Court : Kolkata
Reported in : AIR1915Cal411(2),28Ind.Cas.876
..... been preferred by the auction-purchasers in each of the four execution cases.3. the only point which has been pressed before us is that the applications are time-barred. it is contended that as the judgment of the privy council was delivered on february 11th, 1913, and the first respondent's application for execution was not made until september ..... was asked to make a special declaration that the sale was annulled, their lordships said, that appears to us to be unnecessary. for the purposes of section 34 of act xl of 1859, we consider that the sale is already annulled by the decree for possession.' they cannot have been thinking of the period of limitation prescribed by section ..... 5. it appears to me that the appellants' contention fails for two reasons. the first is, that the judgment of the privy council was not the final decree of a civil court annulling a sale made under the act. the decree of this court was to this effect: (1) the order of the commissioner dated june 21st, 1900, was .....
Tag this Judgment!Court : Chennai
Reported in : (1928)55MLJ102
..... before it was presented for registration, the plaintiff-donee got no title. on these facts the case went to the privy council, the donee being the appellant. their lordships set out the facts in detail and the view of the learned judges and considered ..... support the contention of mr. krishnamachariar, but we think that the matter is coneluded by the decision of their lordships of the privy council in amba alias padmavathi v. srinivasa kamathi 26 c.w.n. 369. this decision was an appeal from a decision of abdur rahim ..... the interests of the de jure guardian were adverse to those of the minor, and he was disputing the document, were pressed before their lordships, but we cannot say that this aspect of the case was not presented to their lordships in the course ..... decision of their lordships of the privy council in amba v. srinivasa kamathi 26 c.w.n. 369 appears to me to suggest that it is only by virtue of clause (b) of section 32 of the registration act that a guardian can present a document .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1923Cal74,72Ind.Cas.663
..... reference had been made by petheram, c.j., and prinsep, j., to the report of a select committee when the bill, which subsequently became the administrator-general's act, was before the legislative council; trevelyan, j., had, on the other hand, hesitated to adopt such a course, even though there was precedent in its favour in the full bench decision in queen ..... the landlords--and the attempt has been resolutely repeated here--to place a restricted construction on section 50, by reference to the report of the select committee of the legislative council of the governor-general which considered the draft of the bengal tenancy bill at the final stage. it is well-kwnon that there was, at one time, some divergence ..... singh (2) and in ram dyal singh v. luchmee narain 14 w.r. 388 : 6 b.l.r. app. 25, jackson j., when pressed with the decisions in yacoob hossain v. wahed ali 4 w.r. act x rul. 23 : 1 ind. jur. (n.s.) 20 and thakoor pershad v. nowab syud mahomed baker 8 w.r. 170 described in graphic .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1930Bom95; (1929)31BOMLR1235
..... deputy collector a order and directed that the tenants should be given occupancy rights on the usual terms, the appellant appealed to the divisional commissioner and to the governor in- council. his appeals have been rejected. has consequently filed this suit. the relief ho claimed in the suit were, (1) that the order of the collector, dated june 12, 1917 ..... to be an occupancy tenant of the land. but the issue which was raised in the district judge's court as to estoppel, being issue no. 4, was not pressed in that court and appears to have been given up. in any case, as i have already stated, it seems to us that the district deputy collector's order was ..... . ordinarily, the duties of a district deputy collector are regulated by the land revenue code, and as has been insisted on by mr. koyajee, section 10 of that act provides that an assistant or deputy collector, placed in charge of a taluka or sub-division, shall perform all the duties and exercise all the powers conferred upon a collector .....
Tag this Judgment!Court : Chennai
Reported in : AIR1915Mad756(2); (1914)27MLJ734
..... hold that the previous litigation related to the ascertainment of rent. before their lordships of the privy council, it was argued that as under section 14 of the act, rent remaining unpaid at the end of the year became an arrear of rent, it must be ..... in court.5. the decision in upendra nath nag chowdhury v. surya kahta roy chowdhury 20 ind.cas. 205 distinguishes the privy council case on the ground that an alternative claim for rent could have been added in. whether this view is consistent with the ..... the decisions to which our attention has been drawn do not directly relate to the point we have to determine. it was pressed on us, by the vakil for the appellant that as the interpleader suit was in a civil court, even if it related ..... finally adjudicated upon. we think this would be straining the language too far. their lordships observe 'the object of a limitation act is presumably to compel people who have actionable claims to sue upon them with due promptitude or to forfeit the right to do .....
Tag this Judgment!Court : Mumbai
Reported in : (1939)41BOMLR1150
..... , 1937,- it was considered by the board to be desirable that the powers conferred by sub-section (4) of section 66 of the act should be employed to obtain further information. accordingly by an order in council dated july 29, 1937, it was directed in accordance with the advice tendered by the board :(2) that the case ought to be ..... at ordinary commercial rates for the advantages which it affords. as against this the evidence or findings do not disclose that any profit was made by the newspaper or press before 1918, and it is at least certain that neither was founded for private profit whether to the testator or any other person. by the terms of the trust ..... . the third trust was declared by the 20th and 21st paragraphs of the will in the following terms :-xx. that my property in the stock and goodwill of the tribune press and newspaper in anarkali, lahore, shall vest permanently in a committee of trustees consisting of the following members, viz. :-1. babu jogendra chandra bose, m.a., b.l., .....
Tag this Judgment!Court : Mumbai
Reported in : (1919)21BOMLR867
..... circumstances :-there are in india two legislative acts of the governor-general of india in council relating to printing, one being the printing presses and newspapers act no. xxv of 1s67. and the other being act no. i of 1910 entitled 'an act to provide for the better control of the press, ' and shortly ' the indian press act, 1910. ' under the first act, section 4, the person who keeps in ..... his possession a printing press must make and subscribe a .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1944Bom255; (1944)46BOMLR459
..... one occasion and is not therefore binding on us. i am not prepared to do so. under section 212 of the government of india act the decisions of the federal court are binding on us. the privy council decision in tilak's case is more than forty-five years old, and that in mrs. besant's case twenty-three years old, and ..... mad. 1085, s.b. which was a case under section. 3, 4, 17, 19, 20 and 22 of the indian press act of 1910, the madras high court took the same view as regards the meaning of section 4 of that act, the language of which was very similar to the language used in section 124a of the indian penal code and rule ..... case went up in appeal to the privy council (besant v. advocate-general of madras i.l.r. (1919) mad. 146 : 21 bom. l.r. 867 their lordships observed that though the language of section 4 of the indian press act, 1910, was not precisely the same as that of section 124a of the indian penal code, it was closely similar to the .....
Tag this Judgment!Court : Mumbai
Reported in : (1945)47BOMLR233
..... existence and 'they are to do all things which may be necessary for the furtherance of its objects.' there is of course a special provision enabling the council to act as an agency on behalf of the congress to receive self-spun yarn as subscriptions to the congress, but that has been rightly regarded as a separate and ..... purposes of general public utility. these last are very wide words. their exact scope may require on other occasions very careful consideration. they were applied in the tribune press case without any very precise definition to the production of the newspaper in question under the conditions fixed by the testator's will. the board stated (at p. ..... not hold that it was beyond the pale of legitimate charitable trusts.17. this general line of reasoning seems to accord with that of the board in the tribune press case. the english cases there cited do not turn on the words 'general public utility,' but they illustrate how courts of first instance in england have actually .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1940Bom216; (1940)42BOMLR428
..... court as given by the letters patent is subject to the legislative powers of the governor general in council. under the provisions of section 22 of the indian councils act of 1861, 24 & 25 vic, c. 67, the governor general in council has power to make laws for all courts of justice in british india. under the provisions of section ..... , since the report showed that the contention that section 588 of the code of civil procedure modified the letters patent was not only distinctly raised but also strongly pressed by counsel in their arguments before the judicial committee. the question was again considered by another full bench of the madras high court in paramasivan pillai v. ramasami ..... be regarded as obiter. the contention that section 588 modified clause 15 of the letters patent was not only distinctly raised, but was also strongly pressed by counsel in the argument. their lordships had, therefore, to give a decision upon the soundness or unsoundness of that contention, and that they did in .....
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