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Judgment Search Results Home > Cases Phrase: indian boilers amendment act 2007 section 10 amendment of section 9 Sorted by: recent Year: 1939 Page 1 of about 47 results (0.394 seconds)

Dec 18 1939 (PC)

Municipal Commissioners Vs. Gangamani Chaudhurani W/O Akshoy Kumar Bas ...

Court : Kolkata

Decided on : Dec-18-1939

Reported in : AIR1940Cal153

..... the naming of the chairman as the defendant. this was therefore a case where a misdescription was corrected and not a case where a new party was impleaded by the amendment. such was the view taken by jack j., and it is a view supported by the decisions in gopiram behariram v. e.i. ry. & o. & r. ry. (1926 ..... . but the plaint speaks for itself and it is quite impossible for us to have recourse to extrinsic evidence. a personal decree was sought against the agent, east indian railway, and there is no suggestion in the plaint that it was sought to bind the railway company by any decree that the plaintiff might obtain1 against the defendant. ..... against the chairman of the commissioners instead of against the commissioners themselves. the mistake appears to have been discovered subsequently and the plaint was amended on 5th june 1934, so as to implead the municipal commissioners themselves as required by the new act. the point now taken before us on behalf of the appellant is that the suit in its .....

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Dec 15 1939 (PC)

Dayaldas Kushiram Vs. the Commissioner of Income-tax, Central

Court : Mumbai

Decided on : Dec-15-1939

Reported in : (1940)42BOMLR414

..... april 1, 1939, when the amending, act came into operation, it was provided that there should be the following classes of income-tax authorities for the ..... transferred to the commissioner (central). in order to determine the questions which arise one has to look at section 5, read with section 64, of the indian income-tax act. 4. now, under section 5 as it existed prior to ..... sub-section (1), of the indian income-tax act. if that point is decided in favour of the assessee, the further question, which arises in respect of the two earlier years, has no great relevance; that question being whether, in any case, those earlier assessments which had started before the amending act of 1939 came into operation can be .....

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Dec 05 1939 (PC)

Srimath Deivasikamani Ponnambala Desikar Vs. the Board of Commissioner ...

Court : Chennai

Decided on : Dec-05-1939

Reported in : (1941)2MLJ175

..... hearing unless there are special reasons for expediting it, but the court for proper reasons shown will expedite the hearing and as the statement that schemes settled or amended by the court are ineffective is not supported by reasons and is contrary to my experience of many years, i am not prepared to accept it. a ..... temple servants have complained that they are kept waiting longer than in other institutions. in the neighbouring estate of sivaganga, which is administered by a member of the indian civil service and where there are larger resources, servants are not paid regularly. when the petitioner took over charge of the temples the salaries were nine months in ..... supervision. the control is shared by the board of supervision and the court. the act contemplates superintendence and control by the board. the first reason therefore is held to be proved. what is argued, however, is that a suit might be filed for the amendment of the scheme. but, as has been pointed out, the said remedy is .....

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Dec 05 1939 (PC)

Smt. Deivasikamani Ponnambala Desikar Vs. Board of Commissioners for H ...

Court : Chennai

Decided on : Dec-05-1939

Reported in : AIR1941Mad878

..... hearing unless there are special reasons for expediting it, but the court for proper reasons shown will expedite the hearing and as the statement that schemes settled or amended by the court are ineffective is not supported by reasons and is contrary to my experience of many years. i am not prepared to accept it. a ..... temple servants have complained that they are kept waiting longer than in other institutions. in the neighbouring estate of sivaganga, which is administered by a member of the indian civil service and where there are larger resources, servants are not paid regularly. when the petitioner took over charge of the temples the salaries were nine months in ..... supervision. the control is shared by the board of supervision and the court. the act contemplates superintendence and control by the board. the first reason therefore is held to be proved. what is argued, however, is that a suit might be filed for the amendment of the scheme. but, as has been pointed out, the said remedy is .....

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Nov 13 1939 (FN)

Ziffrin, Inc. Vs. Reeves

Court : US Supreme Court

Decided on : Nov-13-1939

..... has declared otherwise. interstate commerce includes both importation of property within a state and exportation therefrom. prior to the wilson and webb-kenyon acts, and the twenty-first amendment, the powers of the states over intoxicants in both of these movements were limited by the page 308 u. s. 138 commerce, ..... an unauthorized carrier are not invalid under the commerce clause, or under the due process and equal protection clauses of the fourteenth amendment, nor inconsistent with the federal motor carrier act of 1935, as applied to a contract carrier in an established business of transporting such liquors, produced in kentucky, to consignees ..... the case was heard below on plaintiff's application for a preliminary injunction, and defendants' motions to dissolve a temporary restraining order and to dismiss the amended bill of complaint. mr. justice mcreynolds delivered the opinion of the court. since march, 1933, appellant, an indiana corporation, has continuously received whiskey from .....

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Nov 03 1939 (PC)

Paladugu Veera Ramachandra Rao Vs. Paladugu Parasuramayya and anr.

Court : Chennai

Decided on : Nov-03-1939

Reported in : AIR1940Mad127; (1940)1MLJ235

..... no escape from it when the language of section 48 of the code of civil procedure is read in the light of the provisions of article 182 of the indian limitation act. the words used in the first column of that article make it clear that the legislature did not intend to interfere in any way with the limit of time ..... the legislature advisedly omitted that provision for extension from 13. 48; and that the omission was not accidental. in our opinion the effect of the omission is that an amendment of a decree does not give a new date for starting a period of limitation, if the application for execution is beyond the period of twelve years allowed by section ..... time-barred.7. the question under consideration has been the subject of decisions by the bombay, allahabad, lahore and patna high courts and they have all agreed that an amendment of a decree to bring it in accordance with the judgment does not have the effect of starting a fresh period of limitation. (see narsingrao konher inamdar v. bando .....

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Oct 10 1939 (PC)

Probodh Kumar Das Vs. the Dantmara Tea Co. Ltd.

Court : Mumbai

Decided on : Oct-10-1939

Reported in : (1940)42BOMLR199

..... not maintainable and dismissed it.7. it was conceded by the appellants at their lordships' bar that, apart from section 53a which was added by amendment in 1929 to the transfer of property act, 1882, they had no case. but they contended that, notwithstanding that they had not chosen to sue for specific performance of the contract of october ..... clear that the appellants were well advised in conceding that if they could not invoke section 53a they were out of court.9. in their lordships' opinion the amendment of the law effected by the enactment of section 53a conferred no right of action on a transferee in possession under an unregistered contract of sale. their lordships agree ..... of 1933), which was passed inter alia to regulate the export of tea from india. by section 3 of that act an indian tea licensing committee was set up and under other provisions of the act it was entrusted with the task of determining the total quantity of tea, termed the ' export quota,' which the owner of each tea .....

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Oct 08 1939 (PC)

Bhagwandas Narandas Vs. D.D. Patel and Co.

Court : Mumbai

Decided on : Oct-08-1939

Reported in : AIR1940Bom131; (1940)42BOMLR231

..... purposes of this sub-section, a presidency magistrate shall be deemed to be a magistrate of the first class.2. the former section 476 was amended by section 128 of the code of criminal procedure (amendment) act, 1923. several decisions based upon the former section have been cited to me, but, as was pointed out by crump j. in bai ..... was a forgery, except in a suit for revocation of the probate, and section s 4 and 41 of the indian evidence act and section 273 of the indian succession act were relied upon. as regards section 44 of the indian evidence act, which provides that any party to a suit or other proceeding may show that any judgment, order, or decree, ..... by the accused, instead of admitting the probate and the title of the executor. as regards the present application under section 476, although section 44 of the indian evidence act does not apply, i think that evidence of forgery is admissible in the same manner as it would be admissible in a criminal case, the applicant admitting the .....

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Oct 06 1939 (PC)

Minor C.R. Ramaswami Aiyangar, Represented by His Mother and Next Frie ...

Court : Chennai

Decided on : Oct-06-1939

Reported in : AIR1940Mad118; (1940)1MLJ32

..... vi) of schedule ii which is now article 17b of the madras court-fees (amendment) act, 1922. the latter act made extensive amendments in the court-fees act of 1870 in certain other respects. the opinion of white, c.j. and krishnaswami aiyar, j., is not shared by any other indian high court. the calcutta high courthas applied article 17(vi) of schedule ii. ..... that relief should be. not only has a cancellation of the whole of the decree or document been provided for in section 7(iv)(a)(madras amendment) of the court-fees act but the amendment covers cases where a plaintiff wishes to have a part of the decree or other document cancelled. in the presence of this provision, it is impossible ..... properties at rs. 40,000 but has merely stamped his plaint with a court-fee of rs. 100 under article 17b of schedule ii of the court-fees act as amended in madras.2. on the filing of the plaint the subordinate judge called for a statement of the transactions which the plaintiff says are invalid as against the .....

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Oct 06 1939 (PC)

Vaman Ravji Kulkarni Vs. Nagesh Vishnu Joshi

Court : Mumbai

Decided on : Oct-06-1939

Reported in : AIR1940Bom216; (1940)42BOMLR428

..... the high court as given by the letters patent is subject to the legislative powers of the governor general in council. under the provisions of section 22 of the indian councils act of 1861, 24 & 25 vic, c. 67, the governor general in council has power to make laws for all courts of justice in british india. under ..... however, declares that all the provisions of the letters patent are subject to the legislative powers of the governor general in council, and ' may be in all respects amended or altered thereby.'19. the net result of these; provisions is that the governor general in council can, by legislation, curtail any of the powers conferred upon the high ..... letters patent provides that the provisions of the letters patent are subject to the legislative powers of the governor general in council and may be in all respects amended and altered thereby. in view of these provisions it is clear that the provisions of the letters patent are subject to legislation by the governor general in council .....

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