Judgment Search Results Home > Cases Phrase: indian coinage act 1906 section 13 coin when a legal tender Page 9 of about 294 results (0.067 seconds)

Bhupendra Kumar Chakravarty Vs. Pyari Mohan Roy and ors.

Court : Kolkata

Reported in : 40Ind.Cas.464

..... therefore, on the findings made by the learned judge of the lower appellate court, i think the case comes within the terms of section 70 of the indian contract act and the plaintiff is entitled to obtain the decree given in bis favour by the lower appellate court, subject to the variation i have ..... the case as decided by the learned judge of the lower appellate court in the judgment now under appeal is this :-the learned judge came to the conclusion that the defendant was acting in good faith when he encroached upon and cleared the lands of the plaintiff and that he had done so in the belief that the property was included in his share and that, so far as i gather from the reasons given by ..... the difference between section 51 of the transfer of property act and section 70 of the indian contract act is that, in cases coming under section 51 of the transfer of property act and under the rule laid down in ..... 926 the defendant gets a charge on the property, but, in cases under section 70 of the indian contract act, the plaintiff is bound to make compensation to the defendant for the amount spent; and, therefore, the decree in this case, instead of declaring a charge in favour of the defendant, should declare that the plaintiff is entitled ..... the present suit was instituted as long ago as the 9th april 1906, and is, therefore, slightly more than eleven years old to-day, and i think that the delay in the proceedings casts no credit either on the courts or on the parties engaged in the .....

Sandersons and Morgans Vs. Income-tax Officer, a Ward and ors.

Court : Kolkata

Reported in : [1973]87ITR270(Cal)

..... (a) by all the partners (not being minors) personally; or (b) in the case of a dissolved firm, by all persons (not being minors) who were partners in the firm immediately before its dissolution and by the legal representative of any such partner who is deceased,' section 185: ' on receipt of an application for the registration of a firm, the income-tax officer shall inquire into the genuineness of the firm and its constitution as specified in the instrument of partnership, and- (a) ..... 'constitution of the firm ' is also not defined in the partnership act though in sections 17, 38 and 47 of the indian partnership act reference is made to the said expression 'constitution of the ..... . by the said letter the income-tax officer was further informed that the petitioner-firm's assistant-in-charge of the particular section had left the employment and the relevant office records were mislaid and, as such, the petitioner-firm was unable to trace the receipt evidencing the filing of ..... however, of the fact that there was no appeal either from an order under sub-section (4) of section 184, or sub-section (7) of section 184, the order of the appellate assistant commissioner cannot be considered to be ..... . then at the time of the assessment order by a separate order the income-tax officer should record that fact and when the assessee prefers an appeal from the assessment, the assessee is entitled to contend that that finding of the ..... is not provided in those sections that rules when framed become part .....

Smt. Minati Das Vs. Radhakanta Patra and ors.

Court : Kolkata

Reported in : (1994)2CALLT432(HC)

..... , and with the permission of the court, by the prosecution, to contradict such witness in the manner provided by section 145 of the indian evidence act, 1872 (1 of 1872), and when any part of such statement is so used, any part thereof may also be used in the re-examination of such witness, but for the purpose only of explaining any matter referred to in his cross-examination ..... patna, : [1983]2scr724 where the supreme court in paragraph-14 observed thus :'on looking into the record we are of the view that the magistrate had good reason to summon the appellant under section 319 of the code as it appears from the evidence led at the trial that there was a strong case made out against the appellant for joining him in the criminal case as an accused ..... a police diary or otherwise, or any part of such statement or record, be used for any purpose, save as hereinafter provided, at any inquiry or trial in respect of any offence under investigation at the time when such statement was made ;provided that when any witness is called for the prosecution in such inquiry or trial whose statement has been reduced into writing as aforesaid, any part of his statement, if duly proved, may be used by the accused ..... of those four witnesses pw-4 was only tendered, but he was neither examined nor ..... , the evidence that may be legally adduced or the evidence already adduced or in both senses depending upon the context in which the .....

In Re: Sunil Kumar Bhattacharjee

Court : Kolkata

Reported in : (1997)1CALLT440(HC)

..... the learned advocate appearing for the petitioner, has urged that in this case the learned chief judge has over looked the relevant provisions of the indian succession act and mechanically has rejected the application of the petitioner to be added as a party and for giving a chance to contest in the probate proceeding. ..... under section 283 of indian succession act the district judge or district delegate may, if he thinks proper, issue citations calling upon all persons claiming to have any interest in the estate of the deceased to come and see the proceedings before ..... section 286 deals with the power of a district delegate and lays down that he shall not grant probate or letters of administration in any case in which there is 'contention' as to the grant, or in which it otherwise appears to him that probate or letters of administration, ought not to be granted by this court under section 288 where there is contention or where the district delegate thinks that probate or letters of administration should be refused, the documents shall be returned ..... the explanation to section 286 provides ..... it becomes only contentious when some one appears to oppose the ..... the appearance of any one in person, or by his recognised agent or by a pleader duly appointed to act on his behalf to oppose the proceeding'. ..... section 285 lays down that no proceeding shall be taken on a petition for probate or letters of administration after a caveat against the grant thereof has been entered until the notice has been .....

Meajan Matbor Vs. AlimuddIn Mea and ors.

Court : Kolkata

Reported in : 34Ind.Cas.571

..... justice chapman observed that the courts below did not consider the application of section 23 of the indian evidence act and that it was quite clear that having regard to the time when the offer of compromise was made, it was made on the understanding that evidence of it would not be given ..... it is not disputed that in the case before us, there was no such express condition; consequently, the defendants can rely only on that portion of section 23 which provides for the exclusion of an admission made under circumstances from which the court can infer that the parties agreed together that evidence of it should ..... when several persons are jointly interested in the subject-matter of the suit an admission of any one of these persons is receivable not only against himself but also against the other defendants, whether they be all jointly suing or sued, provided that the admission relates to the subject-matter in dispute and be made by the declarant in his character of a person jointly interested with the party against whom the evidence is tendered. ..... section 543):_-'when several persons are jointly interested in the subject-matter of the suit, the general rule is that the admissions of any one of those persons are receiv able against himself and fellows, whether they be all jointly suing or sued, provided the admission relates to the subject-matter in dispute and be made by the declarant in his character of a person jointly interested with the party against whom the evidence is tendered' .....

Sudhindra Nath Patra Vs. Union of India (Uoi)

Court : Kolkata

Reported in : 1992(58)ELT396(Cal)

..... gold (control) rules, rule 126(16) of the defence of india (fourth amendment) rules (1966), rule 126m(1-a) of the defence of india (fourth amendment) rules and the effect of repeal of defence of india rules (1962) and section 6 of the general clauses act (1897) observed in paragraph 12 of the said judgment, as follows:'it will be recalled that the president of india promulgated a proclamation of emergency on october 26, 1962 in exercise of the powers conferred on him by clause (1) of article ..... india rules, 1962 and, as such, the gold and gold ornaments were not liable to confiscation under the provisions of rule 126m of the aforesaid defence of india rules, 1962 and no penalty could be imposed under section 126l(16) of the said defence of india rules;(ii) that as the defence of india rules, 1962 being a temporary measure, after the repeal of the said defence of india rules, 1962 on 29th june 1968, ..... wife as parties to the proceeding and charging each one of them individually and separately calling upon them to show cause as to why the aforesaid gold and gold ornaments, the obsolete indian coins and pak currency notes should not be confiscated under section 121 of the customs act and why penalties should not be imposed on each of them under section 112 of the customs ..... there is no dispute that when the gold was seized on june 25,1968 for the offence, if any, that was committed by the respondent because of possession or dealing with such gold would be under the provisions of the gold .....

Gail Gas Ltd. Vs. Petroleum and Natural Gas Regulatory Board

Court : Appellate Tribunal for Electricity APTEL

..... to the above bid documents and the public notice issued under the petroleum board regulations before the appropriate forum, this tribunal cannot decide about the validity of clause 2.8.3, especially when the appellant has already accepted this bid condition and submitted the same before the board that too in the appeal challenging the letter dated 24/3/09 issued by the board. 24. ..... counsel for the appellant is that the impugned letter dated 24/3/09 declining the request made by the appellant for revising its bid on the strength of clause 2.8.3 of the bid document is not legally valid, since the said clause 2.8.3 is against the mandate of section 5 of the indian contract act. ..... appellant accepted the bid conditions and submitted the same in time and thought it fit to approach this tribunal challenging the letter dated 24/3/09 only after knowing the result of the tender process in which it was announced on 4/5/09 that the other bidder was a successful bidder and not before that. ..... 2008 to extend the last date of submission of bid in respect of the said tender by one more month in order to ensure a competitive environment for the bids. ..... 3/3/09, the appellant was the sole bidder to the said tender and no other entity had submitted its bid to the board ..... filed not immediately after letter of rejection of request is received, but only after announcement of the result of the board disqualifying the appellants application and announcing the result of the tender in favour of the other bidder. 14. .....

Present: Mr. Brijender Kaushik and Mr. Jitender Malik Advocates Vs. St ...

Court : Punjab and Haryana

..... that is the whole intent of section 32 sub section 1 of the indian evidence act to make certain statements admissible. ..... the basic question would be whether the dying declaration can be accepted in part especially when the co-accused, who were also inculpated in the same manner have been acquitted by the trial court ..... there is no requirement of law that a dying declaration must necessarily be made to a magistrate and when such statement is recorded by a magistrate, there is no specified statutory form for such recording. ..... there is the medical opinion about fit mental state at the time when statement of victim was recorded on the next evening, more so when the said statement bears signatures of the victim.26. ..... pw3 fakir singh father of babita deceased stated that when they reached civil hospital, bhiwani she was not in a position to speak ..... a plain reading of the above provision does not suggest that the recording of the statement is permissible only when a case for cognizable offence is made out. ..... says that such a statement is relevant when it is made by a person as to the cause of his death, or as 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 ..... io denied the suggestion that appellant was also accompanying the patient when she was brought in pgims rohtak. ..... above factors would show that the victim was not under the influence of her family members, when she recorded her statement before io.28. .....

Emperor Vs. Gangapa Kardepa

Court : Mumbai

Reported in : (1913)15BOMLR975

..... i feel clear that the confessions of co-accused may be taken into consideration under section 30 of the indian evidence act along with other evidence in the case: but if there is no evidence in the case outside these statements, a conviction based only upon the confessions of the co-accused ..... assuming for the sake of argument, however, that the confessions of the co-accused may form the basis of a legal conviction, i have to consider whether the confessions of the co-accused in this case corroborate one another in material particulars and prove beyond reasonable doubt that the appellants ..... the question whether the confessions of co-accused when taken into consideration under section 30 could form the basis of a conviction in the absence of other evidence in the case apparently did not arise and was not ..... do i think that words can be read into the section when there is nothing in the section to fetter the discretion of the court, or that there is anything in the section itself which prevents a court from convicting after taking the ..... section 30 of the evidence act is as follows :-when more persons than one are being tried jointly for the same offence, and a confession made by one of such persons affecting himself and some other of such persons is proved ..... the high courts in india have, as they are clearly entitled to do, laid down rules of practice which deserve all the reverence of law, so that they ought to be observed by judges when exercising their discretion under section 30.50. .....

Laxminarayan Khemchand Vs. State Through Police

Court : Madhya Pradesh

Reported in : AIR1961MP13; 1961CriLJ92; 1962MPLJ246

..... the applicant in revision has been convicted under section 9(a) of the indian opium act, as amended by the madhya bharat act 15 of 1955 and sentenced to suffer rigorous imprisonment for a year and a half and to pay a fine of ..... it is urged that the state legislature of madhya bharat was constitutionally incompetent to amend section 9(a) of the indian opium act and thereby enhance the punishment, 'opium' being entry no. ..... this state at all events cases of this class are only on 'police reports'.any way, as far as the accused is concerned and even if the procedure indicated in section 251a is followed in a case more properly coming under section 252 there is no prejudice, the difference being on the manner in which the court arrives at the prima facie case. ..... actually the madhya bharat opium act 15 of 1955 amends the provisions of indian opium act not in regard to matters mentioned in (entry 59) list i, but in regard to ..... when parliament enacts in regard to cultivation or manufacture or sale for export of opium it is acting in exercise of powers given by entry 59 in the union list; but when it enacts in regard to other matters concerning opium, it is in accordance with entry 19 in the concurrent ..... we do not know, whether ramsingh was available or within the reach of the court, when the case was sent up. ..... it appears that when the raid was on, the usual large crowd collected in front of the ..... when he could have had the opportunity to cross-examine on two occasions once before and again after .....