Judgment Search Results Home > Cases Phrase: cattletrespass act 1871 Page 1 of about 12,782 results (0.053 seconds)

K.C. Periyasamy Vs. S. Anandan

Court : Chennai

..... 'offence' as under: (n) offence means any act or omission made punishable by any law for the time being in force and includes any act in respect of which a complaint may be made under section 20 of the cattletrespass act, 1871 (1 of 1871). 36. ..... a mere running of the eye over the ingredients of section 138 and 139 of the negotiable instruments act unerringly point out that in order to raise a presumption under section 139 of the negotiable instruments act, the complainant has to establish the fact that 'he received the cheque' in question from the accused and thereby he became its ..... at this stage, this court, on perusal of the complaint filed under section 138 of the negotiable instruments act by the appellant (as complainant) before the trial court, finds that the appellant had averred at paragraph 3 that the respondent is the business man and based on acquaintance, he borrowed a sum of rs.3,00,000/- from him on 03.04.2015 to ..... (operations) state bank of travancore, thiruvananthapuram and others, it is held that 'an offence under section 138 of the negotiable instruments act, need not necessarily take within its wings the offence of cheating as defined in section 415 i.p.c. ..... (db), it is observed and held as follows: for filing an appeal by the state against an order of acquittal, only application for leave is necessary under sec.378(3) and the provisions of art.114 of the limitation act will apply and no specific period of limitation is provided under sec.378(1) or sec.378(3). .....

State Vs. Padma Kant Malviya and anr.

Court : Allahabad

Reported in : AIR1954All523; 1955CriLJ904

..... 4(1)(o) of the code in these words: ' 'offence' means any act or omission made punishable by any law for the time being in force: it also includes any act in respect of which a complaint may be made under section 20 of ehe cattletrespass act, 1871:'56. ..... high courts, as court of record, to punish for contempt of the high court was never doubted.the lower courts had, however, no such powerand the first piece of legislation giving them such power was act 30 of 1841 for repressing obstructions to justice in certain courts of the east india company, and by section 1 it was enacted that all persons using menacing questions or expressions otherwise obstructing justice in the presence ..... in -- 'surendra nath banerjee's case (b)', was no longer in force the learned judges did not explain what happened to the inherent powers which this court had at the time of the passing of the act in 1926 and why in spite of their existence, statutory provision was made for the exercise of those powers, they remarked on page 4 that the offence of contempt of the high court 'can be enquired ..... authority to the contrary, the legislature may however, regulate the use of the power, and in some jurisdictions, ........the punishment that may be imposed.statutes purporting to grant a court power to punish acts which it has the inherent power to punish are simply declaratory of the common law, and such statutes, as well as those defining contempts, or regulating contempt proceedings, do not limit the inherent .....

M/S. Bagi Beedi Factory, Hubli Vs. the Appellate Authority Under the P ...

Court : Karnataka

Reported in : 1998(1)KarLJ304

..... was not working in the establishment of the petitioner, he was nevertheless brought within the provisions of the said definition by virtue of sub-clause (i) of clause (f) of section 2 of the beedi act, employees of his nature having been brought thereunder in the peculiar circumstances as 'home workers', they being those who would get raw materials from the employer, take the said raw materials to their homes ..... petitioner, refers to sections 28, 37, 38 and 39 of the beedi act by which, respectively, payment of wages act, 1936, industrial employment (standing orders) act, 1946, maternity benefit act, 1961, factories act, 1948 and industrial disputes act, 1947, were specifically made applicable to the beedi and cigar workers. ..... supreme court, in the said decision, laid emphasis on this aspect of the definition of 'employee' under section 2(o) of the provident funds act, namely, the said definition covering not only the employees working in the establishment, but also those working in connection with the work of ..... learned counsel for the petitioner, sri somasekhar, submits that the definition of establishment under the beedi act cannot be imported for the purpose of interpreting the provisions of the gratuity act since, under the gratuity act, 'establishment' is not defined, and, in this regard, he refers to a decision of the supreme court in union ..... the supreme court disapproved of borrowing the definition of 'local authority' in enactments such as the cattle trespass act, 1871, etc. .....

A.M. Attar Vs. Union of India (Uoi) and anr.

Court : Mumbai

Reported in : 2006(4)BomCR839; 2006(4)MhLj228

..... (b) and (c) of clause (i) that cannot be made from these even with the consent of the railway servant, the same shall be recovered from retirement, death, terminal or service gratuity which are not subject to the pensions act, 1871 (23 of 1871). ..... specified in sub-clause (a) of clause (i) of this sub rule shall be made subject to the conditions laid down in rule 8 being satisfied from recurring pensions and also commuted value thereof, which are governed by the pension act, 1871 (23 of 1871). ..... there is no need for the railways to move under the provisions of the public premises eviction act.we are clearly of the opinion that the order of the tribunal requires no interference. ..... .the learned tribunal by its order dismissing the original application dealt with the contention of the petitioner that infliction of penal rent can only be done in proceedings initiated under the provisions of the public premises act. ..... proceedings were thereafter initiated under the provisions of the public premises eviction act. .....

T. Sakuntala Vs. B. Satya Murthy and Another

Court : Andhra Pradesh

Reported in : 1999(2)ALD2; 1998(6)ALT829

..... judgment as under:'in the present case it was urged in the courts below, and the same contention is repeated in this court, that the commuted portion of the pension is not attachable by reason of the provisions of section 11, pensions act, which runs as follows: no pension granted or continued by government on political considerations, or on account of past services or present infirmities or as a compassionate allowance, and no money due or to become due on account of any such pension or allowance, shall be liable to seizure, ..... the reading of the judgment of the high court of madras, (supra), i find that the high court of madras interpreting section 11 of the pensions act, 1871, held that even the commuted pension cannot be attached in pursuance of an execution of a decree. ..... by interpreting the said section 11 of the pensions act and also the circular no.f7(28) e.v/53 dated august, 25, 1985, the hon'ble supreme court ruled as under:'it bears out the construction that the words 'money due or to become due on account of pension' occurring in section 11 of the pensions act, 1871 includes the commuted portion of the pension payable to an employee after his ..... is not in dispute that pensions act, 1871 is still in force. ..... this view of the matter, the commuted pension also cannot be attached in terms of section 60 cpc, since it has to be read with section 11 of the pensions act, 1871. ..... the commuted pension payable to the respondent, contrary to section 11 of the pensions act, 1871. 13. .....

Gram Panchayat, Sawargaon Vs. Jamnaprasad Raghunath Prasad

Court : Mumbai

Reported in : (1967)69BOMLR801; (1968)ILLJ222Bom; 1968MhLJ71

..... disposition with the decentralization of the powers of the state government, these functions are entrusted to the local bodies like the janpad sabha under the local government act, or the municipal authorities in urban areas and the village panchayats under the bombay village panchayats act, is in no way derogatory to the position as to the character of the power which is vested in these authorities so far as the activities relating ..... stage a statute called the cattle trespass act, 1871, came to be put on the statute ..... 826) : 'their lordships are disposed to think that the maintenance of private cattle-pounds is incompatible with provisions of the cattle trespass act, and they are of opinion that under the circumstances the establishment and maintenance of cattle-pounds under the superintendence and control of government officials employed to obtain ..... under the cattle trespass act, 1871, this duty was imposed ..... act, 1959, the duty of establishing and maintaining cattle-pounds has been imposed now on village panchayats and to that extent, the provisions of the cattle trespass act, 1871, cease to operate within the area in the jurisdiction of a village panchayat established under the bombay village panchayats act. ..... 4 of the cattle trespass act, 1871, which was an all-india statute, to establish cattle-pounds at such ..... of the government and that the resumption of cattle-pounds was not only not illegal, but was perfectly legal under the provision of the cattle trespass act, 1871. .....

The State of Bombay Vs. Shirish V. Pai and ors.

Court : Mumbai

Reported in : AIR1959Bom6; (1958)60BOMLR822; 1959CriLJ30; ILR1958Bom847

..... defence taken by all the opponents while resisting these applications is that the coroner appointed under the coroners act, 1871, is not a court within the meaning of the contempt of courts act, 1952, and that, therefore, the printing and publication of the abovementioned writings cannot amount to a ..... i have stated above that the coroner has no power to pronounce a binding and authoritative decision nor has any power been conferred upon him under the act to take the assistance of the jury, reach in the matter of the death of a deceased person, whose cause he is therefore, clear that, upon the application of the test that a tribunal is not a ..... then there is section 25 which lays down that when the jury or a majority of the jury finds that the death of the deceased person was occasioned by an act which amounts to an offence under any law in force in india, the coroner shall immediately after the inquest forward a copy of the inquisition, together with names and addresses of the ..... we have no doubt that if the legislature had intended that a coroner should be deemed to be a court under the contempt of courts act, it would have expressly stated so when it specifically provided in section 17, sub-section (4), section 19, sub-section (3) and section 20, sub-section (2) that he shall be deemed to be a court for the purpose ..... law and the point raised is : is the coroner appointed under the coroners act, 1871 (act no. ..... 1871), a court within the meaning of the contempt of court act, 1952 (act .....

Shriprakash Shivram Potdar Vs. the State

Court : Mumbai

Reported in : AIR1962Bom252; (1962)64BOMLR339; ILR1962Bom409

..... , which would justify the conclusion to which the coroner's jury has come, and for that reason we must allow this application and exercise our jurisdiction under the first part of section 29 of the coroner's act, 1871 by directing that the verdict of the jury and the inquisition do stand partially quashed. ..... (3) turning to the provisions of the coroner's act, 1871, section 29 provides that:'no inquisition found upon or by any inquest shall be quashed for any technical defect. ..... if the verdict of the coroner's jury is assailed on a technical plea, the second part of section 29 of the coroner's act, provides that rather than quash a verdict, the high court may amend the verdict so as to cure the inquisition of all technical infirmities. .....

Janardan Sahu Vs. Arakhit Sahu

Court : Orissa

Reported in : AIR1967Ori150; 33(1967)CLT226; 1967CriLJ1354

..... the last contention raised by the learned counsel is that the quantum of compensation allowed to the opposite party is contrary to the terms of section 22 of the cattle trespass act therein the compensation provided is 'reasonable compensation, not exceeding one hundred rupees to be paid by the person who made the seizure or detained the cattle, together with all fines paid and expenses ..... under section 11 of the cattle trespass act, 1871, persons authorised to seize, or cause to be seized, any cattle doing damage are the persons in charge of public roads, pleasure grounds, plantations, canals, drainage works, embankment and ..... the learned counsel that the compensation allowed in this case is illegal--what section 22 provides is a reasonable compensation and that reasonable compensation will naturally mean the compensation which as a result of the wrong act done by the accused is found sufficient to compensate the complainant for the loss incurred by him. ..... learned counsel is that in any case there is no evidence on the record to show that the learn ed magistrate, who tried the case, was authorised to receive and try charges as contemplated in section 20 of the cattle trespass act, 1871. ..... therefore, in view of the provision made in section 22 of the cattle trespass act, grievance has been made on behalf of the petitioner that the quantum of compensation allowed is illegal for two reasons (1) that section 22 does not allow grant of any compensation for incurring cost and litigation .....

Press Council of India Vs. All India Small and Medium Newspapers Feder ...

Court : Delhi

Reported in : 2001IVAD(Delhi)221; AIR2001Delhi366; 91(2001)DLT255; 2001(58)DRJ723

..... the counsel for the applicant relied strongly on the tense used in section 2 of the dogs act, 1871, where a reference inter alias was made to a complaint that a dog 'is' dangerous, and not kept under proper control, and again that 'if it appears to the court having cognizance of such ..... 707 (queen 's bench division) wherein the court was dealing with section 2 of the dogs act, 1871, which stated as follows :- 'any court of summary jurisdiction may take cognizance of a complaint that a dog is dangerous, and not kept under proper control, and if it appears to the court having ..... even though the supreme court found that the definition of the word 'insurer' was exhaustive it held that some of the sections of the insurance act using the word 'insurer' did not merely mean a person actually carrying on the business of insurance, but included a person who intended to carry on the business of insurance but ..... dated october 1, 1997 circulated the opinion of the chairman on the issue according to which sub-section (7) of section 6 of the act debarred the same person from holding the office as a member of the press council for more than two terms during his life time. ..... a complaint was made under section 2 of the dogs act, 1871, against the owner of an alsatian dog which showed itself to be dangerous on november 30, 1962 when it ..... bernard on the ground that he was the owner of a dangerous dog which on november 30, 1962 was not kept under proper control contrary to section 2 of the dogs act, 1871. .....