Array ( [0] => ..... not yet statute barred. but it appears to them that it is difficult to apply this principle unless the acknowledgment is such as to satisfy the conditions of section 19 of the indian limitation act. it must be in writing and it must be signed. these conditions were not in the present case satisfied. their lordships are accordingly of opinion that ..... be sustained. for apart from any other reason for rejecting them it is conclusive that the high court thought fit to take advantage of the provisions of the orissa moneylenders act, to reopen the whole of the transactions which culminated in the hand note of november 8, 1934, and to allow simple interest at 12 per cent, per annum up ..... before doing so it is necessary to note that during the pendency of the appeal from the subordinate judge to the high court the provisions of the orissa moneylenders act (orissa act iii of 1939) were extended to sambalpur and that the appellants claimed in the high court that they should have the benefit of this ..... [1] => ..... statute. but as i read the judgment of the privy council, it is not on the construction of any particular section that these observations of the privy council are based. the privy council has laid down a general principle which is as much applicable to the british columbia taxation ..... as the risk insured against materialized.4. sir jamshedji has attempted to distinguish this case on the ground that the privy council was considering the british columbia taxation act and it would be unwise to apply those observations of the privy council based upon the construction of one taxation statute to the provisions of a different taxation ..... act as to our own income-tax act, because the definition of 'income' under our act is a very wide one and it covers innumerable cases. i am, therefore, of the opinion that the amount received by ..... [2] => ..... have no hesitation in repelling it. the argument on this point is based on the definition of the term 'employer' given in clause (g)(i) of section 2 of the act, which runs thus :'employer' means-(i) in relation to an industry carried on by or under the authority of any department of a government in british india ..... enactments was the registration and formation of trade unions and not for the purpose of defining the relations between the employers and the employees. section 28(k) of the amending act xiv of 1947 was enacted to prevent employers from interfering with the formation of trade unions and against preventing workmen from joining or helping in ..... issued by coyajee j. against the industrial tribunal to which a dispute between the western india automobile association and its workers had been referred under section 10 of the industrial disputes act, xiv of 1947.2. though a number of points were raised before coyajee j. and before the division bench, the principal question raised by ..... [3] => ..... (1866) 5 w.r. (cr) 80 that the law relating to accomplice evidence was the same in india as in england. then came the indian evidence act which by section 133 enacts thatan accomplice shall be a competent witness against an accused person; and a conviction is not illegal merely because it proceeds upon the uncorroborated testimony of ..... of an accomplice supported only by the confession1 of a co-accused. their lordships whilst not doubting that such a conviction is justified in law under section 183 of the evidence act, and whilst appreciating that the coincidence of a number of confessions of co-accused all implicating the particular accused, given independently, and without an opportunity ..... a confession of a co-accused is obviously evidence of a very weak type. it does not indeed come within the definition of 'evidence' contained in section 8 of the evidence act. it is not required to be given on oath, nor in the presence of the accused, and it cannot be tested by cross-examination. it is ..... [4] => ..... a more general word used by the legislature in that very definition.3. therefore, in our opinion, the expression 'loan' used by the legislature and as defined by section 2(9) covers a loan which is secured as well as a loan which is unsecured, and it is immaterial whether the lender advances money on security which fully covers ..... law. as a matter of fact he called upon responsible authorities on several occasions to elucidate the meaning of the expression 'loan' as used in the money-lenders' act, and the accused has also fought this case more as a test case than anything else. he wanted an authoritative pronouncement of the court as to what the true ..... applicant before us carried on the business of a money lender without obtaining a license and without keeping and maintaining the accounts as required by the bombay money-lenders' act xxxi of 1947. the contention of the accused was that he advanced moneys only on security and that he took security which was sufficient to cover the whole of ..... [5] => ..... there is, in our view, no irreconcilable conflict here such as would necessitate recourse to the principle of federal supremacy laid down in section 100 of the constitution act. section 14-b does not purport to restrict or prohibit dealings in liquor in respect of its importation or exportation across the sea or land ..... were made by the government of india (adaptation of indian laws) order, 1937, to bring its provisions into accord with those of the constitution act as provided for in section 298 thereof. one of such modifications was the substitution of new definitions of the expressions 'to import' and 'to export.' whereas these expressions previously ..... on her behalf were rejected and the conviction and sentence were confirmed, but in view of the constitutional question involved a certificate under section 205(1) of the constitution act was granted. the appellant has accordingly brought this appeal to have that question determined by this court.3. to appreciate the arguments advanced ..... [6] => ..... examination of a director-and sir fazal was a director of the company with which we are concerned in this case-is founded on section 196 of the indian companies act. that section provides that 'when an order has been made for winding up a company by the court, and the official liquidator has applied to ..... to the public examination was first introduced into the english company law by the companies winding act of 1890 and section 8(2) corresponds to section 177bf2) and section 8(3) corresponds to section 196 of our companies act. it is very significant to note that section 8(3) speaks of 'the court may, after consideration of any such report', any ..... reference whatever to the report which the official liquidator has got to make under section 177b. when we turn to the english companies act, which is in force today, we find that section 182 corresponds to section 177b and section 216 corresponds to section 196, and section 216 provides that 'where an order has been made in england for winding up ..... [7] => ..... declared unlawful on pain of penalty. if the members chose not to desist, then the penalty is incurred. for the purposes of the application of section 17 (1) criminal law amendment act, the courts take judicial notice of the notification and then examine the evidence showing whether a or b took part or not in a manner prohibited ..... is open to me to declare the notification ultra vires because there is no proof of such danger and that in any event the conviction under section 17 (1), criminal law amendment act cannot be sustained because in a criminal prosecution all the ingredients of the offence have to be proved. a large number of cases were cited ..... the facta are admitted. the provincial government declared the organisation called the rashtriya swayam bewak sangh (shortly r. s. s.) as an unlawful body under section 16/16, criminal law amendment act, the members of the sangh tried for a time to get the ban lifted but thereafter they decided to resume the activities and to offer satyagraha. ..... [8] => ..... 83 feet from the firing-floor level as per requirement of smoke nuisance department and committed breach of rule 20 of the bombay smoke nuisance act of 1912 under section 9(1) of the said act.it would thus appear that the charge against the accused was for having contravened the provisions of rule 26 of the smoke nuisance rules. ..... the charge against him was of non-compliance with the requirements of rule 26 of the smoke nuisance rules. we think that this submission must be accepted. under section 8 of the act :'furnace' means any furnace or fire-place used-(a) for working engines by steam, or(b) for any ether purpose whatsoever :provided that no furnace or ..... density, or at a lower altitude, or for a longer time, than is permitted by rules made under this act, the owner of the furnace shall be liable to line (which is prescribed in that section).section 11 of the act empowers the provincial government to frame rules, inter alia, to(f) prescribe the altitude below which smoke may not ..... [9] => ..... 1. the question that arises on this reference is', whether a certain amount paid by an employer to his employees is a valid deduction under section 10(2)(xv) of the indian income-tax act,' 1922, and in order to determine it we have got to consider whether it is an expenditure laid out or expended wholly and exclusively ..... to tax for excess profits tax under the excess profits tax act, and, therefore, in order to arrive at the total income of the assessee for both purposes the question whether deductions are permissible under section 10 or not have to be considered. the excess profits tax act gives wider powers to the excess profits tax officer and that ..... is that although a deduction may be permissible under the income-tax act, he may still disallow it under the excess profits tax act. but in this case as the ..... ) Explosives Act 1884 Section 4 Definitions - Court Mumbai - Year 1949 - Page 5 - Judgments | SooperKanoon Skip to content


Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Court: mumbai Year: 1949 Page 5 of about 63 results (0.060 seconds)

Nov 14 1949 (PC)

Nagarmal Vs. Bajranglal

Court : Mumbai

Decided on : Nov-14-1949

Reported in : (1950)52BOMLR467

..... not yet statute barred. but it appears to them that it is difficult to apply this principle unless the acknowledgment is such as to satisfy the conditions of section 19 of the indian limitation act. it must be in writing and it must be signed. these conditions were not in the present case satisfied. their lordships are accordingly of opinion that ..... be sustained. for apart from any other reason for rejecting them it is conclusive that the high court thought fit to take advantage of the provisions of the orissa moneylenders act, to reopen the whole of the transactions which culminated in the hand note of november 8, 1934, and to allow simple interest at 12 per cent, per annum up ..... before doing so it is necessary to note that during the pendency of the appeal from the subordinate judge to the high court the provisions of the orissa moneylenders act (orissa act iii of 1939) were extended to sambalpur and that the appellants claimed in the high court that they should have the benefit of this .....

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Mar 18 1949 (PC)

The Raghuvanshi Mills, Ltd. Vs. the Commissioner of Income-tax

Court : Mumbai

Decided on : Mar-18-1949

Reported in : (1949)51BOMLR675

..... statute. but as i read the judgment of the privy council, it is not on the construction of any particular section that these observations of the privy council are based. the privy council has laid down a general principle which is as much applicable to the british columbia taxation ..... as the risk insured against materialized.4. sir jamshedji has attempted to distinguish this case on the ground that the privy council was considering the british columbia taxation act and it would be unwise to apply those observations of the privy council based upon the construction of one taxation statute to the provisions of a different taxation ..... act as to our own income-tax act, because the definition of 'income' under our act is a very wide one and it covers innumerable cases. i am, therefore, of the opinion that the amount received by .....

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Mar 30 1949 (PC)

Western India Automobile Association Vs. the Industrial Tribunal

Court : Mumbai

Decided on : Mar-30-1949

Reported in : (1949)51BOMLR894

..... have no hesitation in repelling it. the argument on this point is based on the definition of the term 'employer' given in clause (g)(i) of section 2 of the act, which runs thus :'employer' means-(i) in relation to an industry carried on by or under the authority of any department of a government in british india ..... enactments was the registration and formation of trade unions and not for the purpose of defining the relations between the employers and the employees. section 28(k) of the amending act xiv of 1947 was enacted to prevent employers from interfering with the formation of trade unions and against preventing workmen from joining or helping in ..... issued by coyajee j. against the industrial tribunal to which a dispute between the western india automobile association and its workers had been referred under section 10 of the industrial disputes act, xiv of 1947.2. though a number of points were raised before coyajee j. and before the division bench, the principal question raised by .....

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Feb 17 1949 (PC)

Bhuboni Sahu Vs. the King

Court : Mumbai

Decided on : Feb-17-1949

Reported in : (1949)51BOMLR955

..... (1866) 5 w.r. (cr) 80 that the law relating to accomplice evidence was the same in india as in england. then came the indian evidence act which by section 133 enacts thatan accomplice shall be a competent witness against an accused person; and a conviction is not illegal merely because it proceeds upon the uncorroborated testimony of ..... of an accomplice supported only by the confession1 of a co-accused. their lordships whilst not doubting that such a conviction is justified in law under section 183 of the evidence act, and whilst appreciating that the coincidence of a number of confessions of co-accused all implicating the particular accused, given independently, and without an opportunity ..... a confession of a co-accused is obviously evidence of a very weak type. it does not indeed come within the definition of 'evidence' contained in section 8 of the evidence act. it is not required to be given on oath, nor in the presence of the accused, and it cannot be tested by cross-examination. it is .....

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Aug 25 1949 (PC)

Emperor Vs. Jhaverilal Maganlal

Court : Mumbai

Decided on : Aug-25-1949

Reported in : (1949)51BOMLR991

..... a more general word used by the legislature in that very definition.3. therefore, in our opinion, the expression 'loan' used by the legislature and as defined by section 2(9) covers a loan which is secured as well as a loan which is unsecured, and it is immaterial whether the lender advances money on security which fully covers ..... law. as a matter of fact he called upon responsible authorities on several occasions to elucidate the meaning of the expression 'loan' as used in the money-lenders' act, and the accused has also fought this case more as a test case than anything else. he wanted an authoritative pronouncement of the court as to what the true ..... applicant before us carried on the business of a money lender without obtaining a license and without keeping and maintaining the accounts as required by the bombay money-lenders' act xxxi of 1947. the contention of the accused was that he advanced moneys only on security and that he took security which was sufficient to cover the whole of .....

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Nov 25 1949 (PC)

Kishori Shetty Vs. the King

Court : Mumbai

Decided on : Nov-25-1949

Reported in : (1950)52BOMLR591

..... there is, in our view, no irreconcilable conflict here such as would necessitate recourse to the principle of federal supremacy laid down in section 100 of the constitution act. section 14-b does not purport to restrict or prohibit dealings in liquor in respect of its importation or exportation across the sea or land ..... were made by the government of india (adaptation of indian laws) order, 1937, to bring its provisions into accord with those of the constitution act as provided for in section 298 thereof. one of such modifications was the substitution of new definitions of the expressions 'to import' and 'to export.' whereas these expressions previously ..... on her behalf were rejected and the conviction and sentence were confirmed, but in view of the constitutional question involved a certificate under section 205(1) of the constitution act was granted. the appellant has accordingly brought this appeal to have that question determined by this court.3. to appreciate the arguments advanced .....

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Mar 08 1949 (PC)

Sir Fazal Ibrahim Rahimtoola Vs. Appabhai G. Desai

Court : Mumbai

Decided on : Mar-08-1949

Reported in : AIR1949Bom339; (1949)51BOMLR510

..... examination of a director-and sir fazal was a director of the company with which we are concerned in this case-is founded on section 196 of the indian companies act. that section provides that 'when an order has been made for winding up a company by the court, and the official liquidator has applied to ..... to the public examination was first introduced into the english company law by the companies winding act of 1890 and section 8(2) corresponds to section 177bf2) and section 8(3) corresponds to section 196 of our companies act. it is very significant to note that section 8(3) speaks of 'the court may, after consideration of any such report', any ..... reference whatever to the report which the official liquidator has got to make under section 177b. when we turn to the english companies act, which is in force today, we find that section 182 corresponds to section 177b and section 216 corresponds to section 196, and section 216 provides that 'where an order has been made in england for winding up .....

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May 24 1949 (PC)

N.G. Sabde and ors. Vs. the Crown

Court : Mumbai

Decided on : May-24-1949

Reported in : AIR1950Bom12; 1950CriLJ254

..... declared unlawful on pain of penalty. if the members chose not to desist, then the penalty is incurred. for the purposes of the application of section 17 (1) criminal law amendment act, the courts take judicial notice of the notification and then examine the evidence showing whether a or b took part or not in a manner prohibited ..... is open to me to declare the notification ultra vires because there is no proof of such danger and that in any event the conviction under section 17 (1), criminal law amendment act cannot be sustained because in a criminal prosecution all the ingredients of the offence have to be proved. a large number of cases were cited ..... the facta are admitted. the provincial government declared the organisation called the rashtriya swayam bewak sangh (shortly r. s. s.) as an unlawful body under section 16/16, criminal law amendment act, the members of the sangh tried for a time to get the ban lifted but thereafter they decided to resume the activities and to offer satyagraha. .....

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Mar 11 1949 (PC)

Emperor Vs. Fakirmahomed Currimji Lalji Sajan

Court : Mumbai

Decided on : Mar-11-1949

Reported in : AIR1949Bom373; (1949)51BOMLR573

..... 83 feet from the firing-floor level as per requirement of smoke nuisance department and committed breach of rule 20 of the bombay smoke nuisance act of 1912 under section 9(1) of the said act.it would thus appear that the charge against the accused was for having contravened the provisions of rule 26 of the smoke nuisance rules. ..... the charge against him was of non-compliance with the requirements of rule 26 of the smoke nuisance rules. we think that this submission must be accepted. under section 8 of the act :'furnace' means any furnace or fire-place used-(a) for working engines by steam, or(b) for any ether purpose whatsoever :provided that no furnace or ..... density, or at a lower altitude, or for a longer time, than is permitted by rules made under this act, the owner of the furnace shall be liable to line (which is prescribed in that section).section 11 of the act empowers the provincial government to frame rules, inter alia, to(f) prescribe the altitude below which smoke may not .....

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Mar 24 1949 (PC)

Jethabhai Hirji and Co. Vs. the Commissioner of Income-tax

Court : Mumbai

Decided on : Mar-24-1949

Reported in : (1949)51BOMLR708

..... 1. the question that arises on this reference is', whether a certain amount paid by an employer to his employees is a valid deduction under section 10(2)(xv) of the indian income-tax act,' 1922, and in order to determine it we have got to consider whether it is an expenditure laid out or expended wholly and exclusively ..... to tax for excess profits tax under the excess profits tax act, and, therefore, in order to arrive at the total income of the assessee for both purposes the question whether deductions are permissible under section 10 or not have to be considered. the excess profits tax act gives wider powers to the excess profits tax officer and that ..... is that although a deduction may be permissible under the income-tax act, he may still disallow it under the excess profits tax act. but in this case as the .....

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