Array ( [0] => ..... question whether the sales were really void and not merely voidable. in my view such sales in disregard of the absolute provisions of any of the sections of the estates land act apart from cases where there is no jurisdiction at all to sell, relate only to illegalities which make the sale voidable and in such cases the ..... an earlier decision of a single judge in kadirvelu ambalam v. alagappa ambalam : air1934mad725 that where the sale officer has not done things referred to in section 117, estates land act, the sale would be unlawful or illegal although it was a superior officer who actually fixed the terms of the proclamation and the other relevant matters. consequent ..... contention. 5. i shall now proceed to deal with the two questions raised and pressed before me. it is now settled law that proper notice under section 112, madras estates land act, is a condition precedent for creating jurisdiction in the collector to sell a ryot's holding under chap. vi. where there has been no such notice ..... [1] => ..... for the same reason, appeal against an adverse order under section 8(2) of that act (section 75 of act v (5) of 1920) is, we think, erroneous and must be overruled. if there is a flagrant case of a sale by the receiver ..... v. official assignee madras : air1926mad556 in so far as it laid down that the insolvent could, in no circumstances, apply to the court under section 86, presidency towns insolvency act (section 68 of the act v (5) of 1920) to set aside a sale by the official assignee because he had no legal interest in the estate and could not, ..... parry j. and adopted by the court of appeal : 'on the wife being adjudicated bankrupt, all her property passed to and vested in the official receiver under section 58, bankruptcy act, 1914. thereafter only the trustee could deal with the property; only he could effectively complain against the mortgagee; only he could settle accounts with the mortgagee. the ..... [2] => ..... functions of a collector under this act. section 4 of the act provides for the publication of a preliminary notification if the local government is of opinion that any land is needed for any public purpose. it also ..... . in order to determine whether the government has any locus standi in these proceedings, it is necessary to consider the provisions of the land acquisition act. under section 3(c) of that act the expression 'collector' has been defined as meaning the collector of a district and any officer specially appointed by the local government to perform the ..... at the rate of 4 percent per annum. all these provisions to my mind make it abundantly clear that after the government has made a declaration under section 6 of the act, they drop out of the proceedings completely and it is only the collector who is entitle to appear on the reference.3. mr. banaji on ..... [3] => ..... agreement. the trial judge refused to admit oral evidence. mr. ameer ali delivering the judgment of the board held that the trial judge was right, under section 92, evidence act, in rejecting the evidence. in the course of the judgment it was observed :'whether an agreement is a completed bargain or merely a provisional arrangement depends ..... in favour of the plaintiff was obtained under fraud as alleged by the defendants ?(7) is the agreement between the plaintiff and defendant 1 void under section 23, contract act, and as such unenforceable ?'53. the learned civil judge did not attempt to clear up the defence about the contract not being concluded with the ..... be true, which allegation the nawab did not admit, then the agreement between the plaintiff and the nawab was void, as opposed to public policy under section 23, contract act, (d) the suit was bad for misjoinder of unnecessary parties and multifariousness of causes of action, (e) the plaintiff having received the cheque sent to ..... [4] => ..... their application to the separate new dominions ;(d) for removing difficulties arising in connection with the transition to the provisions of this act.'sub-section (3) of section 9 provides in effect that section 9 shall have retrospective effect and shall be deemed to have come into effect on 3rd june 1947, and any order of ..... power. the impugned adaptation order made on 26th august 1947, therefore, must be considered to have been made in virtue of the provisions of sub-section (5) of section 19, independence act. the impugned adaptation order may be considered to have revoked to some extent or, at any rate, varied, the india (adaptation of existing indian ..... as regards the meaning of the word 'adaptation' as it occurs in the expression 'the necessary adaptations' in sub-section (3) of section 18, independence act. the word 'adaptation' is not defined in section 19 of the act. it must, therefore, be understood in the sense in which it is explained in the authoritative dictionaries of the ..... [5] => ..... the applicant was sent up for trial on 27-3 1947, for what he had done long before this notification and under this amendment to section 1, sub-section. (4), defence of india act, the applicant still remains liable for the contravention of which he was guilty before the notification. i am, therefore, of the opinion that ..... production, supply and distribution of goods etc. before the declaration of emergency the government of india had not but the provincial government had, under section 100, sub-section (3), government of india act, the power to make laws about matters in list ii. after the declaration of emergency the government of india had concurrent powers with the ..... 6. on 3-9-1939, the governor-general had issued a proclamation that a grave emergency existed whereby the security of india was threatened. under section 102, sub-section (l), government of india act, 1935 (25 & 26 geo. v. ch. 42) on declaration of such emergency the federal legislature has the power to make laws for ..... [6] => ..... . it will suffice to quote only the observations of lord alverstone, c.j. in in re worsley `, which was a case under the english bankruptcy act, 3883, section 4, sub-section (1)(d). at p. 314 the learned chief justice said:in my opinion, when you find a shop is shut up, no address left, and ..... was raised only for the purpose of enabling the debtors to avail themselves of the benefit of section 25, provincial insolvency act. section 6 enumerates the acts of insolvency. section 7 provides thatsubject to the conditions specified in this act if a debtor commits an act of insolvency, an insolvency petition may be presented either by a creditor or by the debtor ..... . 3(c)(i) and accordingly made an adjudication order against both the debtors, jagan nath and piarey lai. jagan nath alone preferred an appeal under section 75, provincial insolvency act, before the district judge, delhi, who, in agreement with the insolvency judge upheld the latter's order and dismissed the appeal. jagan nath has now ..... [7] => ..... the right which the tenant had was a vested right that the authority before whom proceedings could be taken to enforce that right continued to exist and section 18 of madras act xv [15] of 1946 suggests that the intention of the legislature was that all pending proceedings should as far as possible be saved, it must ..... is not therefore directly applicable; but it does suggest that the solution to the problem lies in ascertaining the intention of the legislature. the insertion of section 18 of madras act xv [15] of 1946 indicates that the intention of the legislature was that so far as possible all pending proceedings are to be continued. regard ..... belonged to him as of right is a very different thing from regulating procedure'.4. when what is called a permanent act, that is to say, an act which is of indefinite duration is repealed, section 8, general clauses act, 1891 (madras) provides that unless a different intention appears the repeal shall not affect any right, privilege, obligation or ..... [8] => ..... , the petitioner applied to the chief presidency magistrate for the return of this deposit under section 7 of that act and the learned chief presidency magistrate made an order on 26th july ordering the refund of the deposit. in the meanwhile, an order was issued by the ..... bombay dated 20th july calling upon the appellant to cease publication of his paper from 23rd july to 22nd september 1949. this order was issued under section 9a, bombay public security measures act, 1947, and it is this order that is complained of by the appellant and it is with regard to this order that a writ of certiorari ..... declaration before the chief presidency magistrate and the chief presidency magistrate made an order calling upon him to deposit a sum of rs. 1,000 under section 7 (1), press (emergency powers) act. this was some time in april 1949, and the petitioner carried out the order by making the necessary deposit. in the third week of july 1949 ..... [9] => ..... or the accused, has any 'right in any particular form of procedure within the meaning of the word used in b. 6 (e) of the central act and section 4 (e), punjab act. three cases have been cited which actually relate to sessions oases. the first of these, which was cited by the learned advocate general, is srinivasachari v. ..... or enforced, and any suoh penalty, forfeiture or punishment may be imposed as if the -repealing aot or eegulation bad not been passed.the opening words of section 4, punjab general clauses act, i [l] of 1898, are:where this aot or any punjab aot repeals any enatitment then, unless a different intention appears, the tepeal shall notand ..... october 1948 notification no. 7146 h dated 22nd october had appeared to the following effect :in exeroise o the powers oonferred by el. (b) of section 2, punjab publio safety act, 1947, and all other powers enabling him in this behalf, the governor of east punjab is hereby pleased to cancel the following notifications.then follow3 a ..... ) Explosives Act 1884 Section 4 Definitions - Court Privy Council - Year 1949 - Page 6 - Judgments | SooperKanoon Skip to content


Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Court: privy council Year: 1949 Page 6 of about 456 results (0.016 seconds)

Oct 14 1949 (PC)

Avudainayagam Pillai Vs. Pitchiah Chettiar Alias Pitchiah Pillai and o ...

Court : Chennai

Decided on : Oct-14-1949

Reported in : AIR1950Mad358

..... question whether the sales were really void and not merely voidable. in my view such sales in disregard of the absolute provisions of any of the sections of the estates land act apart from cases where there is no jurisdiction at all to sell, relate only to illegalities which make the sale voidable and in such cases the ..... an earlier decision of a single judge in kadirvelu ambalam v. alagappa ambalam : air1934mad725 that where the sale officer has not done things referred to in section 117, estates land act, the sale would be unlawful or illegal although it was a superior officer who actually fixed the terms of the proclamation and the other relevant matters. consequent ..... contention. 5. i shall now proceed to deal with the two questions raised and pressed before me. it is now settled law that proper notice under section 112, madras estates land act, is a condition precedent for creating jurisdiction in the collector to sell a ryot's holding under chap. vi. where there has been no such notice .....

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Oct 11 1949 (PC)

Chalavadi Narasimham and anr. Vs. Chalvadi Ramayya and anr.

Court : Chennai

Decided on : Oct-11-1949

Reported in : AIR1950Mad492

..... for the same reason, appeal against an adverse order under section 8(2) of that act (section 75 of act v (5) of 1920) is, we think, erroneous and must be overruled. if there is a flagrant case of a sale by the receiver ..... v. official assignee madras : air1926mad556 in so far as it laid down that the insolvent could, in no circumstances, apply to the court under section 86, presidency towns insolvency act (section 68 of the act v (5) of 1920) to set aside a sale by the official assignee because he had no legal interest in the estate and could not, ..... parry j. and adopted by the court of appeal : 'on the wife being adjudicated bankrupt, all her property passed to and vested in the official receiver under section 58, bankruptcy act, 1914. thereafter only the trustee could deal with the property; only he could effectively complain against the mortgagee; only he could settle accounts with the mortgagee. the .....

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Sep 30 1949 (PC)

In Re: Jerbai Framji Metha

Court : Mumbai

Decided on : Sep-30-1949

Reported in : AIR1950Bom243; (1950)52BOMLR236

..... functions of a collector under this act. section 4 of the act provides for the publication of a preliminary notification if the local government is of opinion that any land is needed for any public purpose. it also ..... . in order to determine whether the government has any locus standi in these proceedings, it is necessary to consider the provisions of the land acquisition act. under section 3(c) of that act the expression 'collector' has been defined as meaning the collector of a district and any officer specially appointed by the local government to perform the ..... at the rate of 4 percent per annum. all these provisions to my mind make it abundantly clear that after the government has made a declaration under section 6 of the act, they drop out of the proceedings completely and it is only the collector who is entitle to appear on the reference.3. mr. banaji on .....

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May 11 1949 (PC)

Deep Chandra Vs. Ruknuddaula Shamsher Jang Nawab Mohammad Sajjad Ali K ...

Court : Allahabad

Decided on : May-11-1949

Reported in : AIR1951All93

..... agreement. the trial judge refused to admit oral evidence. mr. ameer ali delivering the judgment of the board held that the trial judge was right, under section 92, evidence act, in rejecting the evidence. in the course of the judgment it was observed :'whether an agreement is a completed bargain or merely a provisional arrangement depends ..... in favour of the plaintiff was obtained under fraud as alleged by the defendants ?(7) is the agreement between the plaintiff and defendant 1 void under section 23, contract act, and as such unenforceable ?'53. the learned civil judge did not attempt to clear up the defence about the contract not being concluded with the ..... be true, which allegation the nawab did not admit, then the agreement between the plaintiff and the nawab was void, as opposed to public policy under section 23, contract act, (d) the suit was bad for misjoinder of unnecessary parties and multifariousness of causes of action, (e) the plaintiff having received the cheque sent to .....

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Jun 24 1949 (PC)

Sir Gulab Singh Vs. District Magistrate

Court : Allahabad

Decided on : Jun-24-1949

Reported in : AIR1950All11

..... their application to the separate new dominions ;(d) for removing difficulties arising in connection with the transition to the provisions of this act.'sub-section (3) of section 9 provides in effect that section 9 shall have retrospective effect and shall be deemed to have come into effect on 3rd june 1947, and any order of ..... power. the impugned adaptation order made on 26th august 1947, therefore, must be considered to have been made in virtue of the provisions of sub-section (5) of section 19, independence act. the impugned adaptation order may be considered to have revoked to some extent or, at any rate, varied, the india (adaptation of existing indian ..... as regards the meaning of the word 'adaptation' as it occurs in the expression 'the necessary adaptations' in sub-section (3) of section 18, independence act. the word 'adaptation' is not defined in section 19 of the act. it must, therefore, be understood in the sense in which it is explained in the authoritative dictionaries of the .....

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Jun 10 1949 (PC)

Bachchu Lal Gupta Vs. Rex

Court : Allahabad

Decided on : Jun-10-1949

Reported in : AIR1951All404

..... the applicant was sent up for trial on 27-3 1947, for what he had done long before this notification and under this amendment to section 1, sub-section. (4), defence of india act, the applicant still remains liable for the contravention of which he was guilty before the notification. i am, therefore, of the opinion that ..... production, supply and distribution of goods etc. before the declaration of emergency the government of india had not but the provincial government had, under section 100, sub-section (3), government of india act, the power to make laws about matters in list ii. after the declaration of emergency the government of india had concurrent powers with the ..... 6. on 3-9-1939, the governor-general had issued a proclamation that a grave emergency existed whereby the security of india was threatened. under section 102, sub-section (l), government of india act, 1935 (25 & 26 geo. v. ch. 42) on declaration of such emergency the federal legislature has the power to make laws for .....

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Mar 25 1949 (PC)

Jagannath Vs. Badri Prashad and ors.

Court : Punjab and Haryana

Decided on : Mar-25-1949

Reported in : AIR1949P& H359

..... . it will suffice to quote only the observations of lord alverstone, c.j. in in re worsley `, which was a case under the english bankruptcy act, 3883, section 4, sub-section (1)(d). at p. 314 the learned chief justice said:in my opinion, when you find a shop is shut up, no address left, and ..... was raised only for the purpose of enabling the debtors to avail themselves of the benefit of section 25, provincial insolvency act. section 6 enumerates the acts of insolvency. section 7 provides thatsubject to the conditions specified in this act if a debtor commits an act of insolvency, an insolvency petition may be presented either by a creditor or by the debtor ..... . 3(c)(i) and accordingly made an adjudication order against both the debtors, jagan nath and piarey lai. jagan nath alone preferred an appeal under section 75, provincial insolvency act, before the district judge, delhi, who, in agreement with the insolvency judge upheld the latter's order and dismissed the appeal. jagan nath has now .....

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Apr 20 1949 (PC)

S.A. Seshadri Aiyangar Vs. Narayana Nair

Court : Chennai

Decided on : Apr-20-1949

Reported in : AIR1950Mad106

..... the right which the tenant had was a vested right that the authority before whom proceedings could be taken to enforce that right continued to exist and section 18 of madras act xv [15] of 1946 suggests that the intention of the legislature was that all pending proceedings should as far as possible be saved, it must ..... is not therefore directly applicable; but it does suggest that the solution to the problem lies in ascertaining the intention of the legislature. the insertion of section 18 of madras act xv [15] of 1946 indicates that the intention of the legislature was that so far as possible all pending proceedings are to be continued. regard ..... belonged to him as of right is a very different thing from regulating procedure'.4. when what is called a permanent act, that is to say, an act which is of indefinite duration is repealed, section 8, general clauses act, 1891 (madras) provides that unless a different intention appears the repeal shall not affect any right, privilege, obligation or .....

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Sep 19 1949 (PC)

Ramesh Thaper Vs. the Province of Bombay

Court : Mumbai

Decided on : Sep-19-1949

Reported in : AIR1950Bom213; (1950)52BOMLR62

..... , the petitioner applied to the chief presidency magistrate for the return of this deposit under section 7 of that act and the learned chief presidency magistrate made an order on 26th july ordering the refund of the deposit. in the meanwhile, an order was issued by the ..... bombay dated 20th july calling upon the appellant to cease publication of his paper from 23rd july to 22nd september 1949. this order was issued under section 9a, bombay public security measures act, 1947, and it is this order that is complained of by the appellant and it is with regard to this order that a writ of certiorari ..... declaration before the chief presidency magistrate and the chief presidency magistrate made an order calling upon him to deposit a sum of rs. 1,000 under section 7 (1), press (emergency powers) act. this was some time in april 1949, and the petitioner carried out the order by making the necessary deposit. in the third week of july 1949 .....

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May 12 1949 (PC)

Ram Singh Vs. the Crown

Court : Punjab and Haryana

Decided on : May-12-1949

Reported in : AIR1950P& H25; 1950CriLJ459

..... or the accused, has any 'right in any particular form of procedure within the meaning of the word used in b. 6 (e) of the central act and section 4 (e), punjab act. three cases have been cited which actually relate to sessions oases. the first of these, which was cited by the learned advocate general, is srinivasachari v. ..... or enforced, and any suoh penalty, forfeiture or punishment may be imposed as if the -repealing aot or eegulation bad not been passed.the opening words of section 4, punjab general clauses act, i [l] of 1898, are:where this aot or any punjab aot repeals any enatitment then, unless a different intention appears, the tepeal shall notand ..... october 1948 notification no. 7146 h dated 22nd october had appeared to the following effect :in exeroise o the powers oonferred by el. (b) of section 2, punjab publio safety act, 1947, and all other powers enabling him in this behalf, the governor of east punjab is hereby pleased to cancel the following notifications.then follow3 a .....

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