Judgment Search Results Home > Cases Phrase: indian boilers amendment act 2007 section 10 amendment of section 9 Court: privy council Year: 1946 Page 2 of about 26 results (0.300 seconds)

Mati Lal Shah Vs. Chandra Kanta Sarkar and ors.

Court : Kolkata

Reported in : AIR1947Cal1

..... on the other hand, section 47, civil p.c. and section 31, presidency small cause courts act, are existing indian laws with respect to the same matters. between the provisions of the provincial law and those of, the existing indian laws, there is thus a clear repugnancy. the amending act (8 [viii] of 1940) by which section 20, bengal act, was amended and the present section 34 substituted, was not ..... a civil court receives a decree of a presidency small cause court on transfer, it must, if it finds the application for execution made to it under order 21, rule 10 to be in order, direct that the decree be executed. it must thereafter issue process under rule 24 and carry out the execution to the end, only staying the proceeding ..... in the amount declared payable by its award or decided that the debt did not exist, the suit or proceeding, so far as it related to such debt, 'shall abate.'9. the act contained no definition of 'civil court.' in the absence of such definition, it was held by a special bench in narsingdas tansukdas v. chogamull : air1939cal435 that the expression ' ..... 'the government of india act.'7. the preamble of the act stated its object to be 'to provide for the relief of indebtedness of agricultural debtors and to amend the law governing the relations between agricultural debtors and their creditors.' 'debtor' was defined, leaving aside certain particulars, as a person whose primary means of livelihood was agriculture [section 2(9)]. barring certain exceptions which .....

General Family Pension Fund Vs. Commissioner of Income-tax, Bengal.

Court : Kolkata

Reported in : [1946]14ITR488(Cal)

..... assessments for the years 1937-38 and 1938-39. since they are in respect of years prior to the passing of the indian income-tax (amendment) act, 1939, the provisions of the indian income-tax act, 1922 (hereinafter called the act), as enacted before the amendment act of 1939, will apply to this reference.the questions referred for the opinion of this court are :-1. whether the ..... by reference to the income, profits and gains of the previous year. although section 6 specifies the several heads of income, including interest on government securities (falling within section 8), and other sources (falling within section 12) which are not included in the other heads (covered by sections 7, 9 and 10) nevertheless the income has not to be assessed separately under the several heads ..... when the total is ascertained by means of rule 25. the ascertainment under the rule of the average annual net profits for the purpose of assessment to income-tax is substituted for the other methods provided by the above sections. in my ..... were in fact for the most part interest on securities also; but such being interest on non indian securities brought into british india, as were not covered by section 8. he made no assessment under section 10 for profits and gains under the head 'business' evidently taking the view, since the assessee was a mutual concern, either that it had no business, .....

H.H.B. Gill and ors. Vs. Emperor

Court : Kolkata

Reported in : AIR1947Cal162

..... the offender being a public servant', but whether it was committed by a public servant acting or purporting to act as such in the discharge of his official duty.this decision being in 1928 dealt with the section as amended in 1923, and adopted the observation of a single judge of the same court in ..... mr. gupta resulted in acquittal. further mr. barwell submits that the evidence does not support the learned magistrate's finding that the watch iscleary of indian design and workmanship (apart from the movement) and is the sort of watch which lahiri might very well possess but which an english lady would ..... transaction and he found that it is significant that in lahiri's notes we find an entry dated 15th july reading 'a/c major 1000.'10. the learned magistrate summed up the position with regard to the contracts as follows:between january 1941 and july 1942 gill handled four contracts which ..... of inferior courts, pointing out that the sectionrelated to offences which could be committed by public servants as such, and which are specified in chap. ix, penal code.a number of eases appear in this judgment to have been placed before the court indicating that the sanction is intended to apply ..... favour cannot be said to have been improper; the learned magistrate found itsignificant that lahiri's notes show three cash payments to gill during january 1942.9. with regard to the contract for decking spikes (ex. 80 (indent)) the learned magistrate goes into some detail on the matter of the objections .....

Brijkishore Singh and ors. Vs. Sm. Nazuk Bai and ors.

Court : Kolkata

Reported in : AIR1948Cal19

..... need only pause to point out that in some cases more approbrious epithets have been applied by judges to this rule of law.20. the indian legislature has in section 306, succession act, adopted the rule in a very restricted form. a suit for account does not fall within the named exceptions in that ..... on the aforesaid points in the order stated above.7. i. the plaint as originally filed was against hari singh and puransingli only. by an amendment made on 2-10-1989 hari singh was described in the cause title as being sued 'for self and as executor.' in paragraph 7 of his written statement filed ..... 1940. we have already stated that nazuk bai and fakir singh brought a title suit being title suit 2 of 1934 (subsequently numbered as title suit no 9 of 1937) in the court of the subordinate judge, midnapore against puran singh, hari singh and mustani bai for recovery of property after netting aside the ..... movables described in the schedule to the plaint other than those mentioned in schedule b of the decree of title suit 2 of 1934 (subsequently numbered as 9 of 1937) of the court of the learned subordinate judge, midnapore, and we direct the court below to assess the value of the plaintiff 1's ..... plaintiff on what can be inferred to have been the cause of action which was the subject-matter of the midnapore suit. this point is accordingly overruled.9. iii. it is conceded before us by the learned advocate for the appellants that hari singh was bound to render accounts from the death of dhan .....

Hubli Electricity Co., Ltd. Vs. Province of Bombay

Court : Mumbai

Reported in : AIR1947Bom276; (1947)49BOMLR92

..... statutory duty to fix a rate for the repair of a county bridge : rex v. inhabitants in glamorganshire (1792) 1 ld. r. 580; and to poor law commissioners acting under the poor law amendment act, 1834, in prescribing the constitution of a board of guardians in a parish where there was an existing poor law authority; rex v. the poor law commissioners. (1837 ..... a license granted on june 26, 1924, to messrs. ramkrishna l. amte and sidheshwar s. malinath. the assignment was made on january 28, 1925, under the provisions of section 9(2) of the indian electricity act, 1910, when the governor of bombay consented to the assignment of the said license. the appellants were supplying the city of hubli with electricity under the said license ..... . therefore the mind to be satisfied about the existence of those facts was the mind of the government and not the mind of the court, and the result of the amendment is, as pointed out by sir dinshah mulla in his commentary on the civil procedure code, to make the decision of government final and not open to question by the court. lord ..... the area of supply upon such terms and conditions as it thinks fit, or(b) make such alterations or amendments in the terms and conditions of a license, including the provisions specified in section 3, sub-section (2), clause (f), as it thinks fit.10. section 5 forms a material part of the scheme for granting and revoking licenses by it, notice of revocation must .....

Lala Duni Chand and Others Vs. Mt. Anar Kali and Others

Court : Privy Council

..... inheritance (amendment) act, 1929 (act no. 2 of 1929) which is hereinafter referred to as "the act". the act is not expressed to come into operation on a particular day. it received the assent of the governor-general on the 21st february 1929, and under the provisions of section 5 of the general clauses act, 1897 (act no. 10 of 1897 ..... rank them as heirs in the specified order of succession next after a father's father and before a father's brother. [2] the act thus amends the old order of succession in hindu law by introducing certain persons as heirs, who had no such place according to the ordinary interpretation of mitakshara ..... but this possibility is common to them all for, it cannot be predicated who would be the nearest reversioner at the time of her death. the indian law, however, permits the institution of suits in the lifetime of the female owner to remove a common apprehended injury to the interests of all the ..... the termination of the widow's estate, it is impossible to say who are the persona who will be entitled to succeed as heirs to her husband; 9 mia 58 (3)at p. 604. the succession does not open to the heirs of the husband until the termination of the widow's estate. upon ..... the plaintiff, defendants 1-3, should also get their respective shares on the payment of the necessary court fees. the suit was thus decreed with costs. [9] a decree dated the 10th january 1938 was accordingly drawn up. from the said decree, defendants 4, 5 and 6 (the present appellants) appealed to .....

Emperor Vs. J.K. Gas Plant Manufacturing Co. Ltd.

Court : Mumbai

Reported in : AIR1947Bom361; (1947)49BOMLR352

..... of india (central government and legislature) act, 1946 (9 & 10 geo. vi, section 39), passed on march 26, 1946, by which the words 'shall, to the extent of the incompetency, cease to have effect' were substituted for the words 'shall cease to have effect' in sub-section (4) of section 102 of the government of india act, 1935.54. all these amendments had to be made since sub ..... remedy may be instituted, continued or enforced, in respect of rights, liabilities and penalties under a repealing act, as if the repealing act had not been passed. as regards repealed enactments of the indian central legislature similar provisions are contained in section 6 of the general clauses act, 1897.40. the effect of the expiry of a temporary statute is very similar and is thus ..... part thereof, and any ordinance so made shall, for the space of not more than six months from its promulgation, have the like force of law as an act passed by the indian legislature;14. the existence of emergency had been declared when these ordinances were made and promulgated and ordinarily they would have remained effective only for a period of six ..... make no laws, and the governor general can make no ordinances, with respect to any of the matters enumerated in the provincial legislative list.(2) the laws made by the indian legislature with respect to matters enumerated in either the federal or the concurrent legislative list will remain in force until repealed, unless there is a provision to the contrary in .....

Adiveppa Channappa Kittur Vs. Rachappa Balappa Hosmane

Court : Mumbai

Reported in : (1948)50BOMLR30

..... regards the claim of the other two branches on the ground that no relief was asked against those defendants and that under section 22 of the indian limitation act no prejudice could be introduced against the mortgagor inasmuch as the suit as regards the newly founded defendants would be deemed ..... has expired cannot avail the plaintiff in such a suit inasmuch as there is no cause of action under section 3 of the indian limitation act, and in those circumstances order i, rule 9 ,of the code of civil procedure, cannot cure the defect and resuscitate the suit which in fact ..... amendment under order i, rule 10, of the code of civil procedure, and they say that the principle is that in compliance with order xxxiv, rule 1, read with order i, rule 9, and order i, rule 10(2), the court should add necessary parties and after they have been added apply section 22 of the indian limitation act ..... in favour of the plaintiff and his undivided son, defendant no, 10. out of the contesting defendants, defendant no. 4 alone has come in appeal.22. section 3 of the indian limitation act requires that subject to the provisions, contained in sections 4 to 25 (inclusive), every suit instituted after the period of ..... of the proposed amendment the suit by other mortgagees would be barred by time and the suit was dismissed. the high court reversed the decision holding that as the plaintiffs were not asking for any relief against the newly added parties, section 22 of the indian limitation act would not affect .....

Bhimsen Hanmant Vs. the Urban Bank

Court : Mumbai

Reported in : AIR1947Bom370; (1947)49BOMLR160

..... connection it may be useful to refer to the decisions dealing with the question of limitation applicable to applications made to execute awards filed under section 15 of the indian arbitration act.8. in chaitram sagormull v. hardwari mull & co. i.l.r.(1927) cal. 499 the calcutta high court were dealing with such ..... section as it stood before the amendment.2. it has been conceded on behalf of the bank that an application made by the bank to execute an award passed in its favour after obtaining the necessary certificate from the registrar under section 59(1) (a) is governed by the provisions of the indian limitation act. ..... remarked that the point is obviously susceptible of argument; but since the calcutta view as to the construction of section 15 had stood for some years, he saw no reason why he should differ from it.10. in subba rao v. calicut co-operative, urban bank [1940] mad. 649 the madras high court was ..... in nadirshaw contractor v. gajraj sheokarandas. : (1941)43bomlr1006 it was held that such an award can be executed as a decree of the high court at any time within twelve years from its date under article 183 of the indian limitation act. ..... rankin c.j. then proceeded to hold that section 15 covers the question of time within which the execution of a decree may be had, and came to the conclusion that to the execution of such an award article 183 of the limitation act would apply.9. this court has taken the same view .....

In Re: Lady Navajbai Tata

Court : Mumbai

Reported in : AIR1947Bom331; (1947)49BOMLR66

..... the remuneration of rs. 40,000 received by the assessee from messrs. tata sons ltd. in the year of account is salary chargeable under section 7 of the indian income-tax act ?2. the assessment year was the year 1942-43, in respect of the accounting year, which is the calendar year 1941, in which ..... the words 'any fees' as making the break from the substantive list of items previously enumerated. the section as it at present stands amended is both cumbrous and obscure. as it originally stood under the 1922 act, the section was as follows:-the tax shall be payable by an assessee under the head salaries', in respect of ..... or wages and could not be given as an alternative to an annuity, pension or gratuity. in my opinion the amendments made to the section since 1922 do not overthrow the structure of the section as it originally stood and i think that a gratuity is one of the five substantive items which must be ..... 9. the possible heads of income to be brought to tax under section 6 of the act are five and the first of these is salaries, which is particularised and dealt with in section 7, the last of the five heads being 'income from other sources' which is particularised in section 12. section 7(1) of the indian income-tax act ..... of loan or otherwise of income chargeable under this head shall be deemed to be salary due on the date when the advance is received.10. in my opinion the assessee's remuneration in question is neither a salary nor wages. but it is suggested by sir jamshedji kanga on .....