Court : Kolkata
Reported in : AIR1932Cal93
..... | 1st wife = son = 2nd wife daughter daughter mrs. katherine | badrul alum s.m. abeda sm. siddiquo srimati badre alum. def. 4 | died 1925. khatun. bibi jehan. | def. 3. (died 1926) def. 2. | = husband md. | ibrahim, | plff. 2. | | | | daughter son s.m. badre manir golam haidar alias tepi. plaintiff defendant 5. no. 1.the two plaintiffs commenced the action ..... in that way the dedication fulfils requirements of permanency as specified in the definition of ' wakf ' given in section 2 of the mussalman wakf validating act, 1913. the act came into force on 7th march 1913 and applies to the wakf in question. what is said against it is that it is a wakf made for ..... appellant contends for the proposition is merely enunciative of a rule of evidence which must be taken to have been abrogated by virtue of section 2, evidence act. an anxiety to restrain settlers or persons claiming through them from resiling from transactions of this nature solemnly entered into by them is perfectly understandable; and .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1929Cal1
..... was doing what was either wrong or contrary to law.32. there is evidence indicating that since 1925, the appellant used at times to talk incoherently and to himself. in 1926 he claimed at different times to be (or. to have. received the titles) shelley, wordsworth, byron, and iman mahdi. then in 1927 we find him writing the ..... must at once be negatived. the accused cannot claim any exemption whatsoever under section 84, i.p.c. further, there is considerable evidence that immediately after the act in question there was a struggle between the accused and those who rushed up to him for the purpose of arresting him. the accused tried his best to resist ..... additional sessions judge that he had been engaged and had received a power from the accused, but that a senior having been, also engaged under whom he was to act. he had no instructions. the senior referred to was apparently babu jogendra, chandra dutta and he was absent. babu rama prosanna singha stated that he had received instructions .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1929Cal83,114Ind.Cas.142
..... two suits. the claim of plaintiff 1 has been dismissed in the lower court and he has not preferred any appeal. so the appeals nos. 10 and 102 of 1926 are allowed with costs. the decrees and judgment of the subordinate judge are set aside so far as they were in favour of plaintiff 2. the suits are dismissed ..... that another person is held out as the ostensible owner of such property ; (2) that such ostensible owner transfers it for valuable consideration ; (3) that the transferee has acted in good faith and has taken reasonable care to ascertain that the transferrer had power to make the transfer.13. the expression ' reasonable care ' in the section has been ..... urged by the learned counsel appearing on behalf of defendant 2 is that defendant 2 was protected in the circumstances of the case by section 41, t.p. act. it is in evidence that defendant 1 pran krishna chatterji had great confidence in defendant 3 surendra--defendant 3 surendra nath says in his deposition that he helped defendant .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1928Cal610,113Ind.Cas.181
..... party, were in possession of the property and the petitioner as auction-purchaser was put into possession under order 21, rule 95, civil p.c., on 8th february 1926. the finding is that although the petitioner was entitled to obtain possession by evicting the judgment-debtors that was not done and he obtained what is called 'symbolical possession.' ..... adjustment preventing them from culminating in a breach of the peace began with reg. 49 of 1793 and continued practically on the same lines down to the current act, viz., act 5 of 1898. the tribunal by which the adjustment was to be made was changed by reg. 15 of 1824, but the method as laid down by ..... of immovable property has been delivered to an auction purchaser under order 21, rule 25, civil p.c., that is not symbolical but actual possession and a magistrate acts without jurisdiction in proceeding under section 145, criminal p.c., and in making an order against the auction-purchaser under that section.indeedsaid he,if a magistrate would .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1927Cal636,103Ind.Cas.725
..... to the petition. having referred to the petition he says:in view of the circumstances set forth in the petition, i direct an inquisition under the indian lunacy act (act. 4 of 1912). in connexion with the proceedings in this matter major kingston, i.m.s., has been examined and he has testified to the fact that ..... members, etc. the petitioners above named having applied for inquisition and other reliefs in respect of the aforesaid lunatic's parson and properties, the 10th day of september 1926 bas been fixed for the hearing of the application, and notice is hereby given to...so that if any other relative; friend, kinsman or well wisher of the ..... considerable strength. it would appear from the petition that peary mohan roy had been attacked with insanity in the year 1918, again in 1922 and that in march 1926, he had again been suffering from marked mental derangement. attached to the petition were medical certificates in very clear and definite terms by three medical gentlemen of experience .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1927Cal496
..... order.2. the applicant at the day of his application to this court was the subject of another order made by the government of bengal under the same act and dated the 29th november 1926. that order was similar in its terms to the one i have already referred to and it directed him in effect, to go to the canning town ..... provided that the powers conferred by section 491 of the code should not be exercised in respect of any person arrested or detained in custody under the local act. the local act is an act which was intended to supplement the ordinary criminal law in bengal and the question whether or not a particular person is legally detained under it has to be ..... under ordinance no, 1 of 1924 that he should be committed to custody in the midnapore jail. on the 12th june 1926 he was served with an order made by the government of bengal under the bengal criminal law amendment act, 1925, by which he wa3 directed to proceed to midnapore, to report himself to the superintendent of police there, to .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1927Cal376,101Ind.Cas.573
..... members surfers all the members should suffer with him. but it follows from this conception of family union and responsibility (apart from debts contracted by the karta or other member of the family in the course of managing a family trading business, with which i am not concerned in the. suit) that the amenability of family property ..... 142, sadusuk janaki das v. kishan pershad [1919] 46 cal. 663, hari v. sourendra : air1925cal1153 and parbati charan mukerjee v. amarendra nath bhattacharjee a.i.r. 1926 cal. 831.11. further, if the plaintiff in this suit is entitled to recover the moneys lent as. a debt contracted by noren as karta otherwise than under the promissory ..... his name is the real name of the person liable for the bill... their lordships attention was directed to sections 26, 27 and 28 of the negotiable instruments act, 1881, and the terms of those sections were contrasted with the corresponding provisions of the english statute. it is unnecessary in this connexion, to decide whether .....
Tag this Judgment!Court : Kolkata
Reported in : 85Ind.Cas.919
..... for answering falsely questions asked under section 342 but the court shall draw such inferences as seem just from such refusal.'30. the above was the law introduced by act x of 1872. to say the least the wording of the statute was dangerously wide. for some time it went on being administered in the courts producing all ..... made compulsory and a provision was introduced allowing a discretion in courts for the examination of accused persons in all other enquiries and trials. the relevant sections in. that act were as follows:section 193 in the chapter 'of enquiry into cases triable by the court of session or high court' ran thus: 'the magistrate may from time ..... object aimed at was to elicit the truth by enabling the accused to explain matters and also clearing up obscure points by means of such explanations.25. then came act x of 1872 in which the discretionary nature of the examination was retained so far as enquiries into, cases triable exclusively by the court of session were concerned, .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1925Cal161,84Ind.Cas.451
..... cause a failure of justice.29. the question still remains whether apart from this inadmissible evidence, there was (to use the language of section 167 of the evidence act) ' sufficient evidence to justify the decision' as against harendra.30. the jury had before them the evidence of the approver brojendra and the convict nemai. their statements ..... stage in the proceedings.'25. the explanation evidently does not apply to a misdirection on the part of the judge.26. again section 167 of the evidence act says:-' the improper admission....of evidence shall not be ground of itself for a new trial or reversal of any decision in any ease, if it shall ..... were inadmissible at the trial because the magistrate was not an ' authority legally competent to investigate the fact ' within the meaning of section 157 of the evidence act. this point was considered by the learned judges who heard the former appeal and decided against the appellants. they accepted the arguments advanced by the learned counsel for .....
Tag this Judgment!Court : Kolkata
Reported in : 78Ind.Cas.836
..... rent from their landlords. the judgment under appeal proceeds upon the basis that that entry attracts the presumption under section 103 b, sub-section (3) of the bengal tenanoy act ; in other words, that it shall be presumed to be correct until it is proved by evidence to be incorrect. accordingly, the learned judge of the lower appellate ..... entry comes nearest, at all events, to sub-clause (m) which is ' the special conditions and incidents, if any, of the tenancy.' the provisions of the bengal tenancy act as regards the method of making and preparing the records of rights provide for the preliminary publication of a draft. the revenue officer is to publish the draft in the ..... of proof rests on the appellant in such a case as this both on general grounds and by reason of the provisions of secticn 114 of the indian evidence act. but this burden is one which shifts easily as the evidence is developed and their lordships do not, after considering facts which appear to them to be sufficiently .....
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