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Judgment Search Results Home > Cases Phrase: borstal school act 1963 Page 12 of about 37,336 results (0.113 seconds)

Nov 12 1931 (PC)

Emperor Vs. Mathurdas Purshottam

Court : Mumbai

Reported in : (1932)34BOMLR299; 137Ind.Cas.132

..... in imposing that sentence bad obviously not taken the trouble to look at the borstal act under section 6 of the borstal act when an offender is found guilty of an offence for which he is liable to be sentenced to transportation or imprisonment and certain conditions are satisfied, it shall then be lawful for the court to pass in lieu of a sentence of transportation or imprisonment an order for the detention of the offender in aborstal school for such term not being less than two years nor more than ..... we, therefore, in accordance with the recommendation of the district magistrate enhance the sentence to two years and in lieu of the sentence of rigorous imprisonment we direct that the accused be detained for two years in the borstal school, dharwar.broomfield, j.2. ..... convicted the accused under section 380, and then in lieu of a sentence of imprisonment he should have sentenced him to be detained for a period of not less than two years and not more than five years in theborstal school. .....

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Dec 09 1946 (FN)

Unemployment Compensation Comm'n Vs. Aragon

Court : US Supreme Court

..... of an agreement and beyond the dates of the applications for unemployment benefits, the commission could properly find that a labor dispute was in "active progress" within the meaning of 5(d) of the alaska act, even if it be assumed that at some time within the eight-week period of disqualification the point was reached when all possibility of settlement disappeared. p ..... the term "labor dispute," as used in 5(d) of the alaska act, need not be narrowly construed to require a strike or leaving of employment, but may be construed as covering a situation where the ..... ] this procedure was in pursuance of 6(e) of the act as amended by chapter 1, session laws of alaska ..... their unemployment was due to a labor dispute, there was no labor dispute in "active progress" within the meaning of the act after the passage of the deadline dates ..... . section 5(c)(2)(a) provides that benefits under the act will not be denied any individual, otherwise eligible, who refuses to accept new work "if the position offered is vacant due directly to a strike, ..... "labor dispute" must in all cases be construed as broadly as it is defined in the norris-laguardia act, [ footnote 10 ] and the page 329 u. s ..... appears in the act in one ..... . the norris-laguardia act contains the following definition: "the term 'labor dispute' includes any controversy concerning terms or conditions of employment, or concerning the association or representation of persons in negotiating, fixing, maintaining, changing, or seeking to arrange terms or .....

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Jan 29 1988 (HC)

Mackinlay (inspector of Taxes) Vs. Arthur Young Mcclelland Moores and ...

Court : Kolkata

Reported in : [1990]184ITR346(Cal)

..... my judgement, the authorities show that, for the purpose of computing the profits of a firm liable to income-tax under case ii of schedule d, even if not for other purposes of the income tax acts, a partnership is regarded as an entity distinct from its members : see for example heastie v. ..... in holding that the expenses for totaling 8,568.40 were 'wholly and exclusively laid out or expended for the purposes of the profession' carried on by the partners within the meaning of section 130(a) of the act of 1970 and therefore deductible in arriving at its taxable profit. ..... 'by virtue of section 108 of income and corporation taxes act 1970 (which was the taxing statute in force at material time) tax schedule d falls to be charged in respect of the annual profits or gain arising or accruing 'to any person residing in the united kingdom from any trade, ..... not, i think, stated anywhere in the income tax acts, but it follows necessarily from the fact that there is only one business and not found a number of different business carried on by each of the partners who were partners during the year to which the claim relates-the year of assessment-in one of the many senses of that word : see the proviso of section 26 of the taxes act 1970. ..... their decision, under the heading 'conclusions,' having referred to section 130(a) and (b) of the act of 1970 said;'... mr. ..... the acts do not provide for the way in which personal allowances, relief and deduction are to be apportioned between the partnership income .....

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May 22 2024 (SC)

Union Of India Vs. Barakathullah

Court : Supreme Court of India

..... train members to throw beer bottles filled with water on targets, there is no material to suggest commission of any offence which falls under section 15 of uapa, whereas all these alleged acts were part of the preparation of committing terrorist acts, particularly when the respondents were imparting training as to how to hurl bombs by using water filled beer bottles and how to use weapons like knives and swords to strike terror in ..... najeeb3, relied upon by the learned counsels for the respondents, it has been observed that a constitutional court is not strictly bound by the prohibitory provisions of grant of bail in 1967 act, and can exercise its constitutional jurisdiction to release the accused on bail who has been incarcerated for a long period of time relying upon article 21 of the constitution of india, the said ..... modified application of certain provisions of the code (1) to (4) (5) notwithstanding anything contained in the code, no person accused of an offence punishable under chapters iv and vi of this act shall, if in custody, be released on bail or on his own bond unless the public prosecutor has been given an opportunity of being heard on the application for such release: provided that such accused ..... submitted that the high court had miserably failed to comprehend the correct import of section 18 read with the definition of terrorist act contemplated under section 15 of the uapa for releasing the respondents on bail who have been charged with very serious offences. .....

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Oct 05 2007 (HC)

National West Minister Bank Plc Vs. General Public and ors.

Court : Punjab and Haryana

Reported in : (2008)149PLR523

..... if it was the beneficial owner of such monies or investments including the lending of money to any person (including any beneficiary hereunder) with or without taking security or charging interest and section 6(1) of the trustee investment act, 1961 shall not apply (b) to insure against loss or damage by fire or from any other risk any property for the time being forming part of my estate or subject to the trusts hereof to any amount and ..... (ii) whether this court in exercise of jurisdiction under section 276 of the act can grant a second probate, if so, the procedure to be adopted for ..... has already been authorized by the competent probate authority to act as an executor by virtue of the probate letter ..... 2: from the provisions of the indian succession act, it appears that there is no statutory prohibition for this court to grant or issue probate of the will which has already been probated ..... 39 of 1925) (hereinafter referred to as 'the act') filed by national west minister bank named as one of the executors in the will dated 6.12.1993 ..... the court is required to adhere to the provisions of section 276 of the indian succession act, 1925 and/or any other relevant provisions of the act.9. ..... grant of probate under section 276 of the indian succession act, 1925 (act no. ..... probate already secured by the petitioner is valid for the purposes of the execution of the last desire of the testator in india, it is unnecessary to grant another probate under the provisions of the indian succession act. .....

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Feb 18 2009 (FN)

Mitchell (Ap) and Another (Original Respondents and Cross-appellants) ...

Court : House of Lords

..... the third party who causes damage was under the supervision or control of the defender, as in dorset yacht co ltd v home office [1970] ac 1004 where the borstal boys who escaped from the island and damaged the plaintiffs yacht were under the control and supervision of the officers who had retired to bed and left the boys to ..... to [the courts] satisfaction that the authorities knew or ought to have known at the time of the existence of a real and immediate risk to the life of an identified individual or individuals from the criminal acts of a third party and that they failed to take measures within the scope of their powers which, judged reasonably, might have been expected to avoid that risk. 32. ..... on to hold the company liable on the ground that the danger should reasonably have been foreseen by tamiami in time to act with the utmost care to avoid injury to its passengers, particularly by warning them and by not doing foolish things to increase ..... would also hold, as a general rule, that a duty to warn another person that he is at risk of loss, injury or damage as the result of the criminal act of a third party will arise only where the person who is said to be under that duty has by his words or conduct assumed responsibility for the safety of the ..... did not suggest that there was any contractual term, whether express or implied, or any term imposed by the act, which put the council under a duty to protect one of their tenants from injury inflicted by the criminal actions .....

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Apr 24 2014 (HC)

Coram:Hon'ble Mrs. Justice Rekha Mittal Vs. State of Punjab and others

Court : Punjab and Haryana

..... stands recorded with the registrar of births and deaths, fatehgarh sahib as per certificate annexure p-1 and the same date of birth has been recorded in his middle class examination certificate issued by the punjab school education board (annexure p-2).it is further argued that claim of juvenility is open to be raised by an accused even after the disposal of the case, therefore, failure of the petitioner or his parents ..... of juvenility may be raised before any court and it shall be recognised at any stage, even after final disposal of the case, and such claim shall be determined in terms of the provisions contained in this act and the rules made thereunder, even if the juvenile has ceased to be saini paramjit kaur 2014.04.29 17:01 i attest to the accuracy and integrity of this document chandigarh crwp- 2090 of 2013 -4- so on or ..... birth certificate in regard to registration of his date of birth as 2.12.1987, registered on 28.12.1987 (annexure p-1) and certificate of middle standard examination issued by the punjab school education board reflecting his date of birth in consonance with the date of birth registered with the registrar of births and deaths, therefore, it prima facie appears that the ..... counsel representing the respondents, in line with the reply filed by way of affidavit of baljinder singh gill, superintedent, borstal jail, ludhiana has submitted that as the petitioner never raised a plea that he was juvenile at the time of commission of offence and the matter has been .....

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Jul 31 1978 (HC)

The Board of Trustees of the Port of Calcutta Vs. Bengal Corporation P ...

Court : Kolkata

Reported in : AIR1979Cal142

..... , farwell, lj gave another explanation of the phrase 'merchantable quality' which i would like to quote here: 'the phrase in section 14(2) is, in my opinion, used as meaning that the article is of such quality and in such condition that a reasonable man acting reasonably would after a full examination accept it under the circumstances of the case in performance of has offer to buy that article whether he buys for his own use or to sell again. ..... for the above reasons, in my view, section 16(1) of the sale of goods act applies under the facts of this case and, i am unable to share the same view as taken by the learned trial judge on this point. 29 ..... in view of the argument of the learned counsel for the appellant the question is whether section 16 of the sale of goods act, 1930 applies under the facts of this case. ..... for the reasons stated above section 16(1) of the sale of goods act apply in the facts of this case. 35. ..... 'section 16 : subject to the provisions of this act and of any other law for the time being in force, there is no implied warranty or condition as to the quality or fitness for any particular purpose of goods supplied under a contract of sale, except as follows :-- (1) where the buyer, ..... section 16 of the sale of goods act was in issue; and evidence was laid. 20. mr ..... in this appeal the question of implied terms as to quality or fitness of the goods under section 16 of the sale of goods act, 1930 has been raised. ..... the suit relates to two orders, both dated march 14, 1963 viz. .....

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Mar 13 1961 (HC)

Collector Vs. Smt. Janki Devi

Court : Himachal Pradesh

Reported in : AIR1961HP42

..... the word 'earnings' has not been defined in the aforesaid act and it has, therefore, to be assigned its ordinary dictionary meaning. ..... in dealing with other similar cases i have held that normally a businessman ousted from his business premises as a result of proceedings under the land acquisition act will be sufficiently compensated if he is awarded six months income. 11. ..... clause (4) of sub-section (1) of section 23 of the land acquisition act runs as below:--'the damage (if any) sustained by the person interested, at the time of the collector's taking possession of the land, by reason of the acquisition injuriously affecting his other property, movable or immovable, in any other manner, or ..... this appeal by the collector, bilaspur is directed against an order of shri chet ram, the learned additional district judge bilaspur, whereby on a reference under section 18 of the land acquisition act the respondent was awarded a sum ot rs. .....

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Mar 01 1977 (HC)

Mohammad Sabir Vs. the State of Maharashtra

Court : Mumbai

Reported in : 1978CriLJ825; 1977MhLJ338

..... although there are specific provisions for proceeding further in appeal after disqualification order is passed under section 17 of the motor vehicles act, if disqualification is a sort of penalty, a fetter against what would have normally happened, it is not known why it should not be looked upon as punishment whether the disqualification is entailed while exercising the powers ..... saying that the power to disqualify is not a punishment because such power under section 15 of the very act is also exercisable by the licensing authorities and that exercise could not be looked upon as inflicting punishment.13. ..... borstal institute or a training school ..... it was argued that the order of suspension of the driving licence was merely an executive act and not a part of the judicial punishment, because the suspension of a licence is not mentioned as one of the punishments which can be inflicted under the penal code, this may well be, but ..... to that extent interference with his licence may be regarded as an executive act, but the court only gets the right to take this executive action by reason of the fact that the man has been convicted by it; and, after all, sending a man to prison is itself an executive act which the court is empowered to perform by reason of the fact that the court has convicted the prisoner before it ..... 117 of cri lj) is as follows:in the case of convictions under the motor vehicles act, in many cases an order of suspension of a driving licence is much more serious part of the .....

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