cover image: The Indian Decisions (New Series)  Being a re-print of all the deicisions of the Privy Council on appeals from India and of the various High Courts and other Superior Courts in India reported both in the official and non-official reports from 1875  Bombay  (1883-1884)  I.L.R.  7 and 8 Bombay

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The Indian Decisions (New Series) Being a re-print of all the deicisions of the Privy Council on appeals from India and of the various High Courts and other Superior Courts in India reported both in the official and non-official reports from 1875 Bombay (1883-1884) I.L.R. 7 and 8 Bombay

1914

500 of 1871) describing herself as guardian of the plaintiff and of one Mangaldas, her son, against the then trustee, in which she prayed that the Court might fix a proper monthly sum to be allowed for the maintenance and education of the plaintiff and the said Mangaldas Candas, and that the said trustees might be ordered to pay the same out of the income of the trust premises to her. [...] 7 On the 15th August, 1871, a decree, by consent, was made in the said suit in terms of the prayer of the plaint, and the trustees were ordered to pay to Navivahoo out of the income of the said trust funds the sum of Rs. [...] [MELVILL, J. , referred to s. 622 of the Code. ] Inverarity in reply. —This Court cannot deal with the question of the jurisdiction of the Judge to make the order in question, unless it decides that the order is appealable. [...] Secondly, we think that there is no sufficient ground for such implication to be found in the section itself, and that the state of the law as regarded the Mofussil Courts before the new Civil Procedure Code came into force affords in itself an adequate explanation of the introduction of the provision in question without assuming any intention on the part of the Legislature to interfere with the j [...] Lastly, the very limited nature of the powers given by s. 136 for- bids this inference of any intention to take away the summary and unlimited power of attachment which the High Courts had possessed up to the passing of the Code ; for it is to be remarked that not only is the period of punishment limited to one month, but as s. 480 of the Criminal Procedure Code (Act X) of 1882 does not apply to
law
Pages
941
Published in
India
SARF Document ID
sarf.100024
Segment Pages Author Actions
Frontmatter
i-xv The Lawyer’s Companion Office, Trichinopoly and Madras view
I.L.R. 7 Bombay
1-374 The Lawyer’s Companion Office, Trichinopoly and Madras view
I.L.R. 8 Bombay
375-790 The Lawyer’s Companion Office, Trichinopoly and Madras view
General Index
791-926 The Lawyer’s Companion Office, Trichinopoly and Madras view

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