Court : Andhra Pradesh
Reported in : 2000(3)ALD649; 2000(3)ALT159
..... (supra), it was pointed out by a learned single judge of this court thus:'i am fortified in my view in the light of the language used in section 38(2) of the act which says in every other case the person so impounding an instrument shall send it in original to the collector.though under section 35(a) a power is given to the person in-charge of public office who is given authority to admit the document in evidence by collecting the proper stamp duty and also by ..... by any public officer, unless such instrument is duly stamped:provided that--(a) any such instrument not being an instrument chargeable with a duty of twenty paise or a mortgage of crop (article 36(a) of schedule i-a) chargeable under clause (aa) or (bb) of section 3 with a duty of forty paise or a bill of exchange or promissory note, shall subject to all just exceptions, be admitted in evidence on payment of the duty with which the same is chargeable or, in the case of an instrument insufficiently ..... the trial court having held that it has power to impound the disputed document, imposed duty and penalty and dismissed the ia without sending ..... if the parties have not consented for deciding the nature of the instrument and the stamp duty payable thereon and the penalty to be levied by the person in-charge holding public office he shall simply forward the ..... having regard to the above question of law before us, it is necessary to narrate the facts in brief, which are as follows: the petitioners herein are the alleged lessees .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1939All466
..... this conclusion becomes irresistible when one compared the provisions of section 298(2)ii(b) of the act with the provisions of section 3, hackney carriage act (14 of 1879) which provides about 'rules for the regulation and control of hackney carriages. ..... in the year 1931 the municipal board of muttra purporting to act in exercise of the powers vested in it under sections 293 and 298(2)h(b) & j(d), municipalities act (2 of 1916) framed certain bye-laws 'for the regulation of stands for motor vehicles and hackney carriages within the muttra municipality' and the question of the validity or otherwise of those bye-laws has occasioned the present reference to this full bench. ..... the municipality has not purported to act under these section and i do not think that it is necessary to decide definitely whether they would apply to the charging of fees for stands for hackney carriages, but i mention the sections merely to show that the legislature intended that the municipality should charge fees from any person who occupies a part of the street to the exclusion of others for some time in order to make profit for ..... any subsidiary matter connected with this question will have to be considered by the bench concerned, and we should not express any opinion with regard to them.41. ..... it is not disputed that the stands notified in the bye-law are vested in the board.33. ..... it cannot be disputed that a private owner is entitled to charge for the use of his land. .....
Tag this Judgment!Court : Kolkata
Reported in : (2000)2CALLT72(HC),2000(1)CHN199
..... sections 35 and 36 of the calcutta hackney-carriage act. ..... the hand rickshaw pullers in the city of calcutta asking relief in the nature of writ of mandamus as to the nature thereof commending the respondents to issue and/or renew pullers licence to the applicants in pursuant to the provisions of calcutta hackney-carriage act within a short period from the date of the application upon rejecting the impugned order dated 4th may, 1998. ..... the calcutta hackney-carriage act provides for licence for pulling the rickshaw and pursuant to the same as may as 24,000 rickshaw pullers obtained driving licence from the licensing authority under calcutta hackney-carriage act, 1919 ..... the calcutta hackney-carriage act, 1919 (act no.1 of 1919) made by the ..... sarkar, learned counsel appearing in support of the petitioner contended that three important aspects are necessary to be considered under the calcutta hackney-carriage act, 1919. ..... , 24,000 licences to the rickshaw pullers were issued under calcutta hackney-carriage act. ..... in this context, it may be mentioned that in the year 1996 it was decided that one auto-rickshaw licence will be given to eight pullers but in spite of appeal in this respect to the rickshaw pullers for replacing the hand pulled rickshaws by auto-rickshaw, no application was received so far by ..... if they are aggrieved and affected, then court has no power, under the writ jurisdiction, to throw them out taking a prima facie hypertechnical point of ..... suit is a dispute between two private .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1982Cal346,86CWN628
..... ranjit kumar banerjee, learned advocate appearing on behalf of the appellants has drawn our attention to the following statement occurring at page 249 of bejoy prasad singh roy's bengal municipal act:--'under section 2(b) of the calcutta hackney-carriage act, 1919, the following municipalities have been included within calcutta, bally, baranagar, cossipore-chitpore, garden reach, howrah, kamarhati, manicktolla, south dum-dum and tollygung. ..... under section 71(1) of the act, the state government has been empowered to make by-laws generally for carrying out the provisions and intentions of the act; and in particular and without prejudice to the generality of the foregoing power they may make by-laws with regard to certain matters as specified in clauses (a) to (n) of sub-section (1) of s 71. ..... (2) the registering officer shall satisfy himself that the municipal tax imposed upon such carriage for the current half-year has been paid, and decide whether the carriage is fit to be registered in the class applied for, and shall register it in that class or refuse to grant the application. ..... the learned judge has observed that if the executive government decides as a matter of policy that they will not entertain any new application for licence in respect of any rickshaw in the city of calcutta, that policy decision cannot be called in question in a court of law. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1955Cal417,59CWN215
..... under the calcutta hackney carriage act, any 'hackney carriage'--and a rikshaw is included in that definition,--is entitled to he registered and licensed, provided it is found in a fit condition for the road and provided all municipal charges have been paid. ..... i therefore hold that sections 8 and 9 of the calcuttahackney carriage act, 1919 and by-law 13-a,framed under power granted by section 71 of the act,are infra vires and valid. ..... biswas appearing on their behalf contends, and in my opinion quite correctly, that once a rikshaw is allowed to be registered under the calcutta hackney carriage act, you could not restrict any licence holder from plying within the area of calcutta as defined by the act. ..... under the calcutta hackney carriage act, 1919 (bengal act 1 of 1919), every 'hackney carriage' in calcutta is required to be annually registered by a registering officer, who is a deputy commissioner of police appointed by the state government. ..... on 8-4-1954, there was another conference in the office of the commissioner of police and it was decided to take legal opinion as to whether the area within which these rikshaws might ply, could be restricted. 8. ..... it is not as if the authorities have decided that no rikshaws within tollygunj can ever be plied. ..... it was however decided that before doing anything further, a survey of these rikshaws should be made jointly by the police and the corporation authorities. 4. .....
Tag this Judgment!Court : Kolkata
Reported in : 2008(1)CHN44
..... according to him, the earlier petition was filed at a time when the provisions of the calcutta hackney-carriage act, 1919 (hereinafter the act of 1919) governed plying of rickshaws on the city roads of kolkata. ..... now that it has been amended by the calcutta hackney-carriage (amendment) act, 2006 (hereafter the act of 2006), there has been a change in the cause of action and there being no identity of issues, the writ petition would be maintainable.4. ..... learned counsel very fairly brought to the notice of the court the provisions contained in section 61a of the calcutta police act but at the same time submitted that no notification in the official gazette had yet been issued by the commissioner of police prescribing the types of vehicles which shall not be driven or used in streets and public places in ..... in view of the present determination conferred on this court by the roster framed by the hon'ble the chief justice, it would not be competent for this court to decide as to whether rickshaws can be plied on city roads or not. ..... mukhopadhyay, learned junior standing counsel representing the state of west bengal has raised a preliminary objection with regard to maintainability of the writ petition. ..... none can dispute that a rickshaw is a wheeled conveyance. .....
Tag this Judgment!Court : Delhi
Reported in : 140(2007)DLT428
..... same day for holding of test identification parade (tip) in respect of the appellant in view of the suspicion expressed by pw-1 darshan kumar, the conductor of the bus involved in the blast regarding one passenger who had boarded his bus from paharganj bus stop along with a rexine bag for going to nangloi but instead of going up to nangloi he had got down from the bus ..... and the appeal filed by him for setting aside his conviction under sections 302/307 ipc and also under section 3 of the explosive substances act and the sentences imposed upon him vide judgment dated 26-10-04 and ..... 1998 when the investigating officer had moved the application before the magistrate(pw-60) in court for holding the identification parade the magistrate would not have fixed the parade in jail for 23rd ..... regard reference can be usefully made to the observations of the hon'ble supreme court which have to be kept in view while ..... appellant as deposed by her only when he was sitting in the train opposite her but what is to be kept in mind is that the memory and power to recapitulate differs from person to person as also from situation to situation ..... . he also did not dispute that with the death of four persons due to the bomb blast offence of murder stood committed and the offence of attempted murder also stood ..... . there can be no dispute about the legal proposition put forward by the learned counsel for the appellant that it is the duty of the court to see and ensure that an accused in a criminal ..... .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1943All2
..... they further alleged that, in addition to the two items of zamindari property shown by the landlord-applicant in his application under section 4 and in his written statement under section 8, the landlord-applicant owned various other immovable properties details of which were given by them in para. ..... on the prescribed notices being published, a written statement under section 10 of the act was filed by rai bahadur sahu har prasad and his nephews on 30th may 1936. ..... the respondent thereupon filed his application under section 4 of the act on 25th july 1935, as has already been stated. ..... when the encumbered estates act came into force, he went and filed the application mentioned in section 4 of that act and showed his shares in these two villages as the only property which he owned and prayed that the provisions of the act be applied to him. ..... the learned judge has then observed that in view of the provisions of the encumbered estates act it was likely 'that substantial reductions would be made in the amount of the claim put forward by the creditors,' and that it could not, therefore, 'be said at this stage that the property which is still left with ..... the learned judge below has, as already stated, decided in favour of the respondent on the ground that the debt due to the appellants was likely to be sustantially reduced under the provisions of the encumbered estates act. ..... the learned special judge repelled the contention of the creditors and decided in favour of the landlord. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1927All1
..... the main point of contention was that the plaintiff's mortgage was not a valid mortgage under section 59 of the transfer of property act inasmuch as both the attesting witnesses to it did not see the executant sign his name on the ..... all respect i regard the considerations set out in the referring order as beside the question, having regard to the plain language and simple direction contained in the act now under consideration.35 ..... is of course a proposition beyond dispute, but it again appears to me to assume the answer to the very question which we have to decide. ..... was suggested during the course of the argument that we are as much bound by a declaration of the legislature affecting past transactions as we are bound by a judgment in regard to such transactions of their lordships of the privy council. ..... it was intended to limit it was necessary to do it by express language having regard to the generality of the language which i have quoted.34. ..... their lordships had in a previous case held that the power generally possessed by the crown to dismiss a civil officer in new south wales at pleasure was restricted by the provisions of the civil service act, 1884, and that the government had no power to dismiss a civil servant except on the grounds, and after the enquiry, which that statute ..... regarding the act as a whole the single feature which suggests that the act is retrospective and the only fact which has given rise to doubt is to be found in the existence in the preamble of the words 'to .....
Tag this Judgment!Court : Chennai
Reported in : AIR1994Mad140
..... the value the court is required to attach to the account hooks submitted by the first defendant/ appellant is involved in the instant proceeding, it will be proper if we refer to the provisions in section 34 of evidence act, which says,'entries in books of account, regularly kept in the course of business, are relvant whenever they refer to a matter into which court has to inquire, but such statement shall not ..... behalf of the appellants are that a serious mistake of law has been committed by the trial court in treating all the entries in the account books submitted by the first defendant/appellant/disputed for the reason of objections to one or two entries only and in the proceedings after remand, no care has been bestowed to the directions of the court in appeal in which ..... consider the truth or otherwise of the disputed entries in the account books, but in doing so, would have regard to the other evidence which will ..... section 12 of the act say,'subject to contract between partners :-- (a) every partner has a right to take part in the conduct of the business; (b) every partner is bound to attend diligently to his duties in the conduct of the business; (c) any difference arising as to ordinary matters connected with the business may be decided by a majority of the partners and every partner shall have the right to express his opinion before the matter is ..... of this court considered a case in which a claim of the power of attorney based on accounts was impeached as false and fraudulent .....
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