Judgment Search Results Home > Cases Phrase: indian boilers amendment act 2007 section 11 amendment of section 11 Sorted by: old Court: allahabad Page 1 of about 1,430 results (0.074 seconds)

Ram Saran Das Vs. Bhagwat Prasad and anr.

Court : Allahabad

Reported in : AIR1929All53; 113Ind.Cas.442

..... is admitted that the plaintiff pre-emptor would in face of the authorities have had no 'subsisting right'. it is clear that the act was an act intended to consolidate and amend the law' (see the preamble). but it is also beyond doubt that if the law was clearly established in one sense by a well-known cursus curiae, ..... may be that the proposition was not even true. i find no trace in the arguments or judgment of any statement or explanation of the procedure followed by the indian legislature in the year 1869 in respect of marginal notes. in the circumstances, therefore, it was only to be expected that their lordships would not attach any authority ..... therefore they were not prepared to ascribe any greater authority to the former. very likely no such reason could have been given. the indian statute under consideration in that case was the oudh estates act which was passed by the governor-general-in-council in 1869. their lordships could not be expected to attach any authority to the marginal .....

Buddhan Singh and anr. Vs. Nabi Bux and anr.

Court : Allahabad

Reported in : AIR1962All43

..... from the opinion of bhagwati, j. in : [1955]2scr374 . while giving to some general words in the amendment to section 232(1) of the, indian companies act a limited meaning, bhagwati, j. observed :'whereas before the amendment the secured creditor stood outside the winding up and could if the mortgage-deed so provided, realise his security without ..... the intervention of the court by effecting a sale either by private treaty or by public auction, no such sale could be effected by him after the amendment ..... ' appeared to bhagwati, j. to be a proper reason for not giving the whole meaning to the general words of section 232(1) of the indian companies act, it would, i think, be far less proper for me to think that the word 'held' is intentionally used in section 9 by the legislature .....

U.P. Rajya Vidyut Utpadan Nigam Ltd. Vs. U.B. Engineering Ltd.

Court : Allahabad

..... .tde/m-iii/anpara/wiel was also issued on 12.3.1981. the said contract was entered for the purpose of erection, testing and commissioning of three 210 mw boilers and auxiliaries at anpara thermal power station. the total contract price for the said job was rs. 5,13,03,180/-. the completion period of the said work was ..... appeal from order, are that u.p. state electricity board [hereinafter referred to as 'board' for the sake of brevity] entered into a contract with the erstwhile m/s western indian enterprises ltd. [known as 'wiel], which is now known as u.b. engineering ltd. [hereinafter referred to as 'ubel']. a letter of intent as well as an order, ..... clause contained in the letter of intent dated 12.3.1981, exercising jurisdiction under the arbitration act, 1940.8. m/s wiel submitted the statement of claims. in paragraphs 22, 23, 25 and 26 m/s wiel accepted the amendments of certain terms of the amendments in the letter of intent but questioned the ceiling limits imposed by the upseb, which .....

Deo NaraIn Rai and anr. Vs. Kukur Bind and ors.

Court : Allahabad

Reported in : (1902)ILR24All319

..... must prevail.' i may observe that if such legislation was advisedly adopted in india, it was not followed in the amending act. the legislature altered the law in the subsequent act, act no. ix of 1871, and also in the limitation act, act no. xv of 1877, whereby it is provided that the expression 'signed by the party' in section 19 means ..... should have been given by deed in writing. by section 4 of the transfer of property act the chapters and sections of the act which relate to contracts should be taken as part of the indian contract act, 1872. section 187 of the indian contract act provides that the authority of an agent may be 'given by words spoken or written.' so ..... ackuowments signed, not by the party chargeable therewith, but by his agent. in the present case we have to construe an act of the indian legislature dealing with the subject of transfers of property by act of parties. as to one species of transfer the legislature has been fit to enact that the necessary deed must be signed .....

Emperor Vs. Ganga Prasad

Court : Allahabad

Reported in : (1907)ILR29All685

..... in such cases.'49. mr. justice fulton, while admitting that is was undoubtedly a serious measure to limit the meaning of words in such a carefully drawn act as the indian penal code, and one which no court would attempt unless it were practically certain that the matter to be eliminated was not within the contemplation of the legislature ..... law of evidence modified to suit india. as section 2 of the act shows, all rules of evidence not contained in any statute ..... as to modify both the indian penal code and the indian evidence act of 1872, and this i am not prepared to do.31. further, it must not be left out of consideration that the indian evidence act of 1872 was intended to be and is an act consolidating, defining and amending the law of evidence. it is an act based on the english .....

Seth Nemi Chand Vs. Ganesh

Court : Allahabad

Reported in : 5Ind.Cas.503

..... the clause is framed in such general terms as to exclude every executor, who has obtained a grant of probate under the 179th and the following sections of the indian succession act of 1865, it must nevertheless be held to exclude the executor of hindu will, because it appears aliunde that the legislature so intended it. it is conceivable that ..... fail to express themselves in the statute so as to carry out the intention they had in passing the statute and that subsequent legislation is necessary in order, by an amendment of the original statute, to express in statute language the meaning of the legislature,' pp. 149-50.21. in the administrator-general of bengal v. prem lal ..... country in which the statute law and its judicial interpretation have reached an appreciable stage of evolution. some of them have already been adopted by the privy council and the indian high courts.17. in mohesh chandar v. madhub chunder 13 w.r. 85, the learned judges remark: 'it is not for us, i think, nor for the .....

Rustam and ors. Vs. Emperor

Court : Allahabad

Reported in : 6Ind.Cas.101

..... a mass of matter is introduced which sometimes with judges and often with assessors ranks as evidence.4. it is true that section 162 of act no. v of 1898 when amending the law so amended it as to make it open to the construction put upon it by the learned judges of the calcutta high court. but can we legitimately ..... calcutta high court in queen-empress v. bhairab chander chuckerbutty 2 c.w.n. 702 took the same view and held that the general provisions of section 157 of the indian evidence act of 1872, were overridden by the special provisions of section 162 of the code of criminal procedure. banerjee, j., said: 'in support of the fourth ground it is ..... made to the investigating police officer, that that section, so far as oral statements of the witnesses are concerned, is not in conflict with section 157 of the indian evidence act and those oral statements made to the police officer may be proved by calling him as a witness in order to corroborate the testimony of the witnesses.19. the .....

Waris Ali Khan Vs. Parshotham Narain

Court : Allahabad

Reported in : 6Ind.Cas.609

..... it is for bidden by law to do.10. it is further contended that the words shall presume' bear the same meaning as they bear under section 4 of the indian evidence act. and that there is no grave reason for interpreting these words as equivalent to 'shall conclusively presume.' in the first place, the meaning of 'shall presume' in the ..... is theirs and they must take the consequence. it is open, moreover, to any co-sharer or lamburdar to call attention to the errors in the khewal and to secure amendments there-of, and the legislature has attempted to force persons having' title and possession to bring-about the recording of their names in the record. [vide section 34(5) ..... of section 201, and the revenue court could then go into the question of title. to allow the defendant to secure from the collector an amendment of the khewat, under powers granted to him by the revenue act, cannot in any way amount to the court, seized of the suit, going behind the khewat. this to me appears to be a somewhat .....

Colonel Lecky Vs. Bank of Upper India, Ltd.

Court : Allahabad

Reported in : 9Ind.Cas.1023

..... procedure, 1882, were applications by a decree-holder to take some step in aid of execution within the meaning of clause 4 of column 3, article 179 of the indian limitation act 1877. this ruling would appear fatal to the objection raised by the appellant.7. the learned counsel for the appellant seeks to distinguish the present appeal from the case ..... be paid without any deduction other than the deductions authorised by it or by any royal warrant for the time being. this section was amended in 1895. by the army (annual) act 1895, section 4, to section 136 of the army act were added the words or by any law passed by the governor-general of india in council.' the section so ..... amended forms part of the army (annual) act 1910, now in force.13. in the army act, 1881, there stood a section, viz., 151, which authorized courts of small causes and civil courts in india upon adjudging payment of debts by a .....

Kallu and anr. Vs. Parbhu Lal

Court : Allahabad

Reported in : 28Ind.Cas.438

..... . jai kishen das 22 a. 224 : a.w.n. (1900) 52. that case, it is true, was decided before section 10 of the indian contract act had' been amended, but the amendment does not seem to make this case without value as a precedent. the observations of the chief justice, sir arthur strachey, lay down what is meant by ..... was that the defendants were unduly influenced to execute the kabuliat because there was a criminal case pending between the parties under sections 352 and 447 of the indian penal code and the plaintiff said he would not withdraw it unless the defendants executed the kabuliat. the lower appellate court considered this finding and disagreed with it ..... 'whether the defendants executed the said kabuliat, dated the 4th november 1909, through undue influence, and was that influence exercised by the plaintiff or by anybody else acting on his behalf? in the order of remand the court was directed to take such additional evidence as may be necessary for a proper decision. the finding returned .....