Judgment Search Results Home > Cases Phrase: indian boilers amendment act 2007 section 10 amendment of section 9 Sorted by: recent Year: 1935 Page 1 of about 42 results (2.379 seconds)

Kissondas Premchand Vs. Jivatlal Pratapshi and Co.

Court : Mumbai

Reported in : AIR1936Bom423; (1936)38BOMLR864

..... subordinated to the claims of other creditors merely because section 323 directs the executor to distribute the estate rateably if that estate is insufficient. the scheme under the indian succession act seems to me to be this, namely, that when the executor finds that the assets of a deceased person are insufficient for the payment of his debts in ..... , and to grant the application would deprive the defendants of a vested right of pleading limitation against the plaintiff, and no court under such circumstances would grant the amendment. but the fact remains that the plaintiff himself admitted in his evidence that the moneys became due on october 1, 1926, and that he went to demand the ..... of the east india cotton association could not ripen until may, 1927, as the contract was of april-may 1927 vaida. he then applied formally for leave to amend the plaint and stated that the plaintiff's debt became due in may, 1927. the application was opposed. it seems to me that, having regard to the fact .....

Desu Reddiar and anr. Vs. Srinivasa Reddi (Minor) by Next Friend Subba ...

Court : Chennai

Reported in : AIR1936Mad605; (1937)1MLJ41

..... , plaintiff claiming that they too belonged to bapu reddi's estate, while the fourth defendant claimed independent title to them and also pleaded adverse possession. by a further amendment made on 31st august, 1933, without any objection from the defendants, plaintiff was allowed to add para 10 (a) to the plaint, referring to the version of ..... no justification for limiting the scope of the section by reference to the illustrations. an examination of the more recent pronouncement of the judicial committee and of the indian high courts will show that in dealing with declaratory suits, the courts have in recent years laid stress hot so much on the question of their maintainability ..... when looked at in the character of a representative of the body of reversioners, has a ' legal character 'within the meaning of section 42 of the specific relief act; and if that character is disputed or denied by another, there is no reason why the case should not be held to fall within the section. the decision .....

Colgate Vs. Harvey

Court : US Supreme Court

..... . 419 vermont, while exempting from the tax dividends earned within the state, thereby denying petitioner the equal protection of the laws in violation of the fourteenth amendment; (2) the act, in violation of the same clause, discriminates in favor of money loaned within the state as against money loaned outside the state; (3) the ..... differed from his only in that they had no income from business, and thereby denies appellant the equal protection of the laws guaranteed by the fourteenth amendment, and in each of these three particulars the act abridges the privileges and immunities of appellant as a citizen of the united states in contravention of the same ..... amendment. [ footnote 2 ] the court below denied the contentions of appellant, and sustained the validity of the act in every particular. 107 vt. 28, 175 a. 352. first. does the imposition of a tax upon dividends earned outside the .....

Basangouda Giriyeppagouda Patil Vs. Basalingappa Mallangouda Patil

Court : Mumbai

Reported in : AIR1936Bom301; (1936)38BOMLR593

..... courts to decide disputes between persons claiming to be watandars inter se, as to their status in the watan family. section 36 of the bombay hereditary offices act, both before and after its amendment in 1910, contemplates a decree of a civil court as a matter which has to be taken into consideration by the collector in determining whose name has ..... him, viz. the period for a suit for a declaration that the decree did not bind him, would be six years from 1920, under article 120 of the indian limitation act. i may also point out that it seems to of at least doubtful whether this particular compromise could be said to amount to an alienation within the meaning of ..... declaration, i do not consider that there is any bar of limitation. it was suggested that the plaintiff ought to have brought a suit under article 14 of the indian limitation act to set aside the order of the revenue authorities within a year of the government resolution of 1926. but, in my opinion, this is not really a suit to .....

Emperor Vs. Bhawan Surji

Court : Mumbai

Reported in : AIR1936Bom172; (1936)38BOMLR164

..... and then kills it cannot be punished separately for the offences of theft and mischief. no reasons are given in the judgment for this view, and in view of the amendment of section 35, criminal procedure code, which has been pointed out by the learned government pleader, it is no longer binding on us.13. the question we have to decide ..... has been taken in emperor v. ramla ratanji is not correct and that, at any rate, that decision has ceased to have force after section 35 of the criminal procedure code was amended in 1923 by deleting the word ' distinct' between the words 'two or more' and ' offences.' in the above case, no reasons are given for holding that a ..... the property, whether it is one's own, or somebody else's. it seems to me, therefore, on the wording of sections 378 and 425, indian penal code, that these two acts are distinct offences and that the intention to cause wrongful loss by the destruction of property is different from the intention to cause wrongful loss by its mere .....

Lalchand Deepchand Vs. Baijnath Jugal Kishore and anr.

Court : Kolkata

Reported in : AIR1937Cal140

..... referring to cases of a bargain and sale, not to executory contracts.22. now, it seems to me that section 11(1)(c) of the english act and the corresponding section of the indian act have been framed with an eye to the special case isolated by benjamin, namely, the case of 'bargain and sale' and that it is for this ..... the attorney gets instructions from his client and that the client understands the letter written on his behalf. however i have considered the whole case notwithstanding that i disallowed the amendment.6. the questions therefore in this case are as follows: (1) was it a contract of sale by sample? (2) were the goods equal to sample? (3) were ..... the nature of the contract and so forth, and normally would involve question of costs and adjournment. one of the reasons upon which i was asked to grant an amendment was that it is quite likely that the attorney misunderstood the client and that even the letters were due to the misunderstanding between the client and the attorney. that .....

The Administrator-general Representing the Estate of Eapoor C. Ramalin ...

Court : Chennai

Reported in : (1936)70MLJ700

..... of all the decree-holders to apply for execution is not barred by reason of the provisions of section 7 of the indian limitation act. the said purushotham chetti is one of the sons of the first plaintiff and was brought on record on the death of ..... now before us is concerned, time began to run from the date of the final decree and not from the date of the amendment, and the amendment does not enure to the benefit of the appellant. the records in the case reported in thiagaraja thevar v. sambasiva thevar (1933) ..... and one of the items of the decree was deleted, he is entitled to have the date of the amendment taken as the starting point for purposes of limitation and that if it is so done, this application is not barred. but, ..... 1920; and this petition was filed on 24th june, 1929. the first contention of the appellant is that as the decree was subsequently amended by an order made on 13th july, 1929, (ex. g) on an application made by one of the defendants in the suit .....

The Administrator-general Vs. Thotta Radakrishnan Chettiar and ors.

Court : Chennai

Reported in : 161Ind.Cas.969

..... right of all the decree-holders to apply for execution is not barred by reason of the provisions of section 7 of the indian limitation act. the said purshotham chetti is one of the sons of the 1st plaintiff and was brought on record on the death of ..... now before us is concerned, time began to run from the date of the final decree and not from the date of the amendment, and the amendment does not enure to the benefit of the appellant. the records in the case reported in thiagaraja thevar v. sambasiva thevar 57 m ..... and one of the items of the decree was deleted, he is entitled to have the date of the amendment taken as the, starting point for purposes of limitation and that if it is so done, this application is not barred. but, ..... 1920; and this petition was filed on june 24, 1929. the first contention of the appellant is that as the decree was subsequently amended by an order made on july 13, 1929, (ex. g) on an application made by one of the defendants in the suit .....

Shankar Lal Vs. Hakim Syed Ali Ahmad and anr.

Court : Allahabad

Reported in : AIR1936All102; 160Ind.Cas.991

..... -section 11 says that in any other case the court may either approve or refuse to approve the proposal.6. the indian act of 1920 in all material particulars agrees with the english bankruptcy act, only that under the indian act the application under section 38 can be made by an insolvent only after the making of an order of adjudication and differs ..... to suggest that a departure was intended. the debtor is, of course, given the option before the proposal is placed before the creditors at the meeting to amend the proposal if the amendment is in the opinion of the court calculated to benefit the general body of creditors.8. under sub-clauses 4, 5 and 6 the court is told ..... the proposal, it shall be deemed to be duly accepted by the creditors.5. it is also open to the debtor at the meeting to amend the terms of the proposal if the amendment is in the opinion of the official receiver calculated to benefit the general body of creditors. after all these formalities have been complied with, the .....

Abdul Rehman Mohamud Yusuf Vs. Sir Phiroze Cursetji Sethna

Court : Mumbai

Reported in : AIR1936Bom88; (1936)38BOMLR34

..... agreement, it would, in my opinion, have not been open to defendant no. 1 to give such evidence, having regard to proviso (4) to section 92 of the indian evidence act, inasmuch as it would amount, in my opinion, clearly to a subsequent oral agreement to rescind or modify a contract, grant or disposition of property, where the contract, grant ..... action into two actions by different plaintiffs against different defendants, and, in my opinion, we are not justified in doing that. i think, therefore, that the leave to amend must be refused, and that being so, it is not necessary or proper in this suit to consider what the rights may be as between plaintiff no. 6 and defendant ..... one other point to be noticed, namely, that one of the plaintiffs, no. 6, is the original covenantee under the lease , and he has applied for leave to amend the plaint by submitting, first, that the benefit of the covenant for payment of rent was transferred to and became vested in the original six plaintiffs; and then by .....