Court : Mumbai
Reported in : (1931)33BOMLR319
..... an application in revision made by a third party on behalf of two ladies who were convicted of an offence under section 17(1) of the criminal law amendment act of 1908, and sentenced to four months' simple imprisonment and a fine of rs. 100.2. the accused wore charged with what is usually called picketing. they ..... the picketing ordinance, but, as i have said, they were charged under section 17 (1) of the criminal law amendment act with assisting the operations of an unlawful association.3. the question whether particular acts amount to assisting the operations of an unlawful association within the meaning of the section must always be one of fact to ..... for any one may hold the opinion that indigenous goods only should be bought, and the sale of imported ones prevented even by resorting to picketing, and may act. accordingly without consciously assisting an unlawful association thereby, though in fact such action may afford it indirect assistance, and we have had several examples of such a .....
Tag this Judgment!Court : Mumbai
Reported in : (1922)24BOMLR1060
..... subsequent legislation. this seems to be the conjoint effect of section 130 of the government of india act, 1915, sections 8, 9 and 11 of the indian high courts act, 1861, section 18 of the original letters patent of 1862, section 19 of the amended letters patent of 1885, and the above clauses 28 and 36 of the supreme court charter, ..... worship. section 92 of the civil procedure code is still wider in its application. and recently in response to a public demand for still greater protection for indian religious and other charities, the charitable and religious trust act, 1920, has been passed. nowhere do i find any express exemption of dawoodi borah mosques or other charities.106. but speaking very generally, ..... . no doubt in in re hallett's estate (1879) 13 ch. d. 696 sir george jessel said that the beneficiary was entitled to a charge. the indian trusts act, 1832, section 63, illustration (b) is to the like effect. but in in re hallett the exact point did not arise for decision, and the .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1927Bom177; 100Ind.Cas.981
..... r. 53, was decided in 1902 when the code of 1898 was in force. and section 239 of that code as it then stood substantially reproduced by the amending acts of 1923. but i fail to find any universal rule laid down in that decision. the facts are not stated with sufficient fulness to make it possible to ..... be unnecessary. here, there certainly was an accusation that an offence had been committed by accused no. 1 under sections 209 and 210, read with section 511, indian penal code, and though the complaint did not specifically allege that accused no. 2 had committed abetment of that offence both the accused were alleged to have given false ..... the evidence, came to the conclusion that these statements were proved to be false to the knowledge of the accused persons, and, accordingly, convicted them under section 193, indian penal code, and passed sentences against accused no. 1 of three months' and one month's rigorous imprisonment and against accused no. 2 of three months' rigorous imprisonment .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1925All253a
..... instituted in the court of the subordinate judge, that the authorities so far bestirred themselves as to direct the registrar of the university to submit the proposed amendment of the regulation for the approval of his excellency, the visitor. to the letter itself was appended a prayer that his excellency would be further pleased to ..... three classes, because there was a regulation saying that this ought to be done in all university examinations. they would know that this provision was capable of amendment by the senate, for adequate cause shown; and they were at full liberty to draft a proposal which should involve the classifying of successful candidates into two ..... the former of these cases is authority for the proposition that a high court possessing authority to act under section 45 of act 1 of 1877 will make an order requiring a specific act to be done by the syndicate of an indian university, where it is clearly of opinion that the syndicate is under a statutory obligation to perform .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1927All1
..... and which has now been found to be the fact, the lower appellate court's decree would have been upheld. could the legislature have intended that because the amending act came into force between the remand and the return of the finding, hanuman das is to lose his priority and girjanandan is to acquire an interest in the ..... case the act is declaratory in form but amending in substance. if nothing had occurred beyond the decision of the privy council in shamu pattar's case [1912] 35 mad. 607 it might be said that the legislature intended to declare that decision to be incorrect. the matter did not, however, rest there. the indian legislature by act 26 of ..... 1917 accepted and embodied in an act of .....
Tag this Judgment!Court : Allahabad
Reported in : 39Ind.Cas.92
..... the indian army. moreover, it is to be observed that whatever difficulty has been felt by any of the learned judges with regard to the question now before us turned upon the wording of clause (6) of sub-section (2) section 60 of the code of civil procedure (act v of 1908). that sub-section has been repealed by the repealing and amending act ..... regulation, we do not think it necessary to keep the reference pending on that account. the question raised is whether one moiety of the pay of an officer of the indian army, while serving in this country, is attachable in execution of a decree under the code of civil procedure. it is suggested in the order of reference that there has .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1924All137; 75Ind.Cas.329
..... . the assistant commissioner, whose duty it was to make the assessment, by reason of a general order lawfully issued under section 5(4) of the indian income-tax act, completed his work on january 26th 1923. one would have assumed that the same general order would have transferred to the assistant commissioner from the income ..... an application for registration, first presented on january 2nd 1923 and again on january 5th. 1922 after the instrument of partnership had been returned for certain amendments. it was on this application that the income-tax officer's certificate of registration was obtained on january 30th 1923, the assistant commissioner was in complete ..... that officer had condoned the irregularity by accepting an application presented to him, in the first instance, on january 2nd 1923, and once more presented after amendment on january 5th 1923; that the said officer did actually register their firm by an order which purports to effect registration from january 30th to march 31st .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 1949CriLJ271
..... to everybody within the criminal appellate jurisdiction of each high court to make an application under section 491 of the present criminal procedure code. by the criminal law amendment act, 1923, section 491 was amended and was enacted in the following terms:(1) any high court may, whenever it thinks fit, direct -(a) that a person within the ..... advocate. the petition was duly registered by the deputy registrar. the same evening the counsel requested the deputy registrar for permission to recast the petition and to amend it on the ground that certain important fact had heed omitted and certain other facts had been unnecessarily mentioned in the petition. the deputy registrar declined to ..... in a criminal case. this will appear from an examination of paragraphs 260-4 in vol 9, halhury's laws at england (hailsham editinn). in the indian code of criminal procedure, judgment is rot defined, but various sections suggest what it means. sections 404 and 415a no doubt refer to appeal from judgment or .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 1949CriLJ813
..... literally in other words, they are to a certain extant terms of art which had already acquired a definite legal meaning before they were incorporated into the indian act and ordinanoe.then as to incitement to violence being a necessary ingredient of the law of sedition, the learned judges doubted whether that was what the federal ..... disapprobation which is generated by legitimate comments, critioisms or ventilation of genuine grievances. such we apprehend is the meaning and effect of the section of the indian presa (emergency powers) act 1931 we are considering. we now proceed to examine the impugned letter and news item in the light of the legal principles explained above.17. ..... is no longer possible for us, however much we may regret it, to read into s. 121a, penal code or 8. i (l) (d), indian press (emer-genoy powers) act, 1931, the safeguards pro. vided by the english decisions which presoribe what we have called the external standard requiring that in order to amount to sedition .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1949]17ITR406(P& H)
..... the view expressed in ramaswami pillai v. commissioner of incomes-tax, madras. on an application by the commissioner of income-tax presented under section 66 of the indian income-tax act the appellate tribunal has stated a case and has referred the following question of law to this court for decision :-'whether on the facts proved or admitted in ..... the above-mentioned judgment in certainly not a presumption of law but is quite obviously a presumption of fact such as is contemplated by section 114 of the indian evidence act. where an assessee having business connections abroad which any result in profit has received remittances from out of the funds of the business carried on by him or ..... not out of his share of the profit, a presumption may will be made that it represented wholly or in part such share. section 106 of the indian evidence act provides that the on us of proving a fact which is especially within the knowledge of any party lies on such party. where an assessee has been receiving .....
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