Court : Chennai
Decided on : Jul-28-1961
Reported in : (1962)1MLJ78
..... and (2) that he should certify or vouch for the execution by subscribing his name as a witness, which implies a consciousness and an intention to attest, the amending act modified only the first: the result is that a person can be an attesting witness, even if he had not witnessed the actual execution, by merely receiving personal ..... and that a mere acknowledgement of his signature by the executant to the attesting witness would not be sufficient. the amending act xxvii of 1926 modified the definition of the term in the transfer of property act so as to make a person who merely obtains an acknowledgment of execution and affixed his signature to the document as ..... 5. the definition of the term 'attested', which is almost identical with that contained in section 63(c) of the indian succession act, has been the result of an amendment introduced by act xxvii of 1926. prior to that amendment it was held by this court that the word 'attested' was used only in the narrow sense of the attesting .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jul-27-1961
Reported in : AIR1963AP328
..... in the execution proceedings.20. it was stated before us by the learned government pleader that by reason of the land acquisition (madras amendment) act, 1953, which received the assent of the president on the 29th june 1953, and which was published in the fort st. george ..... land in the present case was admittedly taken after the date of the coming into force of the amendment act. therefore the claimant is entitled to interest not at the rate of 6 per cent but at the rate of 4 per ..... 1953 interest on the compensation amount which was formerly statutorily fixed at 6 per cent, was reduced to 4 per cent. this amendment came into force on the date of its publication in the official gazette viz., 8-7-1953. the possession of the acquired ..... use to which it is being put at the time at which its value has to be determined (that time under the indian act being the date of the notification under section 4(1)), but also by reference to the uses to which it is reasonably .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jul-24-1961
Reported in : AIR1962P& H51
..... notice of the filing of this award was given to the parties and shri sen then made an application to the learned subordinate judge, under section 30 of the indian arbitration act, for setting aside of the award. in this application a large number of objections were taken against the award. the learned subordinate judge has observed in his judgment as ..... the award till the date of realisation of the awarded amount. this is an obvious error on the face of the award but the award in this respect can be amended by modifying this part without affecting the other part of it. i would, therefore, modify the award to the extent that the clause with regard to the future ..... r. b. sen for the purpose of avoiding this award. in fact he has not left anything which he could possibly catch hold of from the provisions of the arbitration act and the cases decided thereunder and which, if proved, may give him a chance of getting the award set aside.'the learned subordinate judge, in his final order, negatived .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-23-1961
Reported in : 1970CriLJ588; (1969)2SCC412; [1970]1SCR639
..... , therefore, arise while the provision stood as originally enacted.6. parliament, by foreign exchange regulation (amendment) act xxxix of 1957, amended section 23(1) and, at the same time, also introduced section 23d in the act. it was by this amendment that two alternative proceedings for the same contravention were provided in section 23(1). in thus introducing ..... rule 132a of the d.i.rs., should go unpunished after the omission of that rule. it, however, appears that when section 4(1) of the act was amended, the legislature did not make any provision that an offence previously committed under rule 132a of the d.i. rs. would continue to remain punishable as an ..... considered by the allahabad high court in the case of seth jugmendar das and ors. : air1951all703 : air1951all703 . after quoting the amended sub-section (4) of section 1 of the defence of india act, the court held :-the express insertion of these saving clauses was no doubt due to a belated realisation that the provisions of .....
Tag this Judgment!Court : Gujarat
Decided on : Jul-20-1961
Reported in : (1962)0GLR492
..... -observance would vitiate any order passed by the government imposing a penalty upon a public servant. we fell that the learned judge should have allowed the application for amendment of the plaint. in fact, the plaintiff had put questions in the cross-examination of one of the defendants' witnesses referring to the necessity for consultation with ..... not part of a reasonable opportunity. it may on the facts of a particular case be a luxury, unnecessary or immaterial. what is reasonable opportunity in the indian constitutional context of art. 311(2) will depend on the facts of each case and the constitution has laid down no hard and fact rule by defining reasonable ..... and prejudice so attributed. it is obvious that pecuniary interest however small it may be in a subject-matter of the proceedings, would wholly disqualify a member from acting as a judge. but where pecuniary interest is not so attributed but instead a bias is suggested, it often becomes necessary to consider whether there is a .....
Tag this Judgment!Court : Gujarat
Decided on : Jul-20-1961
Reported in : AIR1962Guj197; (1962)IILLJ507Guj
..... non-observance would vitiate anyorder passed by the government imposing a penalty upon a public servant. we feel that the learned judge should have allowed the application for amendment of the plaint. infact, the plaintiff had put questions in the cross-examination of one of the defendant's witnesses referring to the necessity for consultation with the ..... not part of a reasonable opportunity. it may on the facts of a particular case be a luxury, unnecessary or immaterial. what is reasonable opportunity in the indian constitutional context of article 311(2) will depend on the facts of each case and the constitution has laid down no hard and fast rule by defining reasonable ..... so attributed. it is obvious that pecuniary interest however small it may be in a subject-matter of the proceedings, would wholly dis-qualify a member from acting as a judge. but where pecuniary interest is not so attributed but instead of a bias is suggested it often becomes necessary to consider whether there is a .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jul-19-1961
Reported in : [1962]13STC26(AP)
..... the indian income-tax act had expired. therefore, the two rulings are not authority for the view presented by sri rama rao.13. on the other hand, there are two decisions of ..... the re-assessment made after two years next succeeding the assessment year. the learned judges ruled that it could not, because the assessment had become final before the amendment and the amended rule was not retrospective. it was not laid down that the assessment had become final when it was made. it is clear from a reading of the judgment ..... the period prescribed by the unamended rule.12. similarly, it was held in lakshminarayana chetty v. additional income-tax officer [1956] 20 i.t.r. 419, that the amendment would not apply to a case where the assessment had become final and the assessment could be said to have become final after the period fixed under section 35 of .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-18-1961
Reported in : AIR1966SC719; [1961]43ITR352(SC); [1962]2SCR871
..... not substantially interested. for the assessment year 1949-50 the income-tax officer concerned applied the provisions of s. 23a of the indian income-tax act, 1922 - sectopm 23a(as it stood previous to the amendment of 1955) and ordered that the undistributed portion of the assessable income of the company of the relevant previous year, as computed ..... such leave has brought these appeals to this court. 7. it is necessary now to read the relevant portion of s. 23a as it stood prior to its amendment by the finance act, 1955. '23a : power to assess individual members of certain companies. (1) where the income-tax officer is satisfies that in respect of any previous year ..... reason existed as to why the expression 'shareholder' as used in s. 18(5) should mean a person other than the one denoted by the same expression in the indian companies act, 1913. a reference was made to the decision of the bombay high court in shree mills ltd. v. commissioner of income-tax, bombay city [ : [1948]16itr187(bom .....
Tag this Judgment!Court : Gujarat
Decided on : Jul-18-1961
Reported in : (1962)3GLR117
..... the application under consideration would be within time.7. the question therefore that arises for consideration is whether section 4 or section 12(2) of the indian limitation act would be applicable to the application under section 72. we do not propose to consider the second part of the question as regards the applicability of section ..... record a finding with the reasons therefor to that effect. such finding shall be appealable to the charity commissioner. the deputy or assistant charity commissioner shall amend the entries in the said register in accordance with such finding and if appeals (or applications) were made against such finding in accordance with the final ..... decision of the competent authority provided by this act. the amendments in the entries so made shall subject to any further amendment on the occurrence of a change be final and conclusive.10. under section 22(1) it is the trustee who has .....
Tag this Judgment!Court : Mumbai
Decided on : Jul-14-1961
Reported in : AIR1968Bom112; (1966)68BOMLR228; ILR1966Bom420
..... that of an agent but that the relationship between him and abdul rahman is of a fiduciary character, in which case, instead of article 89, article 120 of the indian limitation act would apply, and limitation will begin to run from, the accrual of the cause of action, that is, refusal to pay the money. the question of allowing lapse ..... may consist of direct evidence of a person who saw the document being written or the signature, by one of the modes provided in sections 45 and 47 of the indian evidence act. it may also be proved by internal evidence afforded by the contents of the document. . . . . . . . . . '.(17) the issue under consideration in that case was whether the internal ..... being affixed. it may be proof of the handwriting of the contents or of the signature by one of the modes provided in ss 45 and 47 of the indian evidence act. it may also be proved by internal evidence afforded by the contents of the document. this last mode of proof by the contents may be of considerable value .....
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