Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Sorted by: old Court: privy council Year: 1949 Page 46 of about 456 results (0.013 seconds)

Jubilee Bank Ltd. Vs. Sm. Santimoyee Debi and ors.

Court : Kolkata

Reported in : AIR1950Cal487

..... of the general body of creditors.' 18. the extreme contention as urged on behalf of the plaintiff that after an order for discharge under sub-section (2) of section 44, provincial insolvency act, the receiver in insolvency becomes functus officio, must be overruled. it is, however, further contended that in view of the special circumstances of this ..... the time when the petition for adjudication was filed vested in the court for distribution amongst the creditors. 8. 'property' is defined for the purposes of this act under section 2(1)(d) in the following terms : 'property includes any property over which or the profits of which any person has a disposing power which he ..... which were being paid by the tenants from a portion of the said properties. on 13th september 1941 the insolvent made an application for discharge under section 41 of the act. this application was not disposed of till about one year later. in the meantime, on 5th december 1941, the learned judge held that the insolvent .....

Belumani Nath and anr. Vs. Ramesh Chandra Nath

Court : Guwahati

..... the accused. they included the pathway in their field and grew paddy on it. plaintiff was thus prevented from using the pathway. this act of the accused according to the complainant amounted to an offence under section 341.3. the defence was that the complainant had no right of way over the land of the accused. five witnesses were examined on ..... of private way over land or water which person in good faith believes himself to have a lawful right to obstruct, is not an offence within the meaning of this section, this exception has not been considered by the courts below, probably, for the reason that the defence that accused bona fide believed that they had right to close the ..... should not deprive them of the right to show that the evidence in the case does not exclude the existence of a belief in their mind which takes away their act from the definition of the offence. moreover, the question in controversy could not be decided properly in a summary trial on the criminal side.6. in this view of .....

Mt. Maina Vs. Dhundu

Court : Himachal Pradesh

Reported in : AIR1950HP33

..... been prejudiced by this mistake. he has recommended that 'in order to validate those proceedings-now, it is necessary to take action under section 100: of the act.' 13. the provisions of section 100, punjab tenancy act, are not applicable to the present case. the suit involves points, which can be heard and determined by revenue court only. a ..... in the trial court cannot be held to be determined in good faith and that the parties have not been prejudiced by the mistake as to jurisdiction. section 100, punjab tenancy act has, therefore, no application to the facts of the present case. if a decree is made in favour of a plaintiff without observing the provisions regarding ..... having entertained the suit, the civil court reached a point in the trial at which it held that the plaintiff sued as landlord, the proviso to section 77, punjab tenancy act, would take effect and make it incumbent on the court to return the plaint for presentation to the revenue court. 11. similarly, if the court finds .....

Janda Rubber Works Ltd. Vs. Income-tax Officer, Salaries Section and A ...

Court : Punjab and Haryana

Reported in : [1950]18ITR951(P& H)

..... that the words' according to the usage and practice of the country or the law for the time being in force' in sub-section (2) of section 106 which qualified the words 'any act ordered or done in the collection of revenue' does not empower the court to examine the circumstances of a case in order to ascertain ..... a civil prison, and as this had not been done the order of the collector was unsustainable in law. but because of the provisions of section 226 of the constitution act the application under section 491 of the criminal procedure code was not maintainable because (a) the high court was exercising original jurisdiction, (b) in ordering the arrest of the assessee ..... decree or order made in exercise of original jurisdiction. that orders in company matters do not differ in substance from decrees in suits, is shown by section 199 of the companies act providing that such orders shall be enforced in the same manner in which decrees in the suits may be enforced. the present order of the high .....

The Crown Vs. Naru S/O Lachhman

Court : Punjab and Haryana

Reported in : 1950CriLJ908

..... witness box and i should think he is in fact pretending to be dumb.on the facts stated by the committing magistrate, the case does not come within section 841, criminal p.c. section 341 reads:if the accused though not insane, cannot be mode to understand the proceedings, the court may proceed with the enquiry or trial; and, in ..... hard of hearing but that be is intelligent enough to understand the nature of the proceedings against him.4. how, in forwarding the proceedings to the high court under section 341 the court below is re- quired to make a report of the circumstances of the case and to record a finding as to whether the accused can understand ..... 16th and 17th march 1949. in the court of commitment evidence was examined between 14th may 1949 and 7th september 1949. on l1th september 1949 maru accused was examined under section 842, criminal p.c. by his order dated 12th september 1919, the committing magistrate found 'considering the case on the whole, it is quite apparent to me that a .....

Khalifa Janki Das Vs. Imperator

Court : Punjab and Haryana

Reported in : AIR1950P& H172; 1950CriLJ888

..... kind at the instance of the jamiat-ul-ulema or any other body. but the question still remains whether this detention order has been lawfully made under section 3 of the act.8. section 3 (1) deals with power to arrest and detain suspected persons and it says:the provincial government, the district magistrate...if satisfied with regard to ..... of enmity or hatred between different classes of his majesty's subjects.'10. in this respect the action of the executive certainly is dehors the object of section 3 of the act and it could not legally be used for the purpose for which it has been used. in my opinion, therefore, the detention of saifi kashmiri is ..... , according to him, were objectionable from 'communal point of view,' then it was open to him to take action against saifi under section 153a, penal code or under section 108, criminal p.c. the act is not intended to suspend the ordinary criminal tribunals o the land or prevent them from exercising their ordinary jurisdiction. see bajirao v. .....