Court : Kolkata
Reported in : 4Ind.Cas.466
..... fide intention on the part of the donor to divest himself in presenti of the property, and to confer it on the donee. the question whether the transfer of property act was applicable was apparently not considered in mahomed esuph ravutan v. pattamsa ammal 23 m. 70 nor is it stated whether the deed of gift in that case was registered ..... transactions do not require delivery of possession, but, if it be granted that they were sales, they must come within the provisions of section 54 of the transfer of property act. that they are sales seems to us to follow from the definition given in that section and besides the section the following authorities may be cited, namely, macnaghten's mahomedan ..... is invalid by reason of the fact that possession was not delivered. if it is a sale or exchange, it is invalid under the provisions of the transfer of property act.4. it appears to us that the so-called gift was a sale. according to the plaint it was made in consideration of a dower debt of rs. 49, and .....
Tag this Judgment!Court : Kolkata
Reported in : 15Ind.Cas.698
..... ought not to be treated as a hiba bil-iwaz but as a deed of sale, and that, consequently, notwithstanding the provisions of section 129 of the transfer of property act, the validity of the instrument ought to be tested with reference to the provisions of section 54 of the transfer of property ..... act which provides that there may be a valid sale by delivery of the property. in our opinion, there is no force in this contention. the document in this case cannot .....
Tag this Judgment!Court : Kolkata
Reported in : (1913)ILR40Cal477
..... criminal procedure code distinctly says so. section 478(2) also shows that where a munsif makes the inquiry himself, instead of sending the case to a magistrate for it, he acts criminal court.holmwood j.115. it is only under sections 36 and 41 of the criminal procedure code that criminal courts may be constituted.116. supposing the high court revised ..... courts and banerji j. points out that the same conflict has occurred in bombay: queen-empress v. rachappa (1888) i.l.r. 13 bom. 109 and in re bal gangadhar tilak (1902) i.l.r. 26 bom. 785.17. but we are only concerned with the decisions of this court, and the questions therefore which we refer ..... criminal procedure code? and, if so, whether the civil appellate or the criminal appellate side has jurisdiction? my contention is that when a court proceeds under section 476, the court acts as a criminal court, whether it is a civil, revenue or a criminal court, and the criminal appellate side of the high court has jurisdiction to interfere under .....
Tag this Judgment!Court : Kolkata
Reported in : (1914)ILR41Cal446
..... of 1861 and has been perpetuated in subsequent legislation: and it seems to me of some significance that that code was passed in 1861 two years after the vexatious indictments act had been passed in england the object of which was certainly to prevent what i have called improper prosecutions, and nothing else.27. i have only to add that, in ..... affected by sanction being granted. from this it follows that there is no reason why the court to whom the application for sanction is made, should perform any of the acts that will fall within the scope of the magistrate's duty if sanction is granted: and there is a very good reason why it should not, namely, that the same ..... ) 5 w.r. cr. 98 queen v. issen chunder ghose patri (1870) 14 w.r. cr. 53 emperor v. bal gangadhar tilak (1904) i.l.r. 28 bom. 479, 498 russell on crimes, 7th edition, vol. i, p. 508, woodroffe's evidence act, 5th edition, p. 837. in the present case, if a prosecution is instituted, the only evidence for the prosecution .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1923Cal240,70Ind.Cas.194
..... this connection, we cannot overlook that although the judgment in the suit, by karimannessa against abdul kader, is admissible in evidence under section 13 of the indian evidence act, the findings contained therein cannot be treated as part of the evidence in this case. as was explained in kasi nath pal v. jagat kisore acharjee 35 ind. ..... might have been anticipated, denies that she became an attesting witness. we are not able to hold, in these circumstances, that the subordinate judge should not have acted on the evidence of abdulla khan. but it has been urged that great suspicion attaches to the document by reason of the diversity between what purports to have ..... registered on the 26th july 1899. on the 22nd march 1900 asia was, on her application, appointed by the district judge as guardian under the guardians and wards act, 1890, to administer the estate of her infant sister, sufia, during her minority, which,' it was stated in the certificate, would continue until the 13th december 1906 .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1934Cal58,147Ind.Cas.1064
..... attorney's costs have not been provided for in the order for change unless it be a case where the attorney by his own misconduct has discharged himself from further acting as attorney. but it is unnecessary to refer to my own experience here in this court, because i am fortified in the view i take by authorities which are ..... of the paper-book and it runs thus:it is ordered that the said defendant, sudheerkumar shikdar, be at liberty to discharge the said mr. p. k. ghosh from further acting as the attorney for the former in this suit and to appoint mr. p. l. mitter as his attorney in this suit. and it is further ordered that the said ..... been brought to a hearing, when an application was filed on 8th march 1932 for an order thatbabu pankajkumar ghosh, attorney for the applicant sudheerkumar shikdar, be discharged from further acting as his attorney and that babu p. l. mitter, an attorney of this court, be appointed in his place as attorney for the applicant in the suit and that the .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1939Cal92
..... trading family persists even; after severance and is enlarged into something akin to an ordinary contractual partnership, because all the essentials of the definition contained in section 4, partnership act, are present. this is shown by or is to be inferred from the statement in the terms of settlement as regards the 'meeting losses,' to which i referred ..... a consequential decree or not : girja bai v. sadashiv dhundiraj (1916) 3 a.i.r. p.c. 104 : see also the opinion of sir george lowndes in bal krishna v. ram krishna , where his lordship says this:it is now settled law that a separation may be effected by a clear and unequivocal intimation on the part ..... ownership in a trading business created through the operation of hindu law between the members of an undivided hindu family, cannot be determined by exclusive reference to the contract act (9 of 1872). it must be considered, also with regard to the general rules of hindu law which regulate transactions of united families. melvill j. in his .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1944Cal428
..... for in the matter of filiation, as in the case of secondary sons of other descriptions recognized in the ancient hindu law, 'the husband is the prime author of the act (of filiation) and the wife is only the instrumental means.' he pointed out that his view on the point was not inconsistent with the view that a husband could adopt ..... without the concurrence of his wife, as 'by reason of superiority of the husband by his mere act of adopting the filiation of the adopted as son of his wife is completed.' having regard to the question he was discussing existence of a wife must of necessity be ..... his soul from falling into the region of torment. where therefore a person has no aurasa son but creates a substitute by adoption he does the act primarily for his own spiritual welfare. that act would no doubt result in conferring benefits on the adopter's ancestors, for the adopted son would offer to them pindas at the parvana sradh but .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1945Cal159
..... before the committing magistrate, it must nevertheless be remembered that this application of section 288 of the code is 'subject to the provisions of the evidence act, 1872.' in substance the prosecution sought to contradict the evidence given by baser before the trial judge by a portion of his statement made before the ..... which therefore should not have been admitted in evidence.14. further, 13 depositions of prosecution witnesses before the committing magistrate were filed under section 145, evidence act, apparently for the purpose of contradicting some portion of the testimony which these witnesses gave before the learned judge. in the case of the majority of these ..... which he was recorded as having made before the committing magistrate. there was there fore no compliance with section 145, evidence act, and these previous statements should not therefore have been admitted in evidence. in bal gangadhar tilak v. sriniwas ('15) 2 a.i.r. 1915 p.c. 7 the judicial committee of the privy .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1947Cal73
..... argued on behalf of the respondent that the law laid down in the above case goes further than is warranted by the express language of section 66, t.p. act, and a lease would be binding upon the mortgagee if it is not destructive or permanently injurious to the property or if the security is not rendered insufficient thereby. ..... a, simple mortgage in india unlike a legal mortgage in england does not arrest the mortgagor's power of lease in the ordinary course of management, and the mortgagor acts within his powers in creating a temporary lease which does not impair the value or impede the operation of the mortgage. the matter was considered elaborately by mookerjee and ..... lease is binding on the mortgagee or not is to be determined with reference to the law as it stood prior to the introduction of section 65a, t.p. act. under the old law, it seems that different views were expressed by different judges as regards the powers of the mortgagor to lease the mortgaged property. one line of .....
Tag this Judgment!