Court : Kolkata
Reported in : AIR1943Cal224
..... . bose refers to the last passage in section 72, namely, the words 'and may be controlled or superseded by any such act.' such an act is an act of the indian legislature and mr. bose says that section 14, defence of india act, 1939 controls the powers of the ordinance and that except as regards special tribunals of three persons set up under the defence ..... that the provisions of the government of india act set out with amendments consequential on the provisions of this act in schedule 9 to this act, shall, subject to those amendments, continue to have effect notwithstanding the repeal of the 1915 act by the act of 1935. in schedule 9, government of india act, 1935, section 72, government of india. act, 1915, is set out and it provides as .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1942Cal429
..... , 1940 (bengal council act 18 of 1910). this act was enacted by the provincial legislature of bengal and no assent of the governor-general or of his majesty ..... 1. the questions involved in this appeal relate to the newly enacted section 168a, ben. ten. act, inserted by the bengal council act 18 of 1940 (the bengal tenancy (amendment) act, 1940), which came into force on 9th january 1914. the decree in question is for arrears of rent due in respect of a patni ..... indian law, shall prevail and the provincial law shall, to the extent of the repugnancy be void.9. sub-section (2) of the section lays down how; with the assent of the governor-general or of his majesty, such repugnant provincial law shall prevail in the province. section 168a, ben. ten, act, has been inserted in the act by section 5, ben. ten. (amendment) act .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1936Cal57
..... union, formerly known as r. s. n. and i. g. n. and ry. workers' union, to approach government and request that the notification under section 16, criminal law amendment act, 1908, declaring the r. s. n. and ry. workers' union an unlawful association might be withdrawn. the rules and the constitution of the so-called inland steam navigation workers ..... the 16th may 1935, the registrar refused to register the union and passed the following order:the application below purports to be an application for registration under the indian trade unions act, 1926, on behalf of a union calling itself the inland steam navigation workers' union. a few days before this application was filed the general secretary of ..... of session, within the time and in the manner and on the conditions directed by rules of court.10. in section 11, sub-section (1) of the indian act the only direction given with regard to the appeal is that 'it must be within such time as may be prescribed.' a period has been prescribed by the .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1943Cal590
..... in respect of his holding in which possession of land is delivered to the mortgagee-(a) which was so entered into before the come mencement of the bengal tenancy (amendment) act, 1928 and was subsisting on the 1st day of august 1937...shall be deemed to have taken effect as a complete usufructuary mortgage for the period mentioned in the ..... out that the provision only covers references made in chap. 4, t.p. act, and it is urged that it will not cover references in section 26g, ben. ten. act. it is to be noted that section 59a was inserted in the transfer, of property act by the amending act, 30 of 1929, but that previous to its insertion a similar reference had ..... the remedy of respondent 1 is by way of suit, not by application under sub-section (5).(4) the question whether section 26g is void for repugnancy to any existing indian law has recently been disposed of by us in civil rule no monmohan das v. parswanath das reported in : air1943cal588 . in the present case an additional argument is .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1924Cal913,83Ind.Cas.446
..... subordinate judge has again dismissed the suit on the 30th september, 1921, without enquiry into the merits. he has held that article 14 of the schedule to the indian limitation act is not appropriate, but that the suit is barred under section 24 of reg. ii of 1819, on the authority of the decision prafulla v. secretary of ..... admitted, unless, upon a perusal of the lower courts's decree and the board's final robukari, the decision should appear doubtful or erroneous.96. the intervening amendments of the regulations complicate the matter to some extent, but the course of legislation prior to 1847 has been described succinctly by sir arthur wilson in delivering the ..... proposed pleading in the time specified in the purwannah. having received the pleading, the revenue commissioner was to revise and correct it, and either record his approval or prepare an amended one, an forward it to the government agent to be filed in the court of the special commissioner. (cir. ord. no. 55, nov. 16, 1835).47. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1925Cal329
..... 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 ..... 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 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 : AIR1936Cal506
..... euphonious as the sentence 'all roads (including the soil) and all bridges, tanks, etc.' and the additional words were added when the clause 'including the soil' was introduced by the amending act of 1894. the use of the word 'private' as applying to roads is explained i think because roads in this section as in section 31 and in section 217, clause ..... 1932, all roads in a municipality over which the public have a right of way now vest in the commissioners; and, if section 30 of the amended act of 1894 had been construed against the municipality, the municipality could immediately bring a suit under the existing law and get a declaration that the land had vested in the ..... . v. finchley urban council (1903) 1 ch 437, in which collins, m. r., said: 'that which is vested is the area of the user.' to what extent, if any, the indian legislature has gone beyond these decisions, by using such words as 'and belong to' in section 30 or 'to take over the property therein' in section 31 of .....
Tag this Judgment!Court : Kolkata
Reported in : [1937]5ITR349(Cal)
..... by rule 35 read with rule 25 of the rules made by the central board of revenue in exercise of the powers conferred by sec. 59 of the indian income-tax act (act xi of 1922), it is open to the assessees to go behind this notional figure by referring to the actual sources of its receipts and claim exemption from ..... -tax by the north british mercantile insurance company were made strictly under rules 25 and 35 made by the central board of revenue under sec. 59 of the indian income tax act, 1922.rule 25 provides :'in the case of life assurance companies incorporated in british india whose profits are periodically ascertained by actuarial valuation, the income, profits and ..... revenue in exercise of the powers conferred by sec. 59 of the income-tax act (xi of 1922) and promulgated by the board of inland revenue notification no. 3-i.t. dated the april 1, 1922, as subsequently amended. the rules in question are known as the indian income-tax rules, 1922. it is the meaning and effect of these rules .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1925Cal913
..... in making use of it he employs language which from the outset indicates a failure to understand its true purport, for the common intention which ho mentioned in the amended charge and the new charge was 'to prevent baikunta from cutting paddy on his land.' the learned judge has thus treated section 34 as almost identical with section ..... that 'of causing hurt to baikunta panda and his men.' in the latter the names of the three dead men were inserted in one charge.4. the learned judge amended the charge under section 304 by inserting the words 'in furtherance of your common intention, namely, to prevent baikunta panda from cutting paddy from his land and thereby' ..... words which would have done fairly well for a charge under section 149, indian penal code, but they are inaccurate as applied to section 34, indian penal code for the latter section refers to oases in which several persons both do an act and intend to do that act: it does not refer to oases like the present) where several persons .....
Tag this Judgment!Court : Chennai
Reported in : AIR1937Mad735; 173Ind.Cas.251; (1937)2MLJ189
..... by mr. jayarama aiyar and to give one instance of a statute which empowers one tribunal to conduct the enquiry and another to inflict the penalties we have the indian bar councils act (section 10) and others were cited but mr. jayaram aiyar refers to chandi char an dey, in re (1908) 12 c.w.n. 842. there it was ..... are important words because at that date the case had to be proved to the satisfaction of the court publishing the list of touts. whereas by reason of the amendment referred to a court subordinate to the court inflicting the penalty is empowered to find on the question of proof. in the matter of southekal krishna rao was also cited ..... be observed however that that case was a decision on section 36 of the legal practitioners act as it then-read, but by act xv of 1926 the words 'or to the satisfaction of any subordinate court' were added to the words as they stood before the amendment, that is: ' every high court, district judge, sessions judge, district magistrate and presidency .....
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