Court : Allahabad
Reported in : AIR1933All764
..... , it is difficult to know what it do include.again:the local legislature has in a number of instances, both under the indian councils act of 18g1 and under the government of india act, created tribunals for particular purposes or excluded the jurisdiction of the civil courts in particular cases. the enactments containing these provisions have ..... legislative council, and also of the governer-general in council under section 71, government of india act, 1915, and also of the governor-general in cases of emergency under section 72 of that act and may be in all respects amended and altered thereby.31. it was argued that as section 35 does refer to the government ..... legislatures couldmake laws and regulations for the peace and good government of such presidency, and for that purpose to repeal and amend any laws and regulations made prior to the coming into operation of this act by any authority in india, so far as they affect such presidency : provided always, that such governor in council shall .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1933All861
..... of the civil p.c., in conducting a trial, and that the agreement of parties does not give the court jurisdiction toadopt a, different procedure. act 5 of 1908 is entitledan act to consolidate and amend the laws relating to the procedure of the courts of civil judicature.45. this indicates that the code deals exhaustively with the subject, as the laws ..... to a single judge or larger bench for the determination of the following questions and disposal of the case:(1) can the parties to a suit agree, apart from the indian oaths act, that they will abide by the statement of a witness, including one who is a party to the suit and can they 'leave the decision of all points' ..... . i agree with my learned brother in his finding that the application does not come under the oaths act.36. the suggestion has been made that defendant 1 can be treated as a person coming under section 20 of the indian evidence act. but that section deals with persons to whom a party refers for information and not to a person .....
Tag this Judgment!Court : Allahabad
Reported in : 150Ind.Cas.699
..... patent are subject to the legislative powers of the governor-general in legislative council. it follows that the provisions of the letters patent can be amended from time to time by imperial act and that fresh jurisdiction not specifically conferred by the letters patent may be conferred on the high court to hear and try cases not expressly provided ..... and issuing of commissions. section 13(2) provides that such enquiry shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the indian penal code; and a tribunal shall be deemed to be a civil court for the purposes of sections 480, 482 and 485 of the criminal procedure code.16. lastly, the ..... that the order passed in such a proceeding is not an order passed in the exercise of original jurisdiction of the high court, conferred upon it by the indian bar councils act, modifying to some extent the power conferred upon it by the letters patent. at the same time, we would say that the mere fact that the words .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1934All740; 153Ind.Cas.824
..... of princes and states in india in alliance with her majesty, whether in the service of the government of india or otherwise.10. further extensions of the indian councils act of 1861 were made by the amending act of 1869 (32 and 33 victoria, ch. 98) and by that of 1892 (55 and 56 victoria, ch. 14). the ..... indian councils act of 1909 and the government of india act of 1919, which did not effect any charge of substance, were passed after the civil procedure code and need not be considered in detail. it is ..... not necessary to consider the question whether a person residing in an indian state should be considered a foreigner or british subject, as in either case under the indian councils act of 1861 as amended subsequently, the governor-general of india in council is authorised to make laws applicable to them. ample safeguards were .....
Tag this Judgment!Court : Allahabad
Reported in : [1934]2ITR129(All)
..... reference was made for the assessee to act no. xviii of 1933 amending the indian income-tax act, which was published in the u.p. gazette of october 7, 1933, at page 154. by section 28 of the amending act an amendment is made in section 66 of the income tax act. it was claimed that by that amendment if there was a revision under ..... of the assessee. this is a very common delusion and is constantly brought forward in argument. the theory is contrary to the provisions of section 103 of the indian evidence act, which is as follows :-the burden of proof as to any particular fact lies on that person who wishes the court to believe in its existence, unless ..... was rejected. the assessee then filed an appeal before the assistant commissioner of income tax both against the order rejecting the application under section 27 of the income tax act and against the best judgment assessment under section 23 (4), and he claimed that it should be treated as an assessment under section 23 (3). on september 1 .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1934All559; 150Ind.Cas.197
..... was made for the assessee, to act no. 18 of 1933 amending the indian income-tax act which was published in the u.p. gazette of october 7, 1933, at p. 154. by section 28 of the amending act an amendment is made in section 66 of the income-tax act. it was claimed that by that amendment if there was a revision under section ..... exchequer, which had this special jurisdiction. but there is no such jurisdiction granted to the high courts in india by their letters patent. nor by any act, as in general these acts dealing with land revenue etc. provide that such taxation shall be excluded from the jurisdiction of the high courts, and there are special revenue courts in ..... rejected. the assessee then filed an appeal before the assistant commissioner of income-tax both against the order rejecting the application under section 27, of the income-tax act, and against the best judgment assessment under section 23(4) and he claimed that it should be treated as an assessment under section 23(3). on the 1st .....
Tag this Judgment!Court : Allahabad
Reported in : 153Ind.Cas.214
..... until july 1, 1930, under section 1(2) and the plaint was brought on april 22, 1930. the plaint, therefore, comes under the act ii of 1911, and not under the amending act.3. in the written statement it was admitted that the plaintiff had got this design registered and it was claimed that the invention of the plaintiff ..... certifying that a design no. 43516 had been registered in respect of the application of such design to trays of brass or other suitable metal under the indian patents and designs act of 1911. the photograph which is attached shows a large brass tray and the agents for the applicant specified the novelty by stating: 'the novelty of the ..... a matter of practice in england it is apparently usual for the defence to make an application to the court similar to the application under section 64 of the indian act for rectification of the register. that proceeding is no doubt convenient in england because the court hearing the suit for infringement is the same court to which such .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1934All798
..... until the first day of july 1930, under section 1(2), and the plaint was brought on 22nd april 1930, the plaint therefore comes under act 2 of 1911 and not under the amending act. in the written statement it was admitted that the plaintiff bad got this design registered and it was claimed that the invention of the plaintiff had ..... both sides has been given and therefore it is a question for the courts to weigh that evidence and come to a finding. the english act the patents and designs act of 1907 is precisely similar to the indian act 2 of 1911 in its provisions. learned counsel referred to smith v. grigg ltd. (1924) 1 k.b. 655. that was an ..... point. as a matter of practice in england it is apparently usual for the defence to make an application to the court similar to the application under section 64, indian act, fox rectification of the register. that proceeding is no doubt convenient in england because the court hearing the suit for infringement is the same court to which such an .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1934All626; 150Ind.Cas.1096
..... of their lordships. their lordships referred to an english decision and remarked thatit is, they think, always dangerous to apply english decisions to the construction of an indian act.49. having said so, their lordships continued:the clause there under consideration differed widely from that now before their lordships and indeed from the clauses with which the ..... court used to hold that limitation for an application for restitution was not governed by the article governing an application for the execution of a decree, and the amendments made in the code of 1908, seem to show that the legislature intended that view to prevail. if it results in unintended hardship then the legislature can ..... b.), which was a case of execution, and muhammad sulaiman khan v. muhammad yar khan (1889) 11 all. 267 (f.b.), which was a case of an amendment of a decree. in both these cases it had been held that the operative decree is the decree passed finally by the appellate court. the learned judge observed that .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1935All310
..... re : welsbach incandescent gas light co., ltd. (1904) 1 ch. d. 87, was decided the english companies act contained provisions analogous to section 153, companies act (see section 2, joint stock companies act, 1870, as amended by section 24, companies act, 1900). further the case of in re : australian estates and mortgage co. ltd. (1910) 1 ch. d. ..... a resolution similar to the august resolution in the present case did not require the sanction of the court, though section 120, english companies act, 1908, was identical with section 153 of the indian act.35. before we leave this point we must notice the decision in in re : j.a. nordberg (1915) 2 ch. d. ..... formulated his objections on the following three alternative grounds : (1) that this court has no jurisdiction to revise orders passed by a district court under the indian companies act, (2) that a district court exercising jurisdiction in company matters is not a court subordinate to the high court within the meaning of section 115, civil .....
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