Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Sorted by: old Year: 1949 Page 5 of about 527 results (0.088 seconds)

Jagatchandra N. Vora and anr. Vs. the Province of Bombay and ors.

Court : Mumbai

Reported in : AIR1950Bom144

..... ariff 39 i. a. 237 : 40 cal. 1 p.c.. in that case a certificate of incorporation of a company issued under section 41, companies act, 1882, (corresponding to section 24 of the act now in force) was sought to be challenged. the circumstances of the case were somewhat unusual. a wealthy gentleman wishing to transfer his property ..... requisitions which require legal determination in my opinion their lordships wore not dealing with this question. one of the requisites that a company must satisfy under section 5, companies act is that its objects must be lawful. can it be said that if a company was formed for unlawful objects the certificate of registration can prevent ..... to a contrary conclusion. in support of his contention he drew my attention to the definition of 'evidence' in section 3 and of 'conclusive proof' in section 4, evidence act and also to section 112 of that act which provides that the birth of a child during marriage is conclusive proof of legitimacy. i must confess my inability .....

Jagatchandra N. Vora Vs. the Province of Bombay

Court : Mumbai

Reported in : (1949)51BOMLR997

..... such facts since these are not matters of evidence. notwithstanding the proviso, therefore, the legal concept of vacancy is still left for objective determination and the act of requisition under section 6 is quasi-judicial.16. i am free to confess that during the course of a long, interesting and full argument my mind wavered a good ..... which require legal determination? in my opinion their lordships were not dealing with this question. one of the requisites that a company must satisfy under section 5 of the companies act is that its objects must be lawful. can it be said that if a company was formed for unlawful objects the certificate of registration can ..... .r. 39 indap 237 : 17 bom. l.r. 1211. in that case a certificate of incorporation of a company issued under section 41 of the indian companies act, 1882, (corresponding to section 24 of the act now in force) was sought to be challenged. the circumstances of the case were somewhat unusual. a wealthy gentleman wishing to transfer his .....

Kashmira Singh and ors. Vs. the Crown

Court : Punjab and Haryana

Reported in : 1950CriLJ177

..... his behalf, so that arguments had necessarily to come for the most part from the bench; but finally they resolved themselves into a question of the interpretation of section 9, evidence act. it is, we think, correct to state generally that an accused must be convicted upon evidence recorded by a judge in the course of the trial by him ..... in the course of identification proceedings in the jail is not admissible.29. in the first place this judgment does not proceed upon the consideration of the provisions of section 9, evidence act, and in the second place, the witness in that case had stated at the trial that he could identify no one. with great respect, i am constrained ..... . in bindeshri v. king-emperor a. i. r (14) 1927 all. 163 : 27 cr.l.j. 1358, bannerji j. held :i am not aware of any section of the evidence act, which makes the identifloation prooeedings evidence at all, the only evidence, therefore, before the court was the statement of birjhan that he was among the daooits.now it appears .....

N.S. Venkatagiri Ayyangar and Another Vs. the Hindu Religious Endowmen ...

Court : Privy Council

Reported in : AIR1949PC156

..... endowment board and empowered it to take over control of temples dedicated to the use of the public. section 63 of the act empowered the board to settle a scheme of administration for the endowments connected with a math or temple. section 84 of the act was in the following terms: "(1) if any dispute arises as to whether an institution is a ..... the exercise of its jurisdiction illegally or with material irregularity, the high court may make such order in the case as it thinks fit." [17] as long ago as 1884, in the case of amir hassan khan v. sheo baksh singh, 11 ia 237 : (11 cal 6 (pc)),. the privy council made the following observation upon s. 622 of ..... can see no justification for any such view ; it would indeed be difficult to formulate any standard by which the degree of error of subordinate courts could be measured. section 115 applies only to cases in which no appeal lies, and, where the legislature has provided no right of appeal, the manifest intention is that the order of the .....

Banchhanidhi Samantrai Vs. LachminaraIn Agarwala

Court : Orissa

Reported in : AIR1950Ori250

..... also been taken by the patna high court in a similar case and there is no reason to think that the terms of the bihar act are far different from the provisions of the orissa act. section 13, bihar act lays downs : 'no order for recovery of possession of any house shall be made so long as the tenant pays, or ia ..... from computation and consequently the tenancy would terminate on the 11th of the succeeding month. this argument appears to me to be fallacious. in the first place, section 110, t. p. act applies only to cases where there is an express agreement limiting the period of the lease from a particular day. in the case of periodic leases, such as ..... allegation, the tenancy commenced on the nth of a month and the notice purports to terminate the tenancy with effect from 10th august 1943. reliance is placed on section 110, t. p. act, which lays down that where the time limited by lease of immovable property is expressed as commencing from a particular day in computing the time, such day .....

Rabindra Nath Deb Vs. Sushil Chandra Deb

Court : Kolkata

Reported in : AIR1952Cal427

..... 'class' but only to establish a special incident of gifts to classes) it is not made applicable beyond the two cases contemplated by sections 100 & 101.'the said sections 100, 101 & 102, succession act (now sections 113, 114 & 115 of the said act) were placed before their lordships in support of the contention that when a gift is made to a class & some of the ..... their lordships decided the said case on other grounds which i shall presently indicate their lordships in their judgment while discussing in effect of sections 100, 101 & 102, succession act (equivalent to present sections 113, 114 & 115 of the said act) stated as follows:'independently however of the distinction which may be taken between wills the operation of which is suspended during the testator .....

Laxmipat Singhania Vs. Larsen and Toubro Ltd.

Court : Mumbai

Reported in : AIR1951Bom205; (1950)52BOMLR688

..... not exist therein for the purpose of giving effect to the obvious intention of the legislature.8. i may incidentally refer to the provisions of section 9, income-tax act, 1922. under that section tax on property is payable by an assessee in respect of 'property consisting of any buildings or land pertaining thereto of which he is the ..... belongs to thelessee and not to the lessor.4. but it is urged in this case that although this may be the correct position under section 108(h), t. p. act, the act applies to cases where there is no agreement to the contrary. i have, therefore, to consider the provisions of the agreement to lease as well ..... ownership of' though not necessarily 'of the absolute ownership of.' these words have been interpreted in cases that have arisen for determination in the english courts under section 557, merchant shipping act, 1894, which provides that if salvage services are rendered by any ship 'belonging to her majesty' no claim shall be allowed for any loss, damage, etc .....

Duryodhan Kar and anr. Vs. Brajasunder Deb, After His Death Raja Chand ...

Court : Orissa

Reported in : AIR1949Ori31

..... lands may be appropriately described for the purpose of discrimination. the services rendered in lieu of rent is nothing but rent. rent is defined in the orissa tenancy act in section 3(16) as whatever is lawfully payable or deliverable to the landlord on account of the use or occupation of the land held by the tenant;, and ' ..... has been rendering services but in default of such. service would be liable to pay rent for that land to his landlord within the meaning of section 3 clause (23), orissa tenancy act. keeping this in mind, if you, read the revisional settlement entries, they do not at all come in conflict with the entries in the ..... of decisions not a. single one of which had to deal with section 117, orissa tenancy act, in support of the view that, they have taken. the mere reading of section 117, orissa tenancy act, would afford a smashing reply to such a contention. according to this section, the latest settlement entry will have the statutory, presumption of correctness until .....

Kovacs Vs. Cooper

Court : US Supreme Court

..... the use of sound amplifying systems." perhaps the last-quoted paragraph assumes that all sound trucks emit loud and raucous noises. [ footnote 7 ] he wrote: "section 4 of the ordinance, under which appellant was charged, prohibits any person from using for any purpose whatsoever, a loudspeaker or sound amplifier which emits therefrom 'loud ..... were involved. no man should be subject to punishment under a statute when even a bare majority of judges upholding the conviction cannot agree upon what acts the statute denounces. what the effect of this decision may be, i cannot foretell, except that kovacs will stand convicted and the division among the ..... safety, and comprehends the duty, within constitutional limitations, to protect the wellbeing and tranquility of a community. [ footnote 4 ] a state or city may prohibit acts or things reasonably thought to bring evil or harm to its people. in this case, new jersey necessarily has construed this very ordinance as applied to sound amplification. .....

Kulamoni Barik and anr. Vs. Lokenath Mohapatra

Court : Orissa

Reported in : AIR1949Ori35

..... readiness with evidence either documentary or oral. mullick j. observes:if however the plaintiff does not fail to appear but fails to produce his evidence or to perform any other act necessary for the progress of the suit, the court may proceed to decide the suit forthwith.6. therefore, according to that learned judge, is party may not fail to appear ..... though be fails 'to proceed with the evidence. according to this learned judge, with whom i agree with very great respect, so long as a party performs any act necessary for the progress of the suit, he, does appear in the suit. to move for an adjournment is none the less necessary for the progress of the suit in .....