Court : Kolkata
Decided on : Apr-27-1953
Reported in : AIR1954Cal305,57CWN962
..... , there was a minor defence too which required consideration at the hands of the jury for what it was worth. that defence was that the criminal acts of the first appellant were of a lesser degree of seriousness than alleged.i do not propose to discuss the essentials of a proper charge to the jury, for to do so in an appeal ..... about the medical aspect of the case. i also agree that it would have been better if the learned judge had put in a word of caution to the jury. but i do not think any prejudice was caused by the learned judge's omission to do so, as the jury perhaps had not the faintest notion of section 342(2) of the ..... could be ordered under that section in an appeal under s. 411a, because there was no court of competent jurisdiction subordinate to the appellate court, a retrial by which could be ordered. in support of his argument mr. banerjee referred to the decision in -- 'jnanendra nath v. nilmony dey' : air1939cal701 and -- 'debendra nath das v. bibudhendra' air 1916 cal 973 (x) where ..... it was held that a judge of the high court, sitting singly, was not subordinate to the appellate division or an appellate bench of the high court, those decisions are, to my mind, entirely beside the point, because what section 423 (1) clearly contemplates is a court which is .....Tag this Judgment!
Court : Kolkata
Decided on : May-28-1953
Reported in : AIR1953Cal733,57CWN627
..... can pay or deposit and thus avoid the default mentioned in the proviso of section 14(3) of the act. such payment or deposit can be made by reason of the definition of 'tenant' in section 2[ll)(ii) of the amended act of 1950 read with ss. 19 and 20 of the rent act of 1950. a construction which permits one to take advantage of one's ..... to be considerably less. again, in many of the cases coming under section 18 (5) the position will be that a decree for ejectment has already been passed. defaults in payment of rent in such cases even after the amending act can hardly be considered to be of the same degree of culpability in payment of rent in pending suits brought under the ..... 1950 act. it does not seem to me at all unreasonable that considerations such as these would weigh with the legislature ..... in making a distinction between persons against whom suits have been brought when the 1948 act was in force, and persons against .....Tag this Judgment!
Court : Kolkata
Decided on : Aug-05-1953
Reported in : AIR1954Cal127,58CWN143
..... 'premises' is defined in section 2(8) as 'any building or part of a building or any hutor part of a hut let separately.'section 9 entitles any landlord or any tenant to apply for standard rent. the words 'landlord' and 'tenant' are used in section 9 without any reservation. on a plain reading of section 9 read along with the definitions of the words 'landlord ..... fixation of standard rent is not maintainable at the instance of a tenant of a second degree as the petitioners are. reference was made to the provisions of section 13 of the rent control act, 1950. it was suggested that the definitions of the word 'landlord' and 'tenant of the first degree' support his submission. quite apart from the fact that the explanations contained in ..... standard rent is maintainable has to be determined on a reference to the provisions of section 9 of the rent control act, 1950. section 9(1) empowers the controller to fix standard rent on an application by either the landlord or the tenant. the word 'landlord' is defined in section 2(4) as 'any person who is receiving the rent of anypremises from the tenant ..... order the applications filed by the petitioner for fixation of standard rent of the premises in respect of which they are tenants were dismissed as not being maintainable in law.2. the petitioner in each of the cases is a sub-tenant under the opposite party manindra land and building corporation ltd. in respect of certain rooms in premises no. 138 .....Tag this Judgment!
Court : Kolkata
Decided on : Dec-23-1953
Reported in : AIR1954Cal415,58CWN468
..... for the purposes of this definition be deemed to be one british possession'.15. as the previous government of india acts continuing the admiralty jurisdiction conferred on. this court by the charter of 1774, were acts of the imperial parliament, the problem of construction here presented in this suit is that by reason of proviso (a) to section 2 of the colonial courts ..... respective charters and letters patent, the proper meaning to be attributed to the words 'domiciled in england or wales' in section 5 of the admiralty court act, 1861, read with section 2(2) of the colonial courts of admiralty act, 1890 and the interpretation act of 1889 should be such as not to create any conflict between these different courts of admiralty in india. the ..... basis the high court in calcutta having regard to its jurisdiction inherited from the supreme court became the colonial court of admiralty. by the provisions contained in section 2, colonial courts of admiralty (india) act, 1891, high courts of calcutta, bombay, madras and the then district court of karachi were expressly declared the colonial courts of admiralty.13. the next ..... the crux of the problem of interpretation presented in this case before me arises, however, on the language of proviso (a) to section 2 of the colonial courts of admiralty act, 1890. this proviso states :'any enactment in an act of the imperial parliament referring to the admiralty jurisdiction of the high court jn england, when applied to a colonial court of admiralty .....Tag this Judgment!
Court : Kolkata
Decided on : Aug-07-1953
Reported in : AIR1953Cal792
..... -- 'subramania iyer v. king emperor', 28 ind app 257 (pc) (n), where the accused was charged with 41 different acts extending over two years, against the definite provisions of section 234 of the code, the trial was bad and no question of curing an irregularity arose but if the trial conducted is substantially in ..... a knife and so for fear of life the accused aimed a blow with a hesho at the leg of the customer but he could not definitely say on which part of the body of the customer that blow actually fell. then his son fate ali woke up and either he or ..... or in an inquiry or other proceedings under this code, or* * *(c) of the omission to revise any list of jurors or assessors in accordance with section 324, or(d) of any misdirection in any charge to a jury unless such error, omission, irregularity, or misdirection has in fact occasioned a failure of ..... of one or more of the very comprehensive provisions of the code. the distinction drawn between illegality and irregularity being one of degree rather than of kind.19. that section 215 occurs in the same chapter which deals with inquiries into cases triable by the court of session or the high court goes ..... (as the case may be) and (unless the magistrate is presidency magistrate) shall also record briefly the reasons for such commitment.'and sub-section (2) of section 213 provides that'(2) if the magistrate, after hearing the witnesses for the defence, is satisfied that there are not sufficient grounds for committing the accused, he .....Tag this Judgment!
Court : Kolkata
Decided on : Jul-31-1953
Reported in : AIR1953Cal783
..... ), the senate, with the sanction of government may from time to time make regulations consistent with the act of incorporation (act 2 of 1857) as amended by the indian universities act, to provide for all matters relating to the university.(2) according to section 15, indian universities act, the executive government of the university is vested in the syndicate.(3) under ch. iv, rule ..... who have passed an equivalent examination and have pursued a course not under the university itself but recognised by it.11. now, it is common knowledge that the degrees of other sister university in india are recognized by the university of calcutta (with just exceptions) and students migrating to this university have to bring migration certificates and ..... without the express sanction of the syndicate, previously obtained. circulars were to be sent to all the affiliated colleges.(5) circular no. 94 (originally 9624) dated 25-1-1916, 118 (originally 20) dated 18-1-1917, were sent to all affiliated colleges. they require a foreign student desirous of continuing his studies in the university to obtain previous ..... the syndicate is empowered generally to conduct the affairs of the university in accordance with the act of incorporation and the indian universities act, the regulations and the resolutions of the senate and the syndicate. (4) the syndicate passed a resolution dated 15-1-1916, to the effect that no students except matriculates, undergraduates & graduates of the calcutta university shall .....Tag this Judgment!
Court : Kolkata
Decided on : Aug-27-1953
Reported in : AIR1954Cal412
..... , putni regulation which requires 'an express authority apart from the conditions of the lease' and by the operation of section 195(e), bengal tenancy act, section 11, putni regulation would prevail.in the case of -- 'bidhu mukhi v. asmatulla', air 1916 cal 519 (d) ganderson, c. j. and mookerjee j. held that if a 'durputni' lease expressly authorised ..... lessor granted a mokorari mourashi lease of 8 bighas and 10 cottas to the defendant at a rental. of rs. 17/-, that is, at the rate of rs. 2/- per bigha. the lessee was to enjoy the land by khas. cultivation or by settling tenants, by making. gardens, digging tanks, planting and cutting down. trees ..... it creates a tenure. from the recitals in the kabuliat (exhibit 6) it appears that it is a mokorari mourashi lease in respect of 8 1/2 bighas of land at a rental of rs. 17/- per annum -- the lessee undertaking to pay separately to the lessor any additional imposition that might be ..... is directed against a judg-ment and decree of mr. justice das dated march 24, 1948 whereby he has decreed a suit for eviction of the defendant.2. the facts leading up to this litigation are broadly these. on 7-6-1857, the predecessor of one bibhuti bhusan roy granted a mokarari mourashi lease ..... had obtained two rent decrees against two tenants in respect of two tenancies, comprising an area of 9 bighas, 13 cottas and 2 bighas, 9 cottas, and in execution of those rent decrees the lessor jatindra nath bose had obtained khas possession of the-total area of 12 bighas .....Tag this Judgment!
Court : Kolkata
Decided on : May-21-1953
Reported in : AIR1953Cal676
..... to be this:the authority of an executing court to allow an amendment of a pending execution petition in appropriate cases under its inherent powers under section 151 of the code is now too well established to be questioned. such authority to amend exists apart from and in addition, to the express ..... mt. asarfi kuer', air 1946 pat 216 (z1) but also cases where the decrees were not made on consent: vide -- 'brajasunder peb v. sarat kumari', air 1916 pat 252 (z2) and--'sowbagia ammal v. manika mudali', air 1918 mad 668 (z3) where different consideration might have arisen, as hinted before. even more extreme instances ..... 903 (z 10) and like decisions before the introduction of or. 34 of the code to replace the corresponding provisions of the transfer of property act need not trouble us as the law has materially changed in the meantime and in the light of that change those older cases have been fully ..... sarkar, appearing for the appellant, has very fairly conceded that on the materials on record he cannot urge anything in support of objections (1) and (2), as set out above, but he has strongly pressed the 3rd objection and he has developed it under two heads. he has first contended that the ..... charged by way of security for payment of the decretal dues.' and then followed the 'schedule of list of the properties' - which were charged. 2. on 8th march 1951, the plaintiff-decree-holder applied for execution of the decree and realisation of his dues by attachment of certain bills and security .....Tag this Judgment!
Court : Kolkata
Decided on : Mar-30-1953
Reported in : AIR1954Cal6
..... client is not a decree for the payment of money within the meaning of s. 73, civil p. c. in aid of this argument the definition of a decree in section 2, civil p. c. is invoked.9. rule 43 of ch. 38 of the original side rules of this court provides that'an attorney, where ..... on the view that an order under section 34, guardians & wards act directing a guardian to pay money out of his ward's estate for the marriage expenses of a person dependent on the ward was neither ..... has been contended before me on the authority in -- 'parvathammal v. chokkalinga'. reported in air 1918 mad 389 (d), that an order under section 34, guardians and wards act has been held to be not an order under the civil procedure code. i am not impressed by the argument for this reason that the madras authority proceeds ..... of the original side rules is not such a statutory provision. my attention is also drawn to the wide terms of the language used in section 199, indian companies act which it is said is different from the language of rule 48 of ch. 38.11. some reference to the rule-making power of the ..... code and cannot be enforced against the ward after he had attained majority and guardian had been discharged. besides there is nothing in the guardians & wards act comparable to rule 48 of chap. 38 of the original side rules which i have to consider in the present case.15. the question can be examined .....Tag this Judgment!
Court : Kolkata
Decided on : Feb-11-1953
Reported in : AIR1953Cal471,58CWN271
..... entitled to presume the due execution and attestation of a, will such as the present one is, under section 90, evidence act. the will bears the date 18-2-1920. it was registered on 10-3-1920. the testator died on 11-7-1921. the will was tendered for proof on ..... of the will. the evidence of these witnesses merely shows that the testator signed the will and that they attested the will. it has not been definitely stated by them that they signed in the presence of the testator. on this submission, a question of law arises, namely, whether the court is ..... present applicants, are not entitled to obtain a grant. it is not disputed that if shyamacharan was a residuary legatee, then under the terms of section 233, succession act, the present applicants would have locus standi to apply for the grant of letters of administration with a copy of the will annexed. the question ..... and the signature shows that he was practically (illiterate. all these facts, therefore, do not rebut the presumption which the court may draw under section 90, evidence act. the will was a registered one and was more than 30 years old and in the facts and circumstances of this case the court should ..... act. some support for this view may be found in a decision of this court in the case of 'shyam lal ghosh v. rames wari bosu', air 1916 cal 938 (a). in a later decision of this court in the case of -- 'gobinda chandra pal v. pulin behary' : air1927cal102 , the view expressed in the above case of 'air 1916 .....Tag this Judgment!