Court : Kolkata
Reported in : 13Ind.Cas.577
..... improbability, so that where, as in this case, forgery comes in question in a civil suit, the presumption against misconduct is not without its due weight as a circumstance of improbability, though the standard of proof to the exclusion of all reasonble doubt required in a criminal case may not be applicable cf. per willes, j., in cooper v ..... differently in similar circumstances and much of that which has been classed as improbable in this case comas to little more than a failure to observe a higher standard of precaution and to do the wisest and safest thing under the circumstances.103. the conclusion then to which i come is that gopessur did sign exhibit d ..... test which experience commends, the evidence act, in conformity with the general tendency of the day, adopted the requirements of the prudent man as an appropriate concrete standard by which to measure proof.26. the evidence act is at the same time expressed in terms which allow full effect to be given to circumstances or conditions of .....
Tag this Judgment!Court : Kolkata
Reported in : (1912)ILR39Cal245
..... improbability, so that where, as in this case, forgery comes in question in a civil suit, the presumption against misconduct is not without its due weight as a circumstance of improbability, though the standard of proof to the exclusion of all reasonable doubt required in a criminal case may not be applicable: cooper v. slade (1857) 6 h.l ..... differently in similar circumstances. and much of that which has been classed as improbable in this case comes to little more than a failure to observe a higher standard of precaution and to do the wisest and safest thing under the circumstances.30. the conclusion then to which i come is that gopessur did sign exhibit d ..... test which experience commends, the evidence act, in conformity with the general tendency of the day, adopted the requirements of the prudent man as an appropriate concrete standard by which to measure proof.10. the evidence act is at the same time expressed in terms which allow full effect to be given to circumstances or conditions of .....
Tag this Judgment!Court : Kolkata
Reported in : 39Ind.Cas.934
..... 1874, bholanath granted to nritya kali dasi, daughter-in-law of kamala kanta bose. and kasinath jana, a prajagiri settlement of 2192 bighas 10 cottas, local bigha=3,050 standard bighas, as stated in the patta, exhibit 3.7. nritya kali and kasinath on the 24th of december 1875 made an assignment to panchanan barik, a predecessor-in-title ..... rules of evidence applicable to the present case. first, the rule laid down in section 5, sub-section 5, that where the area held by a tenant exceeds 100 standard bighas, the tenant shall be presumed to be a tenure-holder until the contrary is shown. the other rule is contained in section 103b, sub-section 3, namely, ..... general mere labourers, is contrary to experience and here contrary also to the presumption arising under section 103b of the bengal tenancy act. farther in the present case the weight of the oral evidence is against the assertion of the plaintiffs, and it is clear that they have no more than 150 bighas in their own cultivation. the course .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1917Bom209; (1917)ILR41Bom580; 40Ind.Cas.701
..... were prohibited, it might be easier for the municipality to ensure that the measures actually in use should not be false or defective with reference to the verified and standard measures. the use of an honest measure of one description cannot be said to facilitate the commission of fraud by the use of-false or defective measures of ..... corporation shall have power, to pass bye-laws to prevent the practice of fraud by the use of measures which are false or defective with reference to the standard measures assumed to have been verified by the commissioner as directed in section 418. but neither under section 418 nor under section 461 has the corporation any such ..... which are immediately applicable to the present case: 'no tenant of a shop shall keep at such shop any measure which has not been duly verified by comparison with the standard measure.' that bye-law which affects the keepers of shops in private markets, purports to be enacted under section 461, clause (o) of the municipal act. this .....
Tag this Judgment!Court : Allahabad
Reported in : 43Ind.Cas.433
..... the actual measure being used, there can be no question of fraudulent intent. it is only when the seller purports to sell according to a certain standard and sells below that standard, that he can be said to be guilty of fraud. the case, in my opinion, is one which this court ought not to take up in ..... other measure was 351 inches long the magistrate who tried the case came to the conclusion that in the village where these parsons live and sell their wares the prevailing standard of measurement was 33 1/2 inches long. in respect to the one measure he, therefore, convicted harak chand and in respect to the other measure he acquitted ..... a necessary ingredient of an offence under section 266 is fraudulent intent. one knows full well that the measures of weight and measures of length which are in use in this country in villages and towns differ considerably from the standard measures laid down by government under act ii of 1829. where everybody both purchaser and seller are well aware of .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1918All174; (1918)ILR40All84
..... measure being used, there can be no question of fraudulent intent. it is only when the seller purports to sell according to a certain standard and sells below that standard, that he can be said to be guilty of fraud. the case in my opinion is one which this court ought not to take up in revision but ..... was 35 1/2 inches long. the magistrate who tried the case came to the conclusion that in the village where these persons live and sell their wares the prevailing standard of measurement was a yard of 35 1/2 inches long. in respect to the one measure he therefore convicted harak chand and in respect to the other measure he ..... a necessary ingredient of an offence under section 266 is fraudulent intent. one knows full well that the measures of weight and measures of length which are in use in this country in villages and towns differ considerably from the standard measures laid down by government under act ii of 1889. where both purchaser and seller are well aware of the actual .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1922Cal260,66Ind.Cas.782
..... so that where, as in this case, forgery comes in question in a civil suit, the presumption against misconduct is not without its due weight as a circumstance of improbability, though the standard of proof to the exclusion of all reasonable doubt required in a criminal case may not be applicable: cooper v. slade(1858) 6 h. l. ..... adopting the requirements of the prudent man as an appropriate concrete standard by which to measure proof, if, at the same time, expressed in terms, which allow full effect to be given to circumstances or conditions of probability or improbability, ..... . as was pointed out by jenkins, c. j, in gopestsur dutt v. bisiessur dutt 13 ind. cas. 577 : 39 c. 245 : 16 c. w. n. 265., the standard of proof to establish a will required by the indian statutes is that of the prudent man and not an absolute or conclusive one. the indian evidence act, while thus .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1923Cal247,71Ind.Cas.849
..... of the papers of the permanent and decennial settlement and also of the quinquennial papers and the hakikat chauhaddibandi papers. the subordinate judge has further held that the standard of measurement, when the mouzah-wari register was framed, was a cubit of 21 and. not 18 inches. the total area of the mouzas nandalalpore. paranpore ..... and sibrampore, which, according to the plaintiff, includes the lands now claimed as re-formation in situ, was about 3,650 bighas or according to standard measurement 4,968 bighas. we shall see presently that the area had diminished when the survey operations were carried out about a quarter of a century later. the ..... document or to cast doubt upon the meaning or accuracy of the entries. the. subordinate judge has, however, correctly held that criticism of this character does not carry weight. on the other hand, the judgment of mr. k.j. badshah, assistant collector, dated 5th july 1881, shows that the register books of the decennial settlement .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1930Cal729
..... on which the divorce division of the high court of justice exercise3 the discretion conferred by the proviso.7. now it is clear that since the year succeeding 1857, the standard which the english court applies in affording relief to a guilty spouse has tended to become less rigid. that this is so is specifically recognized by duke p., in tickner ..... . i think too, the fact that she has maintained her child in a way which is perfectly satisfactory, considering the position in life of the family, is entitled to some weight. she is now living a respectable life and has, i am told, made proper arrangements for the future education of the boy.12. from the moral aspect, i do not .....
Tag this Judgment!Court : Kolkata
Reported in : 129Ind.Cas.426
..... on which the divorce division of the high court of justice exercises the discretion conferred by the proviso.6. now it is clear that, since the year succeeding 1857, the standard which the english court applies in affording relief to a guilty spouse has tended to become less rigid. that this is so is specifically recognised by duke p. in tickner ..... . i think too, the fact that she has maintained her child in a way which is perfectly satisfactory, considering the position in life of the family, is entitled to some weight. she is now living a respectable life and has, i am told, made proper arrangements for the future education of the boy.11. from the moral aspect, i do not .....
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