Judgment Search Results Home > Cases Phrase: hackney carriage act 1879 section 9 power of magistrate to decide disputes regarding fares Page 10 of about 260 results (0.085 seconds)

The Maharaja of Vizianagaram by His Guardian and Next Friend, F.W. Gil ...

Court : Chennai

Reported in : (1903)13MLJ83

..... estate under incumbrance, may redeem the whole estate when necessary to redeem his own share or to relieve his own title from incumbrance even against the pleasure of a co-tenant or other owner, and may be regarded as the assignee of the incumbrance upon the other shares or interests, and may obtain possession of them to secure a reimbursement of the amount equitably chargeable to them.a sale made for the payment of taxes ..... to its forming the first charge on the land, the several co-sharers of the estate are also jointly and severally under a personal obligation to government to pay the revenue and having regard to the various decisions of the courts in the very class of cases and analogous cases, all of which fall under sections 69 and 70 of the indian contract act, no such contention can now successfully raised. ..... lordships are of opinion that this is not the form in which the question comes before them, and that what they have to decide is not whether such a charge originally existed, or whether it does now subsist, but whether the appellants can enforce such a ..... a local act which, in imposing wharfage dues for the maintenance of a harbour on certain articles, expressly exempted the crown from liability in respect of coals imported for the use of royal packets ; and the provisions in turnpike acts which exempted from toll carriages and horses attending the queen, as going or returning from such attendance were not suffered to affect the more extensive exemptions which the .....

Naresh Chandra Das and anr. Vs. Emperor

Court : Kolkata

Reported in : AIR1942Cal593

..... being of opinion that the statement made by sundar singh to the police was evidence against him under sections 27 and 24, evidence act, the learned magistrate found the charge under section 9 (a), opium act, as established against the accused and consequently convicted him of the offence. ..... the exact statement is that was made by the accused and that unless and until the exact statement made by the accused is established nothing can be proved against him under section 27, evidence act; (3) (a) that the statement in question did not come within section 27, evidence act, at all inasmuch as the discovery of the opium took place not 'by' and 'in consequence' of any portion of the information conveyed by the alleged statement but by the ..... for the reasons given above, we are of opinion that section 27 of the act, is also not 'special law' in relation to the rules regarding statements made in course of a particular class of investigation conducted under the ..... now beyond dispute that without any saving provisions anywhere section 27, evidence act, is in partial conflict with section 162, criminal ..... cover some of the cases coming within section 27, evidence act: (2) the judicial committee completely left the question open as to how far the two sections mutually operate on each other: their lordships did not decide that section 162, criminal p.c. ..... officer is otherwise authorized to investigate a non-cognizable case that power of investigation will not by itself attract the provisions of this .....

D.K.C. Vs. K.C. and Others

Court : Delhi

..... in the argument of miss seita vaidyalingam, counsel for the respondent we are of the opinion that the point is not free from difficulty and in the view that we have decided to take on the first point raised by counsel for the appellant, the second point does not fall for determination. ..... it is always permissible for either of the parents to apply for modification of the court order regarding the custody of a child at any stage if there is any change in circumstances and/or if it is shown that the previous arrangement was not conducive to the child's welfare or ..... decided cases of this court clearly leads to the conclusion that wilful breach of an undertaking given to the court amounts to contempt of court under section 2(b) of the act ..... ingenuity and persuasiveness submitted that even if the order of the high court was void, it was not open to the appellant as a litigant to assume the role of a judge and unilaterally decide that the order of the high court being non est he was not bound to obey the same. ..... 132g, the expression undertaking has been dealt with in the following manner: [i]f a party, or solicitors or counsel on his behalf, so act as to convey to the court the firm conviction that an undertaking is being given, that party will be bound and it will be no answer that he did not think that he was giving it or ..... court, a contempt court should normally not act as an appellate court of the family court, especially when power of modification, review or variation is available ..... disputes .....

Vatchhalabai Maruti Kshirsagar Vs. the State of Maharashtra

Court : Mumbai

Reported in : 1993CriLJ702; 1993(1)MhLj971

..... up one with the other though there may be strong grounds to suggest this and the court is, therefore, required to ascertain with a degree of certainty through a meticulous scrutiny of the medical evidence and to decide as to whether the act of the accused can be categorised as being directly responsible for the death that has occurred. ..... , if what is done for purposes of inducing a miscarriage causes the death of a woman, it would be no defence to argue that the character of the act was not of such a nature as would cause death or that it can be demonstrated that there never was any intention to cause death. 11. ..... this fact assumes dual significance because i am in agreement with the submissions canvassed by shri mohite that if, as a result of any act on the part of the accused at an earlier point of time, any serious internal injuries had been caused to prabhavati, that she would have bled profusely and she would have also been in ..... it is, however, necessary to qualify that the criminal liability envisaged by the section will not extend to a case where the death was caused by totally extraneous factors or ones which were not directly connected with the operation relating ..... having regard to the state of the record in this case, to my mind, the submissions advanced by shri mohite are liable to be ..... there is little dispute about this aspect of the case because prabhavati as also her sister very clearly indicate that it was pursuant to whatever treatment this witness administered that .....

Jawahar Lal Vs. Mathura Prasad and anr.

Court : Allahabad

Reported in : AIR1934All661

..... intended to lay down any general principle of law that no matter what the language employed in the document and no matter what the nature of the suit and the article of the limitation act, applicable, an option to the creditor would always arrest the running of limitation, and he can always claim a start for purposes of limitation from the date fixed for payment even though ..... 463 (of 48 all) that the full bench had held that:under a default clause a single default on the part of the mortgagors, without any act of election, cancellation or other form of response or acceptance on the part of the mortgagees, and even it would appear against their desire operates eo instanti to make the money secured ..... now we have no reason to hold that the limitation act regards with disfavour an additional stipulation like this and lays down that where an additional stipulation like that of the 'penalty clause' is made, the period of limitation granted ..... 123 the bond contained a provision that in default of payment of any one instalment it will be within the power of the creditor (mahajan mazkur ko ikhtiyar hoga) to sue for the whole amount due under the bond without ..... it must be left to the plaintiff to decide whether he would enforce one or the other ..... this is a revision under section 25 of the small cause courts act and arises under the following circumstances : the plaintiff who is the applicant before us brought the suit out of which this revision has arisen for recovery of a certain sum ..... 1879 ..... 1879 .....

Srinathji and ors. Vs. Musammat Panna Kunwar

Court : Allahabad

Reported in : 155Ind.Cas.390

..... ), which related to the right of succession of the eldest son under the burmese buddhist law to be asserted not within a certain limited period of time but within the period of limitation did not really decide the point as to whether article 123, limitation ct, applied to a case of a muhammadan suing to recover his share, from a person in possession or management of the property and preferred to follow the earlier privy council decision ..... limitation that it was barred by the rule of res judicata and was not maintainable and that the plaintiff was not entitled to recover interest; all these pleas have been decided against the defendants and it has been held by the learned subordinate judge that the claim is within limitation and that the plaintiff is entitled to recover the amount for which she sued ..... pandit baldeo narain singh a dispute arose between the plaintiff on the one side and keshab deo on the other as regards the estate left by the ..... ] in the same ruling remarked as follows:whatever doubts there may be as regards cases of intestacy, i do not see any reason for holding that a suit for a legacy or for a share of a residue bequeathed by a testator can fall under article 123 only if it is against an executor and not if it is ..... this contention cannot be accepted, and the statement referred tc above would not, in our opinion, attract the consequences of section 19, limitation act. ..... cross appeal no 276 of 1925 decided on january 3, 1928 by patkar ..... 108 of 1916, decided on february 25, .....

Col Gajraj Singh (Retd.) Vs. Union of India and ors.

Court : Delhi

Reported in : 2000IVAD(Delhi)665; 2000(54)DRJ765

..... fact in para-4 there is a reference to section 123(1) of the army act and, thereforee, paras 3 to 5 deal with the contention regarding section 123 of the army act and not section 122 of the army act ..... such person shall be tried for an offence, unless his trial commences within three years after he had ceased to be subject to this act: provided that nothing contained in this sub-section shall apply to the trial of any such person for an offence of desertion or fraudulent enrolment or for any of the offences mentioned in section 37 or shall affect the jurisdiction of a criminal court to try any offence triable by such court as well as by a court-martial ..... dhingra's case (supra) that in purported exercise of administrative power under rule 14, in respect of allegations of misconduct triable by court martial, the authorities cannot override the statutory bar of the sub-section(1) of section 122 of the act for no administrative act or fiat can discard, destroy or annul a statutory provision'.to the same effect is the judgment of this court in the case of ..... the dates and events mentioned above are substantially undisputed (only dispute is as to whether petitioner avoided to receive the memos or his arrest or its department which held the ..... in the circumstances, respondents approached district magistrate, bhivani (haryana) to arrange delivery of the invokement order to the petitioner which was earlier returned ..... the facts of this case, i am forced to decide this aspect against the respondents. .....

M. Shaikh Dawood Vs. Collector of Central Excise, Madras

Court : Chennai

Reported in : AIR1961Mad1; 1961CriLJ96; (1960)IIMLJ230

..... for this offence the petitioner was prosecuted before the sub divisional magistrate; nagapattinam who, accepting this plea of guilty, convicted him under section 5 read with section 3(2) of the import and export (control) act, 1947 and import (control) order, 1955, and sentenced him to undergo ..... in order properly to produce the meaning which the learned counsel for the petitioner invited us to put on the words appearing in column 3 against item 8 in section 167 of the sea customs act, it is necessary that the words should run as follows:"any person concerned in any such offence shall be liable to a penalty not exceeding three times the value of the goods, or not exceeding ..... order confiscating the goods.he filed a petition in the high court of bombay under article 228 of the constitution praying that the case be withdrawn from the file of the chief presidency magistrate to the high court and that the high court might either dispose of the case itself or determine the question of law which he had raised. ..... between the parties to it, but it is the abstract ratio decide (sic) which alone has the force of law as regards the world at large. ..... observed,"even though the customs officers are invested with the power of adjudging confiscation, increased rates of duty or penalty the highest penalty which ..... "it was argued that the english statute expressly conferred the power to choose on the commissioners and that no corresponding words are to be ..... the customs authorities' power to confiscate the .....

Rup Lall Das and anr. Vs. NobIn Chunder Roy

Court : Kolkata

Reported in : (1883)ILR9Cal377

..... an argument has been raised upon section 54 of the sale act, but we do not see that that has any application to the case now before us. ..... this is a case somewhat complicated by details, but the point which has to be decided is a very simple one when eliminated from these details. ..... been admitted before us, that the plaintiffs and defendants 1, 2, 3, 4, 6, and 7 were joint proprietors of a seven-anna share in a talook, and for this seven-anna share a separate account had been opened, under the provisions of act xi of 1859, in the collectorate. .....

Hasan Ali Khan S/O. GhousudIn Ali Khan Vs. Union of India

Court : Mumbai

..... projecting them as "untainted property", which is the essence of the offence punishable under section 4 of the pml act, would involve offering of some explanation with respect to the acquisition of the said property and showing it to be having ..... attached to the statements of the applicant, recorded under section 50(3) of the pml act, in the trial for the offence punishable under section 4 of the pml act, would need consideration during the trial. ..... uncovering the activities, which generated such large volume of money, reference is made to the offences under the passports act to sustain the accusation of money-laundering, without referring to the scheduled offences, which have or could have generated ..... are accepted, they can lead to the proposition that the opening of an account in a foreign bank was a 'result' of the criminal activity relating to the offence under the passports act, but cannot be carried further to claim that opening of the bank account resulted in deriving or obtaining the property or money in question. ..... legal proceedings instituted by or against him, including the period necessary for the journey to be undertaken to such places, provided the applicant gives previous intimation, in writing, to the directorate of enforcement in that regard, specifying the period during which such exemption would be needed. 37. mr. ..... scheduled offence under part "a" of the schedule being involved, the discretionary powers of the court in the matter of bail are not curtailed in any .....