Array
(
    [0] =>  .....  that although error in a decision of a subordinate court does not by itself involve that the subordinate court has acted illegally or with material irregularity bo as to justify interference in revision under sub-section (c) nevertheless if the erroneous decision results in the subordinate court exercising a jurisdiction not vested in it by law ..... of the privy council in the above two recent cases has thrown fresh light on the interpretation of section 115 of the code. the question which therefore arises in this case is whether the lower court has acted contrary to the provisions of any law or has committed some error of procedure as pointed out by ..... in the second case their lordships observed : 'it will be observed that the section applies to jurisdiction alone, the irregular exercise or non-exercise of it, or the illegal assumption of it. the section is not directed against conclusions of law and (act in which the question of jurisdiction is not involved.' both these decisions were again  ..... 
    [1] =>  ..... in the nature of a curative measure and in my view, it is perfectly open to any legislature or legislative authority specially constituted, such as the governor acting under section 88, constitution act, to enact 'ex post facto' legislation. very often, it may be desirable and necessary that such 'ex post facto' legislation should be enacted by the ..... , as well as defects and vagueness of the same are such infirmities as would invalidate the detention because of not conforming to the provisions of the act and since sections 4-a and 19 of ordinance iv [4] of 1949 declare that orders of detention should not be questioned or deemed to be invalid or unlawful ..... for a further period or periods not exceeding three years in the aggregate', were substituted while matters were in this state, the governor of madras, acting under section 88(1), government of india act, 1935, promulgated ordinance i [1] of 1949 on 11th august 1949 with the object of the removal of doubts regarding the validity of the  ..... 
    [2] =>  ..... that they were there for a subsidiary purpose, namely, for the purpose of convicting the remaining two of riots and of the offence of simple hurt under section 323 read with section 149, penal code. the learned assistant government advocate has referred me to a ruling reported in emperor v. ram adhin singh : air1931all439 in support of  ..... and convicted the remaining two. his lordship held that the remaining two persons could not be convicted under section 147 as well as under section 328 read with section 149, penal code. it was observed :'the entire prosecution evidence in the case has been laid before me and it is clear from ..... 32. in ram rup v. emperor : air1945all31 , waliullah j. (now my lord the acting chief justice), had a case before him in which seven persons were put on trial before the sessions judge for offences under sections 147 and 323, read with section 149, penal code. the sessions judge acquitted five persons giving them the benefit of doubt  ..... 
    [3] =>  ..... are entitled to make the application.10. the next question is whether the tribunal in making the award of 20-5-1949 has acted in excess of its jurisdiction. the tribunal has only a limited jurisdiction under section 19(3) proviso, viz., to decide whether there has been a material change in the circumstances, in which the award in  .....  thing the tribunal can do and nothing else. an award can be modified only under section 15. sub-section (4) of that section says :'save as provided in the proviso to sub-section (3) of section 19 an award declared to be binding under that section shall not be called in question in any manner.' the award in the proviso referred  .....  whereas it is expedient that the said award should be referred to a tribunal constituted under the industrial disputes act, 1947.now, therefore, in exercise of the power conferred by the proviso to sub-section (3) of 19 of the said act, the governor is pleased to appoint sri p.b. mukerjee, additional district judge, to be the tribunal ..... 
    [4] =>  ..... answer to question no. 1 is that the loss of rs. 6,411 in the year 1939-40 in speculative business in calcutta could be set off under section 24 (2), income-tax act against the profits made in the speculative business by the calcutta branch in the year 1940-41.11. as regards question no. 2, my answer is that the ..... of the loss carried forward, they allowed rs. 3,006 and disallowed' the balance of rs. 3,405. this they did by following the clear wordings of section 24 (2) of the income-tax act which says that such loss carried forward can be set off against the profits and gains if any of the 'same business.' it is contended on behalf .....  inter-connection, interlacing, inter-dependence and unity embracing the two businesses. no such attempt seems to have been made by the appellate tribunal.6. on an application made under section 66 (1) to state a case the appellate tribunal refused the application on the ground that no question of law arose for determination. on a further reference to this court ..... 
    [5] =>  .....  taken any precaution or used the slightest circumspection with regard to the safety of others. they were found guilty under section 304a, because the death of the deceased was directly due to what they held to be a criminally negligent act on the part of both of the accused:it is difficult to see', said the learned judges, 'how a  ..... might have been avoided by the exercise of reasonable care; thus a negligent act or omission is willed, because the person responsible does not will to prevent the commission or omission.6. if it was necessary to hold i would hold that ram rup, in the words of section 107, expl. 2 read with ss. 336 and 279 prior to  ..... person can 'abet' the 'negligence' of another without himself being equally 'negligent' within the meaning of the section, having regard to the definition of 'negligence' above quoted.the  ..... 
    [6] =>  .....  justice that these cases be listed for hearing before a judge of the lucknow bench. reference was made to section 108, government of india act 1915-16, as amended by the government of india act 1919 and to sections 219 and 223, government of india act, 1935. the learned counsel also referred to the case of shell co. of australia ltd. v. federal commissioner .....  in the matter of the preparation of the cauee list of the high court and an order passed under section 24, civil p. c., cannot but be misleading. we are satisfied, therefore, that the order of 29-4-1949, passed by the acting chief justice, was not a judicial order. it was an administrative order.7. we are clear, however, that ..... . judged by this standard the order passed by the hon'ble acting chief justice on 29-4-1949, cannot be said to be a judicial order. reference was in course of argument made by mr pandey to section 24, civil p. c. we are clear that there is no analogy between an order of transfer or withdrawal passed by the high ..... 
    [7] =>  .....  sastri, j.10. i agree with my learned brother. the question whether a visit is a casual or an occasional visit within the meaning of section 4-a (a) (iii), income-tax act depends not on mere presence in british india but on the quality of the presence in relation to the objects and intentions of the person sought to .....  or a casual one and that, therefore, the second requirement was also satisfied and that the assessee was a resident in british india within the meaning of section 4-a (a) (iii) of the act.3. there is no decision which has considered the expression 'occasional' or 'casual' visit; and though the expressions are capable of easy application to given ..... was in british india in the previous year otherwise than on an occasional or casual visit.' the relevant clause of the section referred to in the question is as follows:'section 4a (a) (iii) for the purpose of this act any individual is resident in british india in any year if he having within 4 years preceding that year been in ..... 
    [8] =>  .....  & that any alienation of the same made by the previous zamindar would, therefore, be valid even after his death & would not be hit by the madras impartible estates act, 1904; (ii) in any case, the pltf. has perfected her title to those lands by adverse possession; (iii) in the family of bodokhemidi zamindars there was a ..... a' schedule lands in village kattubati by sri krupamaya ananga bhima deo ceased to be operative after his death by virtue of the provisions of the madras impartible estates act, 1904 & that she acquired no right over the said lands either by virtue of the grant or by adverse possession as claimed by her.4. the main ..... the pltf. claims to be the illegitimate daughter of sri krupamaya anauga bhima deo, the late zamindar of bodokhemidi estate which is an impartible estate under the madras impartible estates act, 1904. the principal deft. (deft. 1) is the present zimindar of bodokhemidi estate & is the legitimate son of sri krupamaya ananga bhima deo. the other defts.  ..... 
    [9] =>  .....  694 : (83 c. l. j. 389) in which it was held by a bench that the use of the word 'admitted' occurring in the proviso to sub-section (5) of section 174, bengal tenancy act, was intentional and the legislature provided for the deposit of the money to be in time if it was so done before the appeal is admitted by a ..... march 1948. on that date the appellant presented the appeal, but he did not deposit in court the amount recoverable in execution as required by the proviso to section 174 (5), bengal tenancy act. the court made the following order -- that the appeal be registered and the appellant was directed to deposit the amount recoverable in execution of the decree within  .....  petition for revision of an order of a lower appellate court dismissing an appeal from an order of a learned munsif refusing to set aside a sale under section 174, bengal tenancy act.2. it will be unnecessary to deal with the facts of the case in any detail because the case was disposed of on a point of limitation.3 ..... 
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