Judgment Search Results Home > Cases Phrase: indian boilers amendment act 2007 section 10 amendment of section 9 Sorted by: old Court: privy council Page 72 of about 1,298 results (0.038 seconds)

Official Assignee, Madras Vs. Mercantile Bank of India, Ltd.

Court : Privy Council

..... a pledge of the ipsa corpora of the documents. the solution of the question depends on the true effect of s.178, contract act, 1872, as then in force; that section which has since been repealed by the indian contract (amendment) act, 1930, and replaced by a new s. 178, was in the following terms: a person who is in possession of any goods or ..... in regard to goods represented by the 14 railway receipts that were handed over to the insolvents' representative for the special purpose explained above, of unloading the goods into the x warehouse. their lordships however do not think that these goods are in any different position from the remainder for this purpose. the pledge was not affected by the handing over ..... inconsistent with any reputation of ownership in that sense. reference may be made in this connexion to the english cases of 15 eq. 69 (8) and (1905) 2 kb 772 (9). the whole question under the clause in a question of fact, and their lordships agree with reasoning of the appellate court on this point also. in the result the appeal ..... for wools had been made; but it was held that the bankers had a good title against the trustee in bankruptcy. this authority was followed and (1905) 2 kb 772 (9)approved. in that case the traders who had obtained advances from bankers on the security of cloth of the traders then in the hands of bleachers, gave letters of lien .....

The Official Assignee of Madras Vs. the Mercantile Bank of India Ltd.

Court : Mumbai

Reported in : (1935)37BOMLR130

..... the documents. the solution of the question depends on the true effect of section 178 of the indian contract act, 1872, as then in force; that section which has since been repealed by the indian contract (amendment) act, 1930, and replaced by a new section 178, was in the following terms :-a person who is in possession ..... before this board the point was argued as an alternative, and in view of the conclusions stated above as to the application of section 178 of the indian contract act, it may be regarded as not calling for decision. but this point by itself would be enough to decide the case against ..... .r. 43 i. a. 164, 18 bom. l.r. 670, this board held that a railway receipt was an 'instrument of title' within section 103 of the indian contract act; the board said in that case that no distinction could be drawn between the term 'document of title' and the term 'instrument of title' ; and ..... by the fourteen railway receipts that were handed over to the insolvents' representatives for the special purpose explained above, of unloading the goods into the x warehouse. their lordships, however, do not think that these goods are in any different position from the remainder for this purpose. the pledge was ..... the goods as distinct from the documents. the questions must be separately considered; both depend on the words of the section read in connection with the rest of the act.9. but the arguments advanced on behalf of the appellant have sought to treat the matter as concluded by the history and .....

Nageswara Ayyar Vs. M.L.M. Ramanathan Chettiar and anr.

Court : Chennai

Reported in : AIR1935Mad468; 157Ind.Cas.232

..... . 492. the indian legislature did not leave the matter in the condition in which it was in england before the act of 1927, nor has it so far adopted the definite standard adopted in england by the amending act of 1927. it tried to furnish some guidance in the application of the act by a series of explanations inserted in sub-section 2 of section 3 of ..... of business and the contract cannot be said to be induced by undue influence. the question is whether under the terms of the usurious loans act (10 of 1918), the position is not different. the preamble of act 10 of 1918 shows that that legislation was introduced for the very purpose of giving the court larger powers in dealing with matters of this kind ..... both of them were unsecured pro-note loans. in the mortgage loan contracted by defendant 1's mother during his minority from defendant 2, the rate of interest was only 9 per cent. the plaintiff has not suggested that he insisted on a higher rate of interest by reason of any special risk involved in the loan, but only maintained that ..... mortgage bond; the other question relates to the rate t f interest.2. the first question formed the subject of issue 6 and has been discussed pretty fully in para. 9 of the lower court's judgment. before the lower court, the accounts showing a loan of rs. 6,000 to defendant is mother were not available, as they were in .....

Vaman Vithal Kulkarni Vs. Khanderao Ramrao Sholapurkar

Court : Mumbai

Reported in : AIR1935Bom247; (1935)37BOMLR376

..... words 'these are the blessings' were in the handwriting of the landlord. assuming that the evidence of that witness can be let in under section 33 of the indian evidence act, i agree with the learned judge in thinking that this document is not proved. the important thing about it is that it was never signed ..... box to deny that they had received the notice, and therefore the prima facie presumption must prevail. i think, therefore, that subject to the defendant's amending his plaint, and with the necessary variation in the order as to mesne profits, appeal no. 471 must be dismissed as to property b.divatia, j. ..... a waiver of the earlier notice to quit. therefore the plaintiff's suit, in my opinion, was bad, but mr. coyajee has asked for leave to amend his claim, by basing his right to possession on the notice of september 26, 1925f exhibit 172, and on terms as to costs we are prepared to ..... plaint, but that is clearly wrong, and i agree that the interests of justice require that the plaintiff should be allowed to amend the plaint.9. appeal no. 477 : allowed as regards property a and dismissed as regards property b. parties to get their proportionate costs throughout ..... .10. appeal no. 471 : allowed as regards property a. as to property b liberty to amend by pleading the notice of september 1925. judgment for possession and for mesne profits of .....

King-emperor Vs. Ramanuja Aiyangar

Court : Chennai

Reported in : (1935)68MLJ1

..... ' were. omitting whatever is not absolutely necessary for our present purpose, the amended certificate is to the following effect, (the amendments being enclosed in brackets) - i. 'whether the alleged statements of the accused while in the custody of the police are admissible under section 27, indian evidence act, orunder section 8 of the indian evidence act, (or any other provision of law:) and whether the fact that no ..... omission only but an affirmation' and that 'it constituted a misdirection in fact though not in form' calculated to prejudice the prisoner's case. in reg v. pestanji dinsha (1873) 10 b.h.c.r. 75 westropp, c.j. is of opinion that non-direction will not amount to misdirection, but it may be observed that the learned judges also dealt ..... judge: rex v. grant (1834) 5 b. & ad. 1081 : 110 e.r. 1092. everett v. youells (1833) 4 b. & ad. 680 : 110 e.r. 612 gibbs v. pike a (1842) 9 m. & w. 351 : 152 e.r. 149' the learned chief justice then quotes certain observations by coleridge, j., and martin b, in reg v. aaron mellor' (1858) 7 cox. c ..... p.w. 26 jaganatha thathachari, assistant parcels clerk at the egmore railway station, the former of whom received the parcel from the accused at the egmore railway station at about 9-45 p.m., on the 12th january, and with the assistance of another porter, not a witness in the case, carried it and weighed it in the weighing machine at .....

Emperor Vs. M. Ramanuja Ayyangar

Court : Chennai

Reported in : AIR1935Mad528; 158Ind.Cas.662

..... is not absolutely necessary for our present purpose, the amended certificate is to the following effect, (the amendments being enclosed in brackets):1. whether the alleged statements of the accused while in the custody of the police........ are admissible tinder section 27, evidence act... or... under section 8, evidence act (or any other provision of law) and whether the ..... -34 a.m., on january 13, of this year, the parcels express train which left the egmore station at madras at 10-10 p.m., arrived at karunguzhi station on the south indian railway. there it delivered six parcels. five of these were handed over to the respective owners on production by them of the ..... ) 3 n & m 106 : 5 b & ad. 1081, everatt v. yonells (1834) 4 b & ad. 681 : 1 n & m 530 and gibbs v. pike (1842) 9 m & w 351 : 1 d (n s) 409 : 12 l.j. ex. 257 : 6 jur. 465 : 60 r.r. 74972. the learned chief justice then quotes certain observations ..... we were coming out, the accused pointed out that woman with coral beads on her neck and said that was the coolie that carried my mattress.9. in examination-in-chief he had stated that he and the prisoner and gone to the premises of the mattress seller and that the prisoner pointed ..... jagannatha thathachari, assistant parcel clerk at the egmore railway station, the former of whom received the parcel from the accused at the egmore railway station at about 9-45 p.m. on january 12, and with the assistance of another porter, not a witness in the case, carried it and weighed it in the .....

Govindaswami Mudaliar Vs. Rasu Mudaliar

Court : Chennai

Reported in : AIR1935Mad232; (1935)68MLJ41

..... this case relates to the construction of section 17(2)(vi) of the indian registration 4ct. under the clause as it originally stood, 'decrees and orders of courts and awards' were excepted from registration; but by an amendment made by section 10 of the transfer of property (amendment) supplementary act, 1929, the following clause was substituted:any ..... part of the decree should be confined to the actual subject-matter of the suit; then turning to the indian registration act of 1908 and considering the meaning of the word 'decree' in section 17(2)(vi), they further held that there was no reason why a limit should be imposed upon the ..... different, namely 'relates to the suit' occurring in a statute like the civil procedure co3e? again, is it a far-fetched inference that the amendment was made with a view to alter the law as laid down in hemanta kumari debi's case referred to above? i prefer to leave the ..... it - both the operative part and the part relating to matters outside the suit. it was while the law was in this state, that the amendment was made.4. the first question that arises is, does the consent decree in question comprise immoveable property which is the 'subject-matter of the suit ..... however made, for aid in the enforcement of rights, for relief, for redress of injuries, for damages or for any remedial object.2nd edn., p. 947.9. stroud points out that the word 'proceeding' may mean according to the context, either 'any action' or 'any proceeding in the action'. (stroud's legal .....

Govindasamy Mudaliar Vs. Rasu Mudaliar

Court : Chennai

Reported in : 156Ind.Cas.791

..... in this case relates to the construction of section 17(2)(vi) of the indian registration act. under the clause as it originally stood, 'decree and orders of courts and awards' were excepted from registration; but by an amendment by section 10, of the transfer of property (amendment) supplementary act. 1929, the following clause was substituted;any ..... part of the decree should be confined to the actual subject-matter of the suit; then turning to the indian registration act of 1908 and considering the meaning of the word 'decree' section 17(2)(vi) they further held that there was no reason why a limit should be imposed upon ..... interpreted words altogether different, namely 'relates to the suit' occurring in a statute like the civil procedure code? again is it a far-fetched inference that the amendment was made with a view to alter the law as laid down in hementa kumari debi's case 53 ind. cas. 534 : 46 i.a. ..... it, both the operative part and the part relating to matters outside the suit. it was while the law was in this state, that the amendment was made.4. the question that arises is, does the consent decree in question comprise immovable property which is the 'subject-matter of the suit ..... however made, for aid in enforcement of rights, for relief, for redress of injuries, for damages or for any remedial object': 2nd edition, page 947.9. stroud points out that the word 'proceeding' may mean according to the context either 'any action' or 'any proceeding in the action'. (stroud's legal .....

Emperor Vs. Bhawani Prosad Bhattacharjee and ors.

Court : Kolkata

Reported in : AIR1935Cal561,157Ind.Cas.1070

..... to murder passed a series of acts-the bengal criminal law amendment acts. the first act-the main act is act 9 of 1925 which has been modified from time to time. it has now been modified by the subsequent acts of 1932 and 1934. section 6, bengal criminal law amendment act of 1925, as now amended, reads as follows:the commissioners may ..... if these words had been added, we think the commissioners would have been able to pass the sentence of death; but the bengal criminal law amendment act 1925, section 6 does not say that. it is a penal enactment and as a penal enactment it has to be construed strictly. it is not open ..... come to the conclusion that the commissioners have properly found monoranjan guilty of conspiracy with regard to the contravention of section 14, arms act. 'conspiracy' is dealt with in the indian penal code in section 120-b which provides:whoever is a party to a criminal conspiracy to commit an offence punishable with death, transportation ..... he got rid of the weapons. he seems to have known and appreciated more than the others the danger of having such weapons with him.10. the next day monoranjan and the girl ujjala visited these two young men and during the course of the visit the two young men went out ..... stepped up in front of his excellency's box with a pistol in his hand, steadied his arm and shot from a distance of about 10 feet at sir john anderson. almost at the same time,-perhaps a second or two later-another man standing somewhat to the side of his excellency .....

T.V.K. Kamaraja Pandiya Naicker Vs. Secretary of State

Court : Chennai

Reported in : 162Ind.Cas.419

..... upon them by the respondent. it will be for the legislature to determine how far the scheme of sub-clause (3), section 79, requires modification in view of the existing state of the law under the estates land act. even the amendment made in 1930 does not seem sufficient to avoid anomalies; because according to it the assessment on neighbouring occupancy lands is ..... head of private lands, were originally held by zamindars free of assessment and it is hardly likely that they bore anything like faisal rates even for purposes of zamindari account.10. the position taken up in the written statement, that in the case of pannai lands the annual rental value must be taken to be the actual income or the lease ..... courts had prima facie no jurisdiction and, therefore, there is no question of any ouster of their jurisdiction. dicisions like bhai shankar v. municipal corporation of bombay 31 b 604: 9 bom. l r 417 and nataraja mudaliar v. municipal council of mayavaram : (1911)21mlj878 fall under this category, where the right or status was itself the creation of the statue ..... ., the district municipalities act, the revenue recovery act, is a clear indication, that such legislation in this country has proceeded on the footing that the party aggrieved is entitled to seek redress in the civil court except in so far as the fame is barred in clear terms and it is on this basis that numerous decisions of the indian high courts have .....