Judgment Search Results Home > Cases Phrase: indian boilers amendment act 2007 section 10 amendment of section 9 Sorted by: old Year: 1935 Page 2 of about 42 results (0.553 seconds)

Mathuradas Vassanji Vs. Raimal Hirji

Court : Mumbai

Reported in : AIR1935Bom385; (1935)37BOMLR642; 159Ind.Cas.533

..... no such argument has been addressed to me.12. i will consider first the substantial rights of the parties, dependent mainly upon the legislative directions in the indian succession act, laying down the manner in which the estates of deceased persons shall be administered. it will then be necessary to consider certain adjectival difficulties.13. the ..... be.11. the assets of the estate have thus been gradually depreciating, and its liabilities have been gathering force by accumulations of interest and other charges. the indian succession act, section 323 (to which i shall refer more fully), provides for an equal and rateable payment of the creditors : no creditor who has been paid off ..... treating a creditor's action against a deceased person's estate as an administration suit and insisting upon the amendment of the plaint in such a suit on that basis. where the plaintiff is not willing to amend, the court if it finds the claim proved, should pass a decree simply giving him a declaration of .....

The Secretary of State for India Vs. the Municipal Corporation of Bomb ...

Court : Mumbai

Reported in : (1935)37BOMLR499; 158Ind.Cas.824

..... in legislative council and the local legislature respectively the power to enact future laws for their respective territories. then the question is what is the effect of the amending act of 1916 in my opinion, the effect is to validate the laws already made by a local legislature in the past to the same extent as in the ..... the words so permit, has no application. now the-position of the section is of some consequence. it comes at the end of part vi of the act, which is entitled 'indian legislation', and the power of the governor general to legislate so as to affect the prerogative of the crown is. not inserted amongst his general legislative powers ..... 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 .....

Secy. of State Vs. Municipal Corporation

Court : Mumbai

Reported in : AIR1935Bom347; 158Ind.Cas.151

..... in legislative council and the local legislature respectively the power to enact (future laws for their respective territories. then the question is what is the effect of the amending act of 1916. in my opinion the effect is to validate the laws already made by a local legislature in the past to the same extent as in the case ..... words so-permit, has no application. now the position of the section is of some consequence. it comes at the end of part 6 of the act, which is entitled 'indian legislation', and the power of the governor-general to legislate so as to affect the prerogative of the crown is not inserted amongst his general legislative powers conferred ..... 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 .....

Stewart Dry Goods Co. Vs. Lewis

Court : US Supreme Court

..... must sustain the claim that the classification made by 2 denies the appellants the equal protection of the laws assured by the fourteenth amendment. page 294 u. s. 555 the trial court's relevant findings are: the act is essentially a revenue measure. the tax is on gross sales, not on gross collections from vendees. sales made by merchants taxed ..... mr. justice stone join in this opinion. [ footnote 2/1 ] the problem is discussed by stone, j., with a reference to many treatises on finance, in his dissenting opinion in indian motocycle co. v. united states, 283 u. s. 570 , 283 u. s. 581 . [ footnote 2/2 ] bulletin 74 deals with the operations of department stores for 1927. ..... the burden rests. . . . to use the number of gallons sold . . . as a measure of the privilege tax is, in substance and legal effect, to tax the sale." and in indian motocycle co. v. united states, 283 u. s. 570 , a federal tax upon motorcycles "sold . . . by the manufacturer" was held to be an excise on the sale, and the .....

Jawala Prasad Chobey Vs. Commissioner of Income Tax, Bengal.

Court : Kolkata

Reported in : [1935]3ITR295(Cal)

..... 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 a statement of the ..... 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 'the interest accruing to the account mentioned in 1-a which is not exempt for income tax ..... , if in fact 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 disclose the fact .....

Sahdeo Ram Vs. Emperor

Court : Allahabad

Reported in : AIR1935All579

..... provision that 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 provisions ..... a person not realising the significance of an oath, and his obligation to state the truth and liability for speaking falsehood. so far as the indian acts are-concerned. section 5 of the oaths act makes it obligatory upon all persons who may be lawfully examined or may give evidence to take the oath or solemn affirmation; and section 118 ..... in; some material particular implicating the accused. this provision comes from the statute of the children act, 1908, 8 edward, 7 c. 67. section 30. we consider that this provision of the english law is sounder than the provision of the indian law in two respects: in the first place it makes provision for a child who may .....

Haidar HusaIn Vs. Puran Mal and ors.

Court : Allahabad

Reported in : AIR1935All706; 157Ind.Cas.157

..... of sale, but it has now been held against him that it was, in reality, a transaction of gift and not of sale. on 15th february 1930 the amending act (act 9 of 1929) came into force. on 20th december 1930, the first court decreed the suit, but on appeal the lower appellate court has dismissed it.9. the ..... the plaintiff's right of preemption, having been once lost on account of the defendant's acquisition, cannot be revived by the subsequent passing of the amending act and that the new amendment does not revive extinguished rights. i would therefore dismiss the appeal.kendall, j.22. i agree throughout with the judgment of the learned chief justice. ..... 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 .....

Mahomed Oosman Vs. Essack Saleh Mahomed Vanjara

Court : Mumbai

Reported in : (1937)39BOMLR502

..... sayyad muhammad. but the witness 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 ..... in support of 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 the subject-matter ..... made to form part of 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 .....

Bishan Sarup Vs. Musa Mal and ors.

Court : Allahabad

Reported in : AIR1935All817

..... not affected by the question whether the suit is maintainable under section 42 or by any action subsequently taken by the plaintiff to obtain an injunction otherwise than by amendment of the plaint.39. in mohammad ismail v. liyaqat hussain : air1932all316 , it was held that:the question of court-fees must be decided with reference ..... a bench of this court reported in radha krishna v. ram narain : air1931all369 . that was a suit for cancellation of a compromise and decree. the plaintiff amended his plaint to the effect that there should be declaration that the petition of compromise and the decree were ineffectual against the plaintiff and he was not bound thereby ..... plaint and the decision is not affected by the question whether the suit is maintainable under section 42, specific relief act, or by any action subsequently taken by the plaintiff to obtain an injunction otherwise than by amendment of the plaint.32. in venkata ramani iyer v. narayanaswami iyer 1925 mad. 713, it was remarked that: .....

Ahmad Ali Khan and anr. Vs. Riyasat Ali Khan and ors.

Court : Allahabad

Reported in : AIR1935All862

..... 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 was not the property in dispute ..... was unnecessary even in 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 ..... withdrawal of the claim to 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 of any law. .....