Court : Allahabad
Reported in : AIR1927All1
..... part dismissed, rejected or withdrawn after the 30th of july 1912, (the date of the judgment of their lordships of the privy council) and before the commencement of the validating act.7. the passing of this validating act leaves no doubt in one's mind that the legislature recognized that the documents not signed by the witnesses in the way in ..... that was the unquestioned law.80. it is, however, necessary in this connexion to note a suggestion which was made during the argument but which was then not further pressed. it was hinted that if is not open to us to consider the previous history of the matter. it may be conceded at once that it is not open ..... transaction. the judgment does not show whether the significance of the validating act of 1917 was pressed before the bench. nor does it show that the possibility of the new act affecting vested rights was argued. the judgment is based on the view that the act is a declaratory act because it was an actto remove doubts existing as to the meaning .....
Tag this Judgment!Court : Chennai
Reported in : AIR1936Mad857
..... agree with the lower court's view in this matter. it is not for the court to say whether the municipal council could not have acted better if it had given effect to the reduction even from 1st april 1927. i have only got to see ..... resolution under section 80 was published only on 1st october 1926 is immaterial. this is the ratio decidendi of the decision in municipal council, anantapur v. vasudeva rao : air1931mad808 .5. there is however another difficulty about the profession tax. the municipality seems to have ..... property tax, several points have been raised in that connexion by one party or the other. mr. subba rao did not press the objection to the finding in para. 11 of the lower court's judgment as regards the assessment on land bearing no. ..... filed a counter-affidavit which does not seriously question the truth of the statements made in the affidavit. i am not much pressed by the suggestion that if the documents are now admitted the matter must be sent down to the lower court for further .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1945Bom277; (1945)47BOMLR363
..... fair and full, and contains no misdirection or nondirection. it is fairly conceded by the learned counsel for the appellant that there is no point of law to be pressed in support of the appeal, and the only ground of attack on the unanimous verdict of the jury is that the evidence has not been properly appreciated. we have ..... disbelieved the witnesses whose testimony is not beyond criticism.7. as regards the analogy of an appeal against conviction by a sessions judge acting with assessors, we have a recent decision of their lordships of the privy council in sheo swarup v. the king emperor , where a distinction is drawn between' the power possessed by the court and the ..... it now comes for final hearing.3. the prosecution does not allege that there has been misdirection or non-direction by the learned judge in his charge. the point pressed is that the evidence led by the prosecution ought to have been believed by the jury and a verdict of guilty ought to have been returned thereon.4. mr. .....
Tag this Judgment!Court : Kolkata
Reported in : (1910)ILR37Cal467
..... trial by jury could not be taken away by the criminal procedure code. the argument rests on the proviso to section 22 of the indian councils act, 1861, whereby it is declared that the governor-general in council shall not have the power of making any law which may affect any part of the unwritten laws or constitution of the united ..... at by us sitting on the original side, and as mr. das pressed his contention in all seriousness, with great skill and at considerable length, i cannot refrain from dealing further with the point.103. shortly put, mr. das' argument is based upon section 22 of the indian councils act, 1861 (24 & 25 vict., c. 67), where it stands ..... enacted by parliament that 'the governor-general in council shall not have the power of making any laws and regulations which shall repeal or in any way affect....any .....
Tag this Judgment!Court : Kolkata
Reported in : 7Ind.Cas.359
..... by jury could not be taken away by the criminal procedure code. the argument rests on the proviso to section 22 of the indian councils act, 1861, whereby it is declared that the governor general in council shall not have the power of making any law which may affect any part of the unwritten laws or constitution of the united ..... 'the governor-general in council shall not have the power of making any laws and regulations which shall repeal or in any way affect...any ..... sitting on the original side, and as mr. das pressed his contention in all seriousness, with great skill and at considerable length, i cannot refrain from dealing further with the point.93. shortly put, mr. das argument is based upon section 22 of the indian councils act, 1861 (24 & 25 act. c. 67), where it stands enacted by parliament that .....
Tag this Judgment!Court : Chennai
Reported in : (1949)2MLJ171
..... principle-judged from this standpoint also, the decision strikes me as not being altogether right. apart from analogical reasoning derived from privy council decisions refusing to recognise the existence of a de facto guardian under the muhammadan law, which are not directly in point, the principle ..... the powers of the guardian of a minor and the manager of an idol being similar. the analogy should not be pressed further and it is not necessary or proper to have a next friend or guardian ad litem appointed for an idol in ..... appellant, and we are convinced that no injustice has been caused to him by reason of defective pleading. the second point pressed by the appellant was that the temple or the idol, which must be deemed to be in law the plaintiff, cannot be ..... until he is removed or controlled by the court, he can alone act for the idol. per rankin, c.j., see surendrakrishna v. ishwar bhuvaneshwari i.l.r. (1932) cal. 54 affirmed on appeal by the privy council in (1937) 2 m.l.j. 527 : l.r. 64 .....
Tag this Judgment!Court : Chennai
Reported in : 1949CriLJ823; (1949)1MLJ488
..... without jurisdiction. the reason for coming to the conclusion that the refusal of the licence was illegal is stated to be that under section 180 of the act the municipal council was not empowered to deprive the owners of the legitimate use of the land, because the section only meant to confer powers to ensure the safety and ..... of first instance was that the order refusing the licence was wrong and since he had applied under section 321(11) of the district municipalities act which provides that if a municipal council accepted the prepayment of the fee for a licence along with an application and the refusal to issue the licence was not communicated to the ..... pressing oil), the offender shall be punished with a fine of rs. 100.5. it is common ground that on the refusal of the executive authority, which in this case was the municipal helath officer, to renew the licence, no appeal was preferred by the applicant (petitioner) to the municipal council as provided for in section 322 of the act. .....
Tag this Judgment!Court : Kolkata
Reported in : (1878)ILR3Cal64
..... given to the lieutenant-governor to take away the jurisdiction of this court was validly conferred, i proceed to consider the general and important question, whether the councils' act enables the legislative council of india to transfer to others the powers which parliament has conferred upon itself.34. now, what is the broad principle generally applicable to all cases ..... one of which i have a right to speak) has always shown the greatest care and circumspection in questioning the validity of acts passed by the indian legislature. on the present occasion it has been pressed very strongly that the view of the law which i take would lead to the most disastrous consequences. nothing has been adduced ..... 1857 does not seem to mo to confer any legislative powers at all. act xxix of 1858 was passed to meet a pressing emergency during the mutiny, and ought not, i think, to be taken as a precedent. act xiii of 1859, section 5,4 and act ix of 1860, section 9,5 are in my opinion of very doubtful .....
Tag this Judgment!Court : Chennai
Reported in : (1918)34MLJ563
..... mortgage, and gave a decree for redemption. before the high court the zemindar does not seem to have pressed the appeal on the ground that the alienations by his predecessors were not binding upon him. probably the decision of the privy council in the marangapuri case (1879) l.r. 1 i.a 282 was held conclusive on this question in ..... is not mentioned in this exhibit, but from exhibit d3 (b) it appears that he and four or five other palayagars were to come with their respective men and act as an escort of ' old lucki naick ' in conducting him from komaravadi as soon as the arrest of this escaped prisoner was effected.12. so much for the ..... in regulation vi of 1831, but as will be pointed out later, the general statutory prohibition was repealed before the date of the alienations now in question by madras act iii of 1895, and the limited prohibition contained in that enactment does not affect the present case. the further contention that the subsequent enfranchisement of the land from service, .....
Tag this Judgment!Court : Chennai
Reported in : AIR1937Mad685; (1937)2MLJ573
..... the arepalli agraharam was an estate within the meaning of section 3, clause 2 (d) of the madras estates land act. after the decision of the privy council the suits in the district munsiff's court of repalli were taken up for hearing and the plaints were directed to be ..... court from this decision. the learned district judge was of opinion that though on the question of the construction of the grant the privy council decision was conclusive of the rights of the parties, the plaintiffs will nevertheless be entitled to allege and prove that they had acquired the ..... plaintiff's predecessors-in-title had the kudiwaram interest at the time of the grant or that they subsequently acquired the kudiwaram right and therefore he did not press those issues. in seeihayya v. subramania somayajulu (1929) 56 m.l.j. 730 : l.r. 56 indap 146 : i.l.r. 52 ..... c.r.p. nos. 971, 973, 979, 980, 982, 988, 989, 990, 991 and 992 of 1934 are not pressed and are dismissed as withdrawn and there will be no order as to costs. .....
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