Court : Kolkata
Reported in : AIR1927Cal956
..... he also relies upon an ekrar said to have been executed in his favour by his adult brothers and his mother acting as guardian for his infant brother with regard to his sole right to succeed to the estate left by his father. ..... the difference will be apparent from a-brief historical survey of taluks in bengal.the word 'taluk' is derived from the arabic word alak which signifies 'to hang from', 'to depend upon': alak also means a leech which hangs from the body to which it has attached itself and another ..... the zemindar parts with all control over his property, and all interest in it except; to an annual rent which has been likened to what in england is called a quit-rent.15. ..... it follows, therefore, that that case decided by the learned judges of this court is still good law. ..... in bengal the taluk was subordinate to the zemindar but not always. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1944Cal138
..... the summons of the suit on sir john burns was served on a person at liverpool who had control of his liverpool branch office, under the provisions of order 48a, rule 3 of the rules of the supreme court, which corresponds to order30, rule 3, civil p.c. ..... business may be carried on by correspondence and orders may be, and are usually, placed from one part if the world to another through post and goods may be supplied on credit on such orders. ..... ramgopal : air1926all337 a case under section 4, companies act, is also a case where that view was taken.16. ..... , or the bengal traders bureau. ..... or the bengal traders bureau, but takes meat on credit in his own name from a butcher, the butcher cannot take advantage of the provisions of rule 10 and sue him in the name of either john smith & co. ..... the question was whether the service was good. ..... ' the singular number is there, but the word 'person' must be given the meaning assigned to it by section 3 (39), general clauses act. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1925Cal34
..... person whatever, whether a subject of her majesty or not, although not resident within the united kingdom from...any trader-exercised within the united kingdom', and chapter 35, section 41 of the income tax act of 1842, provides 'any person not resident in the united kingdom whether a subject of her majesty or not shall be chargeable in the name of --any factor, agent or receiver, having ..... arising within british india and shall be chargeable to income-tax in the name of the agent of any such person, and such agent shall be deemed, for all the purposes of this act the assessee in respect of such income-tax,' the contention of the government is that although the income neither actually accrued, arose nor was received in british india such income, as laid down ..... no sales are conducted in india by the company; their transactions are limited to the purchase of shellac and other goods, some of which are purchased on account of a certain gramophone company which pay the company a fixed percentage on ..... section 41 of the same act provided as follows:and be it enacted that the trustee, guardian, tutor, curator or committee of any person being an infant, or married woman, lunatic, idiot or insane, and having the direction, control, or management of the property or concern of such infant, married woman, lunatic, idiot or insane person, whether such infant, married woman,, lunatic, idiot or insane person ..... , bengal, under the provisions of section 66 of act xi of 1922, and section 51 of act vii .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1934Cal448
..... kali pado mukherji's case air 1980 cal 686 was one in which in a suit to obtain a declaration and also a consequential relief in the shape of an injunction and so falling under section 7(4)(c) of the act, but the plaintiff instead of valuing the suit for a single sum of his own choice had erroneously valued the suit in parts, that is to say the declaration at a certain figure as under article 17(3), schedule 2 ..... and the injunction at another figure as in a suit under section 7(4)(d) and he had put a third valuation for the purposes of jurisdiction under the suits valuation act, it was held that the valuation was not in accordance with law and so it might be corrected by the court by adopting the procedure prescribed in order 7, rule 11 of the code. ..... given by him in his plaint and to reject the plaint in case the plaintiff fails to do so, appears in a procedural code, while nothing as to such correction is stated in the taxing statute itself namely the court-fees act (7 of 1870), yet the two enactments have to be read together and simultaneously given effect to when there is nothing in neither enactment expressly indicating any contrary intention. ..... of opinion therefore that section 7 sub-section (4), court-fees act (7 of 1870) should be read as controlled by order 7, rule 11. ..... present case is a very good example of the necessity of ..... decision, of this court in the case of the official trustee of bengal v. .....
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