Judgment Search Results Home > Cases Phrase: indian coinage act 1906 section 13 coin when a legal tender Page 3 of about 294 results (0.149 seconds)

Parikh Amratlal Ramanlal and ors. Vs. Rami Mafatlal Girdharlal and ors ...

Court : Gujarat

Reported in : (1982)2GLR337

..... whether the general power of attorney holder of a party can be a competent witness on behalf of a party before a judicial tribunal or authority has to be answered in the light of section 118 of the indian evidence act as already shown above and for answering that question the provisions of order 3 rules i or rule 2(a) are beside the point and can afford no guidance whatsoever as a result, it ..... all persons shall be competent to testify unless the court considers that they are prevented from understanding the questions put to them, or from giving rational answers to those questions, by tender years, extreme old age, disease, whether of body or mind, or any other cause of the same kind.explanation: a lunatic is not incompetent to testify, unless he is ..... oath before the mamlatdar who was conducting a judicial proceeding and who could exercise the same powers as a mamlatdar's court under the mamlatdar courts act, 1906 and who bad to follow the provisions of the said act, as laid down by section 72 read with section 80 of the act. ..... a short but an interesting an question regarding the legality of deposition given by the general power of attorney ..... it has been observed in that connection that when a landlord makes an application for the eviction of a tenant on the ground that he requires the premises bona fide for the purpose of immediate demolition and reconstruction under section 14(1)(b) of the madras act, the word 'bona fide' plays an important part 'bona fide, may be proved in .....

O. Rm. M. Sp. Sv. Firm Vs. Commissioner of Income-tax, Madras.

Court : Chennai

Reported in : [1964]52ITR801(Mad)

..... (3) where any business, profession or vocation on which tax was at any time charged under the provisions of the indian income-tax act, 1918 (vii of 1918), is discontinued, then, unless there has been a succession by virtue of which the provisions of sub-section (4) have been rendered applicable, no tax shall be payable in respect of the income, profits and gains of the period between the end of the previous year and the date of such discontinuance, and the assessee ..... it is possible to interpret section 25(4) as meaning that if in fact there was an assessment of the business carried on in a foreign territory, though legally such assessment was not permissible, the requirement of the section is satisfied and it would not be now open to us to question the legality of such assessment made under the provisions of the act of 1918. ..... the view taken by this court was that when a hindu undivided family carrying on a business, which was taxed under the act of 1918, becomes disrupted and the members continue the business thereafter as partners, there can be no discontinuance (which means cessation), but only succession by the firm to the business of the family. .....

Sundaramoorthy Vs. Chief Conservator Officer

Court : Chennai

..... brush aside an important fact that 'a tree patta holder' is a known occupier of the land coming within the ambit of section 6 of the tamil nadu forest act as per decision reported in vol.xii madras series 203 (full bench) (reference under section 39 of act v of 1882).also that, rights to lands do not get extinguished under section 9 of the indian forest act for not claiming within time, if the land does not fall under section 3 of the said act, as per decision the state of u.p., v. ..... 9.it is the further contention of the respondents is that the right to collect tamarind fruits is only an individual right and the petitioners.who claim to be the purported legal heirs of late venkataswami, ought to have approached the forest department soon after venkataswami's demise as early as 1926 for the grant of permission for collection of tamarind fruits because of the reason that the right to collect ..... 3.the block was perambulated, inspected and enquired into by me in october and november 1895 when forty-two claims in all were filed and admitted for the following rights:- (i)eight claims were to rights of way over a cart-track and seven foot-paths. ..... also that, when the said disputed facts required an oral and documentary evidence to be adduced by the parties, then, it is for the concerned parties to approach the competent forum in the manner known to law and in accordance with law and to .....

Ch. Kiron Margadarsi Financiers Vs. Adjudicating Officer,

Court : SEBI Securities and Exchange Board of India or Securities Appellate Tribunal SAT

..... received by way of pledge the same cannot be considered as an acquisition for the purpose of the regulation for the reason that the concept of pledge as per section 172 of the indian contract act does not provide for vesting the legal ownership of the property in the pledgee, it is considered only as a security for payment of debt and the ownership of the goods pledged continue to remain with ..... target company does not amount to violation of regulation 10, unless such acquisition entitles the acquirer to exercise 10 per cent or more voting rights in the target company.according to him in terms of section 87 of the act only a person whose name appears in the members register of a company is entitled to voting rights and in that view of the matter only a part of appellant's holding was entered in the ..... that all those pledges which are not exempted vide regulation 3(1)(f)(iv) are covered under regulation 10, stating that in view of section 172 of the indian contract act, the same being the substantive law governing pledge, no specific exemption is required to keep pledge of shares out of ..... delivery of goods by the pledger to the pledgee by way of security upon a contract that they shall, when the debt is paid or the promise is performed, be returned or otherwise dispose of according to the directions ..... in this context he further submitted that the pledged shares were all returned to the owners, when the loan amount was repaid, and till then the shares were held as security for repayment .....

In Re: Jay YushIn Ltd.

Court : SEBI Securities and Exchange Board of India or Securities Appellate Tribunal SAT

..... sebi issued a show cause notice dated 30th january 2003 to the acquirer to show cause as to why action under regulation 44 and regulation 45 (6) of the regulations read with section 11 and section 11b of securities and exchange board of india act, 1992 (hereinafter referred to as "the act"), should not be initiated.3.1 acquirer vide letter dated 13th february 2003 replied to the above show cause notice inter alia submitting as follows : acquirer subscribed to the preferential allotment of ..... the acquirer had challenged the said show cause notice in the hon'ble high court of delhi contending that sebi can not issue a second show cause notice on the same facts when a hearing was conducted subsequent to the first show cause notice pursuant to which no order has been passed.4.3 hon'ble high court, after hearing the acquirer and sebi, passed an order dated ..... in the light of the above, i do not find it a fit case to give direction to make an open offer in terms of regulation 44 and regulation 45(6) of the regulation and section 11 and 11b of the sebi act,1992 .5.5 in view of the findings made above, i conclude that adjudication proceedings should be initiated against the acquirer for not having made full disclosures as required under the then provisions of regulation 3(1)(c) and ..... the acquisition made by way of preferential allotment under section 81 (1) (a) of the indian companies act, 1956 is exempt under regulation 3 (1) (c) of the regulations from compliance of chapter iii of the .....

K.T. Ahammed Kutty Haji and Bros. Vs. Agricultural Income-tax Officer ...

Court : Kerala

Reported in : [1979]117ITR209(Ker)

..... case of a company on the principal officer thereof a notice containing all or any of the requirements which may be included in a notice under sub-section (2) of section 17 and may proceed to assess or reassess such income and the provisions of this act shall, so far as may be, apply accordingly as if the notice were a notice issued under that sub-section; provided that the tax shall be charged at the rate at which it would have been charged if such income had not escaped ..... (as he then was), speaking for the supreme court, has said (per headnote): 'two conditions must be satisfied before the income-tax officer can act under section 34(1)(b): he must have information which comes into his possession subsequent to the making of the original assessment order, and that information must lead to his belief that income chargeable to tax hasescaped assessment, has been ..... learned government pleader points out that section 35 of the act is analogous to section 34 of the indian i.t. ..... therefore, the proceedings initiated in the present case under section 147(b) on the basis of the audit note are legal and valid.'19. ..... learned government pleader contends that in the case of ' association of persons' or 'tenants-in-common', there is no strait-jacket formula and when there is a joint venture then the status can be only one of 'association of persons'. ..... that rule also authorises the officer to reopen an assessment if a legal error has been committed in the original assessment.'15. .....

Jaishree Anant Khandekar Vs. State of Maharashtra

Court : Supreme Court of India

Reported in : 2009AIRSCW5997; JT2009(4)SC198; 2009(4)SCALE172; (2009)11SCC647; 2009(3)LHSC1439

..... become incapable of giving evidence, or whose attendance cannot be procured, without an amount of delay or expense which under the circumstances of the case appears to the court unreasonable, are themselves relevant facts in the following cases:(1) when it relates to cause of death - when the statement is made by a person as to the cause of his death, or to any of the circumstances of the transaction which resulted in his death, in cases in which the cause of that person's death comes into question.such ..... the queen 1982 (1) all elr 183 (pc), while hearing an appeal from the court of appeal of jamaica, made a comparison of the english law and indian law by referring to the underlined portions of section 32(1) of the indian evidence act at page 187 of the report. ..... statements are relevant whether the person who made them was or was not, at the time when they were made, under expectation of death, and whatever may be the nature of the proceeding in which the cause of his death comes into question. ..... if after careful scrutiny, the court is satisfied that it is true and free from any effort to induce the deceased to make a false statement and if it is coherent and consistent, there shall be no legal impediment to make it the basis of conviction, even if there is no corroboration. ..... justice willes coined it as a 'settled hopeless expectation of death' (r v. .....

J.D. Kapadia Vs. Union of India (Uoi) and ors.

Court : Gujarat

Reported in : (1971)12GLR938

..... of state's services thus continued in service and were deemed to be appointed to the corresponding posts except those governed by 'general or special orders or arrangements' affecting their respective cases and by virtue of section 10(2) of the indian independence act, 1947, they were entitled to receive the same conditions of service as respects remuneration, leave and pension and the same rights as respects disciplinary matters or, as the case as similar fierier as change of circumstances ..... the case may be, as respects the tenure of his office, or rights as similar thereto as changed circumstances may permit, as that person was entitled to immediately before the appointed day.when the constitution was enacted the same guarantee was continued under article 314 and since that article forms the basis of the claim made by the petitioner, we may set it out:314. ..... a result of transfer of power, the indian civil service as a secretary of state's service came to an end, a new all india service known as the indian administrative service was constituted by the government of india sometime after independence and formal legal shape was given to this new service by the enactment of the all india services act, 1951, and the framing of the indian administrative service (recruitment) rules, 1954 under that ..... was allotted to the state of gujarat and on 29th august 1960, the petitioner voluntarily retired from service by tendering his resignation which was accepted by the government of india. .....

The King-emperor Vs. Nilakanta Alias Brahmachari and ors.

Court : Chennai

Reported in : (1912)22MLJ490

..... the uncorroborated testimony of an accomplice if the court was satisfied that the evidence was true, requires to be further considered ; and it requires to be further considered whether section 133 of the indian evidence act read with section 114, illustration (b) does not merely intend to lay down that a conviction upon the uncorroborated testimony of an accomplice is not illegal where the presumption of untrustworthiness attaching ..... the uncorroborated testimony of an accomplice if the court was satisfied that the evidence was true, requires to be further considered ; and it requires to be further considered whether section 133 of the indian evidence act read with section 114 illustration (h), does not merely intend to lay down that a conviction upon the uncorroborated testimony of an accomplice is not illegal where the presumption of untrustworthiness attaching to ..... section 157 of the indian evidence act, 1872, which reproduces in a simplified form the provision in section 31 of act ii of 1855 and enacts that ''in order to corroborate the testimony of a witness, any former statement made by such witness relating to the same fact, at or about the time when the fact took place, or before any authority legally ..... in addition to proving the consistency of the witness might be of value if it was made before any pardon was tendered to the accomplice as it might weaken the suspicion attached to his testimony as being given under the temptation created by the offer of a conditional ..... .....

Muthukumaraswami Pillai and Seven ors. Vs. King-emperor

Court : Chennai

Reported in : (1912)ILR35Mad397

..... point is whether the previous statements of the sixth and twelfth witnessed for the prosecution to inspector veeraraghava aiyar, the thirty-fist witness, ware admissible as not made to an authority legally competent to investigate the fact within the meaning of section 157 of the indian evidence act if; is not suggested that when the statements were made the inspector was competent to investigate the charge of conspiracy, a non-cognizable offence, on which the accused have been convicted, but it ..... and that it would be open to the court to convict on the uncorroborated testimony of an accomplice if the court was satisfied that the evidence was true, requires to be further considered; and it requires to be further considered whether section 133 of the indian evidence act read with section 114, illustration (6), does not merely intend to lay down that a conviction upon the uncorroborated testimony of an accomplice is not illegal where the presumption of untrustworthiness attaching to the evidence of an accomplice is rebutted by special circumstances.30 ..... be said, with reference to the observation that the statement of an accomplice does not improve by repetition, that the previous abatement in addition to proving the consistency of the witness might be of value if it was made before any pardon was tendered to the accomplice as it might weaken the suspicion attached to his testimony as being given under the temptation created by the offer of a conditional ..... i.l.r. (1906) ..... .(1906) calc .....