Judgment Search Results Home > Cases Phrase: hackney carriage act 1879 section 9 power of magistrate to decide disputes regarding fares Page 3 of about 260 results (0.093 seconds)

irfan Ali and ors. Vs. Bhagwant Kishore and ors.

Court : Allahabad

Reported in : AIR1929All180

..... or whether such wakf is valid as maintained by majority of the mahomedan jurists and text writers; (e) whether ultimate benefit to the poor which ensures perpetuity should be expressly mentioned as held in some cases decided by some indian high courts on the authority of abu hanifa and mahomed or whether the use of an appropriate expression such as 'wakf,' the literal, technical and customary meaning of which implied dedication for ..... , that is absolute, according to the various opinion of the three great lawyers according to aboo haneefa in consequence of the appropriator's declaration and a magistrate's subsequent decree according to aboo yoosuf by his simple declaration and according to muhammad by his declaration and delivery to a procurator.56. ..... subordinate judge, under the circumstances came to the conclusion that the instrument in question did not fulfil the requirements of act 6 of 1913 and consciously or unconsciously, he was influenced by some of the considerations which powerfully weighed with lord hobhouse in the case of abdul fata v. ..... benefit to the poor or to some charitable or religious purpose has been shown above, having regard to its literal and customary meaning as generally accepted. ..... accordingly, the definition of the 'wakf' given in section 2 of the act makes it clear that wakf property is 'dedicated property' and discards the conception of abu hanifa that the wakf ..... these decree-holders caused the property in dispute to be attached by the official liquidator .....

Jai Chand Vs. State

Court : Delhi

Reported in : ILR1974Delhi494

..... challan itself is filed for murder as well as under the arms act; even if this is not possible and a separate challan under the arms act has to be filed later on account of any delay in obtaining the requisite sanction of the district magistrate the committing magistrate himself clubs both the challans and makes a single committal order; the sessions judge frames a charge under the arms act also along with the charge/charges pertaining to murder. ..... 419 (1) that an acquittal of an accused in a trial under section 19(f) of the arms act (corresponding to the present section 27) was tantamount to a finding that the prosecution had failed to establish the possession of certain revolver by the accused as alleged and this could not be proved against the accused in a subsequent proceeding between the state ..... (9) we have referred to the two, out of several cases decided by the supreme court arising from the punjab by way of illustration of the complications that may arise (and have actually arisen) by a separatetrial under the arms act in such circumstances, they are completely obviated by having a joint and single trial in respect of the ..... the supreme court rejected the argument that the same evidence which was not accepted for convicting the accused for the offence under the indian registration act could not be accepted to convict the accused for the offence under the indian penal code, because 'an item of evidence may corroborate more offences than one; but acquittal of accused for one .....

Tarseen Chand Vs. State

Court : Delhi

Reported in : I(1985)ACC319; 1985(1)Crimes948; 27(1985)DLT319; 1985(8)DRJ216

..... on the other hand, is the gross and culpable neglect or failure to exercise that reasonable and proper care and precaution to guard against injury either to the public generally or to an individual in particular, which, having regard to all the circumstances out of which the charge has arisen, it was the imperative duty of the accused person to have adopted. ..... laid great stress on the observations of the supreme court that to foster liability under section 304-a indian penal code on the petitioner it must be shown that the death of the deceased occurred as a direct result of rash or negligent act of the accused and that the act must be the proximate and efficient cause without the intervention of another's negligence. ..... ratio of both these cases is as follows : 'to impose criminal liability under section 304-a, indian penal code, it is necessary that the death should have been the direct result of a rash and negligent act of the accused, and that act must be the proximate and efficient cause without the intervention of another's negligence. ..... dateer, metropolitan magistrate, delhi, and the grievance of the petitioner is that on the facts of the case the learned magistrate has patently erred in issuing the notice as on the bare reading of the facts of the case it cannot be said that any rash or negligent act of the petitioner was responsible for the death of the deceased; and that there is no direct nexus between the death of the deceased and the rash or negligent act attributed to .....

Nirmal Chandra Sanyal and anr. Vs. Municipal Commissioners

Court : Kolkata

Reported in : AIR1936Cal707

..... having regard to the provisions of section 60, hackney carriage act of 1919 (1 of 1919), which corresponds to section 45, act 2 of 1891, however, i hold that the authority to appoint stands for hackney carriages is absolute ..... 'in the exercise of the powers conferred by section 2, clause (a), calcutta hackney carriage act 1 of 1919, the governor in council is to be pleased to extend the provisions of act 2 of 1891 to the pabna municipality in the district of pabna ..... i do not consider that section 3, clause (2), hackney carriage act of 1919, which preserves intact 'the validity of anything done or suffered or any right, title, obligation or liability which may have accrued under' the hackney carriage act of 1891, protects the commissioners from this action, if their act done in july 1933 amounted to ..... this depends upon the question whether the calcutta hackney carriage act either of 1891 or 1919 was in force at pabna in july ..... liability sought to be enforced in the suit is a liability which arose in july 1933 when the hackney carriage act of 1891 was no longer in force.9. ..... notification extended to the town of pabna the act then in force, namely the hackney carriage act of 1891. ..... the said notification is in the following terms:in exercise of the power conferred by section (1), clause (3), calcutta hackney carriage act 2 of 1891, the governor in council is pleased to extend the provisions of the said act to the pabna municipality in the district of pabna.2. ..... (1893) 2 ch 588 was decided. .....

East India Commercial Co. Ltd.,calcutta and anr. Vs. the Collector of ...

Court : Supreme Court of India

Reported in : AIR1962SC1893; 1983(13)ELT1342(SC); [1963]3SCR338

..... section 21 ofthe hackney carriages act, 1853, provided that the acts of 1850 and 1853 wereto be considered as one act. ..... 19 of the london hackney carriages act, 1823must be read thus : 'for every offence against the regulations promulgatedunder these two act, which are to be read as one, a penalty not exceeding fortyshillings may be imposed.'' ..... 19 of thelondon hackney carriages act, 1853, which provided that 'for every offenceagainst the provisions of this act for which no special penalty is hereinbeforeappointed the offender shall be liable to a penalty not exceeding ..... likewisethe fact that a magistrate has decided that the licensing authority had notbeen deceived by the appellants in the matter of the issue of the licencewhich, if binding on the collector, would only show that the licence had notbeen fraudulently procured and ..... a perusal of this notice showsthat it is intended to give information to the public as regards the procedureto be followed in the matter of filing of applications by different categoriesof applicants ..... . for instance, ondecember 7, 1955, the central government in exercise of the power conferred bysections 3 and 4-a of the act made an order and under clause 12 thereof the orderscontained in schedule iv were repealed; schedule iv only mentioned five notificationsissued under ..... . it is not disputed that the goods imported in the present case werespecified in the ..... the dispute which culminated in this appeal has had a tortuous careerand had its origin in they year .....

Gotham Construction Co. Vs. Amulya Krishna Ghose and ors.

Court : Kolkata

Reported in : AIR1968Cal91,72CWN717

..... town : air1936cal707 where the defendant municipality all but succeeded, because of statutory indemnity, in spite of its hackney carriage stand having been a veritable nuisance; it went down, only because of the calcutta hackney carriage act 1 of 1919 having not been in force at pabna and thus no consequential statutory indemnity having been there ..... what was extended to the pabna municipality was the hackney carriage act 2 of 1891 which, however, was repealed by the 1919 act and could not, therefore, have been in force in 1919 and much more in july 1933 when the ..... section 537 is the section prescribing penalties section 583 enables the corporation, or any person who resides, or owns property, in calcutta, to complain to a magistrate of the existence ..... , the material upon which the courts of facts come to the finding of fact on the existence of a nuisance by noise, is sufficient to decide that it is a private nuisance by all means affecting the three suing individuals at the date of the suit. ..... grant an injunction to a co-owner up against a co-owner permanently altering tha character and condition of the common land by raising a building can be regarded as good law today does not fall to be considered here. ..... but this passage holds good in the case of nuisance by incorporated companies having compulsory powers to take lands and construct works, as the beginning of the paragraph (wherefrom it is quoted ..... to the civil court they come with their dispute of a civil nature, as they must and .....

Sardar Iqbal Singh and ors. Vs. the Municipal Board, Lucknow

Court : Allahabad

Reported in : AIR1959All186

..... section 71 of the calcutta hackney carriage act, 1919, the provincial government was empowered to make bye-laws for carrying out the provisions and intentions of the act ..... board by the district board riskshaw owners association as a consequence of which the question of the licensing of rickshaws by the municipal board was again reconsidered and it was decided in january, 1957, inter alia, that with effect from 1st april, of that year not more than five licences should be issued to the same person, and that ..... purpose of promoting or maintaining the 'health, safety and convenience of the inhabitants of the municipality and for the furtherance of municipal administration' under that act: and in particular the board is given power under clause (b) of part h of list i appended to that section to regulate or prohibit traffic of any description in the streets, where such regulation or prohibition appears to the board to be necessary.some degree of ..... magistrate, air 1954 all 144, the granting of a licence cannot be appropriately regarded ..... difficulties first arose at the end of 1950 when the state government introduced a state bus service in lucknow.the fares charged on the routes served by these buses were considerably lower than those charged by alternative forms of conveyance; as ..... the petitioners have a right to carry on their business, but it is not in dispute that a system of licensing that has for its object the regulation of that business is legitimate, and the conditions imposed ..... 1879 .....

Smt. Khairun Nisa and Others Vs. Iind Additional District Judge, Allah ...

Court : Allahabad

Reported in : AIR1997All355

..... part of the municipal market had the vegetable market and the other a hackney carriage stand. ..... they also contended that the proceedings, arc bad as the matter was one of a dispute between a landlord and a tenant and the act under which action was being taken against them as an unauthorised occupant was not applicable ..... challenged the notice without permission of the district magistrate, instead of acknowledging the status of their occupation ..... the court has also read the corresponding judgments in appeals decided by second additional district judge, allahabad, dated 24th january 1978, in civil appeal ..... the nagar mahapalika filed cases before the prescribed authority (the city magistrate, allahabad) under the act. ..... the vegetable market and hackney stand has given way to a new shopping ..... public premises eviction of (unauthorised occupants) act, 1972), public premises includes nazul land or any premises entrusted to the management of a local authority, and that the nagar mahapalika is a local ..... of landlord and tenant was not in dispute. ..... facts given by both the petitioners and the respondents are not disputed. ..... public premises eviction of unauthorised occupants act, 1972 and, thereafter, the order in appeal of the first and second additional district judge, allahabad, challenging the orderof the estate officer holding the petitioners as unauthorised occupants and, in effect, their eviction ..... the appellate court held that the proceedings toevict the appellants under the act were rightly maintained. .....

Ravjibhai Chhotubhai Waghela Vs. Prashant Kisan Shinde and Another

Court : Mumbai

..... to exist in the present case, the relation between the proprietor and driver was that of bailor and bailee, but that quoad third parties the drivers were, under the provisions of the metropolitan hackney carriage act, 1843 (admittedly applicable to taxicabs), deemed to be the servants of the proprietors." 18. a perusal of the record clearly indicates that the appellant himself had made a statement that he used to take the ..... upon by the learned counsel for the appellant is concerned, a perusal of the said judgment clearly indicates that there was no dispute that the deceased was actually employed by the lessee and was driving the truck ..... appearing for the appellant placed reliance on the definition of 'employee' under section 2(1)(dd)(c) of the employees' compensation act, 1923 and submitted that an employee would include the person recruited as driver ..... review application clearly indicates that both the orders are well reasoned orders passed by the learned commissioner for workmen's compensation and judge after considering the evidence and definition of employee under section 2(1)(dd)(c) of the employees' compensation act, 1923 and has rendered the correct interpretation thereof. 25 ..... the calcutta high court adverted to the case decided by the court of appeal in england in the case ..... be a workman under clauses (1) of the second schedule of the act which expressly refers to a person employed in connection with the operation of a vehicle propelled by a mechanical power or by electricity. .....

Nasir HusaIn Vs. State of U.P. and ors.

Court : Allahabad

Reported in : AIR1957All366

..... further sought to be supported by relying upon certain acts such as hackney carriages act and other minor acts which are in force in a municipality and it was contended that the power under section 38 to extend only applies to such acts, as i have already said there is nothing in the language of section 38 restricting the power of the state government to such acts as have been mentioned by the petitioner. ..... this is a petition under article 226 of the constitution praying that a writ of mandamus be issued to the opposite parties who are the state of uttar pradesh, the district magistrate of faizabad and the members of the town area committee bhadarsa, district faizabad, not to interfere in any manner with the applicant's function as chairman of the town area committee bhadarsa, district faizabad, on ..... regarding the first contention raised by the petitioner, it is enough to point out that there are no words in section 38 which limit the power of the state government to extend only those enactments which are in force in a municipality and not in force in a town area ..... as regards the validity of section 38 it is enough to refer to the following observations in this case:''in our opinion, the majority view was that an executive authority can be authorised to modify either existing or future laws but not ..... a section of an act is selected for application, whether it is modified or not, it must be done so as not to effect any change of policy, or any essential change in the act regarded as .....