Judgment Search Results Home > Cases Phrase: indian boilers amendment act 2007 section 10 amendment of section 9 Sorted by: old Year: 1939 Page 1 of about 47 results (0.419 seconds)

Pakala Narayana Swami Vs. Emperor

Court : Mumbai

Reported in : (1939)41BOMLR428

..... 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 ..... to death. the appeal is based upon the admission of certain evidence said to be made inadmissible by provisions of the code of criminal procedure and the indian evidence act; and is further maintained upon the contention that whether the disputed evidence be admitted or not, and certainly if it ought to have been rejected, there ..... 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 .....

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

Court : Mumbai

Reported in : (1939)41BOMLR708

..... they could not be allowed to treat any other date than january 22, 1916, as the date of the decree and that sections 19 and 20 of 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 ..... court and so forwarded the compromise also'. no doubt the learned judge was much puzzled as to the proper course to take on receiving the request to obtain an amended decree. their lordships appreciate his difficulty, but in these circumstances they cannot think it right to regard the appellants' application as a fresh application in the sense of ..... execution, discharge or satisfaction of the decree, the provisions of section 47 involve that questions relating to such terms may fall to be determined by the executing court. 'amendment', or alteration of the decree whether under section 152 or by review is a different matter under the code. no doubt an adjustment, if not recorded under order xxi .....

Mahant Narsidasji Balmukunddasji Vs. Bai Jamna

Court : Mumbai

Reported in : AIR1939Bom354; (1939)41BOMLR787

..... 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 when a person obtains ..... . on that view 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 to a public ..... additional court-fees 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 action : (6 .....

City of Texarkana Vs. Arkansas Louisiana Gas Co.

Court : US Supreme Court

..... which the texas city sought relief and refund. the district court granted the city's motion to strike the answers and counterclaim and, the gas company declining to amend, decreed that ix was a binding contract between the parties; that it was inapplicable to the period prior to december 1, 1933; that refund should be ..... certiorari relies upon the alleged error of the lower court in deciding that the section was invalid and inapplicable. abdication or delegation of regulatory power. by the act to incorporate the city of texarkana, texas, the legislature granted a special charter which contained delegations of power to the municipality to contract for utilities and to ..... to february 16, 1934. this refund is claimed because the arkansas consumers obtained these lower rates by the arkansas decree of december 1, 1933, and the voluntary act of the gas company in collecting the lower rates from the date of the decree to february 16, 1934. on final affirmance of the arkansas litigation, it seeks .....

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

Court : Chennai

Reported in : (1939)1MLJ831

..... 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 in regard to others, the law was ..... . natarajan (1931) 61 m.l.j. 522 : l.r. 58 i.a. 402 : i.l.r. 55 mad. 1 (p.c), the judicial committee left this question open and no indian authority has been quoted to us on the subject. the question must then be decided on principle. if a person is entitled in law to be maintained out of an ..... judge whose 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. 312 (p.c.), where mention is .....

Emperor Vs. Nathalal Vanmali

Court : Mumbai

Reported in : AIR1939Bom339; (1939)41BOMLR548

..... of the very event which gives it 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 ..... the face of them instruments of gaming, and the learned government pleader, therefore, relies particularly on the words which were added to section 7 by an amendment in 1936.3. section 7, as amended, provides that in certain events the house, room or place raided under section 6 shall be presumed to be used as a common gaming house until ..... , i think 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 be given to .....

Jaisukhlal Harishankar Girnara Vs. Mahomed HusseIn Dawoodbhai Karwa

Court : Mumbai

Reported in : AIR1939Bom522; (1939)41BOMLR1084

..... 1, mr. desai 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. in order to ..... of 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 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 suit will be decreed as the .....

R. Ezekiel Vs. the Province of Bengal

Court : Kolkata

Reported in : AIR1939Cal746

..... 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 ..... 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 ..... limited and unequivocal refusal to part with the note on the part of the government. i do not think any useful purpose would be served by insisting on an amendment of the plaint setting out these facts. in my opinion it was the duty of the government to return the note, and that, under the well-known principle .....

Surendra Bahadur Singh Vs. Behari Singh

Court : Mumbai

Reported in : (1939)41BOMLR1047

..... 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. it is material to ..... and the identifying witnesses affixed to the registration endorsement under sections 58 and 59 of the indian registration act (xvi of 1908) were a sufficient attestation within the meaning of section 59 of the transfer of property act and its subsequent amending acts. it is to be noted that when the appeal in that case was originally before ..... how necessary it was to-have the above-mentioned findings of fact before holding that the provisions of section 59 of the transfer of property act and its amending acts had been' complied with.40. the full bench of the allahabad high court in the case now under consideration declined to follow the above- .....

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

Court : Privy Council

..... 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 ..... purported to sign as attesting witnesses of the execution of the mortgage deed. the learned counsel for the appellants drew their lordships' attention to several cases in the indian law reports which showed that there is a conflict of authority in india on this question; their lordships do not consider it necessary to examine them in detail or ..... 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 .....