Array
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    [0] =>  .....  by reason of the activities of the petitioner.7. therefore, we shall consider the first point of mr. shah with reference to clause (b) of section 56 of the bombay police act, 1951. the relevant allegations in the notice have already been summarised by us. in paragraph 1, it was stated that the petitioner achieved his own object ..... of the taluka prohibition committee. the sub-divisional magistrate issued a notice on 4th september, 1961, calling upon the petitioner to show cause why an order under section 56 of the bombay police act 1951, should not be passed against him. the allegations which were made in this notice were, broadly speaking, four in number: (i) that the petitioner .....  submitted that he relied upon the following allegations in the notice to say that it was one which was given under section 56(a); (i) that the petitioner was a dangerous and a desperate person; (2) that his acts were cruel and ferocious; and (3) that he outraged the modesty of women. we find it difficult to say ..... 
    [1] =>  ..... latter decision, namely:-'mistaken advice given by a legal practitioner may in the circumstances of a particular case give rise to sufficient cause within the meaning of section 5, limitation act, though there is certainly no general doctrine which saves parties from the results of wrong advice.'observed that on the facts of the case 'the learned  .....  advocate for the appellant who advised him to file this appeal. in any opinion the learned judge erred in law in refusing to extend the time under section 5; limitation act. the duty of the appellant was over when he consulted a lawyer of the standing of mr. s.n. bose who admittedly is known as a  ..... does not, after excluding the time spent in prosecuting such proceeding, exceed the period prescribed by law for presenting the appeal. on the analogy of section 14 of the limitation act the time spent in prosecuting such proceeding would not be taken into account for the purpose of determining whether there was sufficient cause for not presenting  ..... 
    [2] =>  .....  separate applications by joint debtors. the contention that there must be a joint application by all the joint debtors is therefore rejected. it is clear from the provisions of section 12 of the act and the decision of the supreme court in a.i.r. 1951 s.c. 189 that in cases such as this the proper course would be to split .....  the joint debts.2. it is next contended that in view of the decision in a.r. mhatre v. b.h. patil : air1957bom6 even if the application under section 4 of the act is made by one of the joint debtors the whole debt would have to be scaled down. but as held by their lordships of the supreme court in v .....  within three months from the date of constitution of the board whichever is later make an application to the board for adjustment of debts. debt is defined in section 2(5) of the act as follows:'debt' means any liability in cash or kind whether secured or unsecured due from a debtor whether payable under a decree or order of any civil ..... 
    [3] =>  .....  to make good his defence. under the aforesaid circumstances we have come to the conclusion that the respondent has failed to establish the defence under section 19 sub-section (3) of the act. in that view of the matter, in our judgment, the view taken by the learned magistrate was correct and the respondent was wrongly acquitted  ..... misbranded drugs. but, the main point which was urged in the appellate court was that the learned magistrate had failed to consider the defence under section 19 sub-section (3) of the act. the learned appellate judge accepted this contention and proceeded to examine the defence. the learned appellate judge came to the conclusion that the respondent was ..... did not know that it was spurious and promised that he would not keep such goods in future. there is no dispute that, under sub-section (3) of section 25 of the act, this certificate of the analyst was conclusive evidence of the facts stated therein. after the receipt of this reply_ the drugs inspector made some  ..... 
    [4] =>  ..... an objective standard he cannot base his conclusion upon any material other than that placed on record in an inquiry made by him under the provisions of sections 8b to 8d of the act.mr. s.m. shah also relied on the following observations of mudholkar j. in this decision:therefore the result of this would be that where such ..... the suit on the ground that it was not within his pecuniary jurisdiction. now this part of the judgment is unexceptionable. it is clear that under section 8 of the suits valuation act the value of the suit for the purpose of jurisdiction was the same as the value of the subject matter of the suit for the purpose  ..... this revision application challenges an order made by the second joint civil judge senior division ahmedabad and contends that the order is contrary to the provisions of section 8a of the court-fees act 1870 the revision application arises out of a suit filed by the plaintiff to recover possession of certain premises from the defendant. the plaintiff filed the ..... 
    [5] =>  ..... was governed by the principle inerrington's case 1934 ail er 154 and johnson's case1947-2 all er 395 it was clear from the provisions ofthe act and particularly section 5a that no quasi judicialduty was imposed on the government in considering theobjections and that the inquiry was an administrativeand not a quasi judicial inquiry. we ..... of being heard either in person or by pleader, the collector shall decide whether it is desirable to hear oral or documentary evidence, which under section 14 or section 40 of the act, he has power to can for. if evidence tendered by the objector is admitted, the collector shall also afford the other party an opportunity of ..... and record it in his proceedings. 4. agents, ether than pleaders, will not be allowed to appear on behalf of persons interested in any enquiry under section 5a of the act. 5. after completing the record of evidence, the collector shall submit his report and recommendations as to each objection, whether inadmissible or admissible for the  ..... 
    [6] =>  ..... . the proposition that the award as such cannot be enforced in a court of law unless it is followed by a judgment and decree is provided in section 17 of the act, section 32 of the act provides as follows :'notwithstanding any law for the time being in force, no suit shall be on any ground whatsoever for a decision upon the existence,  ..... be made, is nothing more than part of an agreement to convey, and it is well settled that an agreement to convey in future falls under the exertion in section 17 registration act.'4. even in the case of an ordinary sale deed of immoveable property, it cannot be enforced without filing a suit, but that does not mean that the sale ..... unless it is so followed, it cannot be enforced in a court of law. but, that does not mean that the award by itself is of no effect. section 3 of the act provides as follows :'an arbitration agreement, unless a different intention is expressed therein, shall be deemed to include the provisions set out in the first schedule in so  ..... 
    [7] =>  .....  this delegation was ineffective for the reason that the delegation was not made in accordance with the rules to be made by the municipality under section 46 of the act.13. section 37 provides that any powers which may be exercised by or on behalf of the municipality may be delegated in accordance with the rules to  ..... whatsoever that the expenses in connection with the present litigation were being incurred by the municipality and this could be done only if the municipality was acting under section 161 of the act. under the circumstances in our judgment the present cases must stand or fall on the basis of the resolutions on which the prosecutions were initiated. ..... to be submitted to government twice for sanction. therefore this authority is distinguishable from the facts of the present case on the ground that section 64 sub-section (1) of the panchayat act definitely enacted that in the case of the selection of the other kind of tax a previous sanction was necessary and a previous sanction  ..... 
    [8] =>  ..... same position as that of an accomplice. he is certainly entitled to greater credit and his evidence is entitled to greater value, and according to section 133 of the evidence act, an accomplice shall be a competent witness against an accused person; and a conviction is not illegal merely because it proceeds upon the uncorroborated testimony ..... words the actual fact of arrest is irrelevant to the consideration whether a particular offence is a cognisable offence. it is pointed out that under section 6 of the gambling act, the commissioner of police and certain other persons have power to issue special warrants of search and also of arrest, and that consequently what they .....  used as a common gaming house and that a person is gambling in that common gaming house, he cannot arrest him under the provisions of section 6 of the prevention of gambling act, unless the commissioner of police himself goes and searches that house and finds that person in the house. in emperor v. abasbhai : air1926bom195  ..... 
    [9] =>  .....  in this case is a foreigner or a citizen of india is within the jurisdiction of a civil court and not the central government by virtue of section 9 of the citizenship act.6. the question then is whether even on the assumption that the petitioner was not a foreigner when he entered india in june 1956, though he  ..... was not a citizen, whether the amended definition of the word 'foreigner' changed his status and rendered him a 'foreigner'.3. under section 9 of the foreigners act, whenever a question arises with reference to that act or any order made or direction given thereunder whether any person is or is not a foreigner or is or is net a foreigner ..... or category of persons who upto the 19th january 1957 were not foreigners shall henceforth be regarded as foreigners, as defined by the definition of the word 'foreigner' in act xi of 1957. that can be done by parliament either by means of a separate statute repealing the former statute or by changing the definition of 'foreigner' as was ..... 
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