Court : Allahabad
Reported in : AIR1943All158
..... agra on 21st may 1937. section 80, civil p.c., was amended by the government of india (adaptation of indian laws) order, 1937, which came into operation on 1st april 1937. by clause (d) of the amended ' section no suit can be instituted against the crown until the ..... it has said is that the cause of action accrued before section 80 of the code was amended and that under section 179, government of india act of 1935, the notice was not defective. i am not able to see what section 179, government of ..... is material is that, in the case of any liability arising before the commencement of part 3 of the act--the part which deals with the governors' provinces --or arising under any contract or statute made or passed before that date, any proceedings ..... which, if the act had not been passed, might have been brought against the secretary of state in council, may be brought against the federation .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1943All26
..... contention has failed to carry conviction to my mind. in schedule 9 of the present government of india act, 1935, (hereinafter referred to as the constitution act) such provisions of the previous government of india act, with certain amendments, are set out as are to continue in force until the establishment of the federation. one of ..... not in the provincial legislative list. the power to make laws dealing with jurisdiction and power of courts as regards 'criminal law or matters included in the indian penal code' is not, therefore, within the exclusive competence of the provincial legislature. item 1 of the concurrent legislative list is as follows:criminal law, ..... legislatures to make laws for 'the constitution of criminal courts.' there is therefore no escape from the conclusion that the ordinance deals with matters about which the indian legislature was competent to legislate, and, as such, the ordinance is not ultra vires the governor-general.19. the conclusion that ordinance no. 2 comes .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1943All379
..... do not affect the question before me.11. the question for decision is, therefore, narrowed down to this : is it within the competence of the indian legislature to pass an act containing provisions identical to those contained in ordinance 19 in the consideration of this question, one must take note of the fact that it is well settled ..... judges delivered separate judgments. derbyshire c. j.in the course of his judgment, observed that in view of the circumstances under which, and the speed with which, the amending ordinance was passed, it would be unfair to criticise it in the way that a statute might be criticised. the proper course, in my opinion, is to take ..... as put down in the head-note of emperor v. benoari lal sarma :under section 292, government of india act, 1935, so long as sections 5, 28 and 29, criminal p. c., have not been 'altered, repealed or amended by a competent legislature or other competent authority' those provisions of the code must govern every criminal proceeding both .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1945All1
..... high court or whether it was only meant to apply to a contempt of a subordinate court and accordingly a second proviso was inserted by the contempt of courts (amendment) act 12 of 1937 as follows:provided further that notwithstanding anything elsewhere contained in any law no high court shall impose a sentence in excess of that specified in this section ..... a fine of rs. 1000 and has at the same time recognised the special jurisdiction of such courts to deal summarily with the offence. contempt is now punishable under an indian penal statute and there is an enactment within the meaning of section 5 (2), criminal p.c. in my judgment the basis for the decision in 10 cal. ..... at bombay. the comment in the 'bombay sentinel' in respect to which we issued notice for contempt was in the following terms : -the allahabad high court, where an indian happens to be the chief justice, alone refused to take any action until it sees with its own eyes a certified copy of the whole federal court's judgment.it .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1944All97
..... upon the memorandum of appeal and the court-fee paid thereon--which was in accordance with the amendment which had by that time been made in the court-fees act in respect of claims for maintenance--that the entire decree was attacked by the appeal. the ..... 6 of the written statement was wrong and had been entered by mistake and praying that para. 6 of the written statement be amended by substituting the figure of rs. 18,000 for rs. 27,000. this application was granted by an order of the same ..... a court of law in arriving at a fixed sum.the discretion exercised in making this induction when agreed to by two indian courts, or even by one, should not be lightly interfered with.lower down in that judgment their lordships referred to the ..... this record as to whether mahendra pratap singh is still alive. appellant's learned counsel has contended that under section 107, evidence act, the burden of proving that mahendra pratap singh was dead would lie on the plaintiff, if it was her case that he was .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1945All55
..... is applicable to this country under the indian copyright act except in so far as it has been modified by the indian copyright act and words and expressions defined in the said act have the same meaning as in the indian copyright act (see section 2, indian copyright act). under section 1, sub-section (2), imperial copyright act, 'copyright' means the sole right ..... they had prayed that the entire decree be set aside. learned counsel for the appellants prayed for two weeks time to file the necessary application for amendment of the memorandum of appeal and for payment of the requisite additional court-fees. sir tej bahadur sapru, learned counsel for the respondent, stated before ..... opportunity to further agitate this matter before us. we, therefore, gave the learned counsel for the appellants two weeks time to make the necessary application for amendment and to pay the requisite court-fees. the application has been filed and court-fees paid within the time allowed by us. we therefore hold that .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1945All102
..... 4,6,10 and 13, income-tax act, 11 of 1922, before it was amended by the income-tax (amendment) act, 1939, and references in this judgment to the act of 1922 will be to that act in its unamended form except where otherwise stated. section 3 of the act of 1922 enacts thatwhere any act of the indian legislature enacts that income-tax shall be charged ..... these conclusions, i have deliberately excluded from my mind section 10 (2) (xi), which was only added to the section by the income-tax (amendment) act, 1939. if it should be the case that the 1922 income-tax act, as unamended in this respect, left it open for a case possibly to arise in spite of section 48a of the ..... thing as 'income.' this, again, turned on the construction of the relevant statute of st. lucia and is no authority for the proposition that in construing the indian income-tax act, with the special provisions as to profits and gains of a business, and as to the manner of computation of those profits and gains according to the method .....
Tag this Judgment!Court : Allahabad
Reported in : [1946]14ITR1(All)
..... goods or money it was still in british india, had been brought into british india within the meaning of section 4(2) of the indian income-tax act (xi of 1922) before its amendment by the indian income-tax amendent act (vii of 1939). after having held that rs. 6,028 out of the assessed profits of rs. 9,573 was thus brought into ..... though the said income accrued or arose without british india it was received or brought into british india within the meaning of section 4(2) of the act, as it stood before its amendment in 1939.'we shall deal with the second part of the question first which relates to the estimated profit of concealed sales to semohi. the question ..... the said income accrued or arose without british india it was received or brought into british india within the meaning of section 4(2) of the act, as it stood before its amendment in 1939.'there is no difficulty in answering the first part of this question that the income-tax officer rightly included in the income liable to tax .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1946All89
..... from the fact that a decree is under suspension that it is not open to the judgment-debtor to make an application under section 8, debt redemption act, and to get such amendment of the decree as may be permissible under that section.29. as regards the second question, i am clearly of opinion that in view of the ..... years earlier.26. in this connexion i am not much impressed by argument based on the provisions of sub-section (2) of section 8, debt redemption act, which provides that a decree amended under the provisions of sub-section (1) shall be deemed to bear the date of the original decree. such a provision was obviously necessary because without ..... which it was obvious that it was always intended to take. but that is not the position which arises upon an application for amendment under section 5, agriculturists' relief act, or section 8, debt redemption act. an application under either of these sections gives rise at once to an issue of fact as to whether the defendant judgment-debtor .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1946All269
..... in construing the effect of the amendment of 1936 in the indian act, that does not, in my opinion, overcome the significant circumstance that the legislature in india has expressly removed one period of limitation in favour of another. ..... the meaning of the words 'money due.' i do not overlook that, in the construction also of section 276 of the english act of 1929, of which sub-section (1) of section 235 of the indian act, before amendment was an exact copy, it has been held that no new cause of action accrued to a liquidator on his appointment. but, ..... of any real assistance to us. for these reasons, in my view, on the true construction of section 235(1), indian companies act, 1913, asit now stands, the only period of limitation to be applied, in cases governed by the amended section, is that contained in sub-section (1) itself. that of course, does not mean that the section has .....
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