Array ( [0] => ..... the three present cases there ace subsequent orders of the chief commissioner farther extending the period of detention which have been passed under the proper section, namely, sub-section (4) of section 3 of the act of 1949 and his argument is that the latter part of the remarks cited above applies to these oases, and now that the detenus are ..... of law was invoked.13. this brings us to the question of the effect of the non-compliance of the authorities with the provisions of sub-section (6) of section 3 of the act of 1919. it is not disputed that since the present detenus were originally arrested and ordered to be detained, upto the present date, none of ..... on 18th march the chief commissioner passed an order extending the period of detention for three months from 18th march to 17th june. still purporting to act under section 3 (4) of the act of 1947, the chief commissioner on 11th june passed an order extending the period of detention for two months from 17th june to 16th august and ..... [1] => ..... may be so.but this alteration in our opinion does not affect the result in the case. as anomalous mortgages are now included in section 58 of the act the application of sections 68 and 67 of the act is not excluded as under the old law. this is really the effect of the amendments introduced in 1929. even under the old ..... was instituted within the period of 35 years, the judicial committee held that as the plaintiff was deprived of part of his security, he was entitled under section 68 of the act to recover the mortgage money as it became payable under s, 68 in conseauence of the failure to deliver possession. they further held that as the money ..... held that the mortgage in question was an anomalous mortgage and not a combination of a simple mortgage and a usufructuary mortgage and therefore section 68 of the act was inapplicable, as it was excluded by section 98 and passed a decree for possession only in accordance with the terms of the mortgage deed in substitution of the decree for sale ..... [2] => ..... covenant, it cannot be said that there is a treaty between the two governments for the extradition of offenders within the meaning of section 18, extradition act and that section will not apply. the section refers to: 'the provisions of any treaty for the extradition of offenders'and it is argued that, unless there is an express ..... iv of the treaty, dated 8th may 1867, between the british government and hyderabad state?.' 34. the high court considered the effect of section 18, extradition act upon the treaty. the section runs as follows:'nothing in this chapter shall derogate, from the provisions of any treaty for the extradition of offenders and the procedure provided ..... case with respect to an extradition warrant received from the hyderabad state. one of the questions referred to the high court was:'whether in view of section 18, extradition act (xv [15] of 1903), the offence of cheating is an extradition offence, so far as british india and hyderabad state are concerned notwithstanding its ..... [3] => ..... hinduism to the extent that in both kinds of cases, the marriages prior to conversion have been regarded as valid for the purpose of considering whether an offence under section 494, penal code is committed when the converted persons marry again after conversion during the lifetime of the first wife or husband, but whether they commit an offence under ..... to christianity commits the offence of bigamy if he or she marries when the hindu spouse is alive unless the first marriage is dissolved. under the native converts marriage dissolution act, it is recognised. the marriage prior to conversion is not dissolved by the conversion. i may here refer to in re millard, 10 mad. 218 and gobardhan dass ..... ;kst;sr alfkkius'kq /kez;qs'kq u hew[kzfo/kafez'kqaa6. from this it does not follow that the marriage tie is severed by conversion or by any act of the parties. hindu law does not regard marriage as a mere contract. it regards that marriage makes the husband and wife one person. according to it, marriage ..... [4] => ..... g. raj is neither a deputy nor an assistant custodian. it is thus clear that k.g. raj had no authority to act under section 6 or 7 or 8. shri k.g. raj himself had acted under these sections of the ordinance of on behalf of the deputy custodian as the words 'for the deputy custodian udaipur city' occurring after his ..... writ of certiorari can only be directed against the authority which has to perform judicial functions and upon which is cast a duty to act judicially and not to act in excess of its jurisdiction. as under section 3 of the bombay requisitioning ordinance, it is provincial government which is empowered by order in writing to requisition any land, it is ..... giving reasonable warning and facility to any woman not appearing in public to withdraw, remove or break open any lock, bolt or any door or do any other act necessary for the said purpose. section 8--claims by interested persons. (i) any person claiming any right to, or interest in any property which has been notified under ..... [5] => ..... and we agree with the appellate tribunal that there was no ambiguity in the article and there was no conflict between the article as it stood and section 79, companies act. article 12 before its amendment was a well-known and common form occurring in articles of limited companies, the object of the article as it originally ..... the next question that was raised is whether the amendment of the article by the resolution of the company amounts to a transaction within the meaning of section 10a of the act. the word 'transaction', has been interpreted in a very wide sense and was applied to varying circumstances and facts. the dictionary meaning as given by ..... he was not fully appraised of the circumstances under which the amendment wag carried. that would not, however, preclude the department from invoking the provisions of section 10a, excess profits tax act, in order to get rid of the effect of the amendment and deal with the question in its true perspective. we are, therefore, of opinion ..... [6] => ..... jurisdiction to entertain and dispose of such appeals, revisions and other cases, civil and criminal, as it may be empowered to do under this act. he also referred to section 32 of the act by which all court, civil and criminal, in the united state shall be subordinate to the high court and the high court shall have ..... those under which the writ of mandamus is issued in england. it was further held that patna high court does not possess any powers either under section 4, specific relief act or letters patent, to issue writs of mandamus similar to those possessed by the calcutta high court and the high court of bombay and madras. in ..... the authority constituting the court. if it is unlimited, there is no matter of which it cannot take cognizance. the jurisdiction conferred on this court by section 23, high court act is a limited jurisdiction and within the prescribed limits there is no enactment under which the application can be entertained. for this reason the application is rejected ..... [7] => ..... not yet statute barred. but it appears to them that it is difficult to apply this principle unless the acknowledgment is such as to satisfy the conditions of section 19 of the indian limitation act. it must be in writing and it must be signed. these conditions were not in the present case satisfied. their lordships are accordingly of opinion that ..... be sustained. for apart from any other reason for rejecting them it is conclusive that the high court thought fit to take advantage of the provisions of the orissa moneylenders act, to reopen the whole of the transactions which culminated in the hand note of november 8, 1934, and to allow simple interest at 12 per cent, per annum up ..... before doing so it is necessary to note that during the pendency of the appeal from the subordinate judge to the high court the provisions of the orissa moneylenders act (orissa act iii of 1939) were extended to sambalpur and that the appellants claimed in the high court that they should have the benefit of this ..... [8] => ..... rely upon the evidence given by them at the trial.10. mr. d. n. aggarwal contends that it would not be safe to act upon the evidence of manga earn. he points out that in the first place according to the evidence of mange earn, the extra-judicial confession ..... rigorous imprisonment for three years.16. in the result while maintaining the conviction of chandan under part it of section 304, i. p.c., i reduce the sentence imposed upon him from five years' rigorous imprisonment to that for three years' rigorous imprisonment. ..... section 304,1. p.c. & that being so, i maintain the conviction of chandan under part ii of section 304, i. p.c.15. but considering the cause of the fight & the injuries caused ..... to jug lal deceased which proved fatal.14. as mentioned above, chandan has been convicted under part ii of section 304, i. p.c. it is not disputed before me that the facts of this case, if true, fall within part ii of ..... [9] => ..... resident to which he stoutly objects or to pay a visit to his relations on occasions, thereby drags the joint hindu family into the wide net of section 4-a (b), income-tax act.17. section 4 a (b) by the use of the expression 'situated' with reference to 'the control and management' contemplates a place or locality where the ..... reside and not merely at the place where the management and control of the family affairs and business abided, is no longer tenable in view of section 4-a (b) of the act. under section 4-a (b) the test of residence in the case of firms and undivided hindu families is not the presence of the partners or the ..... the income-tax authorities and the appellate tribunal, but he was unsuccessful in his contention.2. the present section 4 a, income-tax act was inserted by section 5, income-tax amendment act, 1939 and clause (b) of that section, which is the relevant section for the purpose of this case, reads as follows:'a hindu undivided family, firm or other association of ..... ) Explosives Act 1884 Section 4 Definitions - Sortby Old - Court Privy Council - Year 1949 - Page 38 - Judgments | SooperKanoon Skip to content


Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Sorted by: old Court: privy council Year: 1949 Page 38 of about 456 results (0.047 seconds)

Nov 09 1949 (PC)

Virendra Kumar Tripathi Vs. the Crown

Court : Himachal Pradesh

Decided on : Nov-09-1949

Reported in : 1951CriLJ3

..... the three present cases there ace subsequent orders of the chief commissioner farther extending the period of detention which have been passed under the proper section, namely, sub-section (4) of section 3 of the act of 1949 and his argument is that the latter part of the remarks cited above applies to these oases, and now that the detenus are ..... of law was invoked.13. this brings us to the question of the effect of the non-compliance of the authorities with the provisions of sub-section (6) of section 3 of the act of 1919. it is not disputed that since the present detenus were originally arrested and ordered to be detained, upto the present date, none of ..... on 18th march the chief commissioner passed an order extending the period of detention for three months from 18th march to 17th june. still purporting to act under section 3 (4) of the act of 1947, the chief commissioner on 11th june passed an order extending the period of detention for two months from 17th june to 16th august and .....

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Nov 11 1949 (PC)

Ramakkammal Vs. C.G. Subbarathnam Iyer and ors.

Court : Chennai

Decided on : Nov-11-1949

Reported in : AIR1953Mad13; (1952)IIMLJ416

..... may be so.but this alteration in our opinion does not affect the result in the case. as anomalous mortgages are now included in section 58 of the act the application of sections 68 and 67 of the act is not excluded as under the old law. this is really the effect of the amendments introduced in 1929. even under the old ..... was instituted within the period of 35 years, the judicial committee held that as the plaintiff was deprived of part of his security, he was entitled under section 68 of the act to recover the mortgage money as it became payable under s, 68 in conseauence of the failure to deliver possession. they further held that as the money ..... held that the mortgage in question was an anomalous mortgage and not a combination of a simple mortgage and a usufructuary mortgage and therefore section 68 of the act was inapplicable, as it was excluded by section 98 and passed a decree for possession only in accordance with the terms of the mortgage deed in substitution of the decree for sale .....

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Nov 11 1949 (PC)

Dr. Ram Babu Saksena Vs. Rex

Court : Allahabad

Decided on : Nov-11-1949

Reported in : AIR1950All342

..... covenant, it cannot be said that there is a treaty between the two governments for the extradition of offenders within the meaning of section 18, extradition act and that section will not apply. the section refers to: 'the provisions of any treaty for the extradition of offenders'and it is argued that, unless there is an express ..... iv of the treaty, dated 8th may 1867, between the british government and hyderabad state?.' 34. the high court considered the effect of section 18, extradition act upon the treaty. the section runs as follows:'nothing in this chapter shall derogate, from the provisions of any treaty for the extradition of offenders and the procedure provided ..... case with respect to an extradition warrant received from the hyderabad state. one of the questions referred to the high court was:'whether in view of section 18, extradition act (xv [15] of 1903), the offence of cheating is an extradition offence, so far as british india and hyderabad state are concerned notwithstanding its .....

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Nov 11 1949 (PC)

Martha Samadhanam David Vs. Sudha

Court : Karnataka

Decided on : Nov-11-1949

Reported in : AIR1950Kant26; AIR1950Mys26

..... hinduism to the extent that in both kinds of cases, the marriages prior to conversion have been regarded as valid for the purpose of considering whether an offence under section 494, penal code is committed when the converted persons marry again after conversion during the lifetime of the first wife or husband, but whether they commit an offence under ..... to christianity commits the offence of bigamy if he or she marries when the hindu spouse is alive unless the first marriage is dissolved. under the native converts marriage dissolution act, it is recognised. the marriage prior to conversion is not dissolved by the conversion. i may here refer to in re millard, 10 mad. 218 and gobardhan dass ..... ;kst;sr alfkkius'kq /kez;qs'kq u hew[kzfo/kafez'kqaa6. from this it does not follow that the marriage tie is severed by conversion or by any act of the parties. hindu law does not regard marriage as a mere contract. it regards that marriage makes the husband and wife one person. according to it, marriage .....

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Nov 14 1949 (PC)

SefudIn and ors. Vs. K.G. Raj

Court : Rajasthan

Decided on : Nov-14-1949

Reported in : AIR1950Raj58

..... g. raj is neither a deputy nor an assistant custodian. it is thus clear that k.g. raj had no authority to act under section 6 or 7 or 8. shri k.g. raj himself had acted under these sections of the ordinance of on behalf of the deputy custodian as the words 'for the deputy custodian udaipur city' occurring after his ..... writ of certiorari can only be directed against the authority which has to perform judicial functions and upon which is cast a duty to act judicially and not to act in excess of its jurisdiction. as under section 3 of the bombay requisitioning ordinance, it is provincial government which is empowered by order in writing to requisition any land, it is ..... giving reasonable warning and facility to any woman not appearing in public to withdraw, remove or break open any lock, bolt or any door or do any other act necessary for the said purpose. section 8--claims by interested persons. (i) any person claiming any right to, or interest in any property which has been notified under .....

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Nov 14 1949 (PC)

Commissioner of Income and Excess Profits Tax Vs. Coimbatore Pioneer M ...

Court : Chennai

Decided on : Nov-14-1949

Reported in : AIR1950Mad661; [1950]18ITR213(Mad)

..... and we agree with the appellate tribunal that there was no ambiguity in the article and there was no conflict between the article as it stood and section 79, companies act. article 12 before its amendment was a well-known and common form occurring in articles of limited companies, the object of the article as it originally ..... the next question that was raised is whether the amendment of the article by the resolution of the company amounts to a transaction within the meaning of section 10a of the act. the word 'transaction', has been interpreted in a very wide sense and was applied to varying circumstances and facts. the dictionary meaning as given by ..... he was not fully appraised of the circumstances under which the amendment wag carried. that would not, however, preclude the department from invoking the provisions of section 10a, excess profits tax act, in order to get rid of the effect of the amendment and deal with the question in its true perspective. we are, therefore, of opinion .....

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Nov 14 1949 (PC)

M.R. Deo Vs. State

Court : Madhya Pradesh

Decided on : Nov-14-1949

Reported in : AIR1950MP28; 1950CriLJ813

..... jurisdiction to entertain and dispose of such appeals, revisions and other cases, civil and criminal, as it may be empowered to do under this act. he also referred to section 32 of the act by which all court, civil and criminal, in the united state shall be subordinate to the high court and the high court shall have ..... those under which the writ of mandamus is issued in england. it was further held that patna high court does not possess any powers either under section 4, specific relief act or letters patent, to issue writs of mandamus similar to those possessed by the calcutta high court and the high court of bombay and madras. in ..... the authority constituting the court. if it is unlimited, there is no matter of which it cannot take cognizance. the jurisdiction conferred on this court by section 23, high court act is a limited jurisdiction and within the prescribed limits there is no enactment under which the application can be entertained. for this reason the application is rejected .....

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Nov 14 1949 (PC)

Nagarmal Vs. Bajranglal

Court : Mumbai

Decided on : Nov-14-1949

Reported in : (1950)52BOMLR467

..... not yet statute barred. but it appears to them that it is difficult to apply this principle unless the acknowledgment is such as to satisfy the conditions of section 19 of the indian limitation act. it must be in writing and it must be signed. these conditions were not in the present case satisfied. their lordships are accordingly of opinion that ..... be sustained. for apart from any other reason for rejecting them it is conclusive that the high court thought fit to take advantage of the provisions of the orissa moneylenders act, to reopen the whole of the transactions which culminated in the hand note of november 8, 1934, and to allow simple interest at 12 per cent, per annum up ..... before doing so it is necessary to note that during the pendency of the appeal from the subordinate judge to the high court the provisions of the orissa moneylenders act (orissa act iii of 1939) were extended to sambalpur and that the appellants claimed in the high court that they should have the benefit of this .....

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Nov 14 1949 (PC)

Chandan Vs. the Crown

Court : Punjab and Haryana

Decided on : Nov-14-1949

Reported in : 1951CriLJ917

..... rely upon the evidence given by them at the trial.10. mr. d. n. aggarwal contends that it would not be safe to act upon the evidence of manga earn. he points out that in the first place according to the evidence of mange earn, the extra-judicial confession ..... rigorous imprisonment for three years.16. in the result while maintaining the conviction of chandan under part it of section 304, i. p.c., i reduce the sentence imposed upon him from five years' rigorous imprisonment to that for three years' rigorous imprisonment. ..... section 304,1. p.c. & that being so, i maintain the conviction of chandan under part ii of section 304, i. p.c.15. but considering the cause of the fight & the injuries caused ..... to jug lal deceased which proved fatal.14. as mentioned above, chandan has been convicted under part ii of section 304, i. p.c. it is not disputed before me that the facts of this case, if true, fall within part ii of .....

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Nov 15 1949 (PC)

Sri Rajah K.V. Narasimha Rao Bahadur, Zamindar of Aswaraopet Vs. Commi ...

Court : Chennai

Decided on : Nov-15-1949

Reported in : AIR1950Mad808; [1950]18ITR181(Mad)

..... resident to which he stoutly objects or to pay a visit to his relations on occasions, thereby drags the joint hindu family into the wide net of section 4-a (b), income-tax act.17. section 4 a (b) by the use of the expression 'situated' with reference to 'the control and management' contemplates a place or locality where the ..... reside and not merely at the place where the management and control of the family affairs and business abided, is no longer tenable in view of section 4-a (b) of the act. under section 4-a (b) the test of residence in the case of firms and undivided hindu families is not the presence of the partners or the ..... the income-tax authorities and the appellate tribunal, but he was unsuccessful in his contention.2. the present section 4 a, income-tax act was inserted by section 5, income-tax amendment act, 1939 and clause (b) of that section, which is the relevant section for the purpose of this case, reads as follows:'a hindu undivided family, firm or other association of .....

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