Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Court: privy council Year: 1949 Page 41 of about 456 results (0.020 seconds)

Debi Pershad Vs. Choudhari Brothers Ltd. and ors.

Court : Punjab and Haryana

Reported in : AIR1949P& H357

..... to be entitled to the effects of the deceased person or to any part thereof, or....it would appear from the provisions of section 92(2), civil p.c., section 270(1), government of india act, 1935, and section 214 (1) of act xxxix [39] of 1928 that where the legislature has intended to prohibit the institution of a suit the legislature has made an ..... in his discretion, and in the case of a person employed in connection with the affairs of a province, of the governor of that province in his discretion.again, section 214(1) of act xxxk [39] of 1925 enacts:no court shall,(a) pass a decree against a debtor of a deceased person for payment of his debt to a person claiming ..... a suit for the eviction of a tenant in possession of a building or rented land.9. as i read the section 1 find that there is no such implied prohibition in section 13(1) of the act. on the other hand, section 13(1) contemplates decree being passed in a suit for the eviction of a tenant in possession of a building or .....

Govindan Krishnan and ors. Vs. Sirkar Prosecutor

Court : Kerala

Reported in : AIR1950Ker20; 1950CriLJ833

..... code against these accused are hereby set aside. they are, however, convicted of the offence of causing hurt to mahammad shah, ali khan and p.w,5, under section 824, travancore penal code, and each of them is sentenced to undergo rigorous imprisonment for three years. the sentences will run concurrently. the criminal appeals (criminal appeals nos ..... the murders were committed as a result of premeditation and design, the assailants could well have armed themselves with sharp and deadly weapons and could have easily accomplished their act without danger to themselves. in the present case, however, even before they started the fight, two in the party of the assailants so-called, were injured ..... from pursuing any sort of agitation against the manner in which the estate was being managed by p.w. 3i. if therefore the accused had a motive to act in the manner they did towards the punjabi watchers, the manage, ment had also the motive to include among the accused all those who were engaged in .....

Kumbhan Lakshmanna and Others Vs. Tangirala Venkateswarlu and Others

Court : Privy Council

..... (47 lj qb 749). these two aspects of the burden of proof are embodied in ss. 101 and 102 respectively of the indian evidence act. section 101 states : "whoever desires any court to give judgment as to any legal right or liability dependent on the existence of facts which he ..... person is bound to prove the existence of any fact, it is said that the burden of proof lies on that person." section 102 states: "the burden of proof in a suit or proceeding lies on that person who would fail if no evidence at all ..... were given on either side." 44this section shows that the initial burden of proving a prima facie case in his favour is cast on the plaintiff ; when he gives ..... by the defendant that the land forms an "estate" within the meaning of the act and a civil court has no jurisdiction to deal with the case. section 3 (2) (d) of the act is as follows : "any village of which the land revenue alone has been granted .....

Emperor Vs. Fakirmahomed Currimji Lalji Sajan

Court : Mumbai

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 .....

Digambarrao Hanmantrao Deshpande Vs. Rangrao Raghunathrao Desai

Court : Mumbai

Reported in : AIR1949Bom367; (1949)51BOMLR623

..... based upon the consideration of the hardship to the individual and also upon the larger consideration of public policy. the doctrine of lis pendens enacted in section 52 of the transfer of property act is, i think, based upon expediency, that is, upon the consideration of hardship that may be caused to a party by the opposite party ..... 1(5, 1942, by the learned joint first class subordinate judge holding that there was no legal objection why he should not treat the application as one under section 47 of the civil procedure code and further holding that the application was within time as it had been filed within three years from the date of dispossession. the application ..... transferring the property pending the suit so as to defeat the right of the first party. the principles underlying these sections have been stated in the leading .....

Jethabhai Hirji and Co. Vs. Commissioner of Income Tax, Bombay City.

Court : Mumbai

Reported in : [1949]17ITR533(Bom)

..... j. - the question that arises on this reference is whether a certain amount paid by an exployer 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 for ..... 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 re permissible under section 10 or not have to be considered. the excess profits tax act gives wider powders 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 .....

Amar Singh S/O Thakar Singh and ors. Vs. the Crown

Court : Punjab and Haryana

Reported in : 1949CriLJ794

..... as evidence in the case.19. counsel next contends that the ownership of the articles baa not been proved in this case.20. now, the presumption permitted by section 114, evidence act does not arise until the prosecution has established three facts; namely, the ownership of the articles in question, the theft of those articles, and their recent possession ..... so, i hold that the possession of the articles recovered from mehnga singh and vir singh convicts on 19th december 1947 was recent within the meaning of section 114, illustration (a), evidence act, in this view of the case, i maintain the convictions and sentences mehnga singh and vir singh. they were released on bail by ram ball, c ..... of statements made to a police officer in the course of an investigation. therefore it is in terms excluded by section 162.14. in my view, no elaboration of this point is necessary for 8. 119, evidence act provides:a witness who is unable to speak may give his evidence in any other manner in which he can .....

Gurnam Singh Vs. Mt. Datto

Court : Punjab and Haryana

Reported in : AIR1950P& H20; 1950CriLJ390

..... form prescribed by sch. v of the code. there was no provision for service by registered post lottar in the codes of 1861, 1872 and 1882. sub-section (3) of section 69, which was newly added in the code of 1898, provides;service of a suniiuona on an incorporated company or other body corporate may be effected by ..... the registered envelope was received book with the endorsement 'refused', the case was then proceeded ex parte against the respondent within the meaning of the proviso to sub-section (6) of section 488, criminal p.c. and the case was adjourned to 2o:h february 1918. .evidence was, however, recorded on 2nd march 1948. thereafter there were three ..... be affixed to a conspicuous part of the house or homestead in which the person summoned ordinarily resides. section 72 deals with service of summons on servants of crown or of eailway company, and section 73 which was first introduced by act ho. iv [4] of 1877 deals with service of summons outside the local limits of the jurisdiction .....

Ghulam Bhik Vs. Rustom Ali and ors.

Court : Punjab and Haryana

Reported in : AIR1949P& H354

..... years. the contention raised in the court of appeal was that money borrowed for the marriage expenses of rustam ali ought to have been held for necessity. now section 5, child marriage restraint act, xix [19] of 1929, provides:whoever performs, conducts or directs any child marriage shall be punishable with simple imprisonment which may extend to one month, or ..... , or with both, unless he proves that he had reason to believe that the marriage was not a child marriage.for the purpose of this act 'child' is defined in section 2 of the act which enacts:'child' means a person who if a male is under eighteen years of age and if a female is under fourteen years of age ..... the vendor for the marriage expenses of rustam ali, a child of 12 or 13 years of age, was advanced for the performance of an act which constitutes an offence under sections 3 and 5, child marriage restraint act, xix [19] of 1929. obviously this sum. was not a sum covered by valid necessity under the rule of custom.9. finding, .....

The Official Receiver and anr. Vs. Sakkuwar Bai Ammal

Court : Chennai

Reported in : (1949)2MLJ425

..... and kumaraswami sastri, j., have held that a sale in a revenue court passes the property to the purchaser free of encumbrances except those specified in section 125 of the madras estates land act. therefore, it is apparent that if the appellant is allowed to bring the holding to sale in a revenue court, he will get an undoubted advantage ..... three bench rulings and the single judge's ruling referred to above. 5. mr. subramania pillai contends that, in view of the amendment to sections 125 and 127 of the madras estates land act, the views expressed in those four rulings have become obsolete and that now the appellant will be free to bring the holding to sale in the ..... revenue court and realise his decree dues. i cannot agree as already stated the amendments of sections 125 and 127 have only emphasised the benefit .....