Array
(
    [0] =>  ..... first and the third categories stated in this rule. the petitioner is being tried on a police challan and the charge against him is for an offence under section 420, indian penal code, which is cognisable by the police. it is, thus, evident that under rule 1 of chapter 9-a of the high court rules and orders, volume  ..... learned chief justice, however, held out a warning to the subordinate courts by observing;'but at the same time he (the magistrate) must be careful not to do any act which might hamper the accused in his defence. the court should, in a case of this kind, adopt a reasonable course which would while avoiding any hardship on either  ..... for the purposes of the trial be deposited in court.'7. if there was no further provision with regard to payment of expenses for summoning a defence witness certainly acting under this provision of law the magistrate has the power to call upon the accused to deposit reasonable expenses for summoning a particular witness, but again that discretion has ..... 
    [1] =>  .....  his office; or (c) by forwarding it by post in a prepaid letter addressed to the manager or agent at his office and registered under part iii of the indian post office act, 1866. at this state, it is relevant also to refer in the definitions of the expression 'railway' and 'railway administration' or 'administration' as given in section 3 of  ..... sought to be made liable on the ground that the goods has been received by it. the trial court dismissed the suit holding that notice under section 77 of the indian railways act and also notice under section 80, civil procedure code to e. p. railway was not a sufficient compliance with the requirements of the section inasmuch as the notice did not disclose ..... sunder lal's case, air 1958 punj 149 lays down the legal position correctly.(3) mr. salooja has contended that the provisions of sections 77, 80 and 140 of the indian railways act throw considerable light on the meaning to be placed on section 80 of the code of civil procedure. section 77 of this ..... 
    [2] =>  ..... in that case that it was laid down that the government of india would be liable for damages in the same circumstances as would have been the east indian company and this proposition has never been disputed. it was held that the secretary of state in council of india is liable for the damages occasioned by ..... about his employment. on the facts of it, therefore, there seems no reason why his employer, although the state, should not shoulder the responsibility for his negligent act an ordinary employer would. no consideration of public policy points to the contrary.' in these circumstances after discussing a decision of the rajasthan high court in mst. vidhyawati .....  exercised except by sovereign, or private individual delegated by a sovereign to exercise them no action will lie........ there is a great and clear distinction between acts done in the conducts of undertakings which might be carried on by private individuals without having such powers delegated to them.'on the facts of the case  ..... 
    [3] =>  .....  always rectify the register if they discover any patent mistake therein. the power of the court to rectify a register is defined in section 155 of the companies act and it cannot be disputed that no rectification could have been made within notice being issued to the first respondent. mr. khanna has canvassed the proposition that the ..... 37 of the article of association, the learned counsel argues that the shares in favour of the first respondent could never have been transferred by the company, the act being ultra vires altogether. it is not denied that the company itself had made the registration and had taken the first respondent as a director on 27th of  ..... the company is transacting business in accordance with its articles. it is only an ultra vires act which can still be challenged although the directors have given their assent to it.(10) a similar point arose in a madras case in damodara reddi v. indian national agencies, ltd., air 1946 mad 35, where a company consisting of six members, ..... 
    [4] =>  ..... not prepared to regard a fair and ordinary bargain for time in consideration of a reasonable rate of interest as an attempt to give jurisdiction to a court to amend or vary the decree. such a bargain has its effect upon the parties' rights under the decree, and the executing court under section 47 has jurisdiction to .....  any case mere consent of the parties cannot confer such a jurisdiction on the executing court. this line of reasoning is not without support from other decisions of indian high courts, though authority and practice to the contrary is also to be found. on this difficult and important question, their lordships are not in agreement with  ..... , not possible to say whether one or the other decree still remains unsatisfied.actually, however, no such difficulty arises for sections 59 to 61 of the contract act provide for a contingency and when there is no indication as to appropriation and the creditor does not specifically appropriate the payments to a particular debt, the payments  ..... 
    [5] =>  .....  of the controversy, the petitioner, jyotsna raje, is the daughter of h. h. the maharaja of samthar who, after the merger of samthar state with the indian dominion (now indian union) is permanently residing in lucknow (uttar pradesh), and his daughter jyotsna raje petitioner is residing with her father in lucknow. jagpal singh, who is an executive .....  (air 1961 punj 42) where it has been succinctly stated that if the amounts of expenses and maintenance pendente lite under section 24 of the hindu marriage act are not made available to the applicant immediately, then its object and purpose stands defeated.in my opinion the learned district judge was certainly in error in not  ..... hissar, praying that the proceedings in the main case be stayed till the decision of the application for maintenance pendente lite under section 24 of the hindu marriage act. this prayer was disallowed on 12th april 1961.4. with respect to case no. 2 it is averred that the petitioner filed her written statement on 23rd  ..... 
    [6] =>  ..... modification of the decree and consequently, it could not be stated as an agreement. apart from that, it was urged that by virtue of section 36 of the indian stamp act, any document--whether an original or a copy--which is once admitted could not be rejected after. on behalf of the respondent it was urged that section 36  .....  the contention of the learned counsel but interpretation of section 36 was not directly in issue and the case was decided on another point. section 35 of the stamp act deals with the instruments which are not duly stamped and are, therefore, inadmissible in evidence but can be admitted into evidence, if they are not of a certain ..... rule 2 for certification of the adjustment outside the court, the same should have been brought within ninety days of the adjustment as provided under article 174 of the limitation act. he, however, went into the other issues and held that there was a compromise as alleged and that the payments had been made in pursuance of the settlement. ..... 
    [7] =>  .....  the plaintiff's adverse possession for over 12 years has matured into valid title. it is further pleaded that in certain proceedings under section 447, 468 and 380 of the indian penal code between the parties to the suit, the defendant actually admitted the adverse possession of the plaintiff over the property in suit. this admission was also pleaded to be ..... 
    [8] =>  .....  tons vide shipping bill dated 11-9-1952. the price which had to be paid to the petitioner-firm was fixed at 28 dollors per dry ton inclusive of indian export duty. since the qualify of manganese ore is variable, it was stipulated that a certain minimum percentage of manganese ore certain minimum percentage of manganese ore must form ..... us. (2) the facts briefly are as follows: the petitioner-firm entered into an agreement with a firm in the united states of america for supplying 75,000 tons of indian manganese ore during the period september, 1952, to march, 1958. in performance of this contract a number of shipments were made by the petitioner firm. civil writ petition no ..... it appears that in the commodity shipped there is a certain amount of moisture which evaporates after a time. the indian export duty is 15 per cent to be computed in accordance with section 30 or 31 of the sea customs act (act no. 8 of 1878). the shippers have to declare the value at port of the commodity shipped and the ..... 
    [9] =>  ..... rs. 6,644/-. on 8th of august, 1946, the partners were assessed separately under clause (a) of sub-section (5) of section 23 of the indian income-tax act (hereinafter called the act). banarsi dass on an income of rs. 9,352/- which comprised his share in the profits of the firm while his brother phool chand on rs.  ..... . it is urged that the authorities, in their anxiety to effect service somehow on the petitioners before 31st of march, 1955, ignored the requirements of law and acted with undue haste. the firm having dissolved, the notice should have been sent to all the partners of the firm which had discontinued business as under the provisions  ..... y. narayana chetty v. income-tax officer, nellore : [1959]35itr388(sc) , wherein it was held that 'the notice prescribed by section 34 of the income-tax act for the purpose of initiating reassessment proceedings is not a mere procedural requirement; the service of the prescribed notice on the assessee is a condition precedent to the validity of ..... 
)