Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Court: privy council Page 17 of about 11,701 results (0.041 seconds)

Hira Mills Ltd., Cawnpore Vs. Income-tax Officer Cawnpore.

Court : Allahabad

Reported in : [1946]14ITR417(All)

..... took the view that the expression 'business connection' was limited by the use of the word 'business' and by the explanation of that word contained in section 2(4) of the act, to such a connection as amounts to a business establishment in the opposite territory, and regarded it as a 'compendious expression to cover such concerns in ..... accrued or arose 'through or from any business connection in british india.' we think that the answer must be in the negative. the relevant words of section 42(1) of the act are these :-'all income, profits or gains accruing or arising, whether directly or indirectly, through or from any business connection in british india.... shall be ..... the statement of the case and the accompanying judgments and orders. perhaps we may properly observe that it would be a practice more in conformity with section 66(1) of the act and with general convenience, if the statement of the case itself had contained all the relevant facts, rather than that they should have had to be .....

Kasi Alias Alagappa Chettiar and ors. Vs. Rm. A. Rm. V. Ramanathan Che ...

Court : Chennai

Reported in : (1949)1MLJ298

..... is untenable. a series of authorities, both english and indian, had previously laid down the same rule as was subsequently enacted in section 42 of the english partnership act corresponding to section 37 of the indian act and under those decisions, the representatives of a deceased partner had the option to claim profits or interest see vyse v. foster ( ..... even before the statutes enacting the law of partnership were passed in england and in india.22. assuming therefore that the principles recognised and emboided in section 37 of the partnership act, is applicable to cases of a dissolution before 1932, the further question that arises in the case is, on what basis is interest to be ..... less. mr. bhashyam contends that it is not obligatory on the court to award 6 per cent. interest in a case not directly governed by section 37 of the partnership act. this is no doubt true, but having regard to the fact that interest at 9 percent was awarded in similar circumstances in veerappa chetti v. .....

George Walkem Shannon and Others Vs. Lower Mainland Dairy Products Boa ...

Court : Privy Council

..... forest, sea, lake or river and any article of food or drink wholly or partly manufactured or derived from any such product. section 4 (1) of the act provides: the purpose and intent of this act is to provide for the control and regulation in any or all respects of the transportation, packing, storage and marketing of natural products ..... licence fees payable by the members of the different groups in different amounts, and to recover any such licence fees by suit in any court of competent jurisdiction. section 4 (2) (j). to use in carrying out the purposes of the scheme and paying the expenses of the board any moneys received by the board. the ..... within the province including the prohibition of such transportation, packing, storage and marketing in whole or in part. the scheme of the act is to enable the lieutenant-governor in council to set up a central british columbia marketing board to establish or approve schemes for the control and regulation within the .....

Madan Mohan Vs. Raghunandan Prasad

Court : Allahabad

Reported in : AIR1944All208

..... of both the plaintiff as well as the chief inspector of stamps and came to the conclusion that ad valorem court-fees were payable under section 7, sub-section (iv), clause (a), court-fees act inasmuch as the plaintiff had filed a suit for a declaratory decree and had asked for a consequential relief. it is against that order that ..... asked for, the court-fees paid by him were sufficient.4. learned counsel for the government relies on section 7, sub-section (iv), clause (a), court-fees act, and as a last resort on section 7, sub-section (iv)(a) of the same act. from the facts set out above it is clear that the plaintiff was not a party to the decree ..... means some relief which is a necessary corollary to the principal declaratory relief prayed for by the plaintiff. instances of consequential relief within the meaning of section 7(iv)(c), court-fees act, are furnished by cases in which, over and above the prayer for declaration of his title, the plaintiff asks for some relief by way of injunction .....

Lakhmi Chand and ors. Vs. Madho Rao and ors.

Court : Allahabad

Reported in : AIR1930All681

..... , that the assignment of the pension to the plaintiff-appellant upon which he founds his claim in the present suit is null and void as provided by section 12 of the act.21. we consider that the present case is similar to this case and that in the present case the assignment of the land revenue is in the nature ..... barred.18. in our opinion the civil courts in 1914 and 1916 had no jurisdiction to try the suits in question, because their cognizance was expressly barred by sections 4 and 6, act 23 of 1871. accordingly, as those courts were without jurisdiction, their decrees are invalid altogether, so so far as the assigned revenue in mauza rohta is concerned, ..... and, therefore, without such certificate, a civil court could not take cognizance of such a claim. this has a bearing on the question of res judicata, because section 40, evidence act, lays down:the existence of any judgment, order or decree, which by law prevents any court from taking cognizance of a suit, or holding a trial, is a .....

Shiva Nathaji Vs. Joma Kashinath and Two ors.

Court : Mumbai

Reported in : (1883)ILR7Bom341

..... of a remedy in the regular course of the law. but that case may perhaps be referred` more properly to the principle that the high courts in india, acting, under section 622 of the civil procedure code, will, like the queen's bench in england by mandamus, enforce the exercise by inferior courts of their proper functions. if the munsif improperly ..... properly insist on the district court's exercising the authority which it had declined to use on an idea that it did not exist. the former law, section 35 of act xxiii of 1861, extended in terms only to an excess of jurisdiction by an appellate court; the present code extends equally to a refusal of jurisdiction by any ..... sadashiv erande printed judgments for 1877 p. 162 the subordinate judge was directed the make an inquiry into the claim set up by a claimant to property under section 269 of act viii of 1859. there was a possible remedy by suit, but the direction was to exercise a particular judicial function in a way avoided by the court below .....

S. Amarchand and Co. and Chhaganlal Pitambar Vs. Ramdas V. Durbar

Court : Mumbai

Reported in : (1913)15BOMLR890

..... the chapter relating to the assignment of claims.19. i am of opinion, therefore, that the appellants in each of these appeals are entitled to the benefit of section 103 of the contract act against the unpaid vendor.20. in appeal no. 4 of 1912, the case was remanded to the lower court for evidence upon certain issues of which issue ..... ad. 817 should be applied by marshalling any surplus assets-in favour of the unpaid vendor, ramdas, in the event of the question as to the applicability of section 103 of the contract act being decided against him. but the simple answer is that there are no surplus assets.9. the question common to both appeals remains to be dealt with : are ..... appellant's books show that various sums were credited to the latter which if the rule in clayton's case (1816) 1 mer. 608 and the rule of section 61 of the contract act were applied, would extinguish the debt of rs. 15,000 ; but the application of the rule is always subject to the condition that the parties have indicated .....

Emperor Vs. T.K. Pitre

Court : Mumbai

Reported in : AIR1923Bom255; (1923)25BOMLR97; 76Ind.Cas.294

..... manager carries the matter any further. without knowledge a man cannot be guilty of abetment.18. as regards accused no. 3 i am prepared to take the declaration under section 3 of act xxv of 1867 as proof that he is the publisher and a man who assumes that position with reference to seditious matter may fairly be presumed to have abetted ..... which along with other evidence in the case must be considered in deciding the question of fact. his name appears as the printer, as representing the press under section 3 of the act. i am unable, however, to accept the view that the fact of his being the keeper of the press and the printer of the pamphlet by itself implies ..... : 12 bom l.r. 675 the opponent no. 2 contending that some proof of his knowledge of the contents is necessary, the crown contending that the declaration under section 4 of the act is prima facie proof of his knowledge, and that it was for opponent no. 2 to prove the contrary i have read the judgments in emperor v. shankar carefully .....

Akbar HusaIn Vs. Hari Ram

Court : Allahabad

Reported in : (1907)ILR29All749

..... adopted by the other four learned judges of this court who sat with him to hear and determine that appeal. briefly put that reasoning is that:(i) the law, section 6 of act no. vii of 1870, prohibits a court from receiving, filing or using a plaint unless that plaint has affixed to it a court fee of the proper value required ..... , and what is the result if the additional fee be paid within the time fixed by the court? the learned vakil for the appellant contended that the provisions of section 10 of act no. vii of 1870 could only be applied to the special class of cases in which the court has of its own motion issued a commission to a proper ..... of limitation prescribed therefor, shall be dismissed.' then follows an explanation showing what is meant by the word 'instituted.' when a plaint is presented to the proper officer (act no. xv of 1877, section 4, explanation), the suit in which it is the plaint is instituted. no words are used to qualify the word 'plaint' and to say that it must be .....

Rao Bahadur S.A.S. Rm. Ramanathan Chettiar Vs. M.P. Palaniappa Chettia ...

Court : Chennai

Reported in : (1945)2MLJ164

..... hearing and disposal.3. it is common ground that the temple in question is an ' excepted temple ' as that term is defined in section 9, sub-section 5 of the said act and that the respondents' family are the hereditary trustees thereof. it is also common ground that the family carried out extensive renovations and repairs ..... at the previous hearing of the appeal this court held that the appellant came within the definition of a 'person having interest' in section 9, sub-section 9, of the aforesaid act and was thus entitled to sue and, finding that the trial was neither complete nor satisfactory, set aside the dismissal of the suit and ..... further, provision is made for modification or cancellation, for sufficient cause, of schemes settled by the court under the act or 'deemed to be settled under the act '; section 75. it is clear that the act which is a comprehensive piece of legislation with detailed provisions for the efficient protection, control and supervision of hindu religious .....