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Judgment Search Results Home > Cases Phrase: indian coinage act 1906 section 13 coin when a legal tender Court: privy council Page 1 of about 2 results (0.007 seconds)

Nov 17 1925 (PC)

Manilal Virchand Banker Vs. A.C. Bussel

Court : Mumbai

Reported in : (1926)28BOMLR515; 95Ind.Cas.552

..... 10 per sovereign, the appellate judge agreed with that finding, section 11 of the indian coinage act merely provides that in india the sovereign will be good tender for rs. ..... the learned judge raised an issue : 'at what rate should the sovereign be valued for the purposes of this suit,' and considered that in view of the clear provision of section 11 of the indian coinage act (xxxvi of 1920) the plaintiff could not be allowed to claim in rupees more than rs. ..... 10 in indian coinage, then if he tenders a sovereign, that will be recognised as good tender. ..... but for the converse it is not correct to say that if a owes b one , in england he can discharge that debt in india by tendering ra, 10. .....

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Mar 24 1919 (PC)

Shrinivasdas Lakshminarayan Vs. Ramchandra Ramrattandas

Court : Mumbai

Reported in : (1919)21BOMLR788

..... the coinage act, iii of 1906, made gold coins legal tender at the rate of fifteen rupees ..... urged before us on this appeal that the learned judge ought to have bean guided by the dicta of the english judges and not to have extended the law of public policy under section 23 of the indian contract act so as to comprehend all the political policies from time to time of the government in india.34. ..... which the learned judge himself is driven when he falls back in the last part of his judgment on the notifications of june 1917 and august 1918 as indicia of what is contrary to public policy in connection with the gold currency.but if the case is to be decided on the notifications the contracts must be shown to be forbidden by law and would then fall under the first head of s, 23 of the indian contract act and any reference to public policy would ..... financial statement was referred to in the argument of this appeal and i propose to refer to it again as a public document containing an authoritative statement of the financial position of the government in 1918 when the notification of august was issued from which inferences may be drawn as to the policy of the government in issuing it.17. ..... to extend arbitrarily those rules which say that a given contract is void as being against public policy, because if there is one thing which more than another public policy requires it is that contracts when entered into freely and voluntarily shall be held sacred and shall be enforced by courts of justice. .....

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Jan 25 1946 (PC)

J.M. D'souza Vs. the Reserve Bank of India

Court : Mumbai

Reported in : AIR1946Bom510; (1946)48BOMLR365

..... (2) the bank shall, in exchange for currency notes or bank notes of five rupees or upwards, supply currency notes or bank notes of lower value or other coins which are legal tender under the indian coinage act, 1906, in such quantities as may, in the opinion of the bank, be required for circulation; and the central government shall supply such coins to the bank on demand. ..... provides:-on the expiry of the 12th day of january 1946, all high denomination bank-notes shall, notwithstanding anything contained in section 26 of the reserve bank of india act, 1934 (act ii of 1934), cease to be legal tender in payment or on account at any place in british india.section 4 says:-save as provided by or under this ordinance, no person shall after the 12th day of january ,1946 transfer to the possession of another person or receive into his possession from another person any high ..... for the appellant contends that these sections deal only with the exchange of notes for rupee coin or notes of other denominations under section 39 of the reserve bank of india act, 1934, and do not affect the bank's obligation to carry out ' the promise to pay ' made in such bank notes when they were issued. ..... munshi referred to the definition of the word ' exchange ' in section 118 of the transfer of property act, which is as follows:-when two persons mutually transfer the ownership of one thing for the ownership of another, neither thing nor both things being money only, the transaction is called an 'exchange .....

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May 12 1944 (PC)

Bireswar Banerji Vs. Emperor

Court : Kolkata

Reported in : AIR1944Cal417

..... have been misled by discovering that under the indian coinage act (act 3 of 1906) a rupee is legal tender. ..... not appear to have observed that under section 26, beserve bank of india act (act 2 of 1934) bank notes which may be of denominational values from rupees five to rupees ten thousand are also legal tender. ..... case against the petitioner under section 21, calcutta tramways act, though he was in error in thinking that his offer of a rupee provided the change was given was a proper payment of the legal fare, we think that in the circumstances of the case it cannot be said that he wished to avoid payment within the meaning of section 21 of the act. ..... rule 921 has been obtained by the petitioner against an order of conviction under section 21, calcutta tramways act (bengal act 1 of 1880) in a case in which the learned presidency magistrate inflicted no substantive sentence, but, as he expressed it, warned and ..... the question whether particular acts or omissions amount to avoidance of payment of the fare within the meaning of this section is a question of fact to be determined on the circumstances ..... fixed for their appearance, 6th august 1943, the petitioner was being tried in another court in the same building in the petty case under section 21, calcutta tramways act. ..... to give change evidently some heat was engendered and eventually both parties found themselves at hastings thana, and the petitioner was challaned for 'non-payment'' of the tram fare under section 21, calcutta tramways act. .....

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Oct 19 1923 (PC)

Best and Co., Ltd., Agents of the Nobel's Explosives Co., Ltd. Vs. the ...

Court : Chennai

Reported in : 79Ind.Cas.928; (1924)46MLJ217

..... ,' or at the very least, if such exclusion was intended, one would expect to find it when it is not in the section, then in the schedule by a definite explanation or proviso that companies with capital denominated in foreign currency should not be liable ..... because i think that the utmost that you find is the absence, so to speak, of a table for the commutation of foreign coinage into the coinage of the country, and it seems to me that that failure is not enough to defeat the plain intention of the governing s ..... if it had been intended by the legislature to tax only indian companies with a rupee denomination of capital, the natural place for such limitation would have been in the section itself and the words would have been ' every incorporated company with a capital ..... because it appears to me that the act might well contemplate that any taxing authority in any country can always by a not very difficult feat turn the coinage of one country into the terms of the coinage of the country where the act is passed and where the tax ..... that, having regard to the rates of exchange as they have been in later years, it is almost inconceivable to imagine an act fixing anything in the nature of a table except by reference to some date on which the rate of exchange is to be ..... i am not sure that there would be anything illegal or impossible in an indian company registering itself under the act with its capital in pounds or francs, and if it could do so, it would, under the construction contended for, .....

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Oct 19 1923 (PC)

Best and Co. Ltd. Agents of the Nobel's Explosive Co. Ltd. Vs. the Cor ...

Court : Chennai

Reported in : (1924)ILR47Mad262

..... of a table for the commutation of foreign coinage into the coinage of the country, and it seems to me that that failure is not enough to defeat the plain intention of the governing section 110, because it appears to me that the act might well contemplate that any taxing authority in any country can always, by a not very difficult feat, turn the coinage of one country into the terms of the coinage of the country where the act is passed and where the tax is received. ..... if it had been intended by the legislature to tax only indian companies with a rupee denomination of capital, the natural place for such limitation would have been in the section itself and the words would have been 'every incorporated company with a capital in rupees, ..... may add that, having regard to the rates of exchange as they have been in later years, it is almost inconceivable to imagine an act fixing anything in the nature of a table except by reference to some date on which the rate of exchange is to be fixed. ..... ', or at the very least, if such exclusion was intended, one would expect to find it when it is not in the section, then in the schedule by a definite explanation or proviso that companies with capital denominated in foreign currency should not be liable to the tax ..... i am not sure that there would be anything illegal or impossible in an indian company registering itself under the act with its capital in pounds or francs, and if it could do so, it would, under the construction contended for, escape the .....

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Oct 19 1923 (PC)

Best and Co. Ltd. Vs. the Corporation of Madras

Court : Chennai

Reported in : AIR1924Mad420

..... company formed and registered, under that act, or an existing company, section 15 of act provides for the registration of companies and section 23 for the certifying of incorporation; and it is, therefore, only reasonable to suppose that by an 'incorporated company' in section 110 of madras act iv of 1919, a company registered under section 15 of the indian companies act and incorporated under section 23 is intended. ..... of a table for the commutation of foreign coinage into the coinage of the country; and it seems to me that that failure is not enough to defeat the plain intention of the governing section 110; because, it appears to me that the act might well contemplate that any taxing authority in any country can always by a not very difficult feat turn the coinage of one country into the terms of the coinage of the country, where the act is passed and where the tax is received ..... whether the devolution of the estate of one deceased person has been reduced to possession or not, when administration is sought for the estate of a person, on whom some other estate has devolved, stamp duty is payable on the values of the estate of the person, who died intestate, as well as for the administration of the estate ..... the conduct of assessees does not estop them from, or stand in the way of, raising a legal objection, yet it shows how both the corporation and the companies understood the provisions of the acts of 1884 and 1904. ..... companies with capital in foreign coin are intended to be included .....

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Jun 30 1938 (PC)

Edgar Sammut and Another Vs. Strickland

Court : Privy Council

..... lawful for us and our successors, by and with the advice and consent of the senate and legislative assembly, subject to the provisions of these our letters patent, to make laws, to be entitled ' acts, ' for the peace, order and good government of malta, with the following limitations, namely that the said power to make laws shall not extend to matters (hereinafter referred to as reserved matters) touching ..... conclusion that there is no valid ground, either on principle or authority, for holding that the royal prerogative had been so far extinguished, when the principal letters patent were issued in 1921, that after they were revoked the prerogative did not exist. ..... it seems to their lordships that counsel for the respondent was acting wisely when he admitted without hesitation that since 1813 the sovereignty of the island had been in the crown, and when he said little or nothing in support of the contention set forth in the respondent's case to the effect that the subsequent exercise of rights on ..... of them given in a work of high authority seems to be correct: malta, acquired by cession, was long governed under a crown colony regime, but in 1921 on the analogy of the new indian constitution a complex system of dyarchy was introduced: anson's law and customs of the constitution, 4th edn. ..... was reserved to the crown by the section "full power and authority from time ..... they included merchant shipping, external trade, immigration, coinage, and the appointment and remuneration of judges of .....

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Dec 21 1948 (PC)

Arbind Kumar Deb and ors. Vs. Rex.

Court : Allahabad

Reported in : 1949CriLJ701

..... we are accordingly of opinion that the fact that the authorities did not, either in this control order or in directions issued thereunder, provide for the mode in which the dealers were to act in the event of such cloth remaining with them undisposed of, would itself amount to 'lawful excuse' does not necessitate any active steps on the part of the dealers prior to 31st december 1944, for getting rid of ..... in unopened bales after six months from that date.the textile commissioner desires it to be known that no extensions will be given in the time for disposal now laid down unless for the most compelling reasons, when the holder of the goods can show that they could not be sold due to causes entirely beyond his controlsandlot cloth is exempted from the above provisions.27. ..... rule 48 (1) reads:no person shall without lawful authority use or wear (a) any official uniform, indian, british or foreign or.it would appear from a consideration of the provisions of these rules, that a distinction is drawn by the rule-making authority between different kinds of prohibitions. ..... 1182), a bench of two learned judges of the bombay high court had to consider the mean-ing of the expression 'lawful excuse' in section 61 (a), bombay district police act (bombay act iv [4] of 1890). ..... reference may be made to the coinage offences act of 1s61 (24 and 26 viet. 0 99). in s3. ..... in the case of superintendent and remembrance of legal affairs, bengal v. ..... in the coin laws consolidation act. ..... making tools for coining. .....

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Dec 21 1948 (PC)

Arbind Kumar Deb and ors. Vs. Rex

Court : Allahabad

Reported in : AIR1949All473

..... we are accordingly of opinion that the fact that the authorities did not, either in this control order or in directions issued thereunder, provide for the mode in which the dealers were to act in the event of such cloth remaining with them undisposed of, would itself amount to 'lawful excuse' does not necessitate any active steps on the part of the dealers prior to 31st december 1944, for getting ..... bales after six months from that date.the textile commissioner desires it to be known that no extensions will be given in the time for disposal now laid down unless for the most compelling reasons, when the holder of the goods can show that they could not be sold due to causes entirely beyond his control.handloom cloth is exempted from the above provisions.27. ..... 531:in my opinion the word 'lawful' as used with the word 'excuse', in clause (a) of section 61, bombay district police act, conveys the idea of an excuse that is (a) reasonable and (b) not opposed to any law or principle of law.but shah j. ..... rule 48(1) reads:no person shall without lawful authority use or wear - (a) any official uniform, indian, british or foreign or.it would appear from a consideration of the provisions of these rules, that a distinction is drawn by the rule-making authority between different kinds ..... reference may be made to the coinage offences act of 1861 (24 and 26 vict. ..... case of superintendent and remembrancer of legal affairs, bengal v. ..... in the coin laws consolidation act (1832) (2 and 3 w. ..... for coining. .....

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