Court : Punjab and Haryana
Decided on : Oct-04-1954
Reported in : AIR1955P& H197
..... and automatic stay of all proceedings and prohibition to bring suits, the tribunal alone becomes the authority for the decision of all matters which are covered by the act and therefore the jurisdiction of civil courts is barred.69. now as i read the section, clause (a) deals with original proceedings by way of suit, arbitration proceedings or proceedings in insolvency which can ..... be appointed by the state government by notification specifying any civil court or class of civil courts to act as such. it follows therefore that only some of the civil courts which are authorised under this act can act as tribunals, but they are given additional powers which are peculiar to the act and which were not exercisable by them as ordinary civil courts.96. therefore it appears to me that the ..... v. brett, (1875) 20 eq 1 (z18a), that so strong a leaning now exists against construing a statute so as to oust or restrict the jurisdiction of the superior courts (scott v. avery, (1856) 5 i1lc 811 (z19))......'44. in -- earl of shaftesbury v. russel, (1823) 25 rr 534 (z20), it was enacted 'that if any question or difference shall arise upon ..... taking any distress, the same shall be determined by the commissioners of taxes'; and it was held that as the jurisdiction of the superior courts was not expressly taken away, an .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Mar-22-1954
Reported in : 1954CriLJ1093
..... federal or unitary, or something of lesser importance. - 'secy. of state v. moment', 40 ind app 48 (pc) (z8), it was held that section 41(b) of burma act, 4 of 1898, which barred civil courts from determining a claim to any right over land as against the government was ultra vires, as it was in contravention of section 85, govt. of india ..... :any authority or person acting in pursuance of this regulation shall interfere with the ordinary avocations of life and the enjoyment of property as little as may ..... special tribunals the ordinary procedural law in criminal cases as well as certain civil laws such as the land acquisition act etc., were changed for the purposes of the regulation and it was laid down that:save as otherwise expressly provided by or under this regulation the ordinary criminal and civil courts shall continue to exercise jurisdiction.by section 15 the regulation prescribed that ..... act, 1858. so in - 'purbho das v. sarkar-e-ali', 35 deccan lr 228 (z9), a pull bench of this court held that the punishment contained in paragraph 7 of notification .....Tag this Judgment!
Court : Kolkata
Decided on : Aug-26-1954
Reported in : AIR1956Cal375,60CWN224
..... annas depends on the answer to the question whether it is a bail bond 'given in pursuance of an order made by a court under the provisions of the civil procedure code'. the sixth clause of schedule ii, court-fees act provides for a court-fee of eight annas on a'bail bond or other instrument of obligation given in pursuance of an order made by a ..... not registered as required by law, there was not a proper compliance with the conditions prescribed in the proviso to section 17(1), provincial small cause courts act, and, therefore, the application under order 9, rule 13, civil p. c. was not maintainable.3. the matter came up for hearing before chunder, j. and his lordship remanded the case to the small cause ..... and as it was not registered it was not a valid and effective bond. consequently, the condition in section 17(1), provincial small cause courts act was not complied with.17. the application under order 9 rule 13, civil p c has, therefore, been rightly rejected. i would, therefore, discharge this rule. but, in the circumstances of the case, the parties would bear ..... not is of little consequence.the fact remains that the proviso as enacted in section 17(1), provincial small cause courts act is not in the civil procedure code. order 9, rule 13, civil procedure code may properly be said to be a section of the civil procedure code. if order 9, rule 13 had provided for any order for a bond, the bond might have been considered to have been .....Tag this Judgment!
Court : Himachal Pradesh
Decided on : Mar-16-1954
Reported in : AIR1954HP63
..... rather narrow view of the scope, of rule 18(a). it seems to me, that if disputes like this can be referred to the civil court then the very object of the act would be defeated.6. the result is that i allow the appeal, set aside the order passed by the learned district judge of mandi ..... v. kali kumar nath', air 1940 rang 145 (j). there, with reference to a rule framed under the burma co-operative societies act, it was held that the jurisdiction of the civil court to try a suit by the society for the recovery of a loan advanced to one of its members was not barred..4. 'vinkar ..... registrar in the matter of a dispute between a member and a society the common law remedy by an action in a civil court has by necessary implication been taken away. the object of the act is to encourage thrift, self-help and co-operation among agriculturists, artisans and persons of limited means and it will ..... hara dayal v. chandpur central co-operative bank ltd.', air 1938 cal 394 (i). this was a single judge ruling and the decision was that the civil court had jurisdiction to try a suit for declaration that the constitution of the board of management of a co-operative society was illegal and it had no authority ..... of the society and the intention of the act was that this and any dispute of a similar character should be referred for the decision of the registrar or the arbitrator appointed by him in accordance with the rules made under section 43 and not to the civil court.'(f) 'dasaratha row v. subba row', air .....Tag this Judgment!
Court : Chennai
Decided on : Aug-20-1954
Reported in : AIR1955Mad187
..... part of the judgment of the privy council was that the conduct of the importer in filing an appeal and revision under sections 188 and 191 of, the act without resorting to the civil courts amounted to an election of remedies. in the present case the importer has not availed himself of the remedy by way of appeal and revision provided for by ..... matter of ordering confiscation and imposing fines and penalties that it must now be taken that the existence of the remedies provided by the act is not a bar at all to the exercise of jurisdiction by the civil courts. the argument was this : 16. the entire basis of the judgment of the judicial committee in ', was in their considering the customs authorities ..... the -- 'secy. of state v. alla jagannadham air 1941 mad 530 (d), in which the question considered was the right of a civil court to set aside an order for surcharge made under the madras local boards act. the learned judges accepted as correct the proposition laid down by varadachariar j. in -- 'kamaraja pandiya nicker v. secy. of state', air 1936 mad 269 ..... be explicitly expressed or clearly implied. it is also well settled that even if jurisdiction is so excluded, the civil courts have jurisdiction to examine into cases where the provisions of the act have not been complied with, or the statutory tribunal has not acted in conformity with the fundamental principles of judicial procedure...... by sections 188 and 191 a precise and self-contained .....Tag this Judgment!
Court : Orissa
Decided on : Mar-22-1954
Reported in : AIR1954Ori222; 20(1954)CLT436
..... a decree.now, ext. 3 shows that the order issued by the court purports to be one under order 38, rule 5, civil p. c. and directed the bailiff to attach the property, given in the schedule, until further orders of the court this order was duly executed and the amin reported that he had proclaimed by beat of drum as well as by ..... lordships were satisfied that there was evidence that the land had, in fact, been attached, and laid down that in such circumstances the presumption under section 114, evidence act, could be made by court. in the instant case, however, except an admission by the judgment-debtor that the attachment before judgment should continue there is no evidence aliunde that such an attachment ..... was in fact ordered to be made. it may well be that the parties to the suit were acting under a misapprehension that the issue of the notice under rule 5 of order 38, civil p. c. was itself a notice of attachment, as con-templated in rule 54 of order 21. but mere admission of the ..... . 2).6. mr. das, appearing for the respondent, however contends that the presumption that a court can make can extend only to the regularity or otherwise of the official act and not to the performance of the act itself. my attention was drawn to the case reported in -- 'mohammad akbar khan v. mushraf shah', air 1934 pc 217 (a) where their lordships of .....Tag this Judgment!
Court : Allahabad
Decided on : Oct-12-1954
Reported in : AIR1955All223
..... date of the decree and the date of the delivery of possession. it was stated in that case that attempt to restrain acts of waste is not a matter governed by section 47, civil p. c. it appears that the decree was not put into executionin that case and therefore the question whether the matter ..... deliver possession over them at the spot. the lower court appointed an amin to assess the damage and deliver, possession. on 17-9-1947, pem kuer applied under section 47, civil p. c., stating that the appellant had deposited some amount of money as security with the court, that part of it was attached in execution of ..... can give effect to the general increase in prices of houses and to the depreciation in the condition of the house and we cannot act arbitrarily without any data. the amin's estimate of the damage must necessarily be a very rough one and based principally upon hearsay. not having seen the house in its ..... to prove that the appellant or her servants or agents demolished the house and removed its material. surely the acts of demolition and removing the material of a house could not have been done secretly. the amin had not seen the house in its original condition. when he saw it, he found it in a ..... judgment-debtor was bound under its terms to hand over the property as it then existed and that if before doing so he damaged it he acted in breach of the obligation and was bound to compensate the decree-bolder. in 'dhanarajagerji v. parthasarathy' air 1933 mad 825 (d), a bench of .....Tag this Judgment!
Court : Chennai
Decided on : Sep-14-1954
Reported in : AIR1955Mad100; 1955CriLJ452
..... existed about the time of the appointments of the police commission of 1860, whose labours resulted in the enactment of the police act (5 of 1861). it may toe pointed out that the court of directors in their despatch of 1856, after reviewing the exist-ing state of the police in the different parts of india at that time, called for a report ..... long as the presumption of innocence remains a part of our legal system evidence against an accused should come from sources other than the accused himself' osmond k. franckel our civil liberties p. 148.on account of this constitutional right it is established that when the accused does not take the 'stand in his own defence, it may not be adversely ..... ting v. united states', (1892) 149 us 698 (z17). no person has a vested right to a particular remedy. 'the state has full control over the procedure in its courts, both in civil and criminal cases, subject only to the qualification that such procedure must not work a denial of fundamental rights, or conflict with specific and applicable provisions of the federal ..... , were the characteristics of a good police force for india, which in their opinion were as follows: i. it should be entirely subject to the civil executive government. ii. the duties of the police should be entirely civil, not military. iii. the functions of a police are either pro-tective and repressive or detective, to prevent crime and disorder, or to find .....Tag this Judgment!
Court : Mumbai
Decided on : Jul-20-1954
Reported in : AIR1955Bom170; (1954)56BOMLR1028; ILR1955Bom236
..... defendant having received the amount after that date the receiver in insolvency was entitled to recover that amount by a suit filed in the civil court at ahmedabad.the learned judge in the course of his judgment observed:'the amount was recovered by the defendant (gajjar) by the sale of ..... in insolvency the suit was maintainable against him; _ that the civil courts in india were bound to recognise the validity of the order passed by the insolvency court in india and to enforce the order passed by that court; that even though the property at adivad was situate outside british india ..... a foreign state out of that property was considered. in that case palmer & co. were declared insolvents under the indian insolvency act, 9 geo. iv, c. 73, by the supreme court at. calcutta. palmer & co. were debtors to a creditor in the island of java.the orphan chamber of batavia -- ..... creditors. but the provision imposes a purely personal obligation upon the insolvent which may be enforced by process of the insolvency court to compel compliance of all acts necessary for completing the title of the receiver to property situate in a foreign territory. but the personal obligation cannot affect ..... judge in the court below was in error in assuming that by the appointment of an interim receiver the property of gordhandas suthar vested in the receiver. under section 20, provincial insolvency act, an interim receiver has powers conferrable on a receiver appointed under the code of civil procedure. the property .....Tag this Judgment!
Court : Mumbai
Decided on : Dec-17-1954
Reported in : (1955)57BOMLR378; 25CompCas227(Bom)
..... by an order passed in the course of proceedings in liquidation by the district judge in exercise of his jurisdiction under the indian companies act was entitled to appeal to the high court irrespective of the provisions of the civil procedure code which restrict the right of appeal to specified orders, and what the full bench held was that section 202 was wide enough to ..... exercise all or any of the jurisdiction by this act conferred upon the court. now, what is suggested is that if an order is made by a district court, that order would be subject to conditions of appeal in the sense that that order would only be appealable if it is appealable under the civil procedure code. if an order is made by a judge on ..... obvious that in enacting section 202 the legislature intended to give a general right of appeal, restricted as to the exercise of that right by the procedure laid down for the guidance of the court in its ordinary jurisdiction. the conclusion ..... could be passed by a liquidator court that could fairly fall within the provisions of that section and order. the learned judge also notices the further contention that was urged before him that there were a large number of orders that may be passed under the indian companies act which were not in the contemplation of the civil procedure code and that therefore it was .....Tag this Judgment!