Court : Andhra Pradesh
Decided on : Mar-16-1961
Reported in : AIR1963AP314; 1963CriLJ121
..... this respect. proof that an article, which is traced to the possession of an accused, was stolen is a condition precedent for any presumption under section 114 of indian evidence act. when the victims of different dacoities made rival claims to a particular article, the natural inference is that no reliance can be placed on their identification. in such ..... of an enactment. as explained by baggallay, l. j. in attorney general v. great eastern rly. co. (1879) ii ch. d. 449 (461):'i never knew an amendment bet down or discussed upon the marginal notes to a clause. the house of commons never has anything to do with a marginal note'.lord macnaghten in the privy council ..... fall within a category of other documents or relevant extracts on which prosecution proposes to rely as provided by sub-section (4) of section 173 cr. p. c., amended. i therefore hold that it is the accused who can take a copy of this statement from the court.'his proceedings at a subsequent adjournment on 13-4-1956 .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-06-1961
Reported in : AIR1963AP479
..... above hyderabad industrial fund rules. the material provisions are as follows:'1. with effect from the commencement of the hyderabad industrial fund rules (andhra pradesh amendment) act, 1957 : (a) the industrial fund shall be controlled and administered by the state government in the industries department in accordance with the provisions of ..... payable and that therefore the claim under the mortgage is barred by limitation and that the petitioner's claim is not governed by article 149 of the indian limitation act. this contention was negatived by satyanarayana ram, j. who held that the industrial trust fund, h.e.h. the nizam's government, is not ..... original petition was filed by the state of andhra pradesh represented by the secretary to government, industries (industrial fund) department, hyderabad under section 439 of the indian companies act (i of 1956) praying that in the circumstances stated in the affidavit filed therewith the high court may be pleased to wind up the said company by .....
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 : Allahabad
Decided on : Nov-21-1961
Reported in : AIR1962All590
..... officers. the applications for discovery and production were orally opposed and with-out filing an affidavit the state claimed privilege under sections 123 and 124 of the indian evidence act in respectof the documents which the appellant wanted to be produced. the applications for inspection, discovery and production were rejected by two orders dated the 11th ..... prayed for, a writ of certiorari was claimed for quashing the order dated the 31st march 1958. subsequently an application was made for permission being granted to amend the prayer and to enable the appellant to claim a writ, of certiorari for quashing the proceedings started by the respondent's applications for restoration but that ..... also. thenew relief was that the entire proceedings for the restoration of the objections be quashed by a writ of certiorari. this application for amending the prayer was directed to be put up along with the petition at the time of hearing. apparently when the petition was heard this application for .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Sep-28-1961
Reported in : AIR1962MP117
..... which remained in force for four years, provided for the first time for registration of money-lenders and matters incidental thereto. thereafter, by the central provinces money-lenders (amendment) act, 1940 (xiv of 1940), sections 11-a to 11-i were inserted, by section 11-b, every person, who carries on or intends to carry on the ..... conditions on which they might be done .... broadly speaking, that whichhas been forbidden in the public interest cannot be made lawful by paying the penalty for it. .....',(indian contract act, 8th edition, page 158)8. in view of the authorities noticed in the last two paragraphs, the position is well settled. when an enactment merely imposes a ..... greatly oppressed by the authority of reeves v. butcher, 1891-2 qb 509. it is, they think, always dangerous to apply english decisions to the construction of an indian act.' (page 385 (of ind app) : fat p. 211 of air))13. another argument in support of the invalidity of a loan advanced in contravention of section 11 .....
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 : Orissa
Decided on : Apr-24-1961
Reported in : AIR1962Ori149
..... of the supreme court reported in air 1960 sc 307, nachiappa v. subramaniam where, while construing the words 'court'' and 'suit' occurring in section 21 of the indian arbitration act their lordships held that 'court' includes appellate courts and suit includes appeals. the conflict of decision of the various high courts was noticed by their lordships and the judgment ..... suit it would not pass, the same decree as the trial court would at re-hearing. in short, if it be accepted, as it must be, that the amended section 10 applies to pending suits, it must well be accepted that it should apply to pending appeals. appeals are filed in suits and hence are nothing but a ..... on merits. the trial court, at the re-hearing, shall not be competent to pass a decree in derogation of the provisions of the amended section 10. because according to section 16(i) the amendment would apply to pending suits. it would be anomalous, or rather absurd, to hold that if, instead of remanding it, this court proceeds .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Nov-24-1961
Reported in : AIR1963P& H49
..... this they in effect did by their letter of i7th november.'in this case it is obvious that the doctrine of frustration, as embodied in section 56 of the indian contract act, was not applied. if that doctrine were applicable, there was no occasion for any notice or exercise of option by the lessees. the contract would automatically have become ..... learned counsel made reference to a number of decided cases which, according to him, support the proposition that the doctrine of frustration, as embodied in section 56 of the indian contract act, is fully applicable to contracts of lease.17. ilr 7 cat 474 is the first one of such cases relied upon. this is, however, not a case of ..... of the landlords. the mortgage was set aside and the mortgagee was held entitled to sue for the mortgage money because of the provisions of section 65 of the indian contract act. mohan manucha v. manzoor ahmad khan, air 1943 pc 29, was another case of a mortgage which was found to be invalid and on this ground the .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-23-1961
Reported in : AIR1962P& H82
..... sum so required, the court shall re-admit the appeal on such terms as to costs or otherwise as it thinks fit. (2) the provisions of s.5 of the indian limitation act, 1908 (ix of 1908) shall apply to applications under sub-rule(1).' (10) it may be mentioned that the word 'the court may make an order that the appeal .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Sep-18-1961
Reported in : AIR1963P& H225
..... prevail over the general, the powers conferred under section 48 cannot he affected by the provisions embodied in clauses (i) and (j) of section 10(2) of the act.the effect of an amending act was considered in d. r. fraser and co., ltd. v. minister of national revenue, 1949 ac 24, and it was observed at page 33 that when an ..... amending act altered the language of the principal statute, the alteration must be taken to have been made deliberately. that rule, which is firmly established in the law of interpretation of ..... or other authority. (3) for the purposes of this section, a sum shall be deemed to be payable to the custodian notwithstanding that its recovery is barred by the indian limitation act, 1908, or any other law for the time being in force relating to limitation of actions.' the previous pronouncements related to the ambit and scope of the old section. .....
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