Array
(
    [0] =>  ..... 'if we apply these principles to the facts in the instant case, the answer on the point under reference cannot but be plainest possible yes.'2. section 236 of the indian succession act rightly bars grant of letters of administration to a minor because of his legal in capacity. but it does not bar his guardian, whether natural guardian or ..... reference made to him for decision when two honourable judges of the said court had differed on this point of law. section 236 of the indian succession act says that letters of administration cannot be granted to any person, who is a minor. the learned judge of the calcutta high court, who rendered the .....  appointed under the will, a petition filed by minor legatee through his natural guardian for grant of letters of administration was maintainable in law and that section 236 of the indian succession act was not a bar to the filing of such a petition. this decision was rendered by a single judge of the calcutta high court on a  ..... 
    [1] =>  ..... 'if we apply these principles to the facts in the instant case, the answer on the point under reference cannot but be plainest possible yes.'3. section 236 of the indian succession act rightly bars grant of letters of administration to a minor because of his legal in capacity. but it does not bar his guardian, whether natural guardian or ..... reference made to him for decision when two honourable judges of the said court had differed on this point of law. section 236 of the indian succession act says that letters of administration cannot be granted to any person, who is a minor. the learned judge of the calcutta high court, who rendered the .....  appointed under the will, a petition filed by minor legatee through his natural guardian for grant of letters of administration was maintainable in law and that section 236 of the indian succession act was not a bar to the filing of such a petition. this decision was rendered by a single judge of the calcutta high court on a  ..... 
    [2] =>  ..... (1908) 12 cal wn 446 on which reliance had been placed by abdul hadi, j.-- in which fletcher, j. stated thus, (vide page 447):"section 4, sub-sec. (9) of the inventions and designs act of 1888 says that a district court has the meaning assigned to that expression by the code of civil procedure. now let us look at the ..... wilful or fraudulent misstatement, or upon the ground that the invention is of no utility. when the defendant raised a contention which would fall under sub-sec. (2) of s. 29 of the said act, it was submitted on behalf of the defendant that s. 29 applied only to suits filed in a "district court", that the expression did  ..... under this chapter in respect of the infringement of copyright in any work or the infringement of any other right conferred by this act shall be instituted in the district court having jurisdiction.(2) for the purpose of sub-sec. (1), a 'district court' having jurisdiction shall notwithstanding anything contained in the code of civil procedure, 1908, or any  ..... 
    [3] =>  .....  be specified in the notification to try the following offences, namely : (a) an offence punishable under section 161, section 162, section 163, section 164, section 165 or section 165a of the indian penal code (act xiv of 1860) or section 5 of the prevention of corruption act, 1947. (ii of 1947); (b) any conspiracy to commit or any attempt to commit or any .....  of these points, two pioneering decisions of the supreme court explaining in so unambiguous and clear-cut-terms the extent of amplitude of the power, besides section 26 of the general clauses act, 1897 ('act, 1897' for short) may be referred to. 56. the first decision is the one reported in : 1960crilj1239 r. p. kanpur v. state  ..... itself whether the order is justified by the facts and circumstances of the case. (10) in the exercise of the wholesome power under the section 482 of the act 2 of 1974 (section 561 of the 1898 code), the high court is entitled to quash a proceeding if it comes to the conclusion that allowing the proceeding  ..... 
    [4] =>  ..... nature of the income, we are unable to agree with this line of reasoning. when under clause (b) of rule 6 read with section 17(1)(vi) of the act and section 15 of the act, the payment of excess interest is deemed to be included in the "salary" income and also assessable as such, it cannot be  ..... excess interest credited which is declared to be liable to tax under rule 6 is included in the expression "salary" for purposes of sections 15, 16 and 17 of the act. section 15 of the act provides for certain deductions while computing the income chargeable under the head "salary". the interest income in excess of the permissible limit referred ..... footing that the aforesaid amounts had been added back, in the appeals preferred by the assessee reiterating that the excess interest disallowed should be deducted under section 80l of the act, which provided for deduction of interest from certain specified investment, the appellate assistant commissioner took the view that the source for the said amounts is  ..... 
    [5] =>  .....  section 59 of the act (old section 52 of act 1951) the section will prevail over the clause in the scheme. thus the suit suffers from the defect that it has not been filed by the commissioner or ..... institution of the suit.'in venkatesha malia v. rammapalli ramaya hegade, air 19i5 mad 127 a division bench of this court dealing with the sanction obtained under section 18 of the religious endowments act (20 of 1863) ruled (as the head notes correctly read) that,'sanction for instituting suits against trustees of religious establishments should be construed strictly without enlarging ..... . but this clause in general relates to proceedings in the court and as regards the filing of a suit as against the trustee, in the act itself it is specifically provided in section 59 as to how it shall be filed. even if it can be said that there is any repugnancy between clause 15 of the scheme and ..... 
    [6] =>  ..... deals with certain kind of agreements which are now made chargeable to stamp duty and also compulsorily registrable under s. 17(1)(f) of the registration act. section 17 of the act deals with the obligation to stamp instru-ments, and it is as follows :--"all instruments chargeable with duty and executed by any person in india  ..... registrar before whom a document is presented for registration cannot embark on the independent enquiry regarding the value of the property, yet he has power under section 35 of the stamp act, to refuse registration if the document is not duly stamped: from which it would seem to follow that he can require the person seeking registration  .....  the agreement for the purpose of execution. such certificate shall be conclusive proof of the cost of the proposed construction".in the registration act, section 17(1) (f) as amended by t. n. act 38 of 1987 reads as follows :"instruments of agreement relating to construction of multi-unit house or building on land held by several ..... 
    [7] =>  .....  1988(36)elt201(sc) , to put forth a claim that the objects and reasons could be looked into as an aid to understand the scope and applicability of the sections in an act. in para 41 therein, it is stated as follows (at p.23 of 65 comp cas) : 'it has to be reiterated, however, that the objects and  .....  one of the articles which deals with certain kinds of agreements which are now made chargeable to stamp duty and also compulsorily registrable under section 17(1)(f) of the registration act. section 17 of the stamp act deals with the obligation to stamp instruments and it is as follows : all instruments chargeable with duty and executed by any person in ..... land alone is sought to be sold without reference to the building, the authorities concerned are entitled to proceed under section 27 read with section 47a and section 64, etc., of the stamp act by applying section 8 of the transfer of property act. the second type of cases is where the owner of the land agrees to sell or sells an undivided  ..... 
    [8] =>  .....  jj.), the purchaser of the equity of redemption at a sale in execution of a money decree against the mortgagors claimed to have the mortgage decree amended under section 19 of the act iv of 1938. it was contended that the application for scaling down the mortgage decree is not maintainable as a purchaser of equity of redemption will not come .....  an estate can claim the relief. the other reason given is that the estate being a charitable trust has been specifically and expressly excluded by the terms of section 3(1) of the act. as such, in the circumstances, of this case, the said decision is not helpful to support the contention of the creditor.9. now, we shall consider whether ..... to have been actually advanced, less any amount already received by a creditor in excess of the amount due to him under clause (a) of sub-section (2) of section 3 of the usurious loans act 1918'. a suit to redeem property on payment of the amount due on the mortgage is a suit in respect of a debt; and the court  ..... 
    [9] =>  ..... for grant of interest, viz., section 80, negotiable instruments act, section 61(2) of the sale of goods acts, section 23 of the trusts act, sections 351 to 353 of the indian succession act, section 111-cc of the motor vehicles act and section 29 of the arbitration act. learned counsel submitted that the payment of bonus act does not contain a similar  .....  high court order of 26.3.1987. pursuant to such letters, payments were made to these workers after memoranda of settlements under section 18(1) of the industrial disputes act and rule 25(1) of the tamil nadu industrial disputes rules, 1958 were entered into between the petitioner and the respective unions. ..... court had power to award interest to corporation from the principal employer if he failed to pay contribution. section 78 of the employees' state insurance corporation act is analoguous to section 11 of the industrial disputes act. the former confers the powers of a civil court with reference to matters specified therein on the employees ..... 
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