Court : Punjab and Haryana
Reported in : AIR1949P& H94
..... government; (iv) a loan advanced by a bank, a co-operative-society or a company whose accounts are subject to audit by a certised auditor under the indian companies act, 1913; (v) a loan advanced to a trader; (vi) an. advance made on the basis of a negotiable instrument as defined in the negotiable instruments ..... expedient for the more effective protection of debtors to modify the existing law on certain, points and to amend the law with respect to persons carrying on business as money-lenders.... it is hereby-enacted as follows:16. in section 2 of the act which is the interpretation clause the expressions 'bank,' 'company' ' co-operative society,' 'loan', ' money-lender', ' ..... enacted for the more effective protection of debtors and to modify the existing law on certain points and to amend the law with respect to persons carrying on business as money-lenders. if the act is taken to have been enacted for protection of debtors from money-lenders, then it is quite clear that it can have no .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1949P& H67
..... 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, 1928, 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 limits ..... the petition was duly registered by the deputy registrar.6. 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 facts had beed 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, halsbury's laws of england (hailsham edition). in the indian code of criminal procedure, judgment is not 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 : AIR1949P& H83
..... . and mr. r.c. gautama under whom he had occasion to work as managing clerk, mr. juma hajee a municipal commissioner and president of the merchants chamber and of the indian association dr. anant ram; president of the kenya asian civil service association, mr. esmail lalji, a general merchant and landlord, mr. nanak chand, president of the hindu union, ..... . gautama from july 1944 till the date of his departure for india in september 1945. he was elected president of the arya samaj in 1944 and that of the indian association in january 1945. a large number of very prominent and respectable citizens of eldoret have testified to the fact that mr. gautama has completely regained his sense of ..... the high court at lahore and mr. gautama's name was removed from the roll of the said high court on 22nd april 1946. on the enactment of the independence act, 1947, the punjab was split up into two provinces each province having a high court of its own. on 7th october 1947, mr. gautama applied to the high .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1949P& H185
..... navy and also because of the reason that the goods were of perishable nature and became totally unfit for use due to detention of the steamer at freetown. in the amended plaint, which the plaintiffs were allowed to put in later, they took up an additional ground, namely, that the goods had become actual total loss on account of ..... return to germany if possible, or to take shelter in a neutral port and in the last resort to scuttle themselves. the goods insured were owned by a british indian subject and were on board a german steamer and were thus enemy goods on board a belligerent ship. these goods thus must be presumed to have been totally lost ..... , the risk is ended, because the assured can recover as for a total loss, and the salvage vests in the underwriter.6. the statutory provisions of the marine insurance act, which admittedly applies to the present case because of the specific conditions of the policies, are contained in sections 60, 61, and 62. section 60 sets forth generally the .....
Tag this Judgment!Court : Chennai
Reported in : (1919)37MLJ284
..... that its territorial limits had been altered is a matter for the legislature to consider. i would venture to suggest that article 182 of the limitation act, clause 5, should be amended by adding after the words ' to the proper court' the words 'or to a court which the decree-holder in good faith believed to have ..... are entirely satisfactory.' it may be that where questions of international law or commercial law or constitutional law are involved, it becomes indispensable (owing to paucity of indian decisions) to refer to such cases and even then it would be no doubt advisable to confine ourselves to english decisions. also where the statute law of india ..... 'is silent' and rules of justice, equity and good conscience have to be applied by indian courts and such rules have been clearly set out in famous decisions of foreign courts (such as those collected in smith's leading cases) references to such authorities .....
Tag this Judgment!Court : Chennai
Reported in : AIR1941Mad535; (1941)2MLJ148
..... the descendants of the wakf in the male line, constitute a charitable purpose and as such falls within the scope of section 4, clause (3) (i) of the indian income-tax act, 1922.(2) whether the income allotted under the said wakf deed for the purposes mentioned in question no. (1) which remains unspent for want of beneficiaries is assessable in ..... applied to a public charity. there is no such thing as a private charitable trust. there may be a private trust for religious purposes and that is why the amendment was made to section 4 (3) in 1939. it was made in order to put beyond all doubt the intention of the legislature not to exempt even private trusts ..... part of the income of a private religious trust which does not enure for the benefit of the public'. the words which constitute the proviso were added by an amendment made in 1939.4. the expression 'charitable purposes' must be construed strictly. as the result of decisions in england spread over a long period the expression can only be .....
Tag this Judgment!Court : Chennai
Reported in : AIR1932Mad352; 137Ind.Cas.740; (1932)63MLJ152
..... by which further and other steps are sought to be taken in the main matter of execution and in a pending execution petition. but in construing an act passed by the indian legislature, this practice in our presidency should not be allowed to have any consideration at all. again, as observed by the privy council in adamson v ..... any other application to the court, which had been maintained so far by the use of the two different words, 'petition' and 'application', was infringed when this amendment was introduced. mr. sitarama rao for the creditors not unnaturally contends that the contrast on which mr. rajah aiyar has based his argument here breaks down. it is ..... years later. it has also been suggested by mr. rajah aiyar that the word 'petition' may have crept into this new amendment by oversight, the legislature not remembering, when the amendment was made, that in this particular act a distinction had been drawn between the use of the word 'petition' and the use of the word 'application'. but .....
Tag this Judgment!Court : Chennai
Reported in : AIR1918Mad624; (1918)ILR41Mad319
..... years after the property was finally lost to the trust by the operation of the statute of limitation.4. the question of the interpretation of section 10 as amended in the act of 1908 is one of considerable importance and we have had it fully argued before us. as is well known, the statutes of limitation were not applied in ..... an account on the footing of wilful default or neglect. but to give that meaning to the words 'suit for an account' as introduced into section 10 of the indian limitation act, 1908, would be entirely to alter the whole scope of the section and to run counter to the whole tendency of modern legislation. i cannot therefore accept that ..... bar of limitation for breaches of trust consisting in failure to get in the trust property.9. if this be the true construction, the indian legislature has gone far beyond the authority of any indian case in direct opposition to the recent legislation in england. it is impossible in my mind to attribute to them such an intention unless .....
Tag this Judgment!Court : Chennai
Reported in : AIR1921Mad122; 59Ind.Cas.943
..... but this provision was not incorporated by the legislature into the indian law till the act of 1914 and there seems no authority for saying that it was incorporated into the indian law by any judicial decision between 1882 and 1914. there is no doubt that the act of 1914 is an amending act. it distinctly says that it is (section i) and does ..... not say that it is only declaratory of the existing law. now section 4 of the negotiable instruments act defines a promissory note and ..... reason also. re held that exhibit a was not a negotiable instrument as it was executed before the passing of the act v of 1914. that act in its preamble declared that it was expedient to amend the act of 1881 so as to remove doubts as to the validity of the making and endorsing of negotiable instruments in certain forms .....
Tag this Judgment!Court : Chennai
Reported in : AIR1943Mad504
..... m. faraday v. carter (1927) 11 tc 565. they have accordingly been adopted in the indian income-tax act, 1922, as denoting two different situations for which the act makes separate provisions in sections 25 and 26, and before the amendment act of 1939 was passed the courts in this country, including the bombay high court had uniformly ..... to add a few observations. the question is whether section 25 (3), income-tax act, 1922, as amended by the income-tax (amendment) act, 1939, providing for certain reliefs in cases of discontinued business, etc., charged to tax under the income-tax act, 1918, applies when a hindu undivided family carrying on business becomes disrupted and the members ..... the predecessor is one who was carrying on the business, profession etc., at the commencement of the amendment act. to ignore this condition and to bring the case of a succession occurring before the commencement of that act within the purview of section 25 (3) as covered by the word 'discontinued' seems to me .....
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