Judgment Search Results Home > Cases Phrase: finance act 2007 section 8 amendment of section 12a Sorted by: old Court: kolkata Page 1 of about 129 results (0.138 seconds)

In Re: Banks and Fenwick

Court : Kolkata

Reported in : 45Ind.Cas.113

..... courts established by royal charter, they would have no power to exercise such a jurisdiction as i mentioned before, as the administration has oarefully withdrawn all such power--act xxv of 1861, section 1863.78. no court except those established by royal charter has any jurisdiction, and when so established it has only that power to a similar extent of rs ..... that they could not interfere in such a matter, yet reduced the amount of fine from 150 to 60, not as an appeal court, but as a mere matter of finance, i looked into mcdermott's case (1866) 1 p.c. 260 : 4 moor. p.c. (n.s.) 110 : 17 w.r. 352 : 16 e.r. 258 before passing sentence ..... opinions against the judgment which has overthrown them. yet, surely, that cannot be defamation, though perhaps erroneous and not fulfilling such demands as 'care and attention.' surely the 52nd section does not say that good faith must be applied in forming opinions, but only in expressing such opinions. of course, if a man has no opinion, if he knows nothing .....

The Empress Vs. Gangadhur Bhunjo and ors.

Court : Kolkata

Reported in : (1878)ILR3Cal622

prinsep, j.1. these cases have been submitted to us by the sessions judge of midnapore, because sentences of fine have been imposed by the magistrate of the division of contai for breaches of the stamp law contrary to the rule laid down in the case of the queen v. nadi chanel poddar 24 w.r. cr. rul. 1.2. it appears that the collector authorized this officer, under section 43 of the stamp act, to institute and conduct the prosecution in these cases. under these circumstances we think that he was not competent also to try them. any possible inconvenience might have been obviated by the collector's employing the government pleader or some other person to conduct the prosecution under section 43. we quash the convictions and sentences, and direct that the fines, if paid, be refunded.

Sreram Chandra Lerkan Vs. BipIn Dass and ors.

Court : Kolkata

Reported in : (1879)ILR4Cal710

..... applicable to ranaghat, we still think the conviction in this case cannot stand.3. it is clear that proceedings were commenced by an act on the part of a police officer, who, under section 5 of the act, was not authorized to do it. the notification referred to in the explanation of the deputy magistrate submitted to the judge would ..... have gone through the record, and we find no evidence bearing upon this matter. it cannot, we think, be presumed under section 6 of the act, because that presumption only arises when the proceedings are authorized by the preceding section, which, as we have observed before, was not the case here.5. the order of the deputy magistrate, therefore, must ..... case is illegal, and must be quashed.2. one of the questions raised before the judge was, that beng. act ii of 1867 has not been extended to ranaghat in accordance with the provision of section 11 of that act. upon this point the judge has expressed no opinion, and we have before us no materials from which we can .....

Bhoobunjoy Shaha and ors. Vs. Sonaka Chowdrain

Court : Kolkata

Reported in : (1880)ILR5Cal311

..... to appeal.'8. but we think that section 365 is not intended to apply to penalties under the stamp act. the fines to which it does apply are those which may be levied under the code itself.9. the penalty, which has been imposed upon the plaintiffs, could ..... a decree not affecting the merits of the case, or the jurisdiction of the court (see act viii of 1859, section 363).7. but then it was argued that it is an order as to a fine within the meaning of section 365 of act viii of 1859. that section says, that 'all orders as to fines or the levying thereof, &c.;, shall be subject .....

In Re: Tokee Bibee Vs. Abdool Khan

Court : Kolkata

Reported in : (1880)ILR5Cal536

..... ). and this case is very similar.7. i think that arrears of maintenance included in the schedule are a debt or liability within the meaning of section 13 of the insolvent act; that the protection order protected the insolvent from arrest or imprisonment in respect of it. the proceedings will, therefore, be removed into this court, and ..... without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent.2. the section under which ad interim protection is granted is section 13 of the insolvent act (11 and 12 vict., cap. 21). it is as follows:and be it enacted that in any case when a petition ..... quashing an order made therein. (his lordship then stated the facts of the case as above, and proceeded as follows): the section under which maintenance may be ordered (section 234 of the presidency magistrate's act) is as follows:if any person, having sufficient means, neglects or refuses to maintain his wife, or legitimate or illegitimate child .....

Bemola Dossee Vs. Mohun Dossee and ors.

Court : Kolkata

Reported in : (1880)ILR5Cal792

..... mortgaged joint property as the managing member of the family. these ladies continued to be interested in the business; they must be taken to have known that it was financed by the defendants, and that it required advances; they allowed gour churn to stand forward as the ostensible owner of the family share; they participated in and were ..... adduced by the plaintiff, meagre as it is, as to her withdrawing from the business, or altering her position with respect thereto. the business had for years been financed by the defendants. in 1874 the amount due to them was over rs. 21,000. the business had pressing need of further advances, and application was made to ..... of the family that the protection which the hindu law generally extends to the interests of a minor should be so far trenched upon as to bind him by acts of the family manager necessary for the carrying on and consequent preservation of that family property; but that infringement is not to be carried beyond the actual necessity .....

Ram Chunder Shaw and ors. Vs. the Empress

Court : Kolkata

Reported in : (1881)ILR6Cal575

..... appeal to the legality of the sentences passed. mr. allen first contended that, in order to render an offender under the beng. excise act liable to additional punishment under section 74, it is necessary that he should have been previously convicted of the same offence, the words like offence being synonymous with same offence ..... of husnoo, who has been discharged) did introduce spirituous liquors without a pass, and have committed an offence under section 58 of the excise act.'3. to constitute an offence under the latter part of section 58, it is necessary that the offender should have introduced, or attempted to introduce, for sale, spirituous liquors ..... appealable. we have already held that no offence has been committed, and we therefore feel bound to deal with their cases under section 147 of the high courts' criminal procedure act. the standing counsel, on behalf of government, consents to our proceeding summarily with this matter without complying with the special procedure provided .....

Sarkies Vs. Prosonomoyee Dossee and ors.

Court : Kolkata

Reported in : (1881)ILR6Cal794

..... the husband cannot alienate without the consent of the wife.---it cannot have been intended that a widow should get her dower and also the provision under the act. he also referred to section 17 of 21 geo. iii, p. 70.15. mr. agnew in reply referred to nekram jemadar v. iswari prasad pachuri (5 b. l. r., 643) and jagadamba dasi ..... or devised by her husband in his lifetime, which means, if it means anything, that in the view of the legislature, a wife, before the act, had a right to dower in such lands. the section would not only be superfluous, but misleading, unless the wife had such a right.34. the learned judge in the court below has alluded to the ..... affirms the existence of that law in india, and the necessity for amending it as it had been amended in england.30. the various sections of the act treat of the doctrine of 'seisin,' of 'rights of entry,' and of 'equitable,' as distinguished from 'legal estates of inheritance,' in language which would have no meaning, unless the english .....

The Empress Vs. Chandra Nath Sirkar and ors.

Court : Kolkata

Reported in : (1881)ILR7Cal65

..... on their side; and he has adopted the extraordinary expedient of convicting the prisoners principally on what each has said regarding the other. however much the law (section 30, evidence act) may allow him to take into consideration a confession made by one of the prisoners as affecting himself and also another prisoner, the course which mr. ..... cutting weapons.2. the sessions judge, in concurrence with both the assessors, has convicted chandra nath sirkar, alum poramanick, nundo manjhi, and hukim poramanick of riot under section 148 of the penal code, but differing from the assessors, he has also convicted chandra and nundo manjhi of culpable homicide not amounting to 'murder; and he has ..... is made the chief ground for convicting them. it is an elementary rule that no one should be condemned in his absence, and yet the sessions judge has acted in a manner directly opposed to it. we, therefore, are obliged to place entirely out of consideration any statement made by any of the accused in the .....

Shama Soondary Vs. Hurro Soondary and ors.

Court : Kolkata

..... appeal.'3. we observe that, in that case, the court held that the stamp originally paid was not insufficient, and therefore this expression of opinion relative to section 12 of the court fees act taking the form of an obiter dictum cannot be regarded as an authoritative declaration of the law.4. it appears to us that the words 'every question relating ..... valuation. the district judge, on taking up the appeal, was of opinion that the plaint bere an inadequate stamp, and under the proviso in the 1st clause of section 12 of the court fees act, vii if 1870, called upon the plaintiff to make good the stamp due upon the full amount of her claim, viz., rs. 4,000. as she ..... the case or the jtk (sic) ^cdiction of the court.' this provision is a re-enactment of section 350, act viii of 1859. but while the act of 1859 was in force, the court fees act of 1870 was passed, and section 12 of that act just quoted clearly made it the duty of a superior or appellate court to take action for the protection .....