Judgment Search Results Home > Cases Phrase: indian coinage act 1906 section 13 coin when a legal tender Page 4 of about 294 results (0.200 seconds)

Uma Vithal Jhaveri and Another Vs. Nikhil Vithal Jhaveri

Court : Mumbai

..... the petitioners on the other hand made an attempt to distinguish the judgment of the division bench in case of nina agarwalla (supra) on the ground that though the petitioners were the legal heirs of the said deceased, citation was not served upon the petitioners and thus the grant obtained by the respondent without service of citation was in violation of rule 399 and 340 of ..... the division bench in case of nina agarwalla (supra) has held that the limitation for filing petition under section 263 of indian succession act, 1925 would commence from the date of grant of probate or letters of administration by this court. ..... particular paragraph (4) thereof in support of her submission that grant of probate without service of citation on the legal heirs is illegal and is liable to be revoked under section 263 of the indian succession act, 1925. 10. ..... the case of the appellant is that this court should in terms of section 263 of the indian succession act, 1925 revoke the probate as the proceedings leading to the grant of the probate were defective in substance in as much as the citation required to be served were not served upon ..... learned counsel appearing for the respondent raised objection against the petitioners' tendering these two documents across the bar, i would deal with the ..... date of issuant of grant by this court which was in the year 1996 and would not commence on 29th july, 2011 when the last letter was addressed by the petitioners for demanding copy of probate or proceedings. 18. .....

Phoenix Mills Ltd. Vs. M.H. Dinshaw and Co.

Court : Mumbai

Reported in : AIR1946Bom469; (1946)48BOMLR313

..... bholaram : air1946bom1 and where i expressed the opinion that time cannot be extended by the promisee under section 63 of the indian contract act by a unilateral act of his, and in order to extend time there must be an agreement between the promisor and the promisee ..... in the alternative the defendants contend that the plaintiffs have dispensed with the performance of those obligations on the part of the defendants under section 63 of the indian contract act, 1872; and finally they also base their defence on an estoppel operating against the plaintiffs.2. ..... i must observe again, with very great respect, that their lordships completely overlooked section 63 of the indian contract act and also their earlier decision reported in chimna mal-ram nath v. ..... but i do not think it follows from that judgment that every dispensation made by the promisee under section 63 of the indian contract act necessarily requires an agreement between the promisor and the promisee. ..... bhatt relies is that although this document was tendered on april 1, 1942, the plaintiffs did nothing till april 14, 1942, when they merely objected to the insufficiency of the amount covered by the policy, and it was only when the suit was filed that they objected to the form of the policy ..... the position is the same with regard to not taking objection to the form of the certificate till the suit was filed because it may be that the legal advisers of the plaintiffs did not realize that particular defect till the suit came to be filed. .....

T.G.M. Aside and Sons Vs. Coffee Board and anr.

Court : Karnataka

Reported in : AIR1969Kant230; AIR1969Mys230

..... by the coffee board was founded on the provisions of sections 3 of the mysore existing laws (construction of references to values) act, 1957, and sections 13 and 14 of the indian coinage act, 1906 (central act 3 of 1906) section 3 of the mysore existing laws act and section 14 of the coinage act, according to the coffee board, directed a substitution for the value expressed in pies in the madras general sales tax act, the value expressed in new coins referred to in sub-section (1) of section 14 of the indian coinage act. ..... coins issued under the authority of this act in any denominations of annas pice and pies shall, to the extent specified in section 13, be a legal tender in payment or on account at the rate of sixteen annas, sixty-four pice or one hundred and ninety two pies, and to hundred new coins referred to in sub section (1) calculated in respect of any such single coin or number of such coins, tendered at one transaction, to the nearest new coin, or where the new coin above and the new coin below are equally near, to the new coin ..... of calculation is clear from the observations of the supreme court which read:--'we are therefore of opinion that what sub-section (3) of section 14 requires is that references to any value expressed in annas, pice and pies will be construed to such value and expressed in new coins which would be absolutely equivalent to the value of the old coins when their value is converted at the rate of 16 annas, 64 pice and 192 pies to 100 naya paise.'13. .....

Bimla Devi Vs. Union of India and Another

Court : Delhi

Reported in : [1985]58CompCas361(Delhi); 1983(4)DRJ236

..... (2) the bank shall, in exchange for currency notes or banknotes of two rupees or upwards, supply currency notes or banknotes 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. ..... of the reserve bank at any of the said places or if, by reason of age, infirmity or illness, he is unable to attend thereat, he may forward the high denomination banknotes he desires to exchange together with three copies of the declaration required under section 7 by insured post to the reserve bank at bombay not later than the 24th day of january, 1978, along with a statement explaining reasons for his failure to apply within the time specified ..... by letter dated august 30, 1978, the currency officer of the rbi asked the petitioner to furnish the following information : '(i) information as to when and from what source you obtained possession of the high denomination notes furnished against item 16 of your declaration (extract enclosed) is not satisfactory. ..... it is difficult to believe that no member of the family of the petitioner would have cared to communicate with the petitioner in kathmandu and ask her to come to nagpur immediately specially when the petitioner and her two sons and daughter-in-law were holding, amongst themselves, 80 high denomination notes of rs. .....

Commissioner of Income-tax, Bombay City-iii Vs. Patel Brothers

Court : Mumbai

Reported in : (1983)34CTR(Bom)1; [1984]145ITR614(Bom)

..... (p. 59) :'having regard to the above discussion, it seems to us clear that a partnership firm under the indian partnership act, 1932, is not a distinct legal entity apart from the partners constituting it and equally in law the firm as such has no separate rights of its own in the partnership assets and when one talks of the firm's property or firm's assets all that is meant is property or assets in which ..... in these circumstances to import the definition of the word 'person' occurring in section 3(42) of the general clauses act, 1897, into section 4 of the indian partnership act will, according to lawyers, english or indian, be totally repugnant to the subject of partnership law as they know ..... as follow :'is the firm a person or a mere shorthand name for a collection of persons, commercially convenient but not legally recognised under section 3 of the partnership act it is not a person, but a relationship among ..... change. it follows from the provisions of the section that a mere change in the constitution of the partnership does not necessarily bring into existence a new assessable unit or a distinct assessable entity and in such a case there is no devolution ..... s. 45 of the act provides as follows :'(1) any profits or gains arising from the transfer of a capital asset effected in the previous year shall, save as otherwise provided in sections 53, 54, 54b, 54d and 54e be chargeable to income-tax under the head 'capital gains', and shall be deemed to be the income of the previous year .....

Zoolfiqar Ali Currimbhoy Ebrahim Vs. the Official Trustee of Maharasht ...

Court : Mumbai

Reported in : (1967)69BOMLR326; 1967MhLJ694

..... are to ascertain from the deed whether the appointor, or in this lease the appointers intended to deal with the beneficial interest, and then i suppose those authorities would have some application which say that when you conceive that a single appointor intended to destroy the ownership or the ownerships of the persons entitled under the settlement in default of appointment, there must be an intention to make the money his own, ..... remain there for the purpose of enforcement of the valid portion thereof, and being on the statute book, even that portion which is unenforceable on the ground that it is unconstitutional will operate proprio vigore when the constitutional bar is removed, and there is no need for a fresh legislation to give effect thereto.in this case the supreme court was not considering the bar resulting from a conflict with any fundamental ..... a 'will' has been defined in section 2(h) of the indian succession act as 'the legal declaration of the intention of a testator with respect to his property which he desires to be carried into ..... for determining the rights and obligations of citizens the part declared void should be notionally taken to be obliterated from the section for all intents and purposes though it may remain written on the statute book and be a good law when a question arises for determination of rights and obligations incurred prior to 26th january, 1950, and also for the determination of rights of persons who have not been given fundamental rights .....

Baroda Oil Cakes Traders Vs. Parshottam Narayandas Bagulia and anr.

Court : Mumbai

Reported in : AIR1954Bom491; (1954)56BOMLR575; ILR1954Bom1137

..... but, with very great respect, i feel we must turn to the law of contract--section 4 of the indian contract act--in order to see when the communication of an offer is complete, bearing in mind that an offer can be revoked or withdrawn till it is received and before ..... limits of the jurisdiction of the civil judge at baroda, and the plaintiff conceded that the civil judge in whose court he filed the plaint would have no jurisdiction to entertain the suit under the provisions of section 20, sub-sections (a) and (b), of the code of civil procedure.he, however, alleged that the cause of action had accrued partly within the jurisdiction of the civil judge and so the suit as filed before him would be ..... might be said to have been made & completed at khanewal by reason of the acceptance of the plaintiff's offer having taken place there, the offer itself was a part of the cause of action & that under section 20 of the civil procedure code a court having territorial jurisdiction in the place from where the offer proceeded had jurisdiction to try the suit arising out of the contract even though the contract might have ..... to( calcutta and they were tendered to the east indian railway company who rejected them. ..... contract will inform you what the necessary conditions are which have to be fulfilled before two parties come under a legal obligation to each other in respect of their negotiations. ..... the correct legal position can be determined only by ..... the correct statement of the legal position at all. .....

Dahi Laxmi Dal Factory Vs. Income-tax Officer and anr.

Court : Allahabad

Reported in : [1976]103ITR517(All)

..... to sum up, the legal position that emerges is that section 187 applies only where a firm is reconstituted in accordance with sections 31 and 32 of the indian partnership act, namely, when a new partner is taken or an existing partner retires with the consent of all the partners or without their consent if the contract of partnership so provides. ..... when it talks of a partner ceasing to be a partner it refers to section 32 of the indian partnership act and when it talks of admission of a new partner it refers to section 31 of the indian partnership act. ..... while dealing with the scope of section 26 of the indian income-tax act, 1922, the learned judge of the supreme court made the following observations in the case of shivrani poddar v. ..... in that case the supreme court was concerned with the interpretation and application of section 44 of the indian income-tax act, 1922, before its amendment in 1958. ..... section 187 of the act, in my opinion, clearly contemplated the reconstitution of a firm in accordance with sections 31 and 32 of the indian partnership act where a partner may be added or a partner may retire without breaking the continuity of the firm.8. ..... section 2(23) merely provides that the expressions 'firm', ' partner ' and ' partnership ' as used in the income-tax act will have the meaning assigned to them in the indian partnership act, 1932, but the expression 'partner' shall also include any person who, being a minor, has been admitted to the benefits of the partnership. .....

Asokan Vs. State of Kerala

Court : Kerala

Reported in : 2005CriLJ3848; 2005(3)KLT770

..... witness in a judicial proceeding or before any person authorized by law to take it, is relevant for the purpose of proving, in a subsequent judicial proceeding, or in a later stage of the same judicial proceeding, the truth of the facts which it states, when the witness is dead or cannot be found, or is incapable of giving evidence, or is kept out of the way by the adverse party, or if his presence cannot be obtained without an amount of delay or expense which, under the circumstances of the case, ..... relied on his evidence tendered before the magistrate under section 33 of the indian evidence act. ..... when a person whose tender of pardon is to be accepted is examined under section ..... chief judicial magistrate, trivandrum (supra), a learned single judge of this court took the view that the accused have no right to cross-examine the approver when he was examined under section 306(4) of the code of criminal procedure. ..... observations in ranadhir basu and surindra mohan particularly ranadhir basu, the apex court had pointedly considered the question as to whether the expression 'examination' in section 306(4)(a) would include cross-examination and held that at that stage the accused has no right to appear and cross-examine the approver and the legal position was treated akin to an inquiry under section 202 cr.p.c. ..... the correct legal position is that when a magistrate on receiving a complaint applies his mind and decides to proceed under the various provisions such as sections 200 or 202 of .....

Jaikumar Shivlal Shah and ors. Vs. Motilal Hirachand Gandhi and anr.

Court : Mumbai

Reported in : AIR1973Bom27; (1972)74BOMLR174; ILR1972Bom816; 1972MhLJ405

..... sathe correctly lay down the legal position and it is this that section 13 of the negotiable instruments act, 1881, after its amendment by the amending act, 8 of 1919, does not introduce any change in the definition of promissory note given in section 4 of that act or in the definition given in section 2(22) of the indian stamp act, 1899, or in the definition of 'bend' given in section 2(5)(b) of that act. ..... secondly paragraph 10 of the judgment at page 8 of the report shows that the earned judges, with respect, have overlooked the fact that even under section 4 of the negotiable instruments act, 1881, an instrument which contains simple a promise to pay on demand a certain sum to a certain person is a promissory note, though there my be no words of negotiability such as 'order' or 'bearer'. ..... the result, therefore, is that even after the amendment of the negotiable instruments act, 1881, by the amending act 8 of 1919, ever promissory note which is a promissory note under section 4 of the negotiable instruments act, 1881, is also a promissory note for the purposes of the indian stamp act and in addition to that certain other documents, which fall under paragraph 2 of section 2(22) of the indian stamp act, under that act. ..... but this does not necessarily mean that, therefore, it would not come under section 2(5)(b) of the indian stamp act, when admittedly ex. ..... therefore, i shall repay this money without taking any objection, when you should demand. .....