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State of Orissa and ors. Vs. Harinarayan Jaiswal and ors.

Court : Supreme Court of India

Subject : Excise

Acts : Constitution of India - Articles 14, 19(1) and 19(6); Bihar and Orissa Excise Act, 1915 - Sections 2(9), 22, 29, 29(1) and 29(2); Indian Councils Act, 1892 - Sections 5; Orissa Excise Rules, 1965; Bihar and Orissa Excise (Amendment) Act, 1970

Reported in : AIR1972SC1816; 38(1972)CLT481(SC); (1972)2SCC36; [1972]3SCR784

intoxicating drugs;And whereas the previous sanction of the Governor-General has been obtained, under Section 5 of the Indian Councils Act, 1892, to the passing of this Act;It is hereby enacted as follows:5. Section 22 deals with the grant of … 1. These appeals by certificate raise common questions of law for decision. The questions of law arising for decision

Servants of India Society Vs. Charity Commissioner of Bombay

Court : Mumbai

Subject : Trusts and Societies

Acts : Constitution of India - Article 246; Bombay Public Trusts Act, 1950 - Sections 2(13) and 18(1); Societies Registration Act, 1860

Reported in : AIR1962Bom12; (1961)63BOMLR379; ILR1961Bom381

the Postmaster-General (Post Officer Duties Act, 1840, section 67); and the Commissioners of Public Works (Commissioners of Works Act, 1892, section 1). If it had been intended to incorporate the Air Council one would have expected the well known precedents … of 1912), the Red Cross Societies Act (XV of 1920), the Cantonments Act (II of 1924), the Bar Councils Act (XXXVIII of 1926), the Medical Councils Act (XXVII of 1933), the Damodar Valley Corporation Act (XIV of 1947)

N.C. Mookerjee and Co. Vs. Union of India (Uoi) and anr.

Court : Kolkata

Subject : Constitution

Acts : Constitution of India - Articles 227, 248, 254(2) and 133(1); ;Bengal Public Demands Recovery (Validation of Certificates and Notices) Act, 1961; ;Indian Council Act, 1892 - Section 5

Reported in : AIR1963Cal389,[1964]54ITR286(Cal)

the legislative practice prevailing in obtaining the previous sanction or the Governor-General under Section 5 of the Indian Councils Act, 1892 (and?) in obtaining the assent of the President under Article 254(2) of the Constitution to the passing or … Bose, C.J.1. This is an application for a certificate under Article 133(1)(c) of the Constitution of India in respect of a decision of a Division Bench of this Court dated

Madanlal Fakirchand Dudhediya Vs. Changdeo Sugar Mills Ltd. and ors.

Court : Mumbai

Subject : Company

Acts : Indian Companies Act, 1956 - Sections 9, 76, 76(1), 78(2), 87, 105 and 309(6); Code of Civil Procedure (CPC), 1908; Capital Issues (Continuation of Control) Act, 1947 - Sections 2; Indian Companies Act, 1913 - Sections 105 and 105(1); Company Law

Reported in : AIR1958Bom491; (1958)60BOMLR254; ILR1958Bom250

history of England. In Ooregum Gold Mining Co. of India v. Roper 1892 AC 125, Lord Halsbury, in his address to the House of Lords, … Vyas, J. 1. This is an appeal of the plaintiff and … Kuer 55 Ind App 18: AIR 1928 PC 2, it was observed by their Lordships of the Privy Council that where there was a positive enactment of the Indian Legislature, the proper course was to examine the … Original Side of the High Court of Bombay. The appeal raises a question of construction under the Companies Act, 1956, and the question arises in this way.2. The first defendant company Shree Changdeo Sugar Mills Limited is … in existence. The Company's net profit shall be understood as described in Section 87(c) of the Indian Companies Act.'There was a provision made in the

Narayan Hari Tarkhande Vs. Yeshwant Raoji Naik

Court : Mumbai

Subject : Criminal

Reported in : AIR1928Bom352; (1928)30BOMLR1018

had no such power. The Government Pleader contended that the Ybpwaht proviso to Section 5 of the Indian Councils Act 1892, in effect, did give retrospective validity to any such amendment that had been made before 1892. But, in … the act complained of.2. The words in this sub-section 'any such duty or authority aforesaid' refer back to Sub-section (1) of the same section, which provides that 'no Commissioner, Magistrate or police-officer shall be liable to any penalty

Debendra NaraIn Roy Vs. Jogendra NaraIn Deb and ors.

Court : Kolkata

Subject : Property

Reported in : AIR1936Cal593,167Ind.Cas.615

Councils Act 1861 (24 & 25 Vic., c. 67, Sub-section 42, 43, 44 and 48) and the Indian Councils Act, 1892 (55 & 56 Vic., c. 14, Section 5) it becomes perfectly clear that while the provisions corresponding to … Bijni Raj in Assam with a view to the prevention of disputes and the preservation of the Raj:8. Section 1 gives the short title of the Act as 'The Bijni Succession Act, 1931' Section 2 contains definitions of

Kalyani Stores Vs. the State of Orissa and ors.

Court : Supreme Court of India

Subject : Excise

Acts : Bihar and Orissa Excise Act, 1915 - Sections 13, 27, 28, 90 and 293; Indian Councils Act, 1892 - Sections 5; Bangalore Municipal Corporation, 1949 - Sections 97 and 98; Devolution Rules; Indian Tariff Act, 1894; Sea Customs Act, 1878; Government of India (Amendment) Act, 1951; Government of India Act, 1935; Excise and Abkari Act; Constitution of India (4th Amendment) Act, 1955; Constitution of India - Articles 226, 276, 301, 302, 303, 304, 304(1), 305, 366(10), 372 and 395

Reported in : AIR1966SC1686; [1966]1SCR865

And whereas the previous sanction of the Governor General has been obtained, under section 5 of the Indian Councils Act, 1892, to the passing of this Act; It is hereby enacted as follows: The word excise was also given … Shah, J. 1. The appellants-Kalyani Stores - deal in liquor at Rourkela, District of Sundergarh in the State of Orissa. The

Mahant Shanta Nand Gir Vs. Mahant Babudeva Nand Gir

Court : Allahabad

Subject : Land Acquisition

Reported in : 125Ind.Cas.477

powers admittedly preexisting, is to be found in the Legal Practitioners Act XVIII of 1879 and the Bar Councils Act XXXVIII of 1926.27. It is clear from the authorities that a jurisdiction existing in a Court can only … case further.39. We next have to consider the effect of Section 35 of the Code of Civil Procedure. Sub-section (1) reads as follows: 'Subject to such conditions and limitations as may be prescribed, and to the provisions of

Gherulal Parakh Vs. Mahadeodas Maiya and ors.

Court : Supreme Court of India

Subject : Media and CommunicationContract

Acts : Indian Penal Code (IPC), 1806 - Sections 29-A; Code of Civil Procedure (CPC), 1908 - Sections 69(1) and 69(2); Partnership Act - Sections 4, 42, 69 and 69(1); Indian Contract Act - Sections 23 and 30; Code of Civil Procedure (CPC), 1908 - Order 2, Rule 2

Reported in : AIR1959SC781; [1959]Supp(2)SCR406

the winner or winners of any lawful game, sport, pastime or exercise.' 12. Section 1 of the Gaming Act, 1892 : 'Promises to repay sums paid under contracts void by 8 & 9 Vict. c. 109 to be … on the point now mooted before us and it is in favour of the respondents. Again the Privy Council considered a similar question in Doolubdass Pettamberdass v. Ramloll Thackoorseydass and others (1850) 5 M.I.A. 109. There again

Hari Pandurang and anr. Vs. Secretary of State for India in Council an ...

Court : Mumbai

Subject : Trusts and Societies

Reported in : (1904)ILR27Bom276

above list.12. This Act was amended by the Indian Councils Act of 1892, which by Section 6 provides:6. In this Act-The expression 'Local Legislature' means … Presidencies of Madras and Bombay the power of making laws and regulations within defined limits, and the Indian Councils Act, 1861, was passed.11. The sections of that Act whish deal with the subject are 42 and 43, which … the Improvement Act, we find that it recites as follows [His Lordship read the preamble to the Act]. Section 1 provides that it shall extend 'only to the City of Bombay' and Section 3 that:The duty of carrying