Court : Kolkata
Reported in : (1895)ILR22Cal131
..... in it, to the penalties for perjury, that is to say, renders him liable to rigorous imprisonment for three years. it needs a very slight acquaintance with the indian evidence act, and with the principles of law which are embodied in it, to satisfy any one that the statement made by the accused for the purpose of taking out these ..... penal code, which have been mentioned in the charge which has been framed against him. mr. phillips is in error in supposing that section 182 has been recently amended. that section is in the same form at this moment as it was when it was originally enacted, but for the purposes of this case we will assume that ..... magistrate had power to institute. the case may remain on his file. section 182 and sections 417-511, penal code, should also be considered. section 182 has recently been amended by the legislature. as the prosecution is of some public importance, i think prosecution should be represented by a pleader. babu gunga chum mukherji is instructed to appear. i .....
Tag this Judgment!Court : Kolkata
Reported in : (1925)ILR52Cal1009
..... filing a complaint against the petitioner chandra kumar sen. that application was disposed of on the 1st of october 1923. by that time the amendment of the criminal procedure code, created by the act of 1923, had come into force, and the learned subordinate judge declined to make a complaint under section 476 of the code of criminal ..... whereby the learned judge directed that criminal proceedings should be instituted against chandra kumar sen and bijoy singh hazari for offences under sections 209 and 466 of the indian penal code, and for abetment of these offences.3. this rule deals with the case of chandra kumar sen only. i think it is necessary to mention ..... in my judgment, should have considered whether the appeal was filed within the time specified.12. the article in the limitation act which applies to this matter is article 154, and the material section of the act is section 3, which provides that 'subject to' the provisions contained in sections 4 to 25 (inclusive), every suit instituted .....
Tag this Judgment!Court : Kolkata
Reported in : 90Ind.Cas.529
..... filing a complaint against the petitioner5. chandra kumar sen. that application was disposed of on the 1st of october 1923. by that time the amendment of the cr. p.c. created by the act of 1923 had come into force and the learned subordinate judge declined to make a complaint under section 476 of the cr. p.c. as ..... , whereby the learned judge directed that criminal proceedings should be instituted against chandra kumar sen and bijoy singh hazari, for offences under sections 209 and 466 of the indian penal code and for abetment of these offences.3. this rule deals with the case of chandra kumar sen only.4. i think it is necessary to mention ..... judge, in my judgment, should have considered whether the appeal was filed within the time specified.17. the article in the limitation act which applies to this matter is article 154, and the material section of the' act is section 3 which provides that 'subject to the provision contained in sections 4 to 25 (inclusive), every suit instituted, appeal .....
Tag this Judgment!Court : Mumbai
Reported in : (1885)ILR9Bom333
..... as a matter of necessity, to the high court at bombay.15. we direct that an order under section 526 of the code of criminal procedure as amended by section 11 of act iii of 1884 should go down, directing the cantonment magistrate to commit the case to this court on the 9th of this month, when the parties will ..... section. 8 by the light of this preamble, it is, clear that all questions of jurisdiction concerning british subjects in native states must be settled by reference to the indian code of procedure. this section removes all remaining doubt, if any remains, on the question we have to decide; and i am of opinion that, although the notification of ..... the governor-general was to be the law/or the time being in british india.4. by the passing of act iii of 1884, certain amendments, in respect of european british subjects, were introduced into the code of criminal procedure act x of 1882; and, apparently, with the view of giving the cantonment magistrate the greater powers which were by .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1946Bom346; (1946)48BOMLR104
..... , do not think that the legislature in using the words 'servant of the society' intended to include past servant in the connotation of that expression. in 1943 by an amending act it was provided that the words ' past or present' should be inserted, between the words 'servant of the society' and 'or between the society.' it seems to us ..... that the object of this amendment was to fill up a lacuna which existed in the original section.8. that being our view, it cannot be said that at the date of the suit there was ..... railway employees co-operative bank sued one bhikaji, an employee of the hank, under section 33 of the indian arbitration act, 1940.. prior to the filing of the suit there had been proceedings under; section 54 of the bombay co-operative societies act, bhikaji himself having applied to have his dispute referred to arbitration. in the course of the argument it .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1953All296
..... that har bux singh and basudeo gir were agriculturists and that the appellant is an agriculturist. it is stated in section 5 of the act that:'in computing the period of limitation prescribed by the indian limitation act, 1908 .... for (a) the institution of a suit in a civil court against an agriculturist for money or for foreclosure or sale ..... so the appellant became entitled to the right of subrogation if at all on 29-2-1932 by which date the amended section had already come into force. in any case, it has been held in numerous cases that the amendment has retrospective effect. a full bench of the allahabad high court in tota ram v. ram lal : air1932all489 , held ..... pokhar singh but was repelled. braund j. observed at page 81 :'it is argued, .... that it is absurd to suppose that the temporary postponement of execution of decrees act, 1987, would give to decree-holder the benefit of a suspension of the period of limitation in a case in which the decree holder was not qualified to take .....
Tag this Judgment!Court : Chennai
Reported in : AIR1950Mad162
..... its maintenance. the communists party was not declared illegal in which case, it will be open to the government to take action under section 17, criminal law amendment act, if the person continued thereafter to associate himself with that party. even if a party is declared illegal, the mere association with that party would not justify ..... case, (1942) a. c. 284 : 111 l. j. k. b. 24 which have largely influenced the interpretation of madras act i [1] of 1947 notwithstanding the difference between the english regulation and the indian enactment. neither the fact that drastic powers have been given to the executive authority nor the fact that they are liable to abuse, ..... should stand in the way of our interpreting and giving effect to the terms of act i [1] of 1947 according to their plain .....
Tag this Judgment!Court : Chennai
Reported in : AIR1950Mad808; [1950]18ITR181(Mad)
..... for the previous year as a relevant consideration. section 4-a (b) on which the liability to assessment in the present case rests was enacted in 1939 by the amending act vii [7] of 1939, it is true, as pointed out by mr. rama rao sahib, and by the appellate assistant commissioner of income-tax, that the words ..... assessee before the income-tax authorities and the appellate tribunal, but he was unsuccessful in his contention.2. the present section 4 a, income-tax act was inserted by section 5, income-tax amendment act, 1939 and clause (b) of that section, which is the relevant section for the purpose of this case, reads as follows:'a hindu undivided ..... income-tax a company resides where its real business is carried on and its real business is carried on where the central management and control actually abide. the indian legislature that enacted act xi [11] of 1922 did not define the term 'residence' with reference to companies, firms and association of persons, though there was no definition, .....
Tag this Judgment!Court : Kolkata
Reported in : (1889)ILR16Cal238
..... the same manner as if such offences had been committed within the jurisdiction of the admiralty of england.6. the next statute on the subject is the merchant shipping amendment act, 1855, 18 and 19 vic, c. 91. section 21 provides that if any british subject charged with having committed any crime or offence on board any british ..... tried by the court before which the trial takes place according to its own procedure, as both the 12 and 13 vic, c. 96, and the merchant shipping amendment act, 1855, expressly provide that the court to which the jurisdiction to try the case is given, shall have the same jurisdiction as if the offence had been committed within ..... effect of these cases, so far as procedure is concerned, is to say that offences committed within the jurisdiction of the admiralty are to be tried by the indian courts according to the course of their own procedure.14. having thus ascertained the general rule for the trial of offences committed within the jurisdiction of the admiralty, .....
Tag this Judgment!Court : Kolkata
Reported in : 120Ind.Cas.577
..... as it stood in 190s, when this code was republished, depended upon section 9 of the indian high courts act of 1861. that was an act of the imperial legislature and it is said that 'each of the high courts to be established under this act shall have and exercise all such civil, criminal, admiralty, and vice admiralty testamentary, intestate, ..... carries on business or personally works for gain within these limits. the letters patent, as they stood in 1808, contained a clause no. 44 which has since been amended by the letters patent of 1919. the clause that then stood was 'all the provisions of these our letters patent are subject to the legislative powers of the ..... governor general in council.'15. now, that, being the position of affairs as regards the original side, when the legislature in 1908 came to amend and re-edit the code of civil procedure, what was the legislature intending to do by the clauses that are now under consideration? it is necessary to remember .....
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