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Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Year: 1973 Page 8 of about 961 results (0.117 seconds)

Jan 22 1973 (HC)

State Vs. Prem Sarup Purl

Court : Delhi

Decided on : Jan-22-1973

Reported in : ILR1973Delhi803

..... understanding of what the french court itself had done in this particular case and what we consider is the legal position to be gathered from sections 20 and 21 of the act. (43) section 31 ofthe indian act deals with the situation, the obverse of the present one, as to what the indian courts would do when a prisoner is to ..... other than for which his surrender had been granted. (30) r v. aubrey-fletcher, ex parte ross-munro 1968 1 all er 993 held that section 19 of the extradition act of 1870 was not directed to procedure or evidence but to jurisdiction; provided that the crimes with which the prisoner was charged were the offences for which ..... the charge of fraudulent conversion based upon the facts contained in the information upon which the claim for extradition was based. the contention put forward was that section 19 of the act was not abrogated by article iv of a treaty of extradition made between england and france which prohibited the trial of such person for any offence other .....

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May 11 1973 (HC)

Shahi Jama Masjid, Merta Vs. Kanhaiya Lal Bhagat and ors.

Court : Rajasthan

Decided on : May-11-1973

Reported in : AIR1973Raj322; 1973()WLN448

..... defendant no. 2 as respondent in appeal against the plaintiffs. it was indicated that the remedy was by way off a fresh appeal with an aoplication under section 5, limitation act and the court had power to allow such appeal againstsuch defendant on sufficient cause and to try both appeals simultaneously. it was in this context that the learned ..... of the learned counsel for the respondent was that notice was required to be given by the trial court to devasthan commissioner under section 72 of the rajasthan public trusts act. 1959. the rajasthan public trusts act. 1959 (act no. 42 of 1959) received the assent of the president on the 22nd day of october, 1959. it came into force ..... -11-71, i ordered that the notice of the appeal be given to the waqf board as also to the devasthan commissioner, in accoradnce with section 72 of the rajasthan public trusts act. 1959 about which i am going to say in a moment devasthan commissioner has not chosen to enter appearance, but the waqf board has appeared .....

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Feb 23 1973 (HC)

Dr. Curzon G. MomIn Vs. I.S. Phukan, 2nd Additional Income-tax Officer ...

Court : Guwahati

Decided on : Feb-23-1973

..... for the proper determination of the question that arises for consideration. we have to decide this question on the scheme and provisions of the act and particularly of the provisions of section 10 while considering the challenge made against the impugned provision under article 14 of the constitution.6. after making the above general observations, ..... set-up and to give a fillip for advancement of trade, business, profession, occupation or vocation within the specified areas. i say that section 10(26) of the income-tax act, 1961, in any view of the matter, is not liable to be struck down as illegal and ultra vires.'3. before proceeding further, ..... is, therefore, concerned with only persons who are chargeable to tax in accordance with the rates prescribed by the central act of the relevant year. section 4 is again subject to other provisions of the act, which includes section 10. the argument, therefore, that a marginal assessee, like the petitioner, with a low level of chargeable income .....

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Apr 27 1973 (HC)

J.S. Parkar Vs. V.B. Palekar and ors.

Court : Mumbai

Decided on : Apr-27-1973

Reported in : [1974]94ITR616(Bom)

..... the appellate tribunal to state the case and refer it in the event of the tribunal declining to refer in exercise of its powers under sub-section (1) of section 256 of the act. mr. hajarnavis contends that no case has been made out by the petitioner for by-passing the said alternate remedy and invoking the extraordinary jurisdiction ..... approaching the high court requiring the tribunal to state the case and making a reference in the event of the tribunal declining to refer under sub-section (1) of section 256 of the act was available to the petitioner and the same had not been availed of by him and that the petitioner had not made out any case for ..... article 123 in taylor's treatise on law of evidence (volume i, 11th edition, at page 130) it will appear clear that the substantive proposition enunciated in section 110 of evidence act is based on the principle contained in that article which runs as follows : '123. as men generally own the property they possess, proof of possession is .....

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Aug 03 1973 (HC)

Agri Orient Industries (P.) Ltd. Vs. Commissioner of Income-tax, Bomba ...

Court : Mumbai

Decided on : Aug-03-1973

Reported in : [1975]101ITR605(Bom)

..... assessable income or profits does not necessarily mean that the assessable income must from part of the accounting profits with which the income-tax officer is concern while acting under section 23a. in the context of the present case, therefore, the mere fact that the item of rs. 1,01,189 was considered as includable in the ..... profits. in this view of the matter, the tribunal confirmed the view taken by the two taxing authorities below that the case attracted thee provisions of section 23a(1) of the act. at the instance of the assessee the aforesaid question has been referred to us for our determination.5. mr. shah, appearing for the assessee, principally ..... the income-tax officer's view, after making provision for tax liability there was distributable surplus available with the assessee-company, he passed an order under section 23a of the act. initially by his order dated march 24, 1960, the income-tax officer passed an order to the effect that the un distributable portion of the assessable .....

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Jul 11 1973 (HC)

Yadaorao Ramchandra Rao Majarkhede and ors. Vs. Agricultural Produce M ...

Court : Mumbai

Decided on : Jul-11-1973

Reported in : AIR1974Bom181; 1974MhLJ338

..... with the leave of the court of criminal appeal against the sentence passed on his conviction, unless the sentence is one fixed by law.' sub-section (3) of section 4 of that act provided as follows: 'on an appeal against the sentence the court of criminal appeal shall, if they think that a different sentence ought to have ..... powers conferred upon it to the director or any powers of the director, to any other officer or person, specified in the notification.' 5. section 2 (f) of the act defines the 'director as meaning a person appointed as the director of agricultural marketing and rural finance for the state of maharashtra. even in this ..... market yard and prominent places. it appears that no objections or suggestions were received to these notification and, therefore, a notification under sub-section (3) of section 4 of the marketing regulation act was issued by the director on 23-9-1970 relating to the marketing of agricultural commodities as specified in the notification with effect from .....

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Jan 04 1973 (HC)

Dharam Pal Sat Dev Vs. Commissioner of Income-tax

Court : Punjab and Haryana

Decided on : Jan-04-1973

Reported in : [1974]97ITR302(P& H)

..... partner, as one partner ceasing to be a partner on account of his death and another partner entering into partnership, this answers the description of sub-section (2) of section 187 of the act and it has been rightly held by the authorities below that this constituted a change in the constitution of the firm.7. the contention that the ..... the change ; or (b) where all the partners continue with a change in their respective shares or in the shares of some of them.' 6. lastly, section 189 of the act deals with the dissolved firms. the purpose of enacting these provisions by the legislature is to provide for all exigencies so that the assessees, who are liable to ..... case as, according to the learned counsel, the firm of which ram rattan, deceased, was a partner stood dissolved in view of the provisions of section 42(c) of the indian partnership act, as there was no provision in the partnership deed providing that, in the event of death of any partner, the partnership would continue. it is .....

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Nov 28 1973 (SC)

The Gujarat Electricity Board Vs. the Ahmedabad Electricity Co. Ltd. a ...

Court : Supreme Court of India

Decided on : Nov-28-1973

Reported in : AIR1974SC314; (1974)4SCC623; [1974]2SCR492

..... given to the state government to constitute by notification in the official gazette a state electricity board. its constitution and jurisdiction are given in chapter iii of the act, section 12 of which says that the board shall be a body corporate having perpetual succession and common seal with power to acquire and hold property and to sue ..... of the authority.15. we have then to see if there are any statutory provisions which make disputes between them referable to the arbitration of the authority. section 76 of the act read as follows in 1964 when the present dispute arose :76(1) all questions arising between the state government or the board and a licensee or ..... brought the new rates into effect from 16-11-1963.4. after applying its mind in greater detail the board proposed to appoint a rating committee under section 57a of the act, being of the view that the electricity company was over-charging the consumers which it was not entitled to do. but before constituting the rating committee .....

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Nov 29 1973 (SC)

Qudrat Ullah Vs. Municipal Board, Bareilly

Court : Supreme Court of India

Decided on : Nov-29-1973

Reported in : AIR1974SC396; (1974)1SCC202; [1974]2SCR530; 1974(6)LC237(SC)

..... to evict and that a mere defence cannot be described as a right in the defendant. according to him, the 'right' referred to under section 6 of the general clauses act or section 43 of the repealing act is a substantive right and not a defensive plea. we have to examine these rival positions in some detail.18. certain propositions are clear ..... to7-(a) any building belonging to or vested in ... any local authority.even so, we have to read this provision in conformity with section 43 which repealed the act viz. u.p. act no. 3 of 1947. section 43(2) is the savings clause. if the repealing enactment, as in this case, makes a special provision regarding pending or past transactions ..... rent at the contract rate, when the cause of action for the same arose. the effect of substitution of the new section 48 for the old section 48 by section 31 of act iv of 1928, was that the old section was repealed. the effect of repeal of a statute in the absence of saving clauses is that it has to be considered .....

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Jan 20 1973 (HC)

Jugal Kishore Vs. State of Rajasthan and ors.

Court : Rajasthan

Decided on : Jan-20-1973

Reported in : AIR1973Raj244; 1973()WLN52

..... the grounds that the appellants were khatedar tenants and could not be described as unauthorised occupants; that thev became khatedar tenants prior to the enactment of section 15a of the tenancy act that section 15a contravenes article 31 and 2nd proviso of article 31a(1) because it does not provide any compensation much less compensation at the rate of ..... if leased out on any terms whatsoever shall be deemed to have been let out temporarily within the meaning of the proviso to the sub-section (i) of section 15 of the tenancy act and no khatedari right shall accrue or shall be deemed ever to have accrued in any such land. this provision in the opinion of the ..... leased out on any terms whatsoever shall be deemed to have been let out temporarily within the meaning of the pro-viso to the said sub-section of the said section 15 of the tenancy act. section 14 of the tenancy act speaks of four classes of tenants, namely, (a) khatedar tenants, (aa) maliks, (b) tenants of khudkasht, and (c) ghair .....

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