Court : Kolkata
Reported in : 123Ind.Cas.433
..... .george claus rankin, c.j.10. on the 19th september 1928, lort-williams, j., exercising the jurisdiction of the high court under the presidency towns insolvency act (iii of 1909 as amended by act ix of 1926) and being of opinion that there were grounds for thinking that certain insolvents had committed offences under section 103 of the said ..... in the presidency towns, original criminal jurisdiction of the high court over an individual accused was based upon the presentment of the grand jury. act xviii of 1862 contained elaborate provisions for the amendment of indictments and provided that every verdict and judgment should be of the same force and effect in all respects as if the indictment ..... in queen-empress v. kayemullah mandal 24 c. 429 : 1 c.w.n. 414 the commitment was made by a magistrate on a charge under section 147, indian penal code. the case was heard by a division bench of this court, and it was held that the commitment was not necessarily illegal inasmuch as the offence under .....
Tag this Judgment!Court : Kolkata
Reported in : (1925)ILR52Cal463
..... in my view by certain other considerations as well. in the first place the general tendency of the amending acts of 1923 has been to enlarge rather than to curtail the right of appeal in favour of accused persons. by that act several orders which were not formerly appealable have been made so; right to appeal to a higher ..... of acquittal, appeal from a conviction and an appeal from any other order. in section 425 the expression 'finding sentence or order appealed against' occurs. under the indian limitation act, for the purpose of a criminal appeal, time runs from the date of the sentence or order appealed against,---indicating that orders of acquittal are orders and not ..... superior courts in this country, and the legislature must be presumed to have been aware of their existence when they proceeded to amend the code. if with the knowledge of those decisions they only amended chapter xxxi in this respect not by making any reference to section 562 at all, but on the other hand by introducing .....
Tag this Judgment!Court : Kolkata
Reported in : 85Ind.Cas.135
..... in my view by certain other considerations as well. in the first place the general tendency of the amending act of 1923 has been to enlarge rather than to curtail the right of appeal in favour of accused persons. by that act several orders which were not formerly appealable have been made so; right to appeal to a higher ..... of acquittal, appeal from a conviction and an appeal from any other order. in section 425 the expression 'finding, sentence or order appealed against' occurs. under the indian limitation act for the purpose of a criminal appeal time runs, from date of the sentence or order appealed against, indicating that orders of acquittal are orders and not judgments: ..... of superior courts in this country and the legislature must be presumed to have been aware of their existence when they proceeded to amend the code. if with the knowledge of these decisions they only amended ch. xxxi in this respect not by making any reference to section 562 at all, but on the other hand by introducing .....
Tag this Judgment!Court : Mumbai
Reported in : (1935)37BOMLR955
..... had not led to judicial proceedings. where, as in this case, there has been not only a suit but a decree before the date of the amending act the learned counsel asks us to hold that it cannot be presumed to be the intention of the legislature to interfere with the rights of the parties. ..... was not a ' company ' within the meaning of the land acquisition act. a 'company' is denned in section 3 (e) of that act-the expression company means a company registered under the indian companies act, 1882, ... and includes a society registered under the societies registration act, 1860, and a registered society within the meaning of the co-operative ..... societies act, 1912.the learned subordinate judge has, as i have said, .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1944Bom8; (1943)45BOMLR914
..... any profitable purpose; they must allow the public the free and unrestricted use of it.8. it was urged that while an amendment was made in section 143(1)(b) by bombay act x of 1928, no amendment was made in section 144. i fail to appreciate the force of this argument. i am unable to accept the contention that ..... solely for public purposes and not used or intended to be used for purposes of profit.' it appears that those words were inserted by bombay act x of 1928, because when the great indian peninsular railway company was acquired by the government it was claimed that the lands and buildings of the railway company became vested in his majesty ..... and therefore were exempt from payment of the general tax under the municipal act, to defeat that contention the words quoted above were included in that .....
Tag this Judgment!Court : Allahabad
Reported in : 1949CriLJ852
..... for a year, shifted to meerut. he was selected for the provincial judicial service and appointed munsif in the agra province in 1923. in 1926 the indian bar council act (act xxxvill [38] of 1926) which raised the status of vakils to that of advocates came into existence. he took advantage, as he was indeed entitled ..... the door is not irrevocably shut behind them, and that after years of industry, straightforwardness of life, and conduct which shows repentance and the determination to amend, they may ultimately find their way back to the honourable profession which they once disgraced. that lenity of outlook results from the consideration that it ig ..... the docr is not irrevocably shut behind them, and that after years of industry, straightforwardness of life, and conduct which shows repentance and the determination to amend, they may ultimately find their way back to the honourable profession which they once disgraced. that lenity of outlook results from tha consideration that it is .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1943All345
..... and extinguishment of rights. as we have already seen, clause (2) has no application to the tenancy act and it is unnecessary to discuss it any further. clause (3) of the section provides:no bill or amendment making provision for the transference to public ownership of any land or for the extinguishment or modification of rights ..... should be 'authority of law.' the restrictions which it was intended to impose upon the legislative powers of the indian chambers are to be found in chaps. 2 and 3 of part 5 of the act and these chapters contain no such restriction as is contended for by learned counsel for the plaintiff. the only other ..... legislative power of parliament and we have merely to consider in construing the government of india act whether parliament in delegating its powers to the indian legislature has imposed any restrictions. there are no restrictions in the government of india act which could prevent the provincial legislature from enacting the provisions of law with which we are .....
Tag this Judgment!Court : Allahabad
Reported in : 1949CriLJ701
..... defence of india rules, in respect of an alleged 'contravention' of clause 11, cotton cloth and yarn (control) order, 1943. rule 81 (4), defence of india rules, as amended, reads thus:if any person 'contravenes' any order made under this rule, be shall be punishable with imprisonment for a term which may extend to three years or with fine ..... . ..' rule 48 deals with improper use of official uniforms etc. rule 48 (1) reads:no person shall without lawful authority use or wear (a) any official uniform, indian, british or foreign or.it would appear from a consideration of the provisions of these rules, that a distinction is drawn by the rule-making authority between different kinds of ..... 1182), a bench of two learned judges of the bombay high court had to consider the mean-ing of the expression 'lawful excuse' in section 61 (a), bombay district police act (bombay act iv [4] of 1890). pawcett j. observed at p. 531:in my opinion the word 'lawful' as used with the word 'excuse', in clause (a) of .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1934All559; 150Ind.Cas.197
..... was made for the assessee, to act no. 18 of 1933 amending the indian income-tax act which was published in the u.p. gazette of october 7, 1933, at p. 154. by section 28 of the amending act an amendment is made in section 66 of the income-tax act. it was claimed that by that amendment if there was a revision under section ..... exchequer, which had this special jurisdiction. but there is no such jurisdiction granted to the high courts in india by their letters patent. nor by any act, as in general these acts dealing with land revenue etc. provide that such taxation shall be excluded from the jurisdiction of the high courts, and there are special revenue courts in ..... rejected. the assessee then filed an appeal before the assistant commissioner of income-tax both against the order rejecting the application under section 27, of the income-tax act, and against the best judgment assessment under section 23(4) and he claimed that it should be treated as an assessment under section 23(3). on the 1st .....
Tag this Judgment!Court : Allahabad
Reported in : 5Ind.Cas.503
..... the clause is framed in such general terms as to exclude every executor, who has obtained a grant of probate under the 179th and the following sections of the indian succession act of 1865, it must nevertheless be held to exclude the executor of hindu will, because it appears aliunde that the legislature so intended it. it is conceivable that ..... fail to express themselves in the statute so as to carry out the intention they had in passing the statute and that subsequent legislation is necessary in order, by an amendment of the original statute, to express in statute language the meaning of the legislature,' pp. 149-50.21. in the administrator-general of bengal v. prem lal ..... country in which the statute law and its judicial interpretation have reached an appreciable stage of evolution. some of them have already been adopted by the privy council and the indian high courts.17. in mohesh chandar v. madhub chunder 13 w.r. 85, the learned judges remark: 'it is not for us, i think, nor for the .....
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