Court : Allahabad
Reported in : AIR1932All575
..... 1 of 1823, section 38, disclaimed all responsibility. for the reasons which -we have set forth we are of opinion that the secretary of state in council was not liable for the alleged act of the official, receiver in the pre sent case. accordingly we consider that the final order of the small cause court judge dismissing the suit of the ..... plaintiff should have been allowed on the merits.2. the claim of the plaintiff as set forth in his plaint was that one damodar das proprietor of a printing press was adjudicated insolvent and the official receiver of the time was appointed receiver of the insolvent's assets-and that the official receiver took possession of the ..... press and the premises which were leased at a rent of rs. 55 to the damodar printing press by the plaintiff. further that the official receiver on 1st april 1927 agreed to pay the said rent and that the .....
Tag this Judgment!Court : Chennai
Reported in : (1937)1MLJ496
..... his property will be distrained. the whole question of what is and is not a voluntary payment has been exhaustively considered by pandalai, j., in the case of the municipal council, tuticorin v. ralli brothers (1933) 67 m.l.j. 566. i desire to record my complete agreement with that part of his judgment dealing with that particular topic ..... or of seizure, actual or threatened, of his goods he can recover it as money had and received.3. it will be observed that the compulsion is of urgent and pressing necessity or of seizure, actual or threatened. as to what is actual or threatened seizure, cave, j., in the case of slater v. mayor, etc., of burnley (1888 ..... protest the very circumstances set out by the learned judge emphasise that they were voluntary payments. it is quite clear that the respondent preferred the procedure provided by the act by way of appeal and however dissatisfied with the result he thought fit to go on making payments for four years until he was inspired with the idea of .....
Tag this Judgment!Court : Chennai
Reported in : AIR1947Mad18; (1946)2MLJ35
..... high court held that the fourth respondent (the fifth and last mortgagee) stood subrcgated to the rights under the first three mcrtgages which he paid off. the privy council affirmed the decree of the high court on the question of subrogation. their lordships cited with approval the law on tnat point as expressed by mookcrjee, j., in ..... that is the ratio of gooindaswami tevan v. doraiswami pillai : (1910)20mlj380 and lakshmi achi v. narayanaswomi naickei : (1929)57mlj746 already relened to.16. their lordships of the privy council in ayyareddi v. gopalaktishnayya (1923) 46 m.l.j. 164 : l.r. 51 indap 140 : i.l.r. 47 mad. 190 after declaring that it is settled jaw ..... group of sections which are declared to be not retrospective. pressed with an argument like the one that is pressed upon us by mr. krishnaswmi aiyar this court held that the mere fact that a particular section of the amending act is not included in section 63 of that act as not being retrospective in character does not lead to the .....
Tag this Judgment!Court : Chennai
Reported in : AIR1923Mad262; 71Ind.Cas.130
..... not affected by this equitable mortgage, as the father did not contract it for an antecedent debt in the sense that these words have been used in recent privy council decisions. thirdly, as the father purported to be dealing with his own property, he did not make the mortgage in his capacity of manager of the joint family ..... show that the plaintiff was interested in helping the 1st defendant to cheat his creditors. the plaintiff's case is supported by his accounts, a letter, delivery book, press copy-books, and number of letters written to the 1st defendant by the plaintiff and by the 1st defendant to the plaintiff. it was conceded by mr. krishnaswami ..... respect, it is very difficult to follow the reasoning of the learned judges of the bombay high court. section 17, sub-section (2), clause (v) of the registration act is quite clear.any document not itself creating, declaring, assigning, limiting or extinguishing any right, title or interest of the value of one hundred rupees and upwards to or .....
Tag this Judgment!Court : Kolkata
Reported in : (1914)ILR41Cal466
..... .no. 2296 p.-d--the 18th july 1913--whereas it appears to the governor in council that a pamphlet entitled 'come over into macedonia and help us' contains words of the nature described in section 4, sub-section (2) of the indian press act, 1910 (i of 1910), inasmuch as they are likely to bring into hatred or ..... contempt certain classes of his majesty's subjects in british india.now, therefore, in exercise of the power conferred by section 12, sub-section (1) of the said act, the governor in council hereby declares all copies of the ..... high court, all jurisdiction of the courts is in effect barred. this section, save for the exception, reproduces section 16 of the short-lived press act of 1878, commonly known as the vernacular press act. two conditions then are necessary to a forfeiture in accordance with the terms of section 12. first, it must appear to the local government that .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1933Cal754
..... item. this is an annexure to the said orders of the governor of bengal in council containing, it is alleged, words of the nature described in sub-section (1) of section 4, indian press (emergency powers) act 1931. this act was amended by the criminal law amendment act 1932, being act. 23 of 1932, and the question now for our decision is whether the said news ..... newspaper and anil chandra dutt gupta who is described as the keeper of the sudhan press where the newspaper in question is printed, under section 23 of act 23 of 1931 (the indian press emergency powers act, 1931), praying that certain orders of his excellency the governor of bengal in council dated 9th june 1933 calling upon these two petitioners to deposit cash or securities .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1950Cal444,54CWN334
..... would make the working of responsible government or any democratic constitution in india fraught with the gravest peril. it is no use referring to explan. 2 to section 4, press act, which runs as follows:'comments expressing disapprobation of the measures of the government with a view to obtain their alteration by lawful means without exciting or attempting to excite hatred ..... case of niharendu dutt v. emperor, a. i. r. (29) 1942 f. c. 22 : (43 cr. l. j. 504) has been expressly dissented from by their lordships of the privy council in. emperor v. sadashiv narayan, 49 bom. l. r. 526 : 74 i. a. 89 : (a. i. r. (34) 1947 p. c. 82 : 48 cr. l. j. 791). that being ..... it seeks to overthrow by constitutional means the party in power. but words similar to those in section 4 have received judicial interpretation of the privy council and that interpretation is binding upon us. we cannot follow those cases which are really based upon the observations of gwyer c. j. in niharendu dutt majumdar's case : (a .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1936Cal593,167Ind.Cas.615
..... , c. 61. if the history of the sub-sections is traced down from the regulating act, 1773 (geo iii, c. 63, sub-section 36 and 37), through the indian councils act 1861 (24 & 25 vic., c. 67, sub-section 42, 43, 44 and 48) and the indian councils act, 1892 (55 & 56 vic., c. 14, section 5) it becomes perfectly clear that ..... dated 14th february 1922. the plaintiffs challenged this conveyance alleging,that at the time of the sale-deed the said kumar uday narain deb was seriously ill and hard pressed for money. the said maharaj kumar prince victor nityendra narain had the said deed executed in his own favour by exercising undue influence and coercion.100. the trustee ..... has only supplemented that law where, in its view, it needed supplementing.101. mr. bose appearing on behalf of bhairabendra in appeal no. 171 of 1933 has pressed the cross-objection which his client has preferred in that appeal. the cross-objection relates to the items of properties with regard to which the claim of the plaintiff in .....
Tag this Judgment!Court : Kolkata
Reported in : 145Ind.Cas.881
..... is an annexure to the said orders of the governor of bengal in council containing, it is alleged, words of the nature described in sub-section 1 of section 4 of the indian press (emergency powers) act, 1931. this act was amended by the criminal law amendment act of 1932 being act xxiii of 1932 and the question now for our decision is whether the said ..... ' newspaper and anil chandra dutt gupta who is described as the keeper of the sudhan press where the newspaper in question is printed, under section 23 of act xxiii, of 1931 [the indian press (emergency powers) act, 1931] praying that certain orders of his excellency the governor of bengal in council dated june 9, 1933, calling upon these two petitioners to deposit cash or security .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1947Bom382; (1947)49BOMLR189
..... which lay down what is charity and what is not charity, the warning given by the privy council must always be borne in mind. in trustees of tribune press v. commissioner of income-tax, punjab : (1939)41bomlr1150 the privy council cited with approval the quotation from the judgment of sir raymond west in fatmabibi v. the advocate ..... may sometimes afford help or guidance, cannot relieve the indian courts from their responsibility of applying the language of the act to the particular circumstances that emerge under conditions of indian life.13. the definition to which lord wright there refers to is to be found at the end ..... v. commissioner of income-tax, bombay (1941) 47 bom. l.r. 233 by lord wright in delivering the judgment of the board (p. 237):the indian act gives a clear and succinct definition which must be construed according to its actual language and meaning. english decisions have no binding authority on its construction, and though they .....
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