Judgment Search Results Home > Cases Phrase: destructive insects and pests act 1914 Page 11 of about 471 results (0.135 seconds)

Channing Arnold Vs. the Emperor

Court : Mumbai

Reported in : (1914)16BOMLR544

..... has been a violation of the natural principles of justice so demonstratively manifest as to convince their lordships first, that the result arrived at was opposite to the result which their lordships would themselves have reached, and secondly, that the same opposite result would have been reached by the local tribunal also if the alleged defect or misdirection had been avoided. ..... true,' observed lord atkinson, ' they show that these officials, or at least the sub-inspector, induced the witness to forswear himself, and found in him a pliant instrument ready to give false evidence upon oath to secure the conviction of his own father; and, if false, they show that the witness was ready to commit...deliberate perjury whenever he was confronted with the inconsistencies in his former ..... being questioned the learned counsel for the appellant frankly admitted that the exception was not in point of fact pleaded as a defence, and their lordships do not understand that they disputed that the learned chief judge's statement of what occurred at the trial by reiterated innuendo ..... were satisfied that he did give that due care and attention, and that he acted in good faith, then the exception formed a good defence, and the accused would be found not guilty. ..... the attitude and absence of the accused may well have been considered by the jury rather destructive than helpful to the ..... the true issue in the case was as to his own 1914 bona fides and the care and attention which would verify that, mr. ..... (1914) .....

Gurcharan Singh Sahney and Others Vs. Harpreet Singh Chabbra and Other ...

Court : Andhra Pradesh

..... a situation where there are justifiable doubts, whereas section 14 deals with the power of the court where the issue raised by a party is confirmed; section 12 is at the stage of appointment of the arbitrator, and section 14 is during continuance of arbitral proceedings; sections 9 and 17 of the act also show that the intention of legislature is to permit approach to the court as well as to the arbitrator on the same issue; even if the issue raised in the section 12 (3) proceedings, is similar to ..... parties can, by mutual consent, extend the time; all the judgments relied upon by the respondents deal with a situation where the agreement provides for a time limit to complete arbitration proceedings and, in those circumstances, reference is made to section 4 (b) of the act regarding waiver; in the present case there is no time fixed in the agreement for conclusion of the proceedings; the contention, regarding the conduct of the petitioner, is found only in one ..... to the arbitrator, is to raise the ground of alleged bias while challenging the award in a petition under section 34 of the act; section 5 of the act specifically prohibits intervention of a judicial authority, except where so provided in part-i of the act; the remedy under section 14 of the act is not analogous to the remedy provided under sections 12 and 13 of the act, and are mutually exclusive; in their notice dated 25.7.2012, the petitioners sought appointment of the arbitrator as the named arbitrator; they later ..... (1914) .....

Brij Kishore Verma Vs. State of Uttar Pradesh

Court : Allahabad

..... matter, are that action that relate to subjects of a permanent or general character are "legislative," while those that are temporary in operation and effect are not, and that acts necessary to carry out existing legislative policies and purposes which are properly characterized as executive are deemed "administrative," while acts constituting declaration of public policy are deemed to be legislative, and in appropriate cases a third test exists which provides that amendment to original legislative ..... 1914 ..... department, no department shall, without the previous concurrence of the finance department, issue any orders which may (a) involve any abandonment of revenue or involve any expenditure for which no provision has been made in the appropriation act; (b) involve any grant of land or assignment of revenue or concession, grant, lease or licence or mineral or forest rights or a right to water power of any easement or privilege in respect of such concession; (c) relate to the number or grade of posts, ..... a state; (b) "gram sabha" means a body consisting of persons registered in the electoral rolls relating to a village comprised within the area of panchayat at the village level; (c) "intermediate level" means a level between the village and district levels specified by the governor of a state by public notification to be the intermediate level for the purposes of this part; (d) "panchayat" means an institution (by whatever name called) of self-government constituted under article 243b, .....

Surya Properties Private Ltd. and ors. Vs. Bimalendu Nath Sarkar and o ...

Court : Kolkata

..... reliance is placed for the above argument by way of analogy, makes the position absolutely clear as it expressly speaks of the particular tenancy being terminable by the notice, in keeping with section 111(h) of the act, to which it is obviously referable and which deals with notices to quit and determination of leases by reason of such notices, that is, with determination of tenancies with the expiration of the notices in question in accordance with the term, as evidenced by the said notices, 'to determine the ..... etc. under clause (o) the lessee must use the property and its products as a person of ordinary prudence would use them if they were his own; but he must not use or permit another to use, the property for a purpose other than that for which it was leased, or fell or sell timber, pull down or damage, buildings belonging to the lessor or commit any other act which is destructive or permanently injurious ..... . the suit or proceeding, contemplated insection 13 (6), rests on forfeiture of the statutory protection by reason of the presence of one or other of the circumstances, mentioned in section 13 (1), and, in that context, in the absence of any contrary indication, the notice of suit should contain reference to the ground or grounds of such forfeiture to apprise the tenant of the reason for the intended suit or proceeding ..... . by the end of the war of 1914-1918, many countries had enacted provisions controlling rent, and by 1950 some 150 countries had adopted such laws .....

Royal Nepal Airline Corporation and anr. Vs. Monorama Meher Singh Legh ...

Court : Kolkata

Reported in : AIR1966Cal319,69CWN767

..... trying circumstances in the case of the exchange......but if such an enquiry could properly he instituted it seems clear that in the present case the ship has been mainly used for the purpose of carrying the mails, and only subserviently to that main object for the purpose of trade......it has been frequently stated that an independent sovereign cannot be personally used, although he has carried on a private trading adventure ............ if the remedy ..... eases in which the foreign sovereign was either directly in possession of the property himself or indirectly in possession by his servants but applied also where bailment of the property was made by or on behalf of the foreign sovereign; and as action was brought against the bailee, the court had no jurisdiction to order the bank to deliver to the french government the 51 gold bars which were still subject to the contract of bailment; inasmuch as 'possession' within ..... moreover, there is nothing to show that the administrative officer divakara bickrarn rana of the administrator of the defendant corporation was acting with the knowledge and authority of his majesty the king of nepal or the ministry of transport and communication of the government of nepal in giving instructions for entering appearance to the writ or making any applications for discovery or in complying with order for discovery obtained against ..... to the case of 1906 p 270 and (1914) 1 ch ..... (1914-1 ch 139) and recorded the following conclusion ..... . in 1914-1 ..... in (1914) .....

Mohinder Pal Vs. State of H.P. and ors.

Court : Himachal Pradesh

Reported in : AIR1995HP15

..... appointed by the government where any dispute arises whether the amount determined by the special officer and payable in consideration of extinguishment of rights in the kutlehar forest is in conformity with the provisions of section 6 of the act; whether property belonging to, or any right, liability or obligation attaching to the grantee vests in the government and whether any agreement or other contract referred to in section 12 has been entered into bona ..... community over an individual citizen but is applicable only in those cases where private property is wanted for public use, or demanded by the public welfare and that no instance is known in which it has been taken for the mere purpose of raising a revenue by sale or otherwise and the exercise of such a power is utterly destructive of individual right. ..... secretary of state, 42 ind app 44 : (air 1914 pc 20), it was held that in case the termination of lease and resumption of possession was with the object of using the land for providing ..... or (c) the amalgamation of two or more corporations either in the public interest or in order to secure the proper management of any of the corporations, or (d) the extinguishment or modification of any rights of managing agents, secretaries and treasurers, managing directors, directors or managers of corporations, or of any voting rights of shareholders thereof, or (e) the extinguishment or modification of any rights accruing by virtue of any agreement, lease or licence for the purpose of .....

indra Sawhney Etc. Etc Vs. Union of India and Others, Etc. Etc.

Court : Supreme Court of India

Reported in : AIR1993SC477; [1992]Supp2SCR454; 1992DGLS(soft)768:1992Supp(3)SCC217

..... union of india sworn by the additional secretary to the government of india in the ministry of welfare, the following averments with statistical figures are given:based on the replies furnished by 30 central ministries and departments and 31 attached and subordinate offices and public sector undertakings under the administrative control of 14 ministries (which may be treated as sufficiently representative of the total picture) the commission arrived at the following figures:-category of total number percentage percentage ..... rule regarding equality of opportunity has been destroyed and the court will then come to the conclusion whether the local government or the state government has acted in a reasonable and prudent manner.since this court has consistently held that the reservation under articles 15(4) and 16(4) should not exceed 50% and the states and the union have by and large accepted this as correct it should be held as constitutional prohibition and any reservation beyond 50% would liable to be ..... since acceptance of caste, race or religion would be destructive of the entire constitutional philosophy and would be contrary to the preamble of the constitution it cannot be accepted as a legal method of identification of backward classes ..... any attempt to perpetuate reservation and upset the constitutional mandate of equality is destructive of liberty and fraternity and all the basic values enshrined ..... therefore what is destructive of equality for article 16(1) would apply equally .....

Kesavananda Bharati Sripadagalvaru and ors.Vs. State of Kerala and anr ...

Court : Supreme Court of India

Reported in : AIR1973SC1461; (1973)4SCC225; [1973]SuppSCR1

..... the material importance of this case is that even though observations were made by the lordships which may in a sense be obiter those were based on necessary implications arising from section 29 of the ceylon constitution act and were made with reference to interpretation of constitutional provisions which had a good deal of similarity (even on the admission of the advocate general of maharashtra) with some parts of our constitution, particularly those which ..... the power of amendment, that the preamble sets out the great objectives of the people in establishing the constitution, that it envisages a sovereign democratic republic with justice, social, economic and political, liberty of thought, belief and expression, equality of status and opportunity and fraternity as its fulcrums and that no succeeding generation can amend the provisions of the constitution in such a way as to radically alter or modify the basic features of that form of government or the ..... 2139. counsel for the petitioner urges : (1) that the word 'amendment' is not a term of art and has no precise and definite, or primary and fundamental, meaning; (2) that article 368 carries vital implications by its very terms and there is inherent evidence in that article to show chat in the context thereof the word 'amendment' cannot cover alterations in, damage to, or destruction of any of the essential features of the constitution; (3) that article 13(2) by taking in constitutional amendments constitutes an express ..... 1914 .....

Sidhu Roadlines Regd. and ors. Vs. the State of Punjab

Court : Punjab and Haryana

Reported in : (2003)134PLR280

..... according to that court, since the purpose of the tax imposed by the state on motor vehicles using its road is to obtain from them a fair contributive share of the cost of constructing and maintaining the public highways and facilities furnished and to defray the expenses of administering the police regulations enacted for the purpose of ensuring the public safety, the method used by the state for imposing tax does not seem to be of great significance; but such ..... the state government had also levied tax on passengers under the provisions of the punjab passengers and goods taxation act, 1952 (for short 'the passengers tax act') the passenger tax was imposed at the rate of 45% of the fare as fixed by the state government from time to time. ..... therefore, when the government, in the exercise of its power to tax, made a classification between stage carriages on the one hand and contract carriages on the other and fixed a higher rate of tax on the latter, the presumption is that the government made that classification on the basis of its information that contract carriages are using the roads more than the stage carriages ..... the supreme court has observed that once the state legislature is found to be competent to pass the act and the government is authorised to levy the tax, the question of motive with which the tax was imposed is immaterial.24. ..... town areas act, 1914. ..... town areas act, 1914.26. .....

Sujato Bhadra Vs. State of West Bengal

Court : Kolkata

Reported in : 2005(4)CHN601,2005CriLJ368

..... of the said section is evident in the report of the select committee:'...that the essence of the offence is that the insult to religion or the outrage to religious feelings must be the sole, or, primary, or at least the deliberate and conscious intention....further, we were impressed by an argument to the effect that an insult to a religion or to the religious beliefs of the followers of a religion might be inflicted in good faith by a writer with the object of facilitating ..... a woman, had written the alleged offending part in the context of the status of women in the society in bangladesh emanating from adoption of islam as a state religion; (3) that she was expressing her own view and political thoughts/philosophy in relation to the constitution of bangladesh of which secularism was one of its salient features since deviated from, subsequently, by the state by adoption of islam as a state religion doing away with the ..... is of a nature calculated to promote feelings of enmity or hatred for, a person must be presumed to intend the natural consequences of his act; (3) the matter charged of, as being within the mischief, must be read as a whole, one cannot rely on stray, isolated passages nor indeed can one take a sentence here and a sentence there and connect them by a meticulous process of inferential reasoning; (4) for judging what are the natural or probable consequences of the writing, it is permissible ..... from the book read as a whole, is constructive not destructive. ..... (1914) .....