Court : Mumbai
Reported in : AIR1927Bom278; (1927)29BOMLR498
..... administrator-general of bengal ..... commissioners in regard to both the jurisdiction of the high court and that of the mofussil courts, (3) the code of 1859, especially section 33 of that act and the similar section 3 of act xxiii of 1861, (4) the secretary of state's despatch about the letters patent, (5) the amendment of section 382 of act viii of 1859 in 1870, and (6) the subsequent codes of civil procedure of 1877, 1882 and 1908, all go in one and the same direction as ..... until the enactment of sub-section (1a) of section 106 of the government of india act in 1916, providing for the amendment of the existing letters patent by further letters patent, it was considered that there was no power to amend the letters patent that had issued under parliamentary authority. ..... has been argued that, if clause 12 of the letters patent and section 5 of act viii of 1859 meant the same thing when using the expression 'suit for land', then clause 12 of the letters patent would also have been amended in 1877 so as to bring it into conformity with section 16 of the civil ..... in fact it appears from the amendment of section 382 of act viii of 1859 by part ii of the schedule to act xiv of 1870 that the words 'in any court of judicature established by royal charter' were repealed in that section, so that thereafter until 1877 the code of 1859 would extend also to any suit instituted in a high court, and section 3 of act xxiii of 1861 about the court returning a plaint in a suit relating to land if the land .....
Tag this Judgment!Court : Chennai
Reported in : 1949CriLJ684
..... province including the constitution, maintenance, and organisation of provincial courts, be to of civil and of criminal jurisdiction, and including procedure in civil matters in those courts.section 101: 'the parliament of canada may, notwithstanding anything in this act, from time to time provide for the constitution, maintenance, and organisation of a general court of appeal for canada, and for the establishment of any additional courts for the better administration of the laws of canada.in nadany the king, 1926 a. c. ..... of the mattera enumerated in the provincial legislative list should be regulated in those provinces by act of the federal legislature, and if resolutions to that effect are passed by all the chambers of those provincial legislatures, it shall be lawful for the federal legislature to pass an act for regulating that matter accordingly, but any act so passed may, as respects any province to which it applies, be amended or repealed by an act of the legislature of that province.from the statement of objects and reasons published in the ..... 26, 26 and 41, letters patent, for the high courts at bombay, at madras, and at fort william in bengal, shall cease to have effect.3. ..... 1940 be m. 66. .....
Tag this Judgment!Court : Chennai
Reported in : (1949)1MLJ258
..... construction of section 1 o 1 of the british north america act, under which the dominion parliament had power to establish a general court of appeal for canada, there is one passage at page 152 which lends some support to the contention on behalf of the accused that the words ' administration of justice ' would not comprise provisions in regard to appeals. ..... but surely it is evident their lordships were there not discussing the scope of the entry 14, ' administration of justice ' in section 92, but they were using that phrase in a general and popular sense, from the fact that they expressly say that matters of appeal are within the legislative control either of the dominion or of the provinces, as ..... chancellor proceeded to say:taking, then, the word 'practice' as equivalent to the cursus curiae, or regulation of proceedings within the court itself, the question is whether the 34th, 35th and 36th sections of the act of 1854 can, with any propriety of language, be denominated provisions of rules respecting process, practice, and mode of pleading....an appeal is the right of entering a superior court, and invoking its aid and interposition to ..... the impugned provision was section 10-c inserted by the assam court of wards (amendment) act 1937, which was passed by the assam legislature after 1st april, 1937 ..... 7 of that act, inter alia, also declared that clauses 25, 26 and 41 of the letters patent for the high courts at bombay, at madras and at fort william in bengal, shall cease to ..... (1940) .....
Tag this Judgment!Court : Chennai
Reported in : AIR1944Mad340
..... and the sonthal parganas but excluding burma' were taken out of the sub-section by the repealing and amending act of 1940 (act 32 of 1940). ..... , directly or indirectly, with any foreign person or thing which is outside its jurisdiction, and, unless it does so in express terms so clear that their meaning is beyond doubt, the courts ought always to construe general words as applying only to persons or things which will answer the description and which are also within the jurisdiction of parliament.in this case there is more than a presumption that in placing the hindu women's eights ..... appeared on their behalf, said that they had no objection to the personal estate of the testator being administered by the court in the administration suit, but that his clients were interested in the proper management of the trusts and they claimed a right to be associated in the management ..... preliminary decree passed by the subordinate judge will be amended in accordance with the directions given in this judgment and the administration of the estate by the court will be continued ..... these circumstances the parties desire that the trial court shall, in the course of the administration of the estate, investigate this matter and in the final decree direct on whom the foreign ..... 282 of 1941 will be dismissed and the appeals from the preliminary decree passed in the administration suit proceeded with on the basis that the will was executed by the testator when in a sound disposing state of mind and without being .....
Tag this Judgment!Court : Kolkata
Reported in : (1914)ILR41Cal173
..... this court under the indian criminal law amendment act, 1908; but this could only be, if it appeared to the governor-general in council or to the local government, that in the interests of peace and good order the provisions of part i of the act should be made to apply. ..... an order was accordingly drawn up in the following terms: 'the advocate-general of bengal stating that he moves on behalf of his excellency the governor of bengal in council and at the instance of the legal remembrancer of bengal, and that the matter is one of urgency, and further stating the facts on which he relies, all of which will be supported by affidavits, which ..... 1913, in the circumstances aforesaid constitute a serious contempt of court, in that the several articles severally and in conjunction are calculated and tend to interfere with the due course and administration of justice and that in particular and without prejudice to the generality of the foregoing the said leading article in the issue of the said newspaper, dated the 22nd of may, 1913, tends to interfere with the course of justice by influencing the ..... and respectively be and they are all and every of them hereby appointed to be justices and conservators of the peace and coroners, within and throughout the said provinces, districts and countries of bengal, behar, orissa and every part thereof; and to have such jurisdiction and authority as our justices of our court of king's bench have and may lawfully exercise within that part of great britain .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1946All448
..... to such person by reason of the termination of his employment, but does not include-(a) the value of any house-accommodation, supply of light, water, medical attendance or other amenity, or of any service excluded by general or special order of the provincial government,(b) any contribution paid by the employed to any pension fund or provident fund,(c) any travelling allowance or the value of any travelling concession,(d) any sum paid to the person employed to ..... it is urged that the payment of wages act by sub-section (4) of section 1 applies the act in the first instance to the payment of wages to persons employed in any factory and to persons employed (otherwise than in a factory) upon any railway or by a railway administration and there, fore that the definition of the term 'wages' in the act can only apply to wages paid to such ..... if the payment of wages act is amended in any way so as to affect the meaning of the term 'wages' it may be that the term in the debt redemption act must be interpreted in the light of the definition at the time when the debt redemption act was passed and not the definition as later amended but that contingency has not arisen and cannot form the basis of any ..... section (20), debt redemption act, 1940, says:'workman' means a person who is not a proprietor or a tenant and-(a) who earned wages within the meaning of sub-section (vi) of section 2, payment of wages act, 1936, within the twelve months preceding the first day of june, 1940, which did not .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1946All306
..... section 16(1)(e) provides that all income arising to any person by virtue of a settlement or disposition whether revocable or not, and whether effected before or after the commencement of the indian income-tax (amendment) act, 1939, from assets remaining the property of the settlor or disponer, shall be deemed to be income of the settlor or disponer, and all income arising to any person by virtue of a revocable transfer of assets shall be deemed to be ..... in or are brought into british india in the previous year by or on behalf of the assessee, or are assessable under section 42.this exemption did not come into force before 1st april 1944 and before this amendment therefore the ruling chief resident in british india could easily have been taxed on the total income of his state unless it could be said that he was exempt by reason of the fact that he was a ..... it is to be noticed that the commissioner of income-tax, central and united provinces, when he referred the matter back to the income-tax officer on 10th june 1940 required him to find what was the particular 'vested right' in the rani's favour by virtue of which the allowance in dispute was paid the income-tax officer in answer to this confessed that ..... for these reasons in my view it cannot be taken that sir george lowndes intended to lay down a general test in every case that every payment must be the result of some outlay on the part of the assessee ..... bengal ..... bengal ..... bengal ..... bengal ..... bengal ..... bengal ..... bengal ..... bengal ..... bengal ..... bengal .....
Tag this Judgment!Court : Mumbai
Reported in : (1944)46BOMLR54
..... the governor general when exercising his ordinance-making power is an appropriate legislature empowered to amend an act of legislature. ..... has taken the view that so far as section 72 of the government of india act, 1935, is concerned there is no provision allowing the governor general to amend any provision of a statute already passed, though he is entitled to legislate on subjects on which there is no legislation. ..... even if it did so, section 292 of the government of india act empowered an appropriate legislature to amend an act. ..... 58 indap 169 that under section 72 in the ninth schedule of the government of india act, 1935, which authorises the governor general, in cases of emergency, to promulgate ordinances for the peace and good government of india, the governor general alone is the sole judge of whether a state of emergency exists and whether the ordinance conduces to the peace and good government of british india as contemplated by the section. ..... sentences validated were those passed during the war by ' any military court' or ' by any court established by the authority administering any territory in the occupation of any of his majesty's forces during the war for the administration of justice within such territory. ..... by the india and burma (emergency provisions) act, 1940 (3 & 4 geo. ..... atiqa begum [1940] f.c.r. ..... atiqa begum [1940] f.c.r. ..... atiqa begum [1940] f.c.r. .....
Tag this Judgment!Court : Mumbai
Reported in : (1945)47BOMLR153
..... a person who receives a substantial business income from a country may well be regarded as receiving the protection of its laws and administration in the same degree as a person who resides there or carries on business there; and if a person resident in a country for six months can be taxed even in respect of his foreign income earned, it may be, during ..... to determine whether the company is resident or non-resident as per section 4a(c) of the income-tax amendment act, 1939. ..... it is therefore unnecessary to refer further to this complaint.5.relying on some of the decisions interpreting the word 'residence' in the english income-tax act, counsel for the appellant contended that the second of the tests adopted in section 4a(c) of the indian income-tax act was wholly artificial and unwarranted by established principles and that it had been so framed only as a device to give the indian legislature a jurisdiction which it ..... the third question in the reference has no substance and it was admitted before us that the amended provision was applicable to the assessment in question, because 1939-40 was the assessment year though the figures have to be taken from the ..... 4a(c) had come into operation by that time, the income-tax officer, companies circle, by letter dated february 7, 1940, called for a statement of the total income of wallace brothers and co. ..... the australian decisions to which reference has been made in the judgment of this court in governor-general in council v. ..... attorney-general .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1949All663
..... implication in the nature of things that sisters also are excluded.it was also held that the custom that would operate for the purposes of section 3 (a) of hindu law of inheritance (amendment) act, ii [2] of 1929, in its legal sense is some established practice at variance with the general law and that a custom that was merely in accordance with the general hindu law as it was interpreted in these provinces was not a special custom which was contemplated by section 3 (a) of the ..... intestate are entitled to succeed to his estate' and section 1, clause (2) which lays down 'it applies to such persons in respect only of the property of males not held in coparcenary and not disposed of by will' that the act has not altered the general hindu law of inheritance and that it only applies to a particular kind of property, namely, the property of a male not disposed of by will. ..... the question arose in proceedings for letters of administration to the estate of one bai champubai. ..... 12, section 4 of golapchandra sarkar-sastri's hindu law, 1940 edition, at page 373 the following paragraph appears:it may be noticed in this connection, that according to the mitakshara, the heirs to the stridhana of a woman married in the approved form, and dying without leaving any heir of ..... colebrooke in his rendering of the mitakshara has paraphrased sapinda as a relation 'connected by funeral oblations,' which resulted in virtually obliterating one of the main distinctions between the benares and the bengal sohools. .....
Tag this Judgment!