Judgment Search Results Home > Cases Phrase: indian coinage act 1906 section 13 coin when a legal tender Page 10 of about 294 results (0.086 seconds)

Raja Gopalan Vs. Rajamma

Court : Kerala

Reported in : AIR1967Ker181

..... proceeding on this basis that this was the state of the law governing hindus prior to the hindu marriage act 1955, and on the basis that section 25 of the hindu marriage act, more or less follows section 37 of me indian divorce act 1869, the learned judge finally comes to the conclusion that on the basis of the english authorities referred to by him, the wife though unchaste, is entitled to ..... , it may also be stated that based upon the english statute, there are certain wide observations contained in some of the commentaries in the text books dealing with this particular act to the effect that the discretion vested in the court under section 25(1) is very wide and that in the exercise of that discretion a court may make an order in favour of a wife even if a decree for judicial separation has ..... of the learned counsel for the respondent that at the stage of considering a request under section 25(1) the court is to ignore this circumstance, and nevertheless direct the husband to pay maintenance, is to be accepted then what is the object, when the statute itself says that if later on the party is shown to be unfaithful that ..... if there is no such legal right, by whatever term one may call it, allowance, starving maintenance or similar expressions in my opinion, such award will be ..... if there is a legal bar, in my opinion, there is no question of awarding any amount whatsoever, by whatever name it may be called--in this case by the first court as starving allowance and by the appellate .....

Pooranchand and ors. Vs. Shriram and ors.

Court : Rajasthan

Reported in : AIR1963Raj245

..... counsel for the respondents that the preliminary decree passed by the court was in accordance with the award, that although the defendants had challenged the validity of the award in an appeal under section 39 of the arbitration act, it was in essence an appeal against the preliminary decree, because the preliminary decree and the award were identical, that after the decision of this court on 3rd july 1961 the order ..... more vehemently urged by learned counsel for the appellants is, that the respondents' application for obtaining the final decree was covered by article 181, indian limitation act, that under the said article, the prescribed period of three years commenced from the date when the right to apply accrued, that the right to apply for the final decree accrued on 10th december, 1956 immediately after the preliminary ..... appeal, which was filed by his clients in this court, was filed under section 39 of the arbitration act against the order of the sub judge, ajmer, dated 10th december, 1956, refusing to set aside the award, that it was not an appeal from the preliminary decree and therefore the fact that the respondents were impleaded as legal representatives of the deceased plaintiff in the said appeal did not enure to their ..... obligatory for the plaintiffs to file an application for the final decree and the situation created was similar to the one which prevailed, at the time when section 88 of the transfer of property act was not amended by the code of civil procedure. .....

Amrutanjan Ltd. Vs. Commissioner of Income-tax, Madras.

Court : Chennai

Reported in : [1961]41ITR21(Mad)

..... tax the bombay high court held that the expression 'public', in the explanation to section 23a of the indian income-tax act was used in contra-distinction to the directors, and that it could not be ..... power have been allotted unconditionally to, or acquired unconditionally by, and are at the end of the previous year beneficial held by, the public (not including a company to which the provisions of this sub-section apply), and if any such shares have in the course of such previous year been the subject of dealings in any stock exchange in the taxable territories or are in fact freely transferable by the ..... they penal or beneficial, restrictive or enlarging of the common law) four things are to be discerned and considered :first what was the common law before the making of the act,second what was the mischief and defect for which the common law did not provide,third what remedy the parliament hath resolved and appointed to cure the disease of the commonwealth, andfourth ..... that case that the directors of the company might be regarded as having a controlling interest in the company, when they held the majority of shares which, on the articles of association of the company, carried the right to ..... in spencers case it observed at page 126 :'besides, the legal fiction enacted by section 23a does correspond to reality, if the veil of the legal personality of the corporate person, the company, is pierced, in order to look ..... corporate personality as legally distinct from his ..... legal ..... legal ..... legal .....

Christinamary Stella Vs. Dr. Vijay Siddharaj and anr.

Court : Chennai

Reported in : (1979)1MLJ57

..... respondent contracted a marriage with another woman within the meaning of section 3(8) of the indian divorce act when the former spouse of his was alive and without her consent ..... the pleadings or in the course of the hearing of the petition or at any other specific subsequent stage, this could be taken into consideration and a mere accent upon the verb 'shall' in section 47 shall not be the sole criteria for the dismissal of a petition by a wife who is faced with a circumstance where her husband has openly violated the matrimonial bondage and taken a second wife ..... in marriage during the subsistence of the first spouse the application for dissolution of marriage was filed in the district court of pudukkottai under section 10 of the indian divorce act. ..... no doubt, the language of section 47 of the divorce act says that every petition under the act for a decree of dissolution of marriage, or of nullity of marriage, or of judicial separation shall state that there is not any collusion or connivance ..... merits, the mere absence of a specific plea about the absence of collusion would not vitiate the entire matter so as to compel a court exercising jurisdiction under the indian divorce act, to dismiss the petition in limine. ..... act which entitled her to present a petition for dissolution of marriage under section 10 of the divorce act ..... as to collusion has not been expressly mentioned and that such a reference as to collusion is the sine qua non for the grant of relief under the indian divorce act. .....

Sarkar Estates (Private) Ltd. Vs. Kusumika Iron Works (Private) Ltd. a ...

Court : Kolkata

Reported in : AIR1961Cal439,[1962]32CompCas575(Cal)

..... when a registered letter of demand, which is properly addressed, comes back with the endorsement of refusal made by the postal peon, the ordinary presumption which arises in the case of service by registered post under section 27 of the general clauses act and sections 114 and 16 of the indian evidence act is available to the creditor and the creditor can relyon the endorsement of refusal for proof of the fact that the letter had been duly delivered or tender ..... which read as follows :'a document may be served on a company by leaving it at, or sending it by post to, the registered office of the company'.in the act of 1956 section 148 has undergone certain modifications and the modifications are embodied in section 51 of the act which reads as follows :'a document may be served on a company or an officer thereof by sending it to the company or officer at the registered office of the company by post under a certificate of posting or by registered post, ..... the other point which has been argued on behalf of the appellant company is that section 434(1)(a) of the indian companies act, 1956, requires that the statutory notice of demand has to be served on the company 'by causing it to be delivered at its registered office, by registered post or otherwise'; but as in the ..... company that the verification clause not being in accordance with order 19, rule 3 of the code, there is no legal evidence before the court to prove the service of the letter of demand upon the appellant company.3. .....

Smt. Bani Roy Chowdhury Vs. Competent Authority, Inspecting Assistant ...

Court : Kolkata

Reported in : [1978]112ITR111(Cal)

..... lakhmani mewal das : [1976]103itr437(sc) , the supreme court in dealing with the expression 'reason to believe' as appearing in section 147(a) and section 147(b) and section 148 of the income-tax act, 1961, which is similar in terms as that of section 34(1)(a) and (b) of the indian income-tax act, 1922, at page 448, made the following observation :' as stated earlier, the reasons for the formation of the belief must have a rational connection with or relevant bearing on the formation of the belief. ..... arising from the transfer; or (b) facilitating the concealment of any income or any moneys or other assets which have not been or which ought to be disclosed by the transferee for the purposes of the indian income-tax act, 1922 (11 of 1922), or this act or the wealth-tax act, 1957 (27 of 1957), the competent authority may, subject to the provisions of this chapter, initiate proceedings for the acquisition of such property under this chapter : provided that before initiating such ..... pal, appearing on behalf of the respondent, contends that in so far as the presumption provided under sub-section (2) of section 269c is concerned, the same along with the other provisions of the said sub-section would be attracted, even at the stage when the competent authority has been forming his opinion to arrive at his reasons to believe. ..... in any event, the link was too tenuous to provide a legally sound basis for reopening the assessment.'23. .....

Mahaluxmi Bank Ltd. Vs. Registrar of Companies, West Bengal

Court : Kolkata

Reported in : AIR1961Cal666,[1961]31CompCas287(Cal),65CWN99

..... a misconception of the true nature and character of & banking business.reliance is placed by the learned counsel for the appellant company on the definition of the word 'banking' as given in section 5 (1) (b) of the banking companies act, 1949, which is as follows:' 'banking' means the accepting, for the purpose of lending or investment, of deposits of money from the public, repayable on demand or otherwise, and withdrawable by ..... to implement the scheme of arrangement which was sanctioned by this court under section 153 of the indian companies act on 27th february, 1950 and it is now trying to get rid of the scheme and the controlling provisions of the banking companies act by this process of abandoning the banking business and, so the application ..... moreover, when the principal clauses of the memorandum relating to the carrying on of the banking business have already been deleted by an order of this court dated the 25th january, 1955 and this order has become conclusive upon registration under section 18(1) of the companies act, one finds it difficult to follow how can the petitioner ..... at page 196 neville, j, made the following observations:'upon the slender legal foundation of this borrowing power, however, was reared the huge structure of the birkbeck bank, and the question arises as to whether the carrying on ..... is receiving money on deposit, allowing the same to be drawn against as and when the depositor desires, and paying interest on the amounts standing on deposit.''7. .....

Yogesh Duggal and ors. Vs. State and ors.

Court : Delhi

..... briefly stating the facts of the case are; the appellants filed a petition under section 276 of indian succession act, 1925 in november, 1994 for grant of probate of a will dated 12.08.1971 of their ..... to be an application to a court for the reason that sections 4 and 5 of the 1963 limitation act speak of expiry of prescribed period when court is closed and extension of prescribed period if the applicant or the appellant satisfies the court that he had sufficient cause for not preferring the appeal or making the application during such period.the conclusion we reach is that article 137 of the 1963 limitation act will apply to any petition or application filed under any ..... was the son-in- law of the testatrix, shri k.k.burman pw-1, it is submitted by the appellants that his statement was recorded on 19.02.1997 and 20.05.1998/10.03.1999 and though he was a close relation of all the legal heirs of the late testatrix but he had neither any interest in the property nor was he interested in the appellants. ..... unwarranted;(c) such an application is for the courts permission to perform a legal duty created by a will or for recognition as a testamentary trustee and is a continuous right which can be exercised any time after the death of the deceased, as long as the right to do so survives and the object of the trust exists or any part of the trust, if created, remains to be executed;(d) the right to apply would accrue when it becomes necessary to apply which may not necessarily be within 3 .....

United Labour Union and Others Vs. Union of India and Others

Court : Mumbai

Reported in : (1989)91BOMLR770; [1990(60)FLR686]; (1991)ILLJ89Bom

..... this case it was observed as follows :'this decision does not lay down that any of the statutory corporations and other bodies which are expressly included in section 2(a) of the industrial disputes act, 1947 either originally or by virtue of the amendment of 1982 cannot be said to be an industry carried on 'by or under the authority of ..... under section 19 all licences which were granted under the indian aircraft act, 1934, ceased ..... it is necessary to draw attention to the definition of 'appropriate government', as set out in section 2(a)(i) of the industrial disputes act, 1947 which provides that 'appropriate government' means : (i) in relation to any industrial dispute concerning any industry carried on by or under the authority of central government (omitting the words not necessary for the ..... in these cases it has been held that a corporation has a separate legal entity of its own; that merely because there are extensive powers of control it does not mean that the corporation is an agency ..... under section 2(2)(b) a workman is deemed to be employed as contract labour when he is hired by or ..... held that the words 'under the authority of' mean pursuant to the authority such as when an agent or a servant acts under or pursuant to the authority of his principal or master. ..... in the early days, when the government had limited functions, it could operate effectively through natural persons constituting its civil service and they were found adequate to discharge governmental functions, which were .....

Ratakonda Kanthamma and ors. Vs. District Registrar and anr.

Court : Andhra Pradesh

Reported in : 2007(4)ALD13

..... is, accordingly, allowed and the second respondent is directed to register and release the document by accepting the stamp duty at 1%, after ensuring compliance with the other provisions of the indian stamp act and the registration act, within two weeks from the date of receipt of a copy of this order. ..... of 1% on the value of the property was paid as per article 49-a of schedule i-a of the indian stamp act, as it applies to the state of andhra pradesh. ..... from a perusal of clause (b) of section 12 of the act, it is evident that if any property had vested in the child before adoption, the adoption would not have any ..... learned counsel for the petitioners submits that the adoption of the second petitioner did not bring about any change as to his right to be allotted a share in the family of his natural parents and section 12(b) of the hindu adoptions and maintenance act, 1956, preserves such a right. ..... the petitioner can avail the remedies provided for under the indian stamp act and the registration act.6. ..... there is nothing on record to disclose that any acts or omissions, which have the effect of divesting the second petitioner of his right to a share in the natural family ..... the second respondent ought to have acted on the same, instead of protracting the issue, and taking it the higher authorities, as though he is party to an ..... when it comes to the question of inheritance of the property of his natural parents, by the child, the act made a provision for preserving his right vis-a-vis .....