Array ( [0] => ..... respondent in an appeal cannot reopen, by a cross-appeal, a decision which has been passed between him and another co-respondent. at first sight the terms of the law. section 348, act viii (8) of 1859, are wide enough to permit a respondent in an appeal to take any objection to the decision of the first court, as if he had ..... -appeal on the ground that no written memorandum had been filed.7. in 1877 the code of 1859 was replaced by another, act x [10] of 1877. the section corresponding to section 348 of the code of 1859 was section 561, which ran thus:'any respondent though he may not have appealed against any part of the decree may upon the hearing not ..... his pleader, and, if it had been allowed to stand, might possibly have formed a good ground for adopting the narrower construction of the section. but it was not allowed to stand. it was repelled by act xii (12) of 1879, which substituted the following clause 'provided he has filed a notice of such objection not less than seven days before ..... [1] => ..... 1. the question that arises on this reference is', whether a certain amount paid by an employer to his employees is a valid deduction under section 10(2)(xv) of the indian income-tax act,' 1922, and in order to determine it we have got to consider whether it is an expenditure laid out or expended wholly and exclusively ..... to tax for excess profits tax under the excess profits tax act, and, therefore, in order to arrive at the total income of the assessee for both purposes the question whether deductions are permissible under section 10 or not have to be considered. the excess profits tax act gives wider powers to the excess profits tax officer and that ..... is that although a deduction may be permissible under the income-tax act, he may still disallow it under the excess profits tax act. but in this case as the ..... [2] => ..... consists of certain shares in a private limited company and a fractional interest in a partnership business. illustration (iii) under clause (c) of section 12 of the specific relief act clearly shows that when shares are limited in number and are not ordinarily available in the market, it is quite proper to grant a decree ..... been made parties. as the plaintiffs in this case prayed ultimately for specific performance of a part of the contract in the manner contemplated by section 15 of the specific relief act and expressed their readiness to pay the entire consideration for 350 shares, the appellants are not prejudiced in any way.20. the fourth and ..... to defendants nos. 3 and 4 and their five annas share in the managing agency business on payment of the full consideration money as contemplated by section 15 of the specific relief act. by his judgment delivered on august 14, 1944, mr. justice sen negatived the various contentions of the defendants and substantially accepting the plaintiffs' ..... [3] => ..... 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 ..... [4] => ..... 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 ..... [5] => ..... records could not be rebutted.12. in my judgment, a pedigree table prepared for purposes of settlement, which is the basis of the entries in khewat, is relevant under section 35, evidence act, if prepared in discharge of public duty. (see baijnath v. bahadur a.i.r.1926 oudh.101. further, it has been held by their lordships of the privy council ..... in mt. biro v. atama ram , that sub-section (5) of section 32 embraces every statement made by the deceased person as to relationship if (1) he had special means of knowledge ..... [6] => ..... hobson, the respondent's assessor, visited the premises and after doing so said that a very short examination of the large boiler setting showed there bad been a furnace explosion of considerable violence. moreover, mr. watson, the fire loss adjuster for the fire insurance companies which had insured the premises and mr. jones, the alberta provincial boiler ..... it reaches first shall depend the commencement of liability determined with respect to 7th midnight." 6. both accident and object are defined in the policy and admittedly accident includes explosion, and the boiler referred to is an object within the meaning of that term in the policy. 7. the policy also provides : "(f) commencement of liability: ..... the telegram sent by wilkinson to his head office at brown's request in as much as in forwarding the notice he must be held to have been acting on behalf of the appellant company. 11. but these are technical matters and the substance of the case lies rather in the contention as to the true ..... [7] => ..... proceeding inwards. [18] in these circumstances, the chief justice in the supreme court held that these local regulations, coupled with the known and terrible risks of an explosion, constituted " special circumstances " within article 27 of the regulations for preventing collisions at sea "which may render a departure from the above rules necessary in order to ..... and killed about 17,000 of the inhabitants. early in the last world war, a canadian order in council dc 2412, issued under the canadian war measures act, provided for the governmental regulation of navigation within canadian waters, and among other things by cl. 1 required every vessel in those waters to comply with such ..... instead of going astern went ahead for 8 minutes. the trial judge accepted that evidence and bated on it his finding that the order to stop was not acted upon at once. but in the supreme court this conclusion was convincingly analysed and rejected by kellog, j., and their lordships are in full agreement with ..... [8] => ..... , in acquiring the land compulsorily for the purpose of enabling the construction to be carried out. in the opinion of their lordships, therefore, whichever translation of the 1884 patta is adopted, the appellants as proprietors are entitled to the compensation monies in question. [25] their lordships will, therefore, humbly advise his majesty that this appeal ..... of rent aforesaid after measurement of the proportionate land so acquired." [7] the said kabuliyat contained a clause in corresponding terms. [8] in the year 1884, the lands comprised in the said patta and kabuliyat were surveyed and it was found that the actual land comprised in the patta and kabuliyat was 710 bighas ..... "government" were omitted. [11] in the year 1937, proceedings were initiated under the act for the acquisition by the government of bengal of part of the land comprised in the 1884 patta. the notification under s. 6 of the act provided that the land was "required to be taken by government at the expense of the ..... [9] => ..... as an indian reservation any area of land which has been reserved for the use and occupancy of indians or eskimos by section 8 of the act of may 17, 1884 (23 stat. 26), or by section 14 or section 15 of the act of march 3, 1891 (26 stat. 1101), or which has been heretofore reserved under any executive order and placed ..... vicinity: provided, that such designation shall be effective only upon its approval by the vote of the indian and eskimo residents of the area involved in accordance with section 2 of the act of may 1, 1936, supra: and provided further, that nothing herein contained shall affect any valid existing claim or right under the laws of the united states ..... of any kind. its only reference to acquisition of lands by or for indians is in 5, where appropriations are authorized for that purpose. this section is inapplicable here. section 2 of the extending act, set out at the beginning of this opinion, page 337 u. s. 91 supra, gives no power to the secretary to dispose finally of ..... ) Explosives Act 1884 Section 4 Definitions - Year 1949 - Page 45 - Judgments | SooperKanoon Skip to content


Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Year: 1949 Page 45 of about 527 results (0.496 seconds)

Oct 28 1949 (PC)

Vadlamudi Venkateswarlu and anr. Vs. Ravipati Ramamma and anr.

Court : Chennai

Decided on : Oct-28-1949

Reported in : AIR1950Mad379

..... respondent in an appeal cannot reopen, by a cross-appeal, a decision which has been passed between him and another co-respondent. at first sight the terms of the law. section 348, act viii (8) of 1859, are wide enough to permit a respondent in an appeal to take any objection to the decision of the first court, as if he had ..... -appeal on the ground that no written memorandum had been filed.7. in 1877 the code of 1859 was replaced by another, act x [10] of 1877. the section corresponding to section 348 of the code of 1859 was section 561, which ran thus:'any respondent though he may not have appealed against any part of the decree may upon the hearing not ..... his pleader, and, if it had been allowed to stand, might possibly have formed a good ground for adopting the narrower construction of the section. but it was not allowed to stand. it was repelled by act xii (12) of 1879, which substituted the following clause 'provided he has filed a notice of such objection not less than seven days before .....

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Mar 24 1949 (PC)

Jethabhai Hirji and Co. Vs. the Commissioner of Income-tax

Court : Mumbai

Decided on : Mar-24-1949

Reported in : (1949)51BOMLR708

..... 1. the question that arises on this reference is', whether a certain amount paid by an employer to his employees is a valid deduction under section 10(2)(xv) of the indian income-tax act,' 1922, and in order to determine it we have got to consider whether it is an expenditure laid out or expended wholly and exclusively ..... to tax for excess profits tax under the excess profits tax act, and, therefore, in order to arrive at the total income of the assessee for both purposes the question whether deductions are permissible under section 10 or not have to be considered. the excess profits tax act gives wider powers to the excess profits tax officer and that ..... is that although a deduction may be permissible under the income-tax act, he may still disallow it under the excess profits tax act. but in this case as the .....

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May 06 1949 (PC)

JainaraIn Ram Lundia Vs. Surajmull Sagarmull

Court : Mumbai

Decided on : May-06-1949

Reported in : (1949)51BOMLR979

..... consists of certain shares in a private limited company and a fractional interest in a partnership business. illustration (iii) under clause (c) of section 12 of the specific relief act clearly shows that when shares are limited in number and are not ordinarily available in the market, it is quite proper to grant a decree ..... been made parties. as the plaintiffs in this case prayed ultimately for specific performance of a part of the contract in the manner contemplated by section 15 of the specific relief act and expressed their readiness to pay the entire consideration for 350 shares, the appellants are not prejudiced in any way.20. the fourth and ..... to defendants nos. 3 and 4 and their five annas share in the managing agency business on payment of the full consideration money as contemplated by section 15 of the specific relief act. by his judgment delivered on august 14, 1944, mr. justice sen negatived the various contentions of the defendants and substantially accepting the plaintiffs' .....

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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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Jan 24 1949 (PC)

Kashmira Singh and ors. Vs. the Crown

Court : Punjab and Haryana

Decided on : Jan-24-1949

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 .....

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Jun 01 1949 (PC)

Gokal Dass and ors. Vs. Devinder Dass and ors.

Court : Himachal Pradesh

Decided on : Jun-01-1949

Reported in : AIR1949HP11

..... records could not be rebutted.12. in my judgment, a pedigree table prepared for purposes of settlement, which is the basis of the entries in khewat, is relevant under section 35, evidence act, if prepared in discharge of public duty. (see baijnath v. bahadur a.i.r.1926 oudh.101. further, it has been held by their lordships of the privy council ..... in mt. biro v. atama ram , that sub-section (5) of section 32 embraces every statement made by the deceased person as to relationship if (1) he had special means of knowledge .....

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Oct 27 1949 (PC)

Abasand Oils Ltd. Vs. Boiler Inspection and Insurance Co. of Canada

Court : Privy Council

Decided on : Oct-27-1949

Reported in : AIR1950PC39

..... hobson, the respondent's assessor, visited the premises and after doing so said that a very short examination of the large boiler setting showed there bad been a furnace explosion of considerable violence. moreover, mr. watson, the fire loss adjuster for the fire insurance companies which had insured the premises and mr. jones, the alberta provincial boiler ..... it reaches first shall depend the commencement of liability determined with respect to 7th midnight." 6. both accident and object are defined in the policy and admittedly accident includes explosion, and the boiler referred to is an object within the meaning of that term in the policy. 7. the policy also provides : "(f) commencement of liability: ..... the telegram sent by wilkinson to his head office at brown's request in as much as in forwarding the notice he must be held to have been acting on behalf of the appellant company. 11. but these are technical matters and the substance of the case lies rather in the contention as to the true .....

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Feb 14 1949 (PC)

Oivind Lorentzen, as Director of Shipping and Curator of the Royal Nor ...

Court : Privy Council

Decided on : Feb-14-1949

Reported in : AIR1949PC200

..... proceeding inwards. [18] in these circumstances, the chief justice in the supreme court held that these local regulations, coupled with the known and terrible risks of an explosion, constituted " special circumstances " within article 27 of the regulations for preventing collisions at sea "which may render a departure from the above rules necessary in order to ..... and killed about 17,000 of the inhabitants. early in the last world war, a canadian order in council dc 2412, issued under the canadian war measures act, provided for the governmental regulation of navigation within canadian waters, and among other things by cl. 1 required every vessel in those waters to comply with such ..... instead of going astern went ahead for 8 minutes. the trial judge accepted that evidence and bated on it his finding that the order to stop was not acted upon at once. but in the supreme court this conclusion was convincingly analysed and rejected by kellog, j., and their lordships are in full agreement with .....

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Feb 28 1949 (PC)

Rai Harendra Lal Roy Bahadur Estates Ltd. Vs. Hem Chandra Naskar and A ...

Court : Privy Council

Decided on : Feb-28-1949

Reported in : AIR1949PC179

..... , in acquiring the land compulsorily for the purpose of enabling the construction to be carried out. in the opinion of their lordships, therefore, whichever translation of the 1884 patta is adopted, the appellants as proprietors are entitled to the compensation monies in question. [25] their lordships will, therefore, humbly advise his majesty that this appeal ..... of rent aforesaid after measurement of the proportionate land so acquired." [7] the said kabuliyat contained a clause in corresponding terms. [8] in the year 1884, the lands comprised in the said patta and kabuliyat were surveyed and it was found that the actual land comprised in the patta and kabuliyat was 710 bighas ..... "government" were omitted. [11] in the year 1937, proceedings were initiated under the act for the acquisition by the government of bengal of part of the land comprised in the 1884 patta. the notification under s. 6 of the act provided that the land was "required to be taken by government at the expense of the .....

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May 31 1949 (FN)

Hynes Vs. Grimes Packing Co.

Court : US Supreme Court

Decided on : May-31-1949

..... as an indian reservation any area of land which has been reserved for the use and occupancy of indians or eskimos by section 8 of the act of may 17, 1884 (23 stat. 26), or by section 14 or section 15 of the act of march 3, 1891 (26 stat. 1101), or which has been heretofore reserved under any executive order and placed ..... vicinity: provided, that such designation shall be effective only upon its approval by the vote of the indian and eskimo residents of the area involved in accordance with section 2 of the act of may 1, 1936, supra: and provided further, that nothing herein contained shall affect any valid existing claim or right under the laws of the united states ..... of any kind. its only reference to acquisition of lands by or for indians is in 5, where appropriations are authorized for that purpose. this section is inapplicable here. section 2 of the extending act, set out at the beginning of this opinion, page 337 u. s. 91 supra, gives no power to the secretary to dispose finally of .....

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