Judgment Search Results Home > Cases Phrase: indian coinage act 1906 section 13 coin when a legal tender Page 30 of about 294 results (0.081 seconds)

M/s. Tungabadra Minerals Private Limited Vs. The Chennai Port Trust Re ...

Court : Chennai

..... this being the legal position, a contention in the extreme form that the doctrine of frustration as recognised in english law does not come at all within the purview of section 56 of the indian contract act cannot be accepted ..... known as cas fortuit (french) or casus fortuitous (latin) chance occurrence, unavoidable accident , is an common clause in contracts that essentially freezes both parties from liability or obligation when an extraordinary event or circumstance beyond the control of the parties prevents one or both of them from fullfiling their obligations. ..... already been stated that the plaintiff cannot be granted any relief in a court of law involved in upholding law and justice particularly when the plaintiff had come on a charge of indulgence in illegal activity and then complain banning of such illegal activity. ..... consequently, the first issue is held against the plaintiff and i hold that when the plaintiff company was indulging in an illegal activity as pointed out by the government of karnataka and when they have not chosen to contest such an allegation or take steps to disprove such an allegation then it must be held that they had been involved in illegal mining and the ban was only for ..... former supreme court judge, and secondly that the plaintiff company also being the subject of inquiry had still thought it fit to apply for stacking transit area license with the defendants when there was always a possibility of its activities being curbed by administrative action. .....

Sri K. Ravindra Shetty Vs. Vijaya Bank Damlur Branch

Court : Karnataka

..... in the said case, which also involves the question of recovery of the amount along with interest thereupon, under section 72 of the indian contract act, the delhi high court was pleased to observe as below : it is the duty of the bank to maintain correct account because maintenance of account is in the ..... both the cheque amounts were credited to the sb account of the defendant when in fact, he was entitled for the second cheque of `2,67,856/- only. ..... thus, the plaintiff got issued rfa no.618/2011 5 a legal notice dated 31.08.2007 to the defendant to his bengaluru address which came to be returned with a postal ..... therefore, it is a clear case where the defendant when had every reason to rfa no.618/2011 26 believe that he was not entitled for a sum of `3,20,000/- has acknowledged such a credit of the said amount of 3,20,000/- to his account not on 30.6.2005, when the plaintiff wrote a letter as per ex.p-3 to him, but, within four days ..... that duty cannot be shifted to the account holder when the account holder has not availed of any benefit either in terms of overdraft facilities or loan facilities, it was a mistake on the part of the officials of the appellant who have credited more amount in ..... the said document was blank when it was executed by him. ..... therefore, when his such balance entitlement would not in any imagination exceeds `57,010/-, he being under an impression that the second amount of `3,20,000/- credited to his account on 19.12.2003 was the said balance amount of provident .....

Haryana State Industrial And Infrastructure Development Corporation Lt ...

Court : Supreme Court of India

..... terms of section 24(1)(a) of the 2013 act, section 114 of 2013 act as well as section 6 of the general clauses act would not apply to the extent hindered by section 24(1) of the 2013 act for the following reasons: (i) section 114 of the 2013 act while accepting the applicability of section 6 of the general clauses act made its application subject to save as otherwise provided in the 2013 act; 18 (ii) section 6 of the general clauses act itself provided that the general savings would not apply when legislative ..... behalf, and for his servants and workman, - to enter upon and survey and take levels of any land in such locality; to dig or bore into the sub-soil; to do all other acts necessary to ascertain whether the land is adapted for such purpose; to set out the boundaries of the land proposed to be taken and the intended line of the work (if any) proposed to be ..... enactment so repealed; or 16 (d) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against any enactment so repealed; or (e) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid, and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed as if the repealing ..... hence taking note of involvement of other legal and factual issues in these appeals shall be ..... the legal background ..... legal .....

The State Of Karnataka Vs. Chandrashekar

Court : Karnataka

..... with regard to the powers of an appellate court in an appeal against acquittal, the law is well established that the presumption of innocence which is attached to every accused person gets strengthened when such an accused is acquitted by the trial court and the high court should not lightly interfere with the decision of the trial court which has recorded the evidence and observed the ..... body and so also, recording the statement of witnesses during inquest and they are the relatives of deceased and their evidence is not consistent in respect of offence under sections 498-a and so also, 306 of ipc, but the trial court misdirected the evidence of pw.1 even though she has stated in his evidence which is not in conformity with the evidence ..... even subjected to examination on the part of the prosecution, it is the domain vested equally with the prosecution as well as trial court by appreciating the evidence in accordance with section 3 of the indian evidence act, 1872 relating to facts, relevancy and so also, proved, 52 disproved and not proved ..... to cruelty and for demand of dowry in terms as insisted by her husband accused no.1 and similarly insisted by her mother-in-law who is arraigned as accused no.2 the ingredients of sections 3 and 4 of the dp act has not been established by the prosecution 28 though pw-1 to pw-4 who are the material witnesses have been to examination, since there is no consistency in their evidence. ..... . the legal system has laid emphasis on value provided by each one .....

M Chandrashekar Vs. State By Devanahalli Police Station

Court : Karnataka

..... with regard to the powers of an appellate court in an appeal against acquittal, the law is well established that the presumption of innocence which is attached to every accused person gets strengthened when such an accused is acquitted by the trial court and the high court should not lightly interfere with the decision of the trial court which has recorded the evidence and observed the ..... body and so also, recording the statement of witnesses during inquest and they are the relatives of deceased and their evidence is not consistent in respect of offence under sections 498-a and so also, 306 of ipc, but the trial court misdirected the evidence of pw.1 even though she has stated in his evidence which is not in conformity with the evidence ..... even subjected to examination on the part of the prosecution, it is the domain vested equally with the prosecution as well as trial court by appreciating the evidence in accordance with section 3 of the indian evidence act, 1872 relating to facts, relevancy and so also, proved, 52 disproved and not proved ..... to cruelty and for demand of dowry in terms as insisted by her husband accused no.1 and similarly insisted by her mother-in-law who is arraigned as accused no.2 the ingredients of sections 3 and 4 of the dp act has not been established by the prosecution 28 though pw-1 to pw-4 who are the material witnesses have been to examination, since there is no consistency in their evidence. ..... . the legal system has laid emphasis on value provided by each one .....

The State Of Karnataka Vs. Sri Chandrashekar

Court : Karnataka

..... with regard to the powers of an appellate court in an appeal against acquittal, the law is well established that the presumption of innocence which is attached to every accused person gets strengthened when such an accused is acquitted by the trial court and the high court should not lightly interfere with the decision of the trial court which has recorded the evidence and observed the ..... body and so also, recording the statement of witnesses during inquest and they are the relatives of deceased and their evidence is not consistent in respect of offence under sections 498-a and so also, 306 of ipc, but the trial court misdirected the evidence of pw.1 even though she has stated in his evidence which is not in conformity with the evidence ..... even subjected to examination on the part of the prosecution, it is the domain vested equally with the prosecution as well as trial court by appreciating the evidence in accordance with section 3 of the indian evidence act, 1872 relating to facts, relevancy and so also, proved, 52 disproved and not proved ..... to cruelty and for demand of dowry in terms as insisted by her husband accused no.1 and similarly insisted by her mother-in-law who is arraigned as accused no.2 the ingredients of sections 3 and 4 of the dp act has not been established by the prosecution 28 though pw-1 to pw-4 who are the material witnesses have been to examination, since there is no consistency in their evidence. ..... . the legal system has laid emphasis on value provided by each one .....

K. Babu Rao and ors. Vs. Collector of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Tamil Nadu

Reported in : (1986)(8)LC519Tri(Chennai)

..... the case on which the parties herein joined issue is with reference to the meaning and legal connotation of the word 'attempt' occurring in section 113 of the act and whether the circumstances of the case would bring the appellants within the mischief and ambit of "attempt" as envisaged by section 113 of the act.the learned counsel for the appellants placed strong reliance in the ruling of the supreme court ..... prohibited under law and the offence being an economic offence, the evidence and surrounding circumstances should be liberally construed in favour of the revenue and likewise the word 'attempt' occurring in section 113 of the act should be comprehensively construed and liberally interpreted so as to take within its ambit a situation as the one that obtains in the case and should not be confined to the straight jacket ..... accordance with the declaration in the shipping bill, the petitioner therein did not tender the 39 bales for export and instead requested for cancellation of the other ..... "attempt" should be liberally construed, particularly when the word occurs in statutes like the customs act dealing with economic offence and should not be narrowly construed, as is done in respect of offences under the indian penal code. ..... or coins, notification issued under chapter iv-b of the act relating to specified goods would not be applicable with the result the onus is clearly cast under law on the department to prove the charge against the appellant under section 113(b) and 114 of the act. .....

income Tax Officer Vs. Sheetal Sunder Trust

Court : Income Tax Appellate Tribunal ITAT

Reported in : (2005)97TTJ(Bang.)329

..... the persons on whose behalf or for whose benefit such income or part thereof is receivable are indeterminate or unknown (such income, such part of the income and such persons being hereafter in this section referred to as 'relevant income', 'part of relevant income' and 'beneficiaries', respectively), tax shall be charged on the relevant income or part of relevant income at the maximum marginal rate : (i) ..... the case, and on a proper construction of the deed of settlement the tribunal was right in holding that the first proviso to section 41(1) of the indian it act, 1922, was applicable to the income of the trust was referred to the high court: held, that term no. ..... none of the beneficiaries has any other income chargeable under this act exceeding the maximum amount not chargeable to tax in the case of an aop or is a beneficiary under any other trust; or (ii) the relevant income or part of relevant income is receivable under a trust ..... trust, the income is not to be paid to the beneficiary or her legal heir but is left to the discretion or choice of the trustee. ..... died later, before attaining the age of majority.according to me, only then it could be said that the trustee had received the income on behalf of miss sheetal sundar, when there was no contingency in miss sheetal sundar's getting the income. ..... to the legal successors of .....

Ball Vs. Halsell

Court : US Supreme Court

..... any such was ever made, was declared void by the ninth section of the act of march 3, 1891, of the congress of the united states, entitled 'an act to provide for the adjudication and payment of claims arising from indian depredations,' and, by the authority and directions of the same section, an allowance, and all that said act permitted to be paid the plaintiff under his said employment, was made ..... for his services, two percent of the amount recovered, was held to be entitled to recover from the state the amount of the compensation so agreed upon notwithstanding that congress, in the act appropriating money to pay the claim of the state, had provided that no part of the money should be paid by the state to any attorney or agent under a previous contract between ..... 538, when conferring upon the court of claims jurisdiction of claims arising from indian depredations, including such claims as had been examined and allowed by the department of the interior, and providing that the judgments of that court, unless reversed or modified on rehearing or appeal, should "be a final determination of the causes decided, and of the rights and obligations of the parties thereto," enacted, in section 9, that ..... , as violating the rule against maintenance and champerty, and, although the rigor of that rule has been relaxed, an assignment of a chose in action will not be sanctioned when it is opposed to any rule of law or public policy. ..... legislature, and was therefore lawful and valid when made. .....

international Navigation Co. Vs. Farr and Bailey Mfg. Co.

Court : US Supreme Court

..... vessel, her owner or owners, charterers, agent, or master be held liable for losses arising from dangers of the sea or other navigable waters, acts of god, or public enemies, or the inherent defect, quality, or vice of the thing carried, or from insufficiency of package or seizure under legal process, or for loss resulting from any act or omission of the shipper or owner of the goods, his agent or representative, or from saving or attempting to save life or property at sea, or from ..... " the obligation of the owner is, in the language of section two of the act, "to exercise due diligence, to properly equip, man, provision, and outfit said vessel, and to make said vessel seaworthy and capable of performing her intended voyage," and that obligation was not discharged when this vessel sailed with a hole in her side under the circumstances disclosed, whether the duty of seeing that it was closed devolved on officers of the ship, or the foreman ..... we repeat that, even if the loss occur through fault or error in management, the exemption cannot be availed of unless the vessel was seaworthy when she sailed, or due diligence to make her so had been exercised, and it is for the owner to establish the existence of one or the other of ..... or, to put it in another way, if the unseaworthiness is not the result of error or fault in management, the third section does not apply, and even if it were, the exemption still cannot obtain unless it appears that the owner used due diligence to make the .....