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Lieutenant Srinivasa Rajamani Rajah Deo, the Rajah of Mandasa (Dead) a ...

Court : Chennai

Reported in : 140Ind.Cas.331; (1932)63MLJ450

..... the decisions of the revenue, officer, in the matter of settlement of rents, which seem to be not open to question as regards the correctness of the rates finally fixed, by means of a civil suit under section 173 of the act, and which have, therefore, the force of res judicata in any subsequent proceeding between the landholder and the ryots in a civil or revenue court, cannot be easily distinguished from those given by courts, as between parties seeking ..... by a different legislature relating to another province.for the above reasons, holding that the board of revenue should not be taken to be a 'court of law' when exercising powers under chapter xi of the madras estates land act, at any rate not 'a court subordinate to or subject to the appellate jurisdiction of the high court,' i am inclined to hold (though not without hesitation), that the present civil revision petition is not maintainable; and i ..... has been referred to the decision of the full bench is whether the high court has power to interfere with a decision of the board of revenue under chapter xi of the estates land act; but in fact, the learned referring judges have referred for the final decision of the full bench the entire consideration of the final order to be passed in the civil revision petition.18. ..... , there was an elaborate review of the several sections in the income-tax assessment act and the commonwealth of australia constitution act, 1900. ..... a decision of the calcutta high court in the case reported in uma .....

Mrs. Shantabai Mathurdas Thakkar Vs. the Municipal Corporation

Court : Mumbai

Reported in : (1961)63BOMLR667

..... that the saving enacted in the first proviso saved the vested rights of the litigants to continue the lis through all its stages upto the final appeal under the old act and that the second proviso had no effect of either curtailing or taking away to any extent the rights saved under the first proviso and was inserted only by way of ex majore cautela ..... the meaning and effect of the two provisos, therefore, is that in suits instituted before the coming into operation of the new act, the computation of the claim involved in the suit will be in accordance with the provisions of the repealed act throughout all stages of the suit including the final appeal, while the rates of court-fees which will be chargeable on the documents which will be filed, used or received in ..... implied that such exercise of the rights is taken away because if it were not to be so implied the proviso would have contained language similar to that employed in section 7 of the general clauses act namely that the repeal was not to affect any right, privilege, obligation or liability acquired, accrued or incurred under the repealed enactment. ..... thus a person, who filed a suit, was entitled to have the claim in his suit computed under the provisions of the act of 1870 and on the payment of the court-fees on the claim so computed at the rates prescribed in the said act, he was entitled to have his suit carried on through all its stages not only in the court of the first instance but on the same computation of the claim .....

Parashram Madhavrao Bhadanekar Vs. the Secretary of State for India

Court : Mumbai

Reported in : AIR1932Bom319; (1932)34BOMLR129

..... it has further been contended on behalf of the plaintiff that even supposing government did make a settlement with the plaintiff under the rules framed under the act, the settlement which they have made is the commutation of five anas (sic) in the rupee, and that the rules do not (sic) of the basis on which the ..... position of a debtor bound to make certain payments to the creditor-plaintiff, and therefore the act has no application, while it is contended on behalf of the government that, in view of the definition of land in section 32 of act vii of 1863, the act will cover the case of an allowance like that made to the plaintiff, and therefore under the act and under the rules made thereunder, government have the power to impose such conditions as they ..... rule 2 runs as follows:-lands originally held for service, and which have been continued, or may hereafter be continued, under section 15, bombay act iii of 1874, on condition of payment of a certain portion of the assessment thereof in commutation of service, shall continue to be held in accordance with the terms of the sanad issued or hereafter to be issued, in confirmation of ..... and it is contended that the opinion of the collector and the commissioner and the final order of government are all referable to that act, and therefore the point for consideration in this case is whether the terms of act vii of 1863 give power to government to restrict the percentage claimable by the plaintiff to what is called the mamul jamabandi, i.e. .....

Andhra Pradesh State Road Transport Corporation Vs. Income-tax Officer ...

Court : Andhra Pradesh

Reported in : [1963]47ITR101(AP)

..... contribution of the capital by the central and state governments in such proportion as may be agreed to between the two governments on such terms and conditions as are not inconsistent with the provisions of the act and where the capital of the corporation is not provided by the state or the central government, under sub-section (2) of section 23, the corporation may raise by the issue of shares such capital as may ..... 289 exempts any property and income of the state from indian union taxation which means that the movable property and income, which was not exempt under section 155 of the government of india act, now enjoy immunity subject to the authority of parliament to make any law under clause (2) authorising the imposition of a tax to such extent as may be behalf of the government of a ..... that 'obviously the government are the owners of the corporation, even as the shareholders are the owners of the company', though on the general question as to the applicability of the income-tax act to the income of the corporation he held otherwise.we would first take up the third and fourth points before dealing with the first two general questions.it appears to us that the contention of ..... doctrine as enunciated in the american decisions as applicable to the limitation of federal and state powers described in either the british north america act, 1867, or the australia constitution act, 1900. ..... judgment of the supreme court (bench consisting of five judges) in the case of calcutta discount co. .....

Kuttukken Eramullan Haji and ors. Vs. Pappinisseri Chandroth Narayanan ...

Court : Chennai

Reported in : AIR1940Mad453; (1940)1MLJ165

..... the judicial committee held that a mortgage of a lease in any of the six forms of mortgage referred to in section 58 of the transfer of property act is not an absolute assignment under the indian law and does not create privity of estate between the lessor and the mortgagee. ..... the sub-tenants of the sub-kanomdar were made parties to the suit and contended that they were entitled before ejectment to compensation on the basis of the provisions of the malabar compensation for tenants' improvements act, 1900. ..... a sub-tenant is a person who comes within the definition of 'tenant' and consequently cannot be dispossessed of the land cultivated by him unless he has been paid the amount of the compensation allowed by the act, if he is in possession under a contract later than 1st january, 1886.7. ..... the plaintiff-respondents challenged the decision of the district munsif that the act applied in an appeal to the subordinate judge of tellicherry. ..... kuttikrishna menon has frankly and properly conceded that unless the provision in the deed can be regarded as falling within the provisions of section 40 of the transfer of property act his clients are out of court. ..... 29th june, 1884 and that when they entered into possession of their lands they believed bona fide that they would be paid the value of improvements under the malabar compensation for tenants' improvements act when their sub-tenancies terminated. ..... subordinate judge allowed the appeal, holding that the deed and not the act governed the position. .....

Shrinivasdas Lakshminarayan Vs. Ramchandra Ramrattandas

Court : Mumbai

Reported in : (1919)21BOMLR788

..... and which cannot be criticized by the vast majority of those directly or indirectly affected by it must...be regarded as for the time being public policy and acts declared by the government as likely to frustrate the beneficial maintenance or operations of that policy would ordinarily be taken to call within the general category of acts contrary to public policy....the plain truth is that in india public policy at any rate for the present is defined by and coincides with the measures ..... under the indian coinage act, 1900, a sovereign is legal tender for rs. 15. ..... there was, in my opinion, no substantial justification for holding that those dicta should be disregarded by judges in india and that public policy should be interpreted under section 23 of the indian contract act as comprehending all the political policies from time to time of the government of india.35. ..... urged before us on this appeal that the learned judge ought to have bean guided by the dicta of the english judges and not to have extended the law of public policy under section 23 of the indian contract act so as to comprehend all the political policies from time to time of the government in india.34. ..... on the 22nd of august 1918 a notification under the defence of india act ( iv of 1915 ) was issued as follows:-no person shall sell or purchase or offer to sell or purchase any coin for an amount exceeding the face value of such coin or shall accept or offer to accept any such coin in payment of a debt or .....

Amrit Bhushan Gupta Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR1977SC608; 1977CriLJ376; (1977)1SCC180; [1977]2SCR240

..... to a lunatic asylum or other place of safe custody within the state, the state government may order his removal to any such asylum or place within any other state or within any part of india to which this act does not extend by agreement with the state government of such other state; and the provisions of this section respecting the custody, detention, remand and discharge of a prisoner removed under sub-section (1) shall, so far ..... in each of these cases, the question of sanity is entirely a medical question of fact and is in no way dependent on the principles laid down in m' naghten's case.the rule that insanity at the time of the criminal act should be a defence is attributable to the fact that the idea of punishing a man for that which was due to his misfortune is revolting to the moral sense of most of the community. ..... appellant, when asked to state the question of law which called for the invocation of the jurisdiction of this court under article 136 of the constitution, could only submit that the provisions of section 30 of the prisoners act, 1900, should be applied to the petitioner. ..... if at the time of commission of the offence, the appellant knew the nature of the act he was committing, as we assume he did, he could not be absolved of responsibility for the grave offence of murder. ..... ' in criminal cases, therefore, idiots and lunatics are not chargeable for their own acts, if committed when under these incapacities; no, not even for treason itself. .....

M/S. Ansal Properties and Infrastructure Ltd. and Others Vs. Haryana S ...

Court : Punjab and Haryana

..... provisions of the punjab land preservation act (in short the plpa act), 1900 were applicable on reserved forest of land ..... land of village raisina, district gurgaon, after obtaining the sanction under the provisions of the punjab scheduled roads and controlled areas (restriction of unregulated development) act,1963 (hereinafter to be referred as the act of 1963) and the haryana development and regulation of urban areas act, 1975 (for brevity the act of 1975), vide letter dated 29.1.1990 (annexure p2) and have sold the farm houses, by way of agreement/allotment document, sample of which is annexed ..... as is evident from the record, that the pollution board has prosecuted all the petitioners-accused for the commission of offence punishable under section 15 of the act of 1986, which postulates that whoever fails to comply with or contravenes any of the provisions of this act or the rules made or orders or directions issued thereunder, shall, in respect of each such failure or contravention, be punishable with imprisonment for a term which may extend to five years ..... -accused, whether the developers have demolished the gairmumkin mountain (pahad) and converted it into gairmumkin farm houses after the publication of notification (annexure p5), whether the authorities under the acts of 1963 and 1975, forest act or the additional director (environment) have actually granted the clarifications under some authority or otherwise, what would be the effects of such clearance under the other .....

Cherivan Vs. State

Court : Kerala

Reported in : 1973CriLJ839

..... john b saunders the following extracts will also be useful for the purpose of understanding the real import of the word 'procure' 'sexual offences:(section 11 of the criminal law amendment act 1885 (repealed; see now sexual offences act 1956, section 13) enacted that any male person who, in public or private, committed, or was a party to the commission of. ..... 's seventh new collegiate dictionary, the meanings given for the word 'procure' are 'to take care of; to act possession of; obtain, to get and make available for promiscuous sexual intercourse; to brine about; achieve; to ..... little reported authority on what is necessary to constitute a procuring (within section 91a of the crimes act 1900 (n.s.w. ..... the readers' digest great encyclopedic dictionary, 'procure' means 'obtain by care or effort; acquire; act as procurer or procuress;' and 'procurer' means men or women who procure women for gratification ..... prostitution has been defined in the act as 'the act of a female offering her body for promiscuous sexual intercourse for hire, ..... that be so, the offence under section 5(1)(a) of the act for the purpose of framing a charge can be said ..... procured' or attempted to procure the commission of, any act of gross indecency with another male person, should ..... i am extracting be low section 5(1) of the act:(1) any person who-(a) procures or attempts to procure a woman or girl, whether with or without her consent; for the purpose of prostitution: or(b) induces a woman or girl to go from any place, with .....

Smt. Bani Chaudhuri Vs. the Calcutta Municipal Corporation and ors.

Court : Kolkata

..... the provisions in relation to the kolkata municipal corporation for hearing of objections stand codified by the kmc act 1980 and under section 188 thereof, it is evident that the person filing an objection is not only entitled to be heard either in person or through his authorised agent, but the hearing officer is required to determine the said ..... 1900/- multiplied by 12 comes to rs. ..... 1900/- per month and therefore, the said amount of rs. ..... be said that the hearing officer, being a quasi-judicial authority under the provisions of the statute, had applied his mind and /or determined the objections in terms required under section 188 (2) and (3) of the said act. .....