Judgment Search Results Home > Cases Phrase: indian coinage act 1906 section 13 coin when a legal tender Page 7 of about 294 results (0.206 seconds)

Moti at Mohit Vs. State (Nct of Delhi)

Court : Delhi

..... regards the matching of chance print q3 with the specimen left thumb impression s1 of rajesh rekwar, the learned counsel took the plea that the specimen finger prints of rajesh rekwar were taken in violation of the provisions of section 73 of the indian evidence act, 1872 inasmuch as no orders of the magistrate were taken prior to the taking of the specimen finger prints of the appellant rajesh rekwar ..... . section 73 of the indian evidence act, 1872 comes into play when there are proceedings pending before a court and would not be applicable when the matter is under investigation ..... . she submitted that such specimen finger prints were taken in the course of investigation to which section 73 of the indian evidence act, 1872 did not apply inasmuch as, the said section 73 would apply only to proceedings pending before the court ..... . those articles include a philips dvd player (exhibit p-7), one portable cd player (exhibit p-8), one blue cap (exhibit r-1), 10 coins of usa [exhibit r-2 (collectively)], one dark blue pair of jeans, one half sleeve t-shirt with reebok written in white on the left side of the chest portion (exhibit r-3) ..... . thus, according to her, there was no legal infirmity in the taking of the finger prints in the course of investigation and with regard to the admissibility of the same.27 ..... . therefore, in our view, there is no legal impediment to the taking of the specimen finger impression s-1 and its comparison with the chance print q3.48 .....

Tan Ma Shwe Zinand Others Vs. Khoo Soo Chong and Others

Court : Privy Council

..... just than to determine private contests according to those laws, which the parties themselves had ever considered as the rules of their conduct and engagements in civil life; nor could anything be wiser than by a legislative act to assure the hindu and mussulman subjects of great britain, that the private laws which they severally hold sacred, and violation of which they would have thought the most grievous oppression, should not ..... that chinese buddhists were not buddhists within the meaning of the section or of the exceptions to the indian succession act and that the indian succession act applied to them proprio vigore. ..... division bench did not regard itself as bound by the full bench decision in 8 rang 57 (9) to apply the english law or the rules of the indian succession act as the only question referred to the full bench had been the question whether burmese buddhist law applied. ..... on the death of khoo boon tin in 1906, his widow, tan ma thin, entered into possession of his property, obtained letters of administration to his estate from the chief court, carried on his business and engaged in other ..... this provision when re-enacted in 1915 in the government of india act, s ..... influx of chinese into burma may not have been anticipated or the relation between religion and law in china may have been imperfectly understood in 1872 when the rule now contained in the statute of 1898 was first introduced or in 1865 when buddhists were excepted from certain provisions of the succession act. .....

Chandigarh Administration and Another Vs. Mrs. Neera Goyal and ors.

Court : Punjab and Haryana

..... mainly only after the auction actually took place on 17.12.2007 that the issue of an enhanced fee came up, though the issue was touched upon in october 2007, when a file noting was made that the chandigarh housing board (the nodal agency for the conversion scheme) was calculating conversion fee according to the rates / formula . ..... - other connected matters uncertain or vague as per section 29 of the indian contract act, 1872; in our opinion a valid contract, if any, would take place only after the application made by a person was accepted by the chandigarh administration, in terms of the notification ..... his next contention that the scheme was valid for only two years at the time when it was promulgated on 18.09.2005, and that was the reason why the fee was fixed at the average price given in annexure 'c', would appear to be a valid argument at first blush, but in our opinion, would ..... connected matters notified formula, dependent upon the contingency of the number of auctions held at the time when any person applied for conversion of usage of his plot from industrial to commercial purposes.72. ..... eo may be advised to promptly convey the new conversion fee as and when a fresh auction takes place in future in accordance with clause 6 (ii) of the ..... he still further submitted that since at the time when the scheme was promulgated it was only for a period of two years and was not open ended, it was subsequently at the time of extension, it was mentioned in the noting that the scheme should not .....

Jindal Praxair Oxygen Co. Ltd. Vs. Commissioner of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT

Reported in : (2003)(85)ECC807

..... section 62 of the indian contract act, 1872, provides that "if the parties to a contract agree to substitute a new contract for it, or to rescind or alter it, the original contract need not be ..... the appellants that it is not open to the department to ignore the contractual bargain between contracting buyer and seller and arbitrarily fix the assessable valued based on what it considers ought to be the price, especially when, admittedly, the price as fixed pursuant to the second amendment had been given effect to by the parties. ..... it appeared that this case warrants recourse to determination of assessable value in terms of section 4(1) (b) of the central excise act, 1944 read with central excise (valuation) rules, 1975.4. ..... it can be seen that mtop is an additional consideration paid when the appellant's factory is functional and products are being lifted. ..... novation occurs when a new contract is substituted for an existing contract either between the same parties or between different ..... when once they enter into a new contract with varied terms and conditions, which is called novation, automatically old contracts disappears and new contract emerges in its ..... when the parties to a contract agree to substitute a new contract for it, the original contract is discharged and need not be performed.it is necessary for the application of this principle that the original contract must be subsisting and ..... " when the parties to a contract agree to substitute the existing contract with a new contract .....

Assistant Commissioner of Income Vs. O.P. Chawla

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2008)116TTJ(Delhi)755

..... the ito and the formation of his belief that there has been escapement of the income of the assessee from assessment in the particular year because of his failure to disclose fully and truly all material fact section it is no doubt true that the court cannot go into the sufficiency or adequacy of the material and substitute its own opinion for that of the ito on the point as to whether action should be initiated for reopening ..... reasons recorded by the ao to reopen the assessment, held that the assessee had disclosed the gift in the return, that there was no duty on him to furnish further details since the return had been processed under section 143(1)(a), that the reopening was prompted by want of details regarding the gifts and not on the ground of any information or material showing concealment of income and that therefore the notice was issued on the ..... . in the light of aforesaid legal position so long as the ingredients of section 147 are fulfilled the ao is free to initiate proceedings under section 147 of the act and failure to take steps under section 143(3) will not render the ao powerless to initiate reassessment proceedings even when intimation under section 143(1) had been issued.a similar view has been taken in a ..... v. ito , indian & eastern newspaper society ..... rs. 28,90,000 assessed as "income from undisclosed sources", being the aggregate of two gifts received by the assessee from one mohan singh makkar, a non-resident .....

Maharaja Sir Kesho Prasad Singh Bahadur Vs. Bahuria Musammat Bhagjogna ...

Court : Mumbai

Reported in : (1937)39BOMLR731

..... maharaja it was argued that the decree of 1916 and parker's map, though not binding upon the principal respondents in the present cases, were evidence against them of the boundary of naubarar under sections 11 or 13 of the indian evidence act, and that the symbolical possession given under the decree in the previous suit was given openly and was marked by boundary pillars set up in the neighbourhood to mark the boundary line. ..... behalf of the maharaja that the respondents must have accepted the correctness of parker's map at the time when the order was made in the present suits for the appointment of a commissioner ..... . brojo (supra) magisterial orders under section 145 of the criminal procedure cod were held to be admissible for and against every one when the fact of possession at the date of the ..... is concerned, whether or not he has proved possession for twelve years adverse to the maharaja, their lordships consider that he has proved that he was in possession of the maliki interest which he claims at the time when the maharaja brought these four suits against him in august, 1923 ..... be assumed that the presumption would remain when the facts as to possession were established, the appellant can take no advantage from section 44.22 ..... of the case it was hardly reasonable on the part of the raj as plaintiff in the four suits against ramsarup to expect to succeed without proving afresh as against him the particulars of the settlement of 1862 when naubarar, was formed into a separate estate.23 .....

Jaysingh Wadhu Singh, (Through His Next Friend in the Family I.E. His ...

Court : Mumbai

Reported in : 2001BomCR(Cri)470; (2001)1BOMLR205; 2001CriLJ456; 2001(3)MhLj208

..... . it is the say of the learned advocate general that the evidence collected by way of duly authorised interception under section 5(2) of the indian telegraph act was validly obtained and such evidence is admissible in evidence, inasmuch as, the evidence collected under the authorisation of telegraph act by way of interception can very well be used for the offence punishable under any other enactments including the m.c.o.c ..... . itself does not disclose at all any cognizable offence - the court may embark upon the consideration thereof and exercise the power.when the remedy under section 482 is available, the high court would be loath and circumspect to exercise its extraordinary power under article 226 since efficacious remedy under section 482 of the code is available ..... .(e) an approval under section 14(10) is hedged by legal safeguards and the approval under sub-section 10 is not an approval to the earlier order but is an approval to the interception made by the police officers in circumstances provided in section 14(10) of the act, the approval to be granted if an application therefor is made under section 14(1) and (2) of the act by the police officer to the competent authority ..... the sanction order before the court, it cannot be said that the court would not have jurisdiction to frame charge and hold the trial of the accused for the offences punishable under the prevention of corruption act particularly when the sanction order was produced before framing of the charges .....

Santdas Moolchand Jhangiani and anr. Vs. Sheodayal Gurudasmal Massand

Court : Mumbai

Reported in : AIR1971Bom237; (1971)73BOMLR42; ILR1971Bom457; 1970MhLJ419

..... of certain amounts to outgoing partners is a bond, and to hold that the indemnity, power of attorney and agreement clauses would each attract a separate stamp duty under a separate article of schedule of that act, and to hold that in so far as the interest of outgoing partners is transferred to the continuing partner, it is a conveyance, we would be doing exactly what this full bench decision of the allahabad high court ..... find that the entire chapter vi of the indian partnership act tom section 39 to section 55 has been included in the chapter heading ..... the distinction between sections 4, 5 and 6 of the indian stamp act, 1899, which correspond in terms to sections 4, 5 and 6 of the bombay stamp act, 1958, has been brought out in the judgment of the supreme court in the ..... clause of the deed of this instrument separately and to try to find out what stamp duty it attracts under the several articles of schedule i of the bombay stamp act, it would work not only a great hardship but would be violating the principle that a fiscal statute must be interpreted in a manner which is beneficial to the ..... section 4 deals with a single transaction completed in several instruments, and section 6 with a single transaction which might be viewed as falling under more than one category, whereas section 5 applies only when the instrument comprises more than one transaction, and it is immaterial for this purpose whether those transactions are of ..... deed but during the time when the partnership was in esse. .....

S. Mohammad AnwaruddIn Vs. Sabina Sultana and ors.

Court : Andhra Pradesh

Reported in : [1989]179ITR442(AP)

..... section 7 repeals sections 81, 82 and 94 of the indian trusts act, section 66 of the code of civil procedure and section 281a of the income-tax act ..... 'it is true that the indian law does not recognize an equitable ownership in the sense known to the english law, because we here do not, as in england, have two kinds of law or jurisdiction, viz common law and equity; but on an analysis of the legal incidents involved, it will be found that, for all practical purposes, there is little or no difference between a beneficiary under the english law land a beneficiary under the indian trusts act, so far as the substance ..... it desirable that it should apply to past transactions, because those transactions would have been entered into after keeping in mind the legal position as understood at present, namely, that the real owner can always enforce his rights against the benamidar. ..... ] lr 42 ia 202; 30 ic 299 (pc), were it was observed that a benami transaction had a curious resemblance to the doctrine of english law that the trust of the legal estate results to the man who pays the purchase-money, and went on to say (49 ic at p. ..... transactions which were legal when entered into would ..... trustee known to english law and a benamidar lies in the fact that a trustee is the legal owner of the property standing in his name and the cestui que trust is only a beneficial owner, whereas in the case of a benami transaction, the real owner has got the legal title though the property is in name of the benamidar. .....

Gaddam Narsa Reddy and ors. Vs. Collector, Adilabad District and ors.

Court : Andhra Pradesh

Reported in : AIR1982AP1

..... under agreements to sell prior to the coming into force of he regulation in telengana area, the transfer was not valid, as no permission under section 47 of the hyderabad tenancy and agricultural lands act was obtained nor was the transfer validated by obtaining a certificate as required by section 50-b of the said act, and therefore, no title passed to the transferees and their possession of the lands became unlawful on the date of the coming into force of the ..... falling within the purview of section 3 (1) (a), the provisions of the transfer of property act or the provisions of hyderabad tenancy and agricultural lands act or the indian registration act would not apply, and, therefore, the protection of section 53-a of the transfer of property act would not be available to a person in possession claiming under a transfer falling within the purview of section 3 (1) (a) of the ..... made by the tribals to non-tribals prior to the coming into force of the said regulation in telegana area, and that even otherwise, the petitioners would be entitled to the protection of section 53-a of the transfer of property act, and that the orders of eviction passed by special deputy collector and the collector are illegal and devoid of jurisdiction.4. ..... reported in ilr (1972) andh pra 1313) that section 50-b of the hyderabad tenancy and agricultural lands act by necessary implication retrospectively validates transfers made when sec. ..... when the writ petition came up for hearing before our learned brothers .....