Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Sorted by: recent Year: 1949 Page 7 of about 527 results (0.121 seconds)

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

Court : Kolkata

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 .....

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

Court : Kolkata

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 .....

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

Court : Privy Council

..... 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 .....

Zakka Pattalhirami Reddi Vs. Menakur Balarami Reddi and Others

Court : Privy Council

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- .....

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

Court : Mumbai

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 .....

Har Tirath Singh Vs. the Crown

Court : Punjab and Haryana

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 .....

Jonnagadla Seethamma and anr. Vs. Jonnagadla Veerana Chetty and ors.

Court : Chennai

Reported in : AIR1950Mad785; (1950)IIMLJ21

..... judges held that so long as a partition had not been made at the instance of the widow in exercise of the right conferred on her under sub-section (3) to section 3 of the act, the status of the joint hindu family continues and the widow is capable of being represented in business transactions and in suits by the karta of the ..... and is liable to be attached by her husband's creditors. the learned judge points out that except for the restrictions on her powers by clause (3) of section 3 of the act, the widow takes the husband's interest subject to the rights and obligations to that interest and that interest was the interest of an undivied member of a joint ..... a suit on the note. the basis of his decision was that though the widow does not obtain the right given under the act by survivorship, she does not obtain her right by inheritance either. the effect of section 3 clause. (2) and (3), in the learned judge's opinion, may be regarded'as a survival of the husband's persona in .....

The Jwala Bank Ltd. Vs. Shitla Parshad Singh

Court : Allahabad

Reported in : AIR1950All309

..... bank, filed an application under section 153, companies act proposing a composition scheme and praying for a meeting to be called of the creditors of the bank. this application was opposed by mr. hazari lal kapoor appearing ..... 1st august 1949, one of the creditors, shitala pd. singh, who claimed that a sum of rs. 10,000/- odd was due to him, gave notice under section 163, companies act, and not having received payment, filed an application for compulsory winding up of the jwala bank limited. on 16th september 1949, mr. sanyal, on behalf of the jwala ..... , an enquiry was held in the affairs of the jwala bank limited in the year 1947 and a report was made to the government of india. acting under the powers given under section 5 of the ordinance, the government of india prohibited the jwala bank ltd., from receiving fresh deposits. the relevant portion of the order no. f. .....

In Re: Rachakonda Nagarathnam

Court : Chennai

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, .....

Nrisinha Kumar Sinha Vs. Shyam Sundar Debanshi and anr.

Court : Kolkata

Reported in : AIR1950Cal196

..... a sale of the choukidari chakran lands under the provisions of section 55, village choukidari act.5. the first contention turns on the provisions of section 54, village choukidari act, 1870, and sections 6 and 13, bengal land revenue sales act.6. section 54, village choukidari act, 1870, states that whenever an assessment has been made in respect ..... khirod chandra : air1942cal173 . judged by the above principles it cannot be said that the description of the property sold in the notification under section 6, bengal land revenue sales act, 1859, was such as to vitiate the sale. the first contention raised on behalf of the appellant must therefore fail.8. the second ..... of the plaintiff appellant has contended in the first place that there was misdescription both in the requisition under section 54, village choukidari act 1870 and in the notification under section 6, bengal land revenue sales act, 1859, and the misdescription was such as to justify the plaintiffs' prayer for a reversal of the .....