Court : Gujarat
Decided on : Sep-06-1961
Reported in : AIR1963Guj32
..... seal of a court of competent jurisdiction with a grant of administration to the estate of the testator (see the definition of 'probate' in section 2 of the indian succession act, no. 39 of 1926). in effect, therefore, when an executor is granted probate, he gets a copy of a will with the certificate of the court ..... but could only be entitled to letters of administration with the will annexed. in these circumstances, the prayer in the original probate petition was sought to be amended by substituting a prayer for the grant of letters of administration with a copy of the will annexed. an order was passed by the learned civil judge, ..... of the deceased executor and to continue the proceedings as the plaintiff-applicant. on 28th of january, 1960, the substituted applicant jadeja mangalsinhji shivsinhji applied for an amendment of the prayer in the probate petition, which became necessary on the applicant having been substituted, for in the original petition for probate, the executor being the .....
Tag this Judgment!Court : Chennai
Decided on : Sep-06-1961
Reported in : [1962]13STC629(Mad)
..... 3, sub-section (1), only at such single point in the series of sales by successive dealers as may be prescribed.5. madras act i of 1957 amended the said provision and introduced section 5-a, clause (4), in these terms :the sale of hides and skins, whether in a ..... rule shall be on the dealer.8. in 1957 by g.o. no. 1433, dated 30th march, 1957, the rule was further amended and the amended rule is as follows :1. in the case of raw hides and/or skins the tax under section 5-a (iv) shall be ..... licensed dealer and the present position therefore is that all purchases whether from licensed or from unlicensed dealer come within the ambit of the amended rule.14. this view of the madras high court has been followed by a full bench of the andhra pradesh high court in ..... export of the goods out of the territory of india. a sale by a dealer in the state to a foreign buyer outside the indian territory is a sale which occasions an export and may be called a direct export sale. no state law can impose a tax on .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-05-1961
Reported in : AIR1962SC256; [1962]3SCR497
..... court against the order of falshaw, j., was maintainable. the proceedings relating to arbitration are, since the enactment of the indian arbitration act x of 1940, governed by the provisions of that act. the act is a consolidating and amending statute. it repealed the arbitration act of 1899, schedule 2 of the code of civil procedure and also clauses (a) to (f) of section 104(1 ..... words of the statute without any predisposition towards the state of the law before the arbitration act was enacted. the arbitration act of 1940 is a consolidating and amending statute and is for all purposes a code relating to arbitration. in dealing with the interpretation of the indian succession act, 1865, the privy council in narendra nath sircar v. kamlabasini dasi (1896) l. r. 23 .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Sep-05-1961
Reported in : AIR1962P& H101; [1962]32CompCas125(P& H)
..... over, tyranny. in india, prior to the constitution, the principle was given a limited recognition in the criminal procedure code, in respect of accused persons, and in the indian evidence act, so far as it affected witnesses. the earlier criminal procedures for courts in the presidency town, and in the mofussil, were consolidated for the first time by ..... be shown that there is rational connection between the possible answers to the questions of the prosecution for any crime and not merely remote possibility of prosecution. the fifth amendment has been construed, as was said in brown v. walker, (1895) 161 us591 : 40 law ed819, to effect a practical and beneficent purpose not necessarily ..... appeals in maffie v. united states, (1954) 209 f. 225(227) and magruder c. j. said:'our forefathers, when they wrote this provision into the fifth amendment of the constitution, had in mind a lot of history which has been largely forgotten to-day. see viii wigmore on evidence (3rd ed, 1940) art. 2250 et .....
Tag this Judgment!Court : Karnataka
Decided on : Sep-04-1961
Reported in : AIR1963Mys292
..... of the legislature the constitutional position in india approximates more to the american than to the english pattern. there is a basic difference between the indian and the british parliament in this respect. there is no constitutional limitation to restrain the british parliament from assigning its powers where it will, but the ..... indian parliament qua legislative body it fettered by a written constitution and it does not possess the sovereign powers of the british parliament.'mukherjea j., proceeded to ..... (central act lxi of 1951) that section 3 which authorised the central government to make those rules also directed that the rules made by it should be laid before parliament for necessary modifications, whether by way of repeal or amendment.50. however that may be, neither the fact that there has been a delegation of the power .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-31-1961
Reported in : [1962]13STC923(All)
..... grounds of the petition. this point has been urged by him somewhat as follows :-by reason of sub-section (3) of section 14 of the indian coinage act, 1906, as amended by the indian coinage (amendment) act, 1955, the rate of sales tax, which is expressed as one anna per rupee in the notification, should be construed as being expressed in terms ..... of nay a paisa. according to the learned counsel's interpretation of sub-sections (2) and (3) of section 14 of the act, the substitution, ..... i regret i cannot agree with the interpretation put by the learned counsel on sub-sections (2) and (3) of section 14.5. the sections of the indian coinage act which are relevant are sections 6, 13 and 14. section 6 makes provision for the coining of coins at the mint. it provides for their denominations, designs, .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Aug-31-1961
Reported in : AIR1962MP212; 1962MPLJ248
..... the aboriginal tribe and smt. mira devi was a hindu and therefore the marriage could not be solemnized under section 2 of the special marriage act, 1872, as amended in 1923. that section permits a marriage between two persons both of whom do not profess any of the seven faiths specified therein or between ..... the death of gopal saran singh, his estate would devolve on the defendants according to the provisions of the indian succession act as provided in section 24 of the special marriage act. under the indian succession act, the widow and lineal descendants of ihe deceased exclude the mother and therefore the property left by copal saran singh ..... foreign domicile, for many years before the principle of legitimation by subsequent marriage of the child's parents was introduced into english law by the legitimacy act, 1926; to recognise the status of husband and wife between parties who could dissolve their marriage by consent and registration.........'in this connection, distinction between .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-30-1961
Reported in : AIR1962SC276; 1985(5)LC2194(SC); [1962]3SCR338
..... evidence and the convictions based thereon were sustainable. 38. before considering the decisions cited at the bar, let us look at the material provisions of the relevant acts. 39. the indian evidence act, 1872. 40. section 25 no. confession made to a police officer shall be proved as against a person accused of any offence. 41. code of ..... collector of land customs, amritsar, barkat ram was tried for offences punishable under section 23(1) of the foreign exchange regulation act, 1947, and under section 167(81) of the sea customs act, 1878, as amended in 1955. he was convicted by the magistrate. the conviction was confirmed by the appellate court, but was set aside on ..... enquiry with respect to the smuggling of goods. 13. the preamble of the sea customs act says : 'whereas it is expedient to consolidate and amend the law relating to the levy of sea customs-duties'. practically, all the provisions of the act are enacted to achieve this object. section 167 gives a long list of offences, but .....
Tag this Judgment!Court : Chennai
Decided on : Aug-30-1961
Reported in : [1962]13STC34(Mad)
..... .5. clause (1) of the description of the goods was in varying terms between the years-1954 and 1956 and we are now concerned only with the amendment introduced by act iii of 1956 which took effect retrospectively -as-and from 23rd august, 1954. the petitioner does not dispute that this 1956 ..... costing less than rs. 3 per yard. at page 7 jaganmohan reddy, j., observed:the government by notification no. 75 referred to above specified all cotton cloth of indian manufacture costing per yard less than rs. 3 as being exempt from sales tax. ex facie it would appear that the legislative intent of the above exemption is only ..... .t.c. 557, considered the question whether 'durry' (floor carpets) came within the exemption granted for handloom cloth under a state government notification under the rajasthan sales tax act. the language of the notification was as follows :handloom cloth, including pagri made of handloom cloth (with or without challa) safa, woven on handloom and handloom cloth interwoven with .....
Tag this Judgment!Court : Chennai
Decided on : Aug-30-1961
Reported in : (1962)2MLJ1
..... year.clause (i) of the description of the goods was in varying terms between the years 1954 and 1956 and we are now concerned only with the amendment introduced by act (iii of 1956) which took effect retrospectively as and from 23rd august, 1956. the petitioner does not dispute that this 1956 ..... less than rs. 3 per yard. at page 7, jagan mohan reddy, j., observed:the government by notification no. 75 referred to above specified all cotton cloth of indian manufacture costing per yard less than rs. 3 as being exempt from sales tax. ex facie it would appear that the legislative intent of the above exemption is only ..... s.t.c. 557 considered the question whether ' durry' (floor carpets) came within the exemption granted for handloom cloth under a state government notification under the rajasthan sales tax act. the language of the notification was as follows:handloom cloth, including pagri made of handloom cloth (with or without challa) safa, woven, on handloom and handloom cloth interwoven with .....
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