Court : Mumbai
Reported in : (1935)37BOMLR499; 158Ind.Cas.824
..... affects the prerogative of the crown.this also does not seem to extend the powers of a provincial legislative authority to make laws affecting the crown. this act, however, was followed by the amending act of 1916, section 2 (2) of which provides that after the words ' governor-general in legislative council' the words ' or a local legislature ' should be inserted, and the rival ..... the contention that the whole intention of the legislature was to make section 84 as also section 2 (2) of the amending act of 1916 applicable to the laws which any authority in british india might make in the future. i am, therefore, clearly of opinion that the act of 1888 was intra vires.9. the next question is whether the crown is bound by the ..... invalid by reason only that the same affects any prerogative of the crown, but. that saving -provision does not extend to the act of any local legislature. a similar provision is to be found in section 24 of the indian councils act, 1861. there is, therefore, undoubtedly force in the contention of the advocate general that in the year 1888 the local legislature had ..... scheme of the act and the other sections in this particular chapter, which deals with the question of taxation. this question has been dealt with in the judgment which has been delivered by my lord the chief justice, and as i entirely agree with it, i do not think it necessary to go into any detailed discussion on this question.10. the whole .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1935Bom347; 158Ind.Cas.151
..... made by the governor-general in legislative council, because it affects the prerogative of the grown.10. this also does not seem to extend the powers of a provincial legislative authority to make laws affecting the crown. this act however was followed by the amending act of 1916, section 2 (2) of which provides that after the words 'governor-general in legislative council' the words ..... be invalid by reason only that the same affects any prerogative of the crown, but that saving provision does not extend to the act of any local legislature. a similar provision is to be found in section 24, indian councils act, 1861. there is therefore undoubtedly force in the contention of the advocate-general that in the year 1888 the local legislature had no ..... the bombay act 3 of 1888 is ultra vires the local legislature inasmuch as it affects the prerogative of the crown. in hiranand kirpalani v. secy ..... of the act imposing taxation on land in bombay including government land. i think therefore the judgment appealed from was right, and the appeal must be dismissed with costs, with the variation that the provisions about costs and interest in the judgment should be struck out.ramgnekar, j.9. i agree. the first question raised by the appellant is that section 212 of .....
Tag this Judgment!Court : Kolkata
Reported in : [1935]3ITR295(Cal)
..... the 5th of december, 1934, a rule was issued by mr. justice lort-williams and mr. justice jack in the matter of an application under section 66(3) of the indian income-tax act, 1922 at the instance of jawala prasad chobey calling upon the commissioner of income-tax, bengal, to show cause why he should not draw up ..... of the case mentioned in the petition on which the application was based and refer that statement of the case to this court under section 66(3) of the indian income tax act for its opinion on the questions of law referred to in the order made by this court. those questions of law were stated ..... they were included in business and if the dividends had then come to light the result would have been that the assessee would have been required to amend his return so as to put the dividends under the proper head. as that has not been done it must be assumed that the investigation did not ..... present petitioner submitted a revised return as he was entitled to do under the provisions of section 22(3) and in that revised return the statements in the column heading 'amount of profits or gains or income during the previous year' were amended. under heading 1 'salaries' he put the word 'nil'; under heading 1-b ..... (2) of the income tax act on the 3rd of june, 1929 and in that return he showed his income under the heading 'business, trade, commerce, manufacture, or dealing in property, shares or securities' that is to say, heading 5 as being the sum rs. 9,412-10-0, that is to say, he gave that .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1935All579
..... the evidence of the child requires corroboration. in my opinion it would be well if the indian evidence act and the oaths act were amended in this particular and if it were not left to the courts to apply section 13, oaths act, in this connection.7. the next point on which arguments centred was in regard to the ..... reference was made to the ruling of queen empress v. maru (1888) 10 all. 207; but in this bench ruling no reference was made to the provisions of section 13, oaths act, and therefore this ruling cannot he taken as an authority on that section. in a later ruling of emperor v. dhani ram 1915 all. 437 ..... in this high court and in. other high courts. in the case of queen empress v. maru (1888) 10 all. 207 a learned single judge, the late mahmud, j. took the view that these words in section 13 will only coyer an accidental omission and the view was taken in queen empress v. lal sahai (1889 ..... that when a magistrate has been ordered to commit an accused person for trial, the magistrate can only act under ch. 18, criminal p.c. and if he acts under that chapter, he must therefore hold an enquiry.9. we consider that this is a very narrow view to take and that the particular view of ..... court or whether it means that the appellate court directs the magistrate to pass an order of commitment under section 213. in sessions judge of mangloer v. malinga (1908) 31 mad. 40. queen empress v. krishna bhat (1886) 10 bom. 319 and in the matter of kalagava bapiah (1904) 27 mad. 54 this matter has been .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1935All706; 157Ind.Cas.157
..... 1922. there is no such section in the later amending act (act 9 of 1929). on the other hand, the act is professedly not a declaratory or an explanatory act but is an amending act, and it is not only called the agra preemption (amendment) act; the preamble to the act makes it clear that the legislature considered it expedient further to amend the agra preemption act of 1922 and it was ..... in with the general scheme of the statute or is inconsistent with other provisions therein embodied is not justified by the excuse that the cursus curiae should be maintained. sections 10 and 11, preemption act, to which the-attention of the full bench was not drawn, have, in my opinion, an important bearing on the question before us. they run as ..... procedure rather than a rule of substantive law. mark the similarity between the opening words of section 11, civil p.c. and section 19. both sections embody directions to the court and have no reference to the substantive rights of the parties. similarly, section 3, indian. limitation act, directs courts not to entertain a suit instituted after the expiry of limitation provided therefor. none ..... of these is a rule of substantive law. all of them provide the manner in which the ?court is to act. to my mind, section 19, read with the proviso, lays down how .....
Tag this Judgment!Court : Mumbai
Reported in : (1937)39BOMLR502
..... spoke not of his own knowledge but of what he had heard, and objections were rightly taken to the relevance of his proffered evidence : indian evidence act, section 32, sub-section (4), and section 49.4. ultimately for the reasons that i am about to state i considered it best to stop further evidence of the same kind being ..... such allegations, the general hanafi law as expounded in the recognized texts must prevail.43. i suggested to the plaintiffs' counsel, moreover, that if any amendment to the plaint was sought as a preliminary to reliance upon special custom or usage, or upon any alteration of the general hanafi law in regard to ..... let not your wealth divert you from remembrance of god : and expend in giving alms and become of the just ere death surprise each of you.' (lxiii : 9, 10 abbreviated; see also lxv : 8; xlvii : 175). visitors to graves being reminded that death may surprise them, incline to give 'a due share of their wealth ..... the pleadings. i, therefore, desired that the texts that were alluded to should be produced, and promised to consider sympathetically any application for amendment of the plaint. but no texts were produced nor any references given. nothing definite was stated on the subject. no application for ..... amendment to the plaint was made.44. but even assuming that counsel's statement can be supported in its widest terms by texts, the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1935All862
..... regard to that property. this is shown in the ruling pf their lordships at pp. 496 to 498. subsequently by act 21 of 1929 this section 17(2), registration act, has been amended and it now except s a compromise decree passed in regard to property which is not the subject of the suit. ..... but the compromise with which we are dealing was of 8th august 1922, before this section 17(2) of the act had been amended. clearly therefore registration was not necessary for the compromise even so far as it affected the property of syed muhammad khan which ..... the political pension in the former suit was in fact an invalid and void offer, the counter promise is enforceable. so far as the indian contract act, is concerned, all considerations and objects of an agreement are unlawful which are of such a nature that if permitted they would defeat the provisions ..... defendants filed an appeal and the lower appellate court dismissed the suit of the plaintiffs on the ground that the compromise was void under section 12, pensions act.9. the plaintiffs came in appeal to this court and the learned single judge of this court has held that samiulla khan was not a ..... therefore restored the decree of the trial court.10. in letters patent appeal the first point which has been argued is that section 12, pensions act, renders the compromise decree invalid. now section 12 refers to 'any pension, pay or allowance mentioned in section 11' and section 11 seta out:no pension granted or continued by .....
Tag this Judgment!Court : Mumbai
Reported in : (1935)37BOMLR955
..... , chief justice, based his finding on a legislation of 1926 and 1927. the head-note runs :-the amendment made by act xxvii of 1926 in the definition of the word 'attest' in section 3 of the transfer of property act, 1882, has been given a retrospective effect by act x of 1927.13. in yakubkhm v. guljarkhan (1927) 30 bom. l.r. 565, which was an ..... -which are not very plain-he gave the defendants an option of paying compensation instead of giving up the land, and decided that the amount of compensation proper was rs. 9,377.4. this appeal has been filed by the society and by ramanlal. the secretary of state is shown as respondent no. 2. the rights of the parties depend on ..... act, 1912.the learned subordinate judge has, as i have said, followed the decision of this court that this society ..... illegal, since in his opinion the society was not a ' company ' within the meaning of the land acquisition act. a 'company' is denned in section 3 (e) of that act-the expression company means a company registered under the indian companies act, 1882, ... and includes a society registered under the societies registration act, 1860, and a registered society within the meaning of the co-operative societies .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1935All935
..... . emperor 1925 all. 448 and raghunath kandu v. emperor 1926 all. 227. in each of these cases there was a charge under section 34, police act, and a conviction under certain sections of the indian penal code, section 279 in one case and section 290 in the other. but it appears to me that the view of the learned judge of this court was that these ..... were not cases which would fall' under section 237 or section 238, criminal p.c., and therefore an amendment of the charge sheet was necessary. the ..... that the court cannot be said to have omitted to put any important point to the jury from which they could have drawn a conclusion in regard to this duster.10. the next argument which was made on behalf of laltu was in regard to the age of the girl and it was stated that the charge to the jury should ..... present case however is different as the charge was of a rape and the conviction was of abetment of rape and i consider that no amendment of the charge sheet was necessary.9. the next point argued is on .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1936Cal57
..... the high court or in scotland to the court 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 ..... inland steam navigation workers' 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 ..... may be prescribed, the particulars relating to the trade union contained in the statement accompanying the application for registration. section 9 prescribes the form of the certificate of registration; section 10 deals with cancellation of registration. section 15 sets out the objects on which the general funds of the union may be spent. section 16 deals with the constitution of a separate fund for political purposes ..... . (2) the appellate court may dismiss the appeal, or pass an order directing the registrar to register the union and to issue a certificate of registration under the provisions of section 9 or setting aside the order for withdrawal or cancellation of the certificate, as the case may be, and the registrar shall comply with such order. (3) for the purposes of .....
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