Judgment Search Results Home > Cases Phrase: indian boilers amendment act 2007 section 10 amendment of section 9 Sorted by: old Court: privy council Year: 1939 Page 1 of about 36 results (0.138 seconds)

Pakala Narayana Swami Vs. Emperor

Court : Mumbai

Reported in : (1939)41BOMLR428

..... any inquiry or trial in respect of any offence under investigation at the time when such statement was made. 8. this section which in its amended form was substituted for the original section by section 34 of the code of criminal procedure amendment act, 1923 has been the subject of repeated decisions in the high courts of india and has given rise to a distinct cleavage ..... for use in the three following articles, confession secured by inducement, made upon oath, made under a promise of secrecy. the definition is not contained in the indian evidence act, 1872 : and in that act it would not be consistent with the natural use of language to construe confession as a statement by an accused 'suggesting the inference that he committed' the crime ..... the mischiefs to which they intended to redress. (lord halsbury l.c. in commissioners for special purposes of income tax v. pemsel [1891] a.c. 531.10. in this case the words themselves declare the intention of the legislature. it therefore appears inadmissible to consider the advantages or disadvantages of applying the plain meaning whether in the ..... the reported decisions : and they have come to the conclusion that the words of the section lead to the conclusion that the statement is not admissible even when made by the person ultimately accused.9. the reference in the section to 'this chapter' is to the group of sections beginning with chapter xiv forming part v of the code entitled 'information to the police .....

The Oudh Commercial Bank, Ltd. Vs. Bind Basni Kuer

Court : Mumbai

Reported in : (1939)41BOMLR708

..... made conditional upon the judgment-debtor carrying out the terms agreed. the fact that the parties or their advisers or the officials of the revenue court desired to have an amended decree from whatever court was competent to give it resulted in the subordinate judge at fyzabad taking action in continuation of what he had done in october, 1923, which unexpectedly ..... money necessary to make the promised payments. this agreement was not fully carried out, but time was given to the judgment-debtor who made several payments in 1926. on march 9, 1927, a final agreement was made by the parties. this final agreement was embodied in a petition of compromise which fixed the amount then due at about three and a ..... 's court dated august 29, 1918.5. both parties obtained a certificate enabling them to appeal to his majesty in council from this decree of december 16, 1918. on february 9, 1920, by order in council on the judgment-debtor's petition, a stay was granted until the determination of the appeal, upon the terms (a) that the judgment-debtor would ..... the indian limitation act did not apply to the period limited by section 48 of the code. they also held that the appellants could not in any case have execution for any higher rate of interest than six and a half per cent. from their decision dismissing the appellants' application for execution the present appeal has been brought to his majesty in council.10 .....

Mahant Narsidasji Balmukunddasji Vs. Bai Jamna

Court : Mumbai

Reported in : AIR1939Bom354; (1939)41BOMLR787

..... is really in point. in valli v. mahmad : air1914bom117 the trial court had dismissed a suit for non-payment of court-fees, under section 10 of the court-fees act, and in appeal the district judge held that the proper procedure was to reject the plaint under this rule. but he allowed the plaintiff ..... cross-objections mr. thakor for the plaintiff has repeated the contention that the wills are void for undue influence. he relies on section 16 of the indian contract act, section 89 of the indian trusts act, and on the equitable rule which has been referred to in shivgmgawa v. basangouda (1937) 40 bom. l.r.132 that ..... which plaintiff was ordered to pay were not paid, the plaint should have been rejected under order vii, rule 11, of the civil procedure code, and that an amendment of the plaint was not permissible. the rule says:the plaint shall be rejected in the following cases:-(a) where it does not disclose a cause of ..... the plaintiff has in fact corrected the valuation which is all that is necessary under clause (b) of the rule and the plaint after the amendment was no longer undervalued. this reasoning may perhaps be rather technical but then so is the objection.13. then it was argued that the suit relates ..... estate of ambalal in the hands of the executors. defendants nos. 1, 2 and 4 have appealed, and there are cross-objections by the plaintiff.9. the first point taken by the learned advocate general, who appears for the appellants, is that the suit is in effect one for possession of the .....

His Highness Sri Sri Sri Lieut-col. Sir Rajah Velugoti Govinda Krishna ...

Court : Chennai

Reported in : (1939)1MLJ831

..... first pittapur cases are no longer effective in this province so far as the estates mentioned in the act are concerned. by the madras impartible estates second amendment act, 1934, sections 9 to 15 were added to the act of 1904. section 9 mentions the persons who are entitled to maintenance out of an impartible estate governed by the ..... had been displaced as a result of sartaj kuari's case (1888) l.r. 15 i.a. 51 : i.l.r. 10 all. 272 (p.c.). more recently by an amending act (xii of 1934) express provision has been made recognising a right of maintenance in favour of descendants up to the third degree, while ..... experience in the district they fully recognize. 25. the reference to maintenance to be found at page 62 of the report of sartaj kuari's case in 15 indian appeals consists of a quotation from the judgment in periasami v. periasami (1878) l.r. 5 i.a. 61 : i.l.r. 1 mad. ..... of paying allowances to the other members of our family, suitably to their respective status out of the income from the estate and the properties. 10. not only is it inconceivable that the members of this ancient family should contemplate an illegitimate son ascending the gaddi but it will be observed that ..... impartible and should descend along the eldest line of descent; (2) muttukrishna, venkatakrishna and venugopal should each receive a sum of rs. 5,81,252-11-10; (3) muttukrishna, venkatakrishna and venugopal should also receive a sum of rs. 40,000 each for the purpose of purchasing or building a residence; (4) .....

Emperor Vs. Nathalal Vanmali

Court : Mumbai

Reported in : AIR1939Bom339; (1939)41BOMLR548

..... birth, namely, seizure of something other than an instrument of gaming. the learned government pleader says that that construction reduces the amendment of the act to a nullity, and that what the section really means is that where there is found in a raid an instrument of gaming, or something which is reasonably suspected ..... it is not permissible to call a witness to explain to the court what a document means, unless such a witness is an expert under the indian evidence act. it is for the court to ascertain what the document means, though no doubt a witness may suggest methods by which an intelligent meaning can ..... the prosecution. the two witnesses on whom they principally relied, purshottam, exhibit 6, and; jasubhai, exhibit 5, were both produced at a very late stage.10. with regard to the alleged dealings in ank-farak, there is no evidence at all. with regard to the gambling in american futures, the only document ..... think, therefore, that the appeal of government fails.8. account books, papers and things seized to be returned to the accused.n.j. wadia, j.9. the case of the prosecution was that accused nos. 1 and 2 were carrying on gambling in american futures and in ank-farak and teji mandi transactions ..... accounts of the accused, which are put in, for example, of dealings by accused nos. 1 and 2 with accused' nos. 4, 6, 7 and 9, seem to be ordinary accounts, which one would expect in dealings of this nature. they show the bales purchased and the bales sold. sometimes the transaction is .....

Jaisukhlal Harishankar Girnara Vs. Mahomed HusseIn Dawoodbhai Karwa

Court : Mumbai

Reported in : AIR1939Bom522; (1939)41BOMLR1084

..... plaintiff to obtain the necessary endorsement or certificate to comply with the provisions of section 79 of the indian evidence act. if the plaintiff succeeds in proving that genuine certified copies are in accordance with the copies annexed to the plaint, the ..... copies filed has not been challenged. when the plaintiff tendered certain copies it was pointed out that proof as required by section 79 of the indian evidence act was not forthcoming to show that the certified copies were genuine. the matter has, therefore, to be adjourned to enable the ..... tendered the relevant portion of the limitation act of the junagadh state, being article 145 of act i of s. 1954 (1898) and the amending act of s. 1990 (1934). under the first act six years' period was prescribed for execution of a decree. under the amending act that period was curtailed to three years ..... no. 100 of s.y. 1984-85 in the sadar adalat court of the junagadh state ; but the appeal was dismissed on february 9, 1929. defendant no. 1 being still dissatisfied with the decision filed a second appeal in the huzur adalat at junagadh ; but the same ..... suit will be decreed as the defence of limitation fails. in order to enable the plaintiff to obtain the necessary certificate, the suit is adjourned for three weeks to be on board that day as part-heard.5. march 10 .....

R. Ezekiel Vs. the Province of Bengal

Court : Kolkata

Reported in : AIR1939Cal746

..... to the assets of the company. the decree gave mrs. ezekiel liberty to realize the assets and proceed with pending suits, which had been instituted by the official receiver. consequential amendments to the plaint were made on 22nd june 1938, in accordance with which mrs. ezekiel has become plaintiff in the place of the official receiver. the reliefs sought include a ..... 1936 the commissioner wrote to the company's solicitors stating that the security deposit could not now be refunded. at this time a prosecution for offences under the excise act and the indian penal code was pending in the magistrate's court at ali pore against david ezekiel, who was an endorsee of the note and was also interested in davidsons limited ..... 20th september 1933 the company wrote to the collector of excise enclosing a government promissory note in the five per cent, loan, 1945.55, of the face value of rs. 10,000. the company in their letter to the collector describe the note asdeposit money in connexion with the establishment of a private warehouse by us at 6, cooper's lane ..... government to return the note, and that, under the well-known principle which is embodied in section 117, evidence act, being bailees they were not at liberty to refuse to return it on the ground of some interest which they allege still subsists in david ezekiel.9. i also consider that the government cannot after their refusal improve their position by obtaining ex .....

Surendra Bahadur Singh Vs. Behari Singh

Court : Mumbai

Reported in : (1939)41BOMLR1047

..... officer and of the identifying witnesses affixed to the registration endorsement under sections 58 and 59 of the indian registration act amount to sufficient attestation within the meaning of section 59 of the transfer of property act read with the aforesaid amending acts?38. the full bench answered that question in the affirmative.39 ..... .23. what is meant by the word ''attested' is stated in section 3 of the transfer of property act.24. the definition was inserted in the interpretation clause by act 27 of 1926 and made retrospective by act 10 of 1927. it runs as follows :attested,' in relation to an instrument ..... 10. the learned judge, however, relying on a full bench decision of the madras' high court veerappa chettiar v. subrammia ayyar i.l.r. (1928) mad. 123 held that the signatures of the registering officer and of the identifying witnesses affixed to the registration endorsement were sufficient attestation within the meaning of the transfer of property act and its subsequent amending acts ..... answer to the second question must be in the negative.14. it appears from the judgment of the division bench delivered on november 10, 1932, that when the appeal came before the division bench for further hearing it was conceded that on the record as it stood ..... per cent. interest in order to pay off prior mortgages at a higher rate of interest. the defendant-respondents nos. 1-9 are heirs of himmat singh, no. 10 is lachman singh, nos. 11, 12 and 13 are mulu singh and his two sons and nos. 14 to 24 .....

Bhaya Mohammad Asim Khan and Others Raja Saadat Ali Khan and Others

Court : Privy Council

..... the time being in force."and the punjab legislature used the same opening phrase in the parallel ss. 9 and 10 of the punjab courts act, 1914 [punjab act 3 of 1914]. sec. 12 (1) of the oudh act was a condensed version of its predecessors and s. 13 introduced little variation save for the reference to ..... force, for the presentation of appeals to his majesty in council, or their conduct before the said judicial committee. the oudh courts act (u. p. act 4 of 1925) was passed to amend and consolidate the law relating to the courts in oudh. before 1925, the highest court in oudh was the court of the ..... right to appeal from the trial judge direct to his majesty under sec. 109 (b), civil p. c., and that in any event the former act being an act of a local legislature could not repeal the rights given by an act passed by the indian legislature. this petition having been heard by the board on 5th ..... . if no other appeal be provided there can be no difficulty. hitherto alternative or optional jurisdiction in appeal has never been a feature of the indian system of judicature. on the other hand their lordships have difficulty in regarding ss. 109 and 110 of the code as directed to prohibiting an ..... but they are unable to interpret these as intended to restrict the discretion of the present board after hearing full argument upon the effect of the indian enactments. indeed, they are not of opinion that the question whether special leave ought to have been granted can be confined to a bare question .....

Kunwar Surendra Bahadur Singh and Others Vs. Thakur Behari Singh and O ...

Court : Privy Council

..... ) held that the signatures of the registering officer and of the identifying witnesses affixed to the registration endorsement were sufficient attestation within the meaning of the transfer of property act and its subsequent amending acts. he therefore made a decree against the representatives of himmat singh, mulu singh and lachman singh, declaring their several liabilities to pay their proportionate shares of the amount ..... to notice that the court recognized how necessary it was to have the above-mentioned findings of fact before holding that the provisions of s. 59, transfer of property act and its amending acts had been complied with. the full bench of the allahabad high court in the case now under consideration declined to follow the above-mentioned decision in 52 mad 123 ..... plaintiffs have appealed to his majesty in council. it is necessary to refer to certain sections of the indian evidence act (1 of 1872) and of the transfer of property act (4 of 1882) : the most material are s. 68, evidence act, and ss. 3 and 59, t. p. act. sec. 68, evidence act, is as follows : 68. if a document is required by law to be attested ..... loan of rs. 18,000 and 4 per cent. interest in order to pay off prior mortgages at a higher rate of interest. the defendant-respondents 1-9 are heirs of himmat singh, no. 10 is lachman singh, nos. 11, 12 and 13 are mulu singh and his two sons and nos. 14 to 24 are various transferees. before the execution of .....