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Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Sorted by: old Year: 1949 Page 47 of about 527 results (0.143 seconds)

Nov 21 1949 (PC)

In Re: Rachakonda Nagarathnam

Court : Chennai

Decided on : Nov-21-1949

Reported in : AIR1950Mad629

..... . 1932 mad. 438 that a court's power to allow the refund of court-fee stamps is not confined in sections 13, 14 and 15, court-fees act, and that, under section 151, civil p. c., it has got some more though strictly limited, powers. in re chidambaram chettiar, 57 ..... mad. 1028 : a. i. r. 1934 mad. 566, a later case, we see what these powers under section 151 are. ..... in four petitions almost identical in nature with the present one, for the exercise of the inherent power of the court, under section 151, civil p. c., to refund the court-fees paid in certain appeal memoranda, not numbered as appeals because of the ..... the high court office in the usual course of routine. i see no objection to granting a certificate to that effect under section 151, civil p. c. the government will, of course, pass such orders as they like, after perusing this certificate, .....

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Nov 22 1949 (PC)

C.S. Nataraja Pillai (Now Deceased) and Another Vs. C.S. Subbaraya Che ...

Court : Privy Council

Decided on : Nov-22-1949

..... parties, their application to intervene therein having been rejected. but in spite of this their lordships are of opinion that it is admissible under s. 13, evidence act. the weight to be given to it must depend on all the circumstances although their lordships do not accept the view held, apparently, by the high court ..... adoption. there were, in their lordships' view, a number of circumstances in the contemporaneous and subsequent behaviour of the parties from which the performance of the necessary acts could be and was properly inferred, particularly in dealing with events which had taken place as long ago as 1906. reliance was placed by the appellants on ..... viz., (1) that the court accepted the deed of adoption executed by vasavambal as proving the fact of adoption, whereas evidence should have been given that the acts necessary for a valid adoption, in particular the physical giving and acceptance of the adoptive child, were performed; (2) that on its true construction the deed of .....

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Nov 22 1949 (PC)

Zakka Pattalhirami Reddi Vs. Menakur Balarami Reddi and Others

Court : Privy Council

Decided on : Nov-22-1949

Reported in : AIR1950PC48

..... reference must now be made to another submission on the main question which was based by mr. gray on the provisions of the 1926 act. the following are the relevant parts of this enactment: "section 9.- in this act, unless there is anything repugnant in the subject or context :- (13) 'trustee' means a person, by whatever designation known, in ..... is legally due upon it. (16) "ryoti land" means cultivable land in an estate other than private land but does not include- ..." "section 6. (1) subject to the provisions of this act, every ryot now in possession or who shall hereafter be admitted by a landholder to possession of ryoti land situated in the estate of such ..... doing so it will be convenient to refer to certain of the provisions of the madras estates land act, 1908, as amended by act viii [8] of 1934 and act xviii [18] of 1936. omitting what is not material they are as follows : "section 3. - in this act, unless there is something repugnant in the subject or context : (2) "estate" means- .....

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Nov 22 1949 (PC)

C.S. Nataraja Pillai Vs. C.S. Subbaraya Chettiar

Court : Mumbai

Decided on : Nov-22-1949

Reported in : (1950)52BOMLR474

..... parties, their application to intervene therein having been rejected. but in spite of this their lordships are of opinion that it is admissible under section 18 of the indian evidence act. the weight to be given to it must depend on all the circumstances, although their lordships do not accept the view held, apparently, by the ..... ought to be accepted as binding by the comity of nations. it is argued that as the judgment of the french courts does not fall within section 41 of the indian evidence act it is not admissible at all.8. it is true that the judgment in question was given in proceedings to which the present appellants were not ..... adoption. there were, in their lordships' view, a number of circumstances in the contemporaneous and subsequent behaviour of the parties from which the performance of the necessary acts could be and was properly inferred, particularly in dealing with events which had taken place as long ago as 1906. reliance was placed by the appellants on evidence .....

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Nov 22 1949 (PC)

Har Tirath Singh Vs. the Crown

Court : Punjab and Haryana

Decided on : Nov-22-1949

Reported in : AIR1950P& H222; 1950CriLJ1237

..... this order is signed by the home secretary to the east punjab government, mr. m. b. bhide. on 16th june 1949, under the provisions of sub-section (s) of section 3 of the act grounds on which the order of detention had been made were served on the petitioner. they were in the following words: 'you have taken part in subversive ..... n. b. sahney. on 10th june 1949, the superintendent of polios passed an order in which he stated that the petitioner had been arrested under sub-section (1) of section 3 of the act under his directions and that he had directed that har tirath singh be committed to sub-jail, hoshiarpur, until 7tb july 1949 and should be classified as ..... indefinite but amounts to no information at all, and in my judgment the detaining authorities have not complied with all the provisions of the law as contained in section 3 of the act.14. i am, therefore, of the opinion that the continued detention of the petitioner is illegal and improper, and i would therefore allow the petition and .....

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Nov 23 1949 (PC)

Vir Singh S/O Buta Singh Vs. the Crown

Court : Punjab and Haryana

Decided on : Nov-23-1949

Reported in : AIR1950P& H271; 1950CriLJ1335

..... of the allahabad high court was called upon to construe the provisions of the u. p. maintenance of public order (temporary) act (iv) [4] of 3947). he expressed the view that the provisions of section 5 are mandatory, and non-compliance with the said provisions makes the further detention illegal or improper. he was of the opinion that ..... to the detenu, but it was clearly his duty to comply with the statutory formalities as soon as the act of 1949 was published in the government gazette of the east punjab. the language of sub-section (5) of section 8 is be clear- and unambiguous that it was not necessary for the provincial government to issue any ..... of the application is that although several months have elapsed since the punjab public safety act. 1949 was enacted, the district magistrate has not cared to comply with the provisions of sub-sections (4) and (fi) of section 3 of the said act.3. these sub-sections are in the following terms:(4) no person shall, unless the provincial government .....

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Nov 23 1949 (PC)

Sailendra Nath Sen, Auction-purchaser Vs. Sudhanya Charan Das Naiya an ...

Court : Kolkata

Decided on : Nov-23-1949

Reported in : AIR1950Cal166

..... mukherjea j. in the case of mahipati haldar v. atul krishna, 53 c. w. n. 587: (a. i. r. (36) 1949 cal. 212). it was held there that section 18, limitation act may be availed of to extend the period of limitation of an application for setting aside a sale where fraud is proved to have been committed by the decree ..... his right to file the same, lies very heavily on the applicant. the manner in which such fraud is to be proved by the applicant was also indicated.5. section 18, limitation act, provides : 'where any person having a right to institute a suit or make an application has, by means of fraud, been kept from the knowledge of such ..... 7th june 1941 and the auction purchaser thereafter obtained possession through court. about four years later, on 24th july 1945, an application purporting to be under sections 173 and 174 (3), bengal tenancy act was filed by the judgment-debtors. it was alleged that the auction-purchaser was the benamdar of some of the judgment-debtors and this was made .....

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Nov 23 1949 (PC)

Gouri Sankar Singha Roy and ors. Vs. Prafulla Behari Singha Roy and or ...

Court : Kolkata

Decided on : Nov-23-1949

Reported in : AIR1951Cal210,54CWN651

..... decree of the trial court had been passed already and the amendment was made during the pendency of an appeal, does not affect the applicability of section 28a of the act which is expressly made retrospective. this view is supported by the decision in the case of official receiver of ramnad v. devarayan chettiar, a. ..... not incurred for immoral or illegal purposes vests in the official receiver both under the provincial towns insolvency act and the presidency towns insolvency act: sat narain v. srikishen das, . section 28a as enacted gives the section retrospective operation and applies to all transfers which may have been effected by the receiver on an ..... for his own benefit at the commencement of his insolvency or before his discharge.'the above paragraph of section 28a brings the provincial insolvency act into line with the corresponding provision of the presidency towns insolvency act. the effect of the amendment, therefore, is that on an adjudication in insolvency the power of .....

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Nov 24 1949 (PC)

Mt. Motia Vs. the Govt.

Court : Rajasthan

Decided on : Nov-24-1949

Reported in : AIR1951Raj123

..... the opinion that the child was born alive & its death took place by suffocation. owing to such a report of the doctor, mt. motia was challaned under sections 302 & 318, penal code.3. the statement of mt. motia is very significant in this case. she admits that she was pregnant with an illegitimate child. ..... committed relating to one & the same transaction. in the present case when the child died the offence of mt. bani, under section 317, became absorbed in the more serious charge of culpable homicide, & the unlawful act of exposure having directly caused the death & being done with knowledge it was likely to cause death, brought the accused within ..... the operation of section 304.'9. now the question of the conviction of the applt. under section 304, penal code, remains to be discussed. from the .....

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Nov 25 1949 (PC)

Menankandi Madhavi Amma Vs. Kannoli Kalathi Sucheela

Court : Chennai

Decided on : Nov-25-1949

Reported in : AIR1950Mad612

..... ordersubba rao, j.1. the only question in this revision is whether the suit transaction is a kanom within the meaning of the malabar tenancy act. a kanom is defined in section 3(1), malabar tenancy act as follows; ' 'kanom' means the transfer for consideration in money or in kind or in both by a landlord of an interest in specific ..... the definition of kanom does not make it anytheless a kanom. if it is kanom, the kanomdar certainly comes under the definition of a tenant under the malabar tenancy act. 3. the parties described the document as kanom-kuzhikanom -deed. the petitioner in the plaint gave the terms of the kanom deed and described the respondent as a kanomdar ..... contains the aforesaid two terms which are not included in the definition of a kanom, it is argued that the transaction is not a kanom but a mortgage and therefore act xvii [17] of 1946 has no application. in sundara aiyar's malabar law (1) the nature of kanom tenure has been succinctly described as follows: 'kanom is .....

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