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Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Court: privy council Year: 1949 Page 45 of about 456 results (0.014 seconds)

Jan 24 1949 (PC)

N.S. Venkatagiri Ayyangar and Another Vs. the Hindu Religious Endowmen ...

Court : Privy Council

Decided on : Jan-24-1949

Reported in : AIR1949PC156

..... endowment board and empowered it to take over control of temples dedicated to the use of the public. section 63 of the act empowered the board to settle a scheme of administration for the endowments connected with a math or temple. section 84 of the act was in the following terms: "(1) if any dispute arises as to whether an institution is a ..... the exercise of its jurisdiction illegally or with material irregularity, the high court may make such order in the case as it thinks fit." [17] as long ago as 1884, in the case of amir hassan khan v. sheo baksh singh, 11 ia 237 : (11 cal 6 (pc)),. the privy council made the following observation upon s. 622 of ..... can see no justification for any such view ; it would indeed be difficult to formulate any standard by which the degree of error of subordinate courts could be measured. section 115 applies only to cases in which no appeal lies, and, where the legislature has provided no right of appeal, the manifest intention is that the order of the .....

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Jan 20 1949 (PC)

T.D. Ramayya Pantulu, Vs. Kutty and Rao (Engineers), Ltd. and

Court : Chennai

Decided on : Jan-20-1949

Reported in : (1949)0LLJ13Mad

..... in this appeal is whether a general notification of this kind without specification of either the disputes or the firms in which disputes have arisen, is competent under section 7 of act xiv of 1947. subba rao, j., held that it was not competent and that the tribunal had no jurisdiction to enquire into disputes brought before it by ..... with regard to disputes arising in engineering firms and type foundries; but the question immediately before us is whether it is equally valid under section 10(1) of the act. 4. the general purpose of the act is to settle disputes which have arisen or are apprehended. it is the duty of the board, or court of enquiry or tribunal as ..... the case may be, to make enquiries in accordance with the terms of reference and in accordance with the provisions of the act and the rules framed thereunder. under section 11(3), every board, court and tribunal has the same powers as are vested in civil courts under the code of civil procedure and every .....

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Jan 21 1949 (PC)

M.S. Ramayya Vs. the District Board

Court : Chennai

Decided on : Jan-21-1949

Reported in : (1949)1MLJ422

..... r. 75 indap 225 : 1948 f.l.j. 23 (p.c.). under rule 55 of the rules framed under section 96(b) of the government of india act, 1919, in the case of an enquiry into the conduct of civil servants it was there provided that the grounds on ..... the rest of the rule is not relevant. it will be seen on a comparison of the language of section 240(3) of the government of india act with the language of rule 5 that all that is required to be done under the latter rule is ..... proposed action was not given in that charge to the plaintiff' and that therefore the dismissal was illegal. under section 240(3) of the government of india act, it has been provided in the case of a member of the civil service that he should not be ..... to the appointment and punishment of officers and servants of the local boards framed by the provincial government under sections 70, 72 and 199 of the madras local boards act states:no order of dismissal, of removal, of reduction, of suspension not being one pending inquiry or withholding .....

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Feb 22 1949 (PC)

Commissioner of Income-tax, Calcutta Vs. Messrs. Piggot Chapman and Co ...

Court : Kolkata

Decided on : Feb-22-1949

Reported in : [1949]17ITR317(Cal)

..... must be held that the amount in question was not an item of capital expenditure but was a revenue expenditure allowable as an admissible deduction under section 10(2)(xii) of the income-tax act as it stood before its amendment in 1946. the question raised must, therefore, be answered in the affirmative. the assessee respondent is entitled to ..... mr. mitchell innes wholly and exclusively for the purpose of the business was a revenue expenditure so as to be allowable as an admissible deduction under section 10(2)(xii) of the income-tax act (as it stood before its amendment in 1946).'messrs. piggot chapman & co. is a firm of exchange brokers mr. mitchell innes and mr. ..... on the answer as to whether such payment is an item of revenue expenditure or a capital one.section 10 of the indian income-tax act indicates the method for calculating the profits or gains of a business. sub-section (2) of that section recites a number of allowance, of which only clause (xii) is relevant for out purpose. the .....

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May 06 1949 (PC)

Wilsons and Clyde Coal Co. Vs. Scottish Insurance Corporation

Court : House of Lords

Decided on : May-06-1949

..... warning. but, in the case of every company whose articles contain no provision as to the redemption of its preference shares, every preference shareholder who reads section 55 of the act is given warning that, subject to confirmation by the court, a scheme may provide for the payment off of his shares. the preference stockholders in this ..... much weight on my fourth reason, because it is impossible to foretell with any accuracy what (if any) adjustment of interests will ultimately be made under section 25 of the act of 1946, if the preference stock continues in being. there may be cases in which it can be said that adjustments will probably be made in ..... debenture holders take proceedings to enforce their security, on the ground that by exercising jurisdiction it might prejudice the inchoate rights of some person under section 25 of the coal act. i cannot think it right to accede to a suggestion which would involve so much delay and inconvenience to companies which wish to rearrange their .....

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May 26 1949 (PC)

Babu Vs. Rex

Court : Allahabad

Decided on : May-26-1949

Reported in : AIR1949All620

..... also which prima facie would not be likely. but apart from any question of intention, it the accused knew that he was likely, by his act, to destroy any neighbouring houses, an offence under section 436, penal code would be complete. in the present case, as i have said, there being other houses close by, the accused must be ..... which has now been held by the full bench decision, referred to above, as legally insufficient. the appellant, therefore, could not, in my opinion, be convicted under sections 6 and 18 of the act.10. the question now is what course i should adopt. the magistrate himself had the right to convict the appellant within the provisions of ..... refused to order his retrial.11. i, therefore, allow this appeal in so far as the appellant's conviction under sections 6 and 18, u.p. act xxiv [24] of 1947 is concerned, and maintain his conviction only under section 436, penal code reducing the term of imprisonment to the period already undergone, and, at the same time, setting aside .....

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Aug 31 1949 (PC)

Bhagwangir Mukundgir and anr. Vs. State

Court : Madhya Pradesh

Decided on : Aug-31-1949

Reported in : 1950CriLJ1345

..... shall be punishable with fine which may extend to ra. 50.the learned sessions judge came to the conclusion that since section 71, district municipalities act, was introduced into the act in the year 1939 it should be deemed by implication to repeal the order of the home minister promulgated in october 1920 ..... to convict the petitioners,4. the petitioners were prosecuted by the? police, under section 71, district municipalities act. and section 188, lndore penal code. the court could not have taken cognizance of an offence punishable under section 71, district municipalities act. except on the complaint of the president or any person authorised either generally or ..... could take action again-t the petitioners. the legal objection taken to the convictions under; section 71 of the act. therefore, prevails and the conviction of the petitioners under section 74 of the act is set aside. conviction under section 188, indora penal code, read with the notification referred to above also cannot stand. .....

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Mar 21 1949 (PC)

P.A. Raju Chettiar and Brothers Vs. Commissioner of Income-tax

Court : Chennai

Decided on : Mar-21-1949

Reported in : (1949)2MLJ74

..... arose before us and was discussed whether an appeal lay to the federal court against the judgment of this court, we may deal with the point briefly.2. under section 3 of act i of 1948, as from the appointed day, that is, the first day of february, 1948, an appeal shall lie to the federal court from any judgment: ..... of the letters patent the words are' from any final judgment, decree or order.' it may be noticed that according to the definition contained in section 2(b) of act i of 1948 'judgment to which this-act applies ' means ' any judgment, decree or final order 'and not' any final judgment, decree or order'. the difference in the language makes the ..... patent of the bombay high court from a decision of the high court upon a case stated and referred to it by the chief revenue authority under section 51 of the indian income-tax act of 1918. from the elaborate discussion of their lordships and from the final conclusion, it becomes abundantly clear that the ratio decidendi of that decision, .....

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Jan 20 1949 (PC)

Millar Vs. Galashiels Gas Co.

Court : House of Lords

Decided on : Jan-20-1949

..... was caused by its not being in efficient working order, and that therefore the respondent is entitled to damages. the appellants' case is that section 22 (1) of the act does not impose an absolute duty to keep lifts in efficient working order and that a pursuer cannot succeed without averring and proving the nature of ..... perfect condition. the corroded screws broke when the injured workman stepped on the rung which it held. the case was laid on a breach of section 25 (1) of the factories act, 1937, which provides that "all ladders shall be soundly constructed and properly maintained." macnaghten, j., having held that the ladder was soundly constructed ..... anticipated or, after the event, explain." the question at issue in this case is the nature and extent of the duty imposed on employers by section 22 (1) of the factories act, 1937. that subsection requires that "every hoist or lift shall be of good mechanical construction, sound material and adequate strength, and be properly maintained." .....

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May 12 1949 (PC)

Mohan Lal Huja and ors. Vs. Chawla Bank, Ltd.

Court : Allahabad

Decided on : May-12-1949

Reported in : AIR1949All778

..... and the principal place of business of the bank being at dehra dun, this court had the jurisdiction to entertain the application and make an order |under section 153, companies act; and we find accordingly.31. in the next place, it has been argued by the learned counsel for the appellants that the proposed scheme is neither practicable ..... have seen above, after 15th august 1947, the position of the bank was that of a company established outside india and the bank got itself registered under section 277, companies act. in his affidavit filed on 11th may 1948, the managing director had stated that the principal place of business from where the administration of the bank was ..... on three grounds. in the first place, it has been contended that this court had no jurisdiction to entertain the application and to make the order under section 163, companies act. it appears that the plea of want of jurisdiction was raised in the affidavits filed by mohan lal and jagannath; but it does not seem to have .....

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