Judgment Search Results Home > Cases Phrase: bengal agra and assam civil courts act 1887 chapter ii constitution of civil courts Page 21 of about 210 results (0.227 seconds)

(Thakur) Bilas Singh Vs. Emperor

Court : Allahabad

Reported in : AIR1925All737

..... and assam civil courts act, 1887 and similar enactments and courts specially declared to be civil courts within the meaning of the section ..... may further mention that to say that the commissioners are to have certain powers vested in a civil court is one thing and to say that they constitute a civil court is quite another, that they are not deemed to be a civil court for all purposes is abundantly clear from the concluding portion of section 5 which says that the commissioner 'shall be deemed to be a civil court within the meaning of 'sections 480 and 482 of the code of criminal, procedure, 1898. ..... that was a special tribunal constituted for a special purpose and vested with special powers and was certainly not a civil court from which an appeal could lie to their lordships ..... if having regard to their powers and procedure they are to be deemed to be a 'court' they certainly do not constitute a 'civil court' for the administration of civil justice.16. ..... is true that they have power to take oral and documentary evidence and examine witnesses on oath, but that fact by itself does not necessarily constitute them a 'civil' court. ..... xxxix of 1920 the election commissioners are constituted a 'civil court' so as to be able to exercise jurisdiction under section 476, criminal ..... term 'civil courts' as used in section 476 is restricted to courts constituted under the bengal n.w.p. ..... they occur in the same chapter of the criminal procedure code which deals with offences affecting the administration of .....

Commissioner of Wealth Tax, W. Bengal Vs. Smt. Champa Kumari Singhi an ...

Court : Kolkata

Reported in : AIR1968Cal74,72CWN660,[1968]67ITR561(Cal)

..... in process of time it became more and more clearly understood that there were more forms than one of the mahomedan law, and more forms than one of the hindu law, and the courts, acting in the spirit, which prompted the legislation, have applied the law of each school to the people whose ancestral law it was. ..... - (a) to any person who is a hindu by religion in any of its forms or developments, including a virashaiva, a lingayat or a follower of the brahmo, prarthana or arya samaj, (b) to any person who is a buddhist, jaina or sikh by religion, and (c) to any other person domiciled in the territories to which this act extends who is not muslim, christian, parsi or jew by religion, unless it is proved that any such person would not have been governed by the hindu law or by any custom or usage as part of that ..... undivided family was beyond the competence of the parliament inasmuch as entry 86 of list i of the 7th schedule of the constitution of india, which is the only entry under which tax on capital value of assets can be assessed, permits imposition of such tax only on individuals and companies, (ii) that hindu undivided family is not the same thing as an association of individuals and as such, even if such tax may be levied on in individual or individuals separately, a hindu undivided family can not be charged ..... referring in this respect to the chapter on 'jains' in the said edition of mulla's hindu law (chapter xxx), paragraph 612, we read that - ' ........ ..... bose, (1887) lr 30 i. a. .....

Sandvik Asia Ltd. Vs. Cit and ors.

Court : Mumbai

Reported in : [2004]267ITR78(Bom)

..... by article 226 of the constitution cannot be invoked for directing the authorities to act contrary to the provisions of law.in orient enterprises : 1998(99)elt193(sc) , it was held by the apex court, that the writ petition to claim interest in terms of section 27a of the customs act, 1962, for the period earlier to its enforcement was not maintainable as no legal right was available to the petitioners under any statute to make any such claim.in the facts and circumstances of the case ..... is evident from the provision of law contained in section 229 of the said act which provides that any sum imposed by way of interest, fine, penalty, or any other sum payable under the provisions of the said act, shall be recoverable in the manner provided in chapter xvii of the said act which deals with the subject of collection and recovery of tax and includes collection of penalty and interest and the actual amount of tax. ..... state of west bengal, air 1965 sc 1887, it was held that the observations of the supreme court should not be read as statutory enactments and that it is well known that the ratio of a decision is the reasons assigned ..... the doctrine of merger, and the law laid down by the apex court on the subject, certainly 'the decision' of the high court of madhya pradesh in civil appeal no. ..... state of assam : air1997sc3054 , has held that interest can be levied and charged on delayed payment of tax only if the statute that levies and charges the tax makes a substantive provision in that .....

K. Manathunainatha Desikar Vs. Sundaralingam and ors.

Court : Chennai

Reported in : (1970)2MLJ156

..... muttu ramalinga sethupati's case (1873) l.r.1 indap 209 in the following terms:but the constitution and rules of religious brother-hoods attached to hindu temples are by no means uniform in their character, and the important principles to be observed by the courts is to ascertain, if that be possible, the special laws and usages governing the particular community whose affairs become the subject of litigation, and to be guided by them.that principle was laid down by the committee in an ..... is quite settled that a shebaiti right is a hereditary office and as such comes within the express language of article 124 of the limitation act....the intention of the legislature is obviously to treat hereditary office like land for the purposes of barring suits for possession of such office and extinguishing the right to the possession thereof after a certain period ..... a decision in a former suit would be res judicata under section 11, civil procedure code, in a subsequent suit brought by the same parties or between persons who claim under the parties to the ..... the observation : 'the questions presented by this case must be dealt with and decided according to the hindu law prevailing in bengal, to which alone the property in question is subject'. ..... fixed amount granted by the king or other authority receivable from a mine or similar fund-kalpataru : (4) so many leaves receivable from a plantation of betel, pepper, or so many nuts from an orchard of areca--mitakshara chapter i, section 6, para. ..... 1887 .....

L.O. Clarke Vs. Brojendra Kishore Roy Chowdhry

Court : Kolkata

Reported in : (1909)ILR36Cal433

..... within the limits of his jurisdiction: provided that he, at the time in good faith, believed himself to have jurisdiction to do or order the act complained of and no officer of any court, or other person bound to execute the lawful warrants or orders of any such judge, magistrate, justice of the peace, collector or other person acting judicially shall be liable to be sued in any civil court for the execution of any warrant or order, which he would be bound, to execute, if within the jurisdiction of the person issuing the ..... or reasonable to hold that, when an officer has acted bond fide in what he believed to be the discharge of his duty, and when it has been found that he had good and sufficient reason for his action, he should be liable under the civil law for damages for a trespass, because through inadvertence he failed strictly to observe, a formality, which in the circumstances of the case was not of serious importance, and which may be taken to constitute a technical rather than a substantial defect in his ..... 'court' is nowhere defined in the code nor is 'a proceeding' from chapter iii of the code it would, however, appear that the term 'court' and 'magistrate' are in fact synonymous and it should be remembered that under the special conditions prevailing in india a magistrate is frequently called upon to act as a court, even though he may not at the time be sitting within the four walls of his ordinary;court building or in fact any building. ..... sheikh masludin (1887) i.l.r. .....

Emperor Vs. Panchkowri Dutt

Court : Kolkata

Reported in : (1925)ILR52Cal67

..... well, for, having regard to the wording of section 24 of the indian evidence act and also to the presumption attaching to certain recorded confessions and arising under section 80 of the act, tire true and generally recognised view is that a confession duly recorded by a magistrate, with the proper certificate appended to it, will be admitted in evidence, subject to the provisions and restrictions contained in section 24 that under the latter section a well-grounded conjecture, ..... must be directed to elliciting facts which will enable the magistrate to judge of the character of the confession that the accused is about to make, and not merely repeat some set formuloe which the accused can scarcely appreciate, and merely ask him whether his confession is voluntary, a question which he will answer in the affirmative the more readily the greater the influence, if ..... proceed from a person in authority, but nothing is-said as to the person to whom it is to be directed: it is enough if such inducement threat or promise would, in the opinion of the court, be sufficient to give the accused person grounds which would appear to the accused person (and not the court) reasonable for supposing that by making the confession he would gain au advantage or avoid an evil of the nature contemplated in the section. ..... record made by a presidency magistrate of a confession made to him in the course of an investigation under that chapter, or at any time afterwards before the commencement of the trial. ..... 1887 .....

Zenith Lamps and Electricals Ltd. Vs. the Registrar, High Court and or ...

Court : Chennai

Reported in : (1968)1MLJ37

..... of section 4 of the limitation act (1887) depended on its validity for the purpose of the court fees act (1870), it was observed:one of its (court fees act) main purposes, no doubt, is to levy fees for services to be rendered by courts and public officers, and the plaint is not to be ..... constitution:article 266 (1) : subject to the provisions of article 267 and to the provisions of this chapter with respect to the assignment of the whole or part of the net proceeds of certain taxes and duties to states, all revenues received by the government of india, all loans raised by that government by the issue of treasury bills, loans or ways and means advances and ..... the civil court of surat since the 8th of june, 1800; but no fees whatever being charged on the exhibits and papers filed in the court, nor on petitions presented to the court, not immediately forming part of the proceedings in any suit under trial, groundless and litigious suits and complaints are liable to be instituted against individuals, and the trials ..... bengal regulation xxxviii of 1795 contained the following preamble:no expense attending the institution of suits in the first instance; and the ultimate expense, being moderate and limited, whatever length of time the suit may be depending; and no fees whatever being charged on the exhibits and papers filed in the courts, nor on petitions presented to the courts not immediately forming part of the proceedings in any suit under trial, many groundless and litigious suits and .....

Indian Football Association, West Bengal and anr. Vs. Mohan Bagan Athl ...

Court : Kolkata

Reported in : AIR1988Cal217

..... all the parties submitted before this court that this court should not enter into the question as 10 whether this application under rule 1 of chapter 13 of the original side rules of the calcutta high court (sic) and the parties submitted that the decision should be made by this court so that the controversy in the field should come to ..... the said federation of international foot-ball association has its own rules and regulations and also constituted the international laws and/or rules of foot-ball games as also laws/rules relating to international foot-ball ..... this case he admitted the fact that maslan ahmed was shown a yellow card in the first match against rajasthan athletic club and he was again shown yellow card for the second match against port trust which was admittedly abandoned after the 65 minutes of the ..... namely against police athletic club who lost in the match by two goals to nil and after the match was over, the police athletic club lodged a complaint alleging that the mohan bagan club should not be given any points for winning the match as it acted illegally in allowing the said player to participate against police athletic club and the point which was due to be earned by mohan bagan club should be awarded ..... the counsel appearing on behalf of the indian football association and east bengal club' submitted that the effect of showing yellow card in such abandoned match remains valid and is to be taken into account for the purpose of disciplinary ..... priester (1887) 19 q. .....

Bharti Airtel Ltd. Vs. Union of India

Court : Supreme Court of India

..... as pointed out by this court in 2g case in the above- extracted paragraph, the authority of the union is fettered by two constitutional limitations; firstly, that any decision of the state to grant access to natural resources, which belong to the people, must ensure that the people are adequately compensated and, secondly, the process by which such access is granted must be just, non-arbitrary and transparent, vis- -vis private parties seeking such access.45. ..... wave length of radio waves is measured in units called hertz -a name given to the unit after heinrich hertz a german scientist who in 1887 demonstrated the reality of radio waves the existence of which was theoretically predicted earlier in 1867 by james clerk maxwell (a scottish mathematical physicist).7. ..... . the composition and the qualification required of the persons to be appointed as the chairperson and the members of trai, their respective powers and other incidental matters are prescribed in chapter ii of the act.61 ..... & others appellants versus union of india respondent civil appeal no.2072 of2014loop mobile india appellant versus union of india respondent civil appeal no.5376 of2014idea cellular ltd. ..... . state of west bengal & others, (2002) 4 scc1wherein it was held by this court to mean whatever is suitable and appropriate for any reason for the accomplishment of the specified object .....

Emperor Vs. Panchkari Dutt and ors.

Court : Kolkata

Reported in : AIR1925Cal587

..... in this country as well for having regard to the wording of section 24 of the indian evidence act and also to the presumption attaching to certain recorded confessions, and arising under section 80 of the act, the true and generally recognised view is that a confession duly recorded by a magistrate with the proper certificate appended to it will be admitted in evidence subject to the provisions and restrictions contained in section 24; that under the latter section a well-grounded conjecture, reasonably based upon ..... the charge against the accused person' must proceed from a person in authority, but nothing is said as to the person to whom it is to be directed; it is enough if such inducement, threat or promise would in the opinion of the court be sufficient to give the accused person grounds which would appear to the accused person (and not to the court) reasonable for supposing that by making the confessions he would gain an advantage or avoid an evil of the nature contemplated in the section. ..... on a consideration of relevant provisions of the calcutta, police act (bengal act v of 1866), 1 am disposed to take the view that there is no power of detention for an unlimited period, such as is claimed on behalf of the prosecution in the deputy commissioner by virtue of his being a justice ..... to a record made by a presidency magistrate of a confession made to him in the course of an investigation under that chapter or at any time afterwards before the commencement of the trial. ..... [1887] .....