Court : Kolkata
Reported in : AIR1943Cal285
..... of the lieutenant governor their lordships think that it is a fallacy to speak of the powers thus conferred upon the lieutenant governor (large as they undoubtedly are) as if, when they were exercised, the efficacy of the acts done under them would be due to any other legislative authority than that of the governor general in council where plenary powers of legislation exist as to particular subjects, whether in the imperial or in a provincial legislature, they ..... government of british india or any part thereof, and any ordinance so made shall, for the space of not more than six months from its promulgation, have the like force of law as an act passed by the legislature; but the power of making ordinances under this section is subject to the like restrictions as the power of the indian legislature to make laws; and any ordinance made under this ..... following classes, namely: (i) special judges; (ii) speoial magistrates; (iii) summary courts.section 4 provides:the provincial government may appoint to be a special judge for such area as it may think fit any person who has acted for a period of not less than two years in the exercise of the powers of a sessions judge or an assistant sessions judge under the code of criminal procedure, 1898 (hereinafter in this ordinance referred to as the ..... the validity of an act known as the canada temperance act, 1878, was challenged on the ground that it was ultra vires of the powers of the parliament of canada under the british north america act, 1867. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1944Cal364
..... the principles on which the court acts in the matter of review of taxation are well settled. ..... the will was duly probated on 1st may 1867.3. ..... the originating summons was concerned with the will dated 3rd august 1863 of raja sir radhakanta deb bahadur who died on 19th april 1867. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1943Mad677; (1943)2MLJ99
..... then follows the operative portion of the deed, after which there are these statements:whereas the properties are now in the occupation of tenants under the donor acting through her agent haji hakim muhammad abdul wahib sahib, the said agent has been made to attorn to the donee in respect of the properties and the donee has also been given the ..... their lordships desire not to say a word which could interfere with the settled principles on which the court acts in considering the deeds of pardanashin ladies, or could tend to lessen the protection which it is the duty of the court to throw around those who are unable to ..... all these things in mind, and reviewing the whole evidence, they come to the conclusion that the lady knew perfectly well what she was doing, and that in every sense the act was her own act.where undue influence is alleged it is necessary to examine very closely all the circumstances of the case. ..... if the evidence establishes that in transferring the property the act is the free and independent act of the settlor the transaction will stand, whether there has been advice ..... it appears to their lordships to have been a most natural act, and one which a right-minded person would be disposed ..... the settlor, the nature of the settlement, the circumstances under which it was executed, and the whole history of the parties, it is reasonably established that the deed executed was the free and intelligent act of the settlor or not.18. ..... bibi (1867) 11 ..... mohundee begum (1867) 11 .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1943Cal440
..... it appears that the company had entered into a scheme of composition with its creditors under section 153, companies act, and after the scheme was sanctioned by this court the then managing director, purna chandra bhoumik got a resolution adopted at a general meeting of the share-holders held on the date mentioned aforesaid, that no share ..... in the first place there was a dispute in that case as to whether it was registered under the companies act and consequently section 33 was not at all attracted to it. ..... the whole scheme of the companies act seems to be that the company has got to proceed on the basis of its own register of members and it is neither obliged nor competent to enquire into the rights of other persons whose names are not entered in it. ..... under section 30, companies act, a person cannot be made a member of a company unless his name is entered in its register as a member. ..... (1867) 3 eq. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1943Cal544
..... reason for entertaining the fourth point is that it arises in the form in which it has been argued by the learned advocate for the j appellant only after the amendment of the bengal tenancy act in 1939, an amendment which was made after the judgment of the lower court, and our reason for entertaining the second point is that it depends mainly upon the construction of the several patni ..... held following earlier cases that the words 'the area for which rent has been previously paid' in section 52, bengal tenancy act, mean the area with reference to which the rent previously paid has been assessed or adjusted. ..... was that if the plaintiffs have the right to impose additional rent on lands which are accretions to the patnis, they can do so only in conformity with section 52, bengal tenancy act, but that they have failed in this suit to satisfy the requirements of that section. ..... now it is clear from the decisions, of this court under section 52, bengal tenancy act, that the 'area for which rent has been paid' means the area as settled or supposed to be settled by the ..... are bound to hold that the present suit was a pending suit on 27th august 1939, when act 13 of 1939 came into force because this appeal was pending on that date. ..... in the diara proceedings of 1867-68, lands gained from the bed of the river padma as shown in the revenue survey map of 1852 53, plus a strip of land, which was really outside that bed but was taken by mistake by the diara authorities ..... in 1867-68 government made .....
Tag this Judgment!Court : Privy Council
Reported in : AIR1943PC76
..... wide ground may be stated thus :- first, a denial of the contention that the act wag within any of these heads; secondly, an argument that the act is legislation within the words " bankruptcy and insolvency" in s.91 (21), british north america act; thirdly, a claim that the act is legislation in relation to various other subjects enumerated in s. 91 and affects inter ..... not so as to restrict the generality of the foregoing terms of this section it is hereby declared that (notwithstanding anything in this act) the exclusive legislative authority of the parliament of canada extends to all matters coming within the classes of subjects next hereinafter enumerated ..... other proceeding thereunder either by virtue of rights of property at common law or under a statute passed prior to this act; (f) no proceedings by a lessor, mortgagee, vendor or other person claiming possession of a share of crop in any case where the provisions of the crop payments act apply; and (a) no action respecting such other class of legal or other proceedings as may be brought within the ..... act now under consideration (to be hereafter generally referred to as "the act") is the last of a series of legislative attempts to relieve the distress of resident farmers and others while keeping within the legislative powers of the province as laid down in the british north america act, 1867 ..... 1867 the statutory law of bankruptcy in england depended on the bankruptcy law consolidation act 1849 as amended by the bankruptcy .....
Tag this Judgment!Court : Chennai
Reported in : AIR1944Mad410
..... learned crown prosecutor at the trial have been stressed by learned counsel for the accused and he urges that it is not now open to the prosecution to maintain that the prospectus contains false representations, or to contend that acts of criminal breach of trust in respect of the company's funds after the company had been formed can be taken into account for the purpose of deciding the intention with which the prospectus was drawn and ..... , as he then was, had directed the jury that the language of section 84, larceny act, was wide enough to cover a written statement that was false not in any specific facts or figures, but 'false because of what it does not state, because of what it implies. ..... under the penal code if two or more persons agree to issue a document and by the concealment of facts to deceive the public and fraudulently or dishonestly induce them to deliver property, the offence of conspiracy to do or cause to be done an illegal act, namely, cheating, is completed. ..... under section 84, larceny act, a director of a body corporate or public company is guilty of a misdemeanour if he makes, circulates or publishes any written statement or account which he shall know to be false in any material particular with intent to induce any person to entrust or advance property to the ..... (1867) 4 eq. ..... chari were at madras between november 1935 and october 1936, parties to a criminal conspiracy with the object of committing certain illegal acts, viz. ..... 586 were laid under section 84, larceny act. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1943All101
..... embodied in this family arrangement was in recognition of the antecedent title of each other and the transaction in no sense can be regarded as a gift by the daughters to the daughters' sons so as to attract the provisions of the transfer of property act relating to gifts for the purpose of stamp and registration and this transaction comes within the principles in ramgopal v. ..... to take it the estate cannot remain in abeyance and it automatically goes to the reversioners, and this transaction whatever else it may be is not a gift or a transfer which comes within the scope of the transfer of property act in the circumstances mentioned above.23. ..... was merely prompted by respect for his father's intentions and by his affection for his brother, both most excellent and praiseworthy motives, but scarcely sufficient to constitute such a consideration as would convert an act of kindness into a binding engagement. ..... was merely prompted by respect for his father's intentions and by his affection for his brother, both most excellent and praiseworthy motives, but scarcely sufficient to constitute such a consideration as would convert an act of kindness into a binding engagement. ..... -known case in (1867) 2 ch. a. ..... that the case in (1867) 2 ch. a. ..... (1867) ..... case in (1867) 2 ch. ..... in (1867) 2 ..... williams (1867) 2 ..... williams (1867) 2 ..... in (1867) 2 ..... williams (1867) 2 ..... (1867) ..... williams (1867) 2 ..... williams (1867) 2 ..... judges delivered separate judgments and each of them has mentioned the case in (1867) 2 ch. a. ..... williams (1867) 2 .....
Tag this Judgment!Court : Chennai
Reported in : AIR1943Mad610; (1943)1MLJ347
..... undoubtedly he is the riparian owner from the point where the stream enters the zamindari in the north to point p, and unless the madras irrigation cess act applies he is entitled to withdraw water from the stream from this part for the irrigation of his lands lying to the north of point p, provided that he does not interfere thereby with the rights of others. ..... time to time:provided that where a zamindar or inamdar or any other description of land-holder not holding under ryotwari settlement is by virtue of engagements with the crown entitled to irrigation free of separate charge, no cess under this act shall be imposed for water supplied to the extent of this right and no more.9. ..... subject to the question of the application of the madras irrigation cess act his rights are those referred to by the privy council in secretary of stale for india v. ..... the irrigation cess act empowered the government to levy the cess whenever water flowing from a work constructed by government was used for irrigation purposes. ..... all that the act required was that water from a government source should irrigate the land in question, and in the opinion of the collector the irrigation should be beneficial to, and sufficient for the requirements of the crop.10. ..... the provisions of the act which have bearing here are contained in section 1 down to the end of the first proviso. ..... with regard to this area the subordinate judge found that a permanent exemption from the payment of water cess had been granted in 1867. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1943All26
..... are reported to have observed as follows:after the quasi-federal distribution of legislative powers which was effected by the british north america act in 1867, it is clear that the power to pass laws regulating the pilotage system of the harbour was given exclusively to the dominion parliament ..... the marginal note to section 6 is 'hearing of proceedings in camera' and sub-clause (1) of that section inter alia provides:if, as respects any proceedings before a court (whether instituted before or after the commencement of this act), the court is satisfied that it is expedient, in the interests of the public safety or the defence of the realm so to do, the court (a) may give directions that, throughout...the proceedings, such persons or classes ..... of emergency, make and promulgate ordinances for the peace and good government of british india or any part thereof, and any ordinance so made shall have the like force of law as an act passed by the indian legislature : but the power of making ordinances under this section is subject to the like restrictions as the power of the indian legislature to make laws....5. ..... if there is absence of power in the directing authority there is absence of special jurisdiction in the magistrate or the judge and even if the magistrate or the judge purports to act like a special magistrate or a special judge he remains for all purposes an ordinary magistrate and an ordinary judge under the criminal procedure code and there is no difficulty in holding that all .....
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