Court : Kolkata
Reported in : 53Ind.Cas.741
..... we take of the matter, it is necessary for us to deal with only one of the objections urged against the legality of the election.4. sections 15 and 69 of the bengal municipal act, 1884, authorise the local government to frame rules for municipal elections. the rules in force at the time of the disputed election contained the following provisions relating ..... case (1) refer to the judgment of the court of common pleas; in woodward v. sarsons (4). in that case a question wa9 raised as to the effect of section 13 of the ballot act, 1872:13. no election shall be declared invalid by reason of a non compliance with the rules contained in the first schedule to this ..... question that the election was conducted in accordance with the principles laid down in the body of this act, and that such non-compliance or mistake did not affect the result of the election.lord coleridge, c. j.11. held that the section was inserted ex abundanti cautela and that the same rule would have applied by virtue of the common .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1915Cal802,31Ind.Cas.10
..... in respect of holding no. 466 in ward no. 2 within the kumarkhali municipality, although that holding was not liable to be assessed with latrine tax under section 321 of the bengal municipal act, 1884. he seeks to make the chairman and the commissioners of the municipality as also the municipal corporation responsible for his claim. the court of first instance dismissed the ..... an apparent contradiction between the terms of the first paragraph of section 321 and the proviso to sub-section 4 of section 322. to explain the precise difficulty, it is necessary to refer briefly to the history of the legislation on the subject. section 321, as originally framed and incorporated in act iii of 1884, authorised the commissioners to levy fees in respect of holdings within .....
Tag this Judgment!Court : Kolkata
Reported in : (1924)ILR51Cal504
..... destroy the rights and, privileges which had been solemnly granted and secured to the applicant under the permanent settlement. now, the charging sections of the income tax act, 1922, are sections 3 and 4. section 3 provides 'where any act of the indian legislature enacts that income-tax shall be charged for any year at any rate or rates applicable to the total ..... and that the income in question is liable to assessment.page, j.42. this is a reference by the commissioner of income tax, assam, under section 66(2) of the income tax act (act xi of 1922): the reference is made on the application of the assessee. the commissioner has held that income derived from pasturage is not assessable to income ..... not therein expressly and specially modified or cancelled. lord selborne, lord chancellor, refers to this canon of construction in mary seward v. the owner of the vera cruz (1884) 10 app. cas. 51, 63, where he observes 'if anything be certain it is this, that where there are general words in a later .....
Tag this Judgment!Court : Kolkata
Reported in : 83Ind.Cas.273
..... make not actual but 'notional' income chargeable. the taxability of 'notional' income is an idea not foreign to the act, for by section 8 of the act bona fide annual value of property has been made assessable as being income which has accrued to the property, though ..... of trade within the united kingdom was the same as that decided in the other two cases cited above. but the provisions of section 31, sub-section 2 of the finance act (no. 2) of 1915 (5 and 6 geo v, c. 89) were also considered in smidth & co. v. ..... great britain from any property whatever in great britain, or from any profession, trade, employment or vocation exercised within great britain.19. section 41 of the same act provided as follows: 'and be it enacted, that the trustee, guardian, tutor, curator or committee of any person, being an ..... 15 ch. d. 247 at p. 258 : 50 l.j.ch. 39 : 43 l.t. 329 : 29 w.r. 21, rolls v. miller' (1884) 27 ch.d. 71 at p. 88 : 53 l.j. ch. 662 : 50 l.t. 597 : 32 w.r. 806, inland revenue commissioners v. .....
Tag this Judgment!Court : Mumbai
Reported in : (1904)ILR27Bom144
..... of as illegal in this case, was taken under a bye-law made by it under section 33, clause (e), of the bombay district municipal amendment act, 1884, which empowered it to make bye-laws consistent with that and the principal act with the previous sanction of the governor in council, 'generally for the regulation of all matters ..... relating to municipal administration.'5. section 33, then, read by itself must be construed as giving power ..... should frequent and use any street or other place for the purpose of betting under a penalty. it was contended that the bye-law was repugnant to the act, because section 23 had provided for the very thing at which the bye-law aimed, viz., betting and obstruction of the streets. darling, j., said: 'the question .....
Tag this Judgment!Court : Mumbai
Reported in : (1922)24BOMLR753
..... there then in the present case for the executors to take out probate in the first place, the probate and administration act contains no section corresponding to section 187 of the indian succession act 1865 which provides that no right as executor can be established in any court unless probate be first granted. nor was that ..... by him unless probate was taken out and the executor exempted by the court from the necessity of obtaining such consent. the present section was substituted by the amending act vi of 1889, and the change was therefore deliberate. in the present case there is no restriction in the will on the power ..... an unintentional omission of the legislature. that point was carefully considered and the history of the previous legislation fully discussed in shaik moosa v. shaik essa i.l.r. (1884 .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1947Bom451; (1947)49BOMLR318
..... by the present government partly as a recognition of the right which the parties' family had of recovering the amount of the grant from certain villages. under the general clauses act, 1897, section 3, the expression 'son', in the case of any one whose personal law permits adoption, includes an adopted son. the word we are concerned with, however, is ' ..... placed in this connection on bhwishankar v. the municipal corporation of bombay 9 bom. l.r. 417 which was a case under the city of bombay municipal act, 1888, under section 33 of which the chief judge of the small causes court has jurisdiction to determine the validity of a contested election and where it was held that where a ..... the said share in the malikana. malikana has been held to be a periodically recurring right within the meaning of article 131 in gopi nath chobey v. bhugwat pershad (1884) i.l.r.cal. 697 .in jaggo bai's case their lordships held that article 120 was the relevant article so far as the malikana was concerned and then .....
Tag this Judgment!Court : Mumbai
Reported in : (1947)49BOMLR603
..... the other players, and there would be no profit or gain to the banker within the definition of 'common gaming house' in section 3 of the act (see the leading english case of jenks v. turpin (1884) 13 q.b.d. 505 but it is suggested by the prosecution, and inspector solomon has filed an affidavit to that effect ..... dated in 1986, this point was ultimately given up by mr. baptista on behalf of the accused, since an examination of the provisions of the greater bombay act (see section 3) clearly shows that an antecedent order is not only saved, but made to apply to the wider area.25. accordingly the conviction and sentence of accused no ..... to while away time till the khana was ready in the evening.5. before proceeding further it is necessary to examine some of the sections of the bombay prevention of gambling act, 1887. section 3 is the definition section, and defines 'gaming' as: including wagering or betting, except in certain circumstances upon horse races, 'instruments of gaming' are defined as .....
Tag this Judgment!Court : Chennai
Reported in : AIR1926Mad434; 94Ind.Cas.83; (1926)50MLJ308
..... person appointed as executor under a will to take out probate or letters of administration; whereas there is such a provision in the indian succession act as incorporated in the hindu wills act. (2) under section 4 of the act, all the property of the deceased vests in the executor as such. (3) neither the preamble nor the heading of chapter ii in ..... view. i would not go so far as to say that an executor appointed by will who does not take out probate is not an executor within the act, as i think that section 90, clause (2), recognizes the existence of two classes of executors (1) those executors who get probate and obtain orders of court for disposing of immoveable ..... title of the executor. the learned judges in coming to that conclusion followed the decisions of the bombay high court in the case of shaik moosa v. shaik essa ilr (1884) 8 bom. 241 and the case of mathura-das lowji v. goculdas madhowji ilr (1886) 10 bom. 468 the case of sarat chandra banerjee v. bhupendra nath bosu ilr .....
Tag this Judgment!Court : Kolkata
Reported in : 41Ind.Cas.313
..... jurisdiction as such over the presidency small cause court. the local jurisdiction of the presidency small cause court coincides with that of the original side of this court (section 17, act xv of 1882). the law administered by that court has to be dealt with it and determined according to the law for the time being administered by the ..... original side of our court (section 16, act xv. of 1882). the presidency small cause court is subordinate to the high court. the original side is a court within the meaning of the civil procedure code and is ..... writ of certiorari, which is a writ to an inferior court to call up the records of a cause therein depending, that conscionable justice may be therein administered. in 1884 an application was made to pigot, j., who was then sitting on the original side of this court, for such a writ to bring up certain proceedings relating .....
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