases which were penalised by section 36 of the act, were brought in as clauses (c)(d) and (e) of section 13, and the clause as to fraudulent or grossly improper ..... re sarbadhikari i.l.r. (1907) a. 295 to that of an advocate. both these cases fell under the letters patent by which an advocate or vakil could be removed or suspended from practice 'on reasonable cause.' the acts charged against them were connected with the discharge of their professional duty. but having regard to the language of the letters .....
Tag this Judgment!Court : Chennai
Reported in : 6Ind.Cas.313
..... if an attorney be found guilty of moral delinquency in his private character', he may be struck off the roll under the letters patent. the amended letters patent were issued on the 28th of december 1865 in the same year act xx of 1865 was passed, by section 15 of which it was enacted as follows: the high courts may also after such inquiry ..... to curtail the poorer of the high court in. dealing with the misconduct of a pleader -which was other than professional. by the amendment of 1896, a number of cases, which were penalised by section 36 of the act, were brought in as clauses (c), (d) and (e) of section 13 and the clause as to fraudulent or grossly improper ..... 2 m.l.t. 1 : 5 cri. l.j. 152 to that of an advocate. both these cases fell under the letters patent by which an advocate or vakil could be removed or suspended from practice on reasonable cause.' the acts charged against them were connected with the discharge of their professional duty. but having regard to the language of the letters .....
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