Judgment Search Results Home > Cases Phrase: indian museum act 1910 preamble 1 indian museum act 1910 Sorted by: recent Page 7 of about 3,016 results (0.117 seconds)

Sarda Education Trust, Through Its Secretary, Anjangaon Surji Vs. Muku ...

Court : Mumbai

Reported in : 2008(2)BomCR114; 2008(2)MhLj395

..... kannakaam reported at : (2005)1scc457 has specifically held in paragraph 15 of the judgment that the indian trust act as is clear by its preamble and contents, is applicable only to private trusts and not to public trusts. 9. ..... he pointed out that indian trusts act, 1882 applies to private trust as may be seen from the preamble of the act, which reads as under : .preamble . ..... we find that invocation of principles embodied in sections 47 and 48 of the indian trusts act in the present situation has achieved exactly opposite result of frustrating the interest of the trust and is, therefore, not sustainable. 18 ..... mohta for the appellant submitted that the learned single judge was not justified in holding that the provisions of sections 47 and 48 of the indian trusts act were applicable to the proceedings in respect of the appellant/ trust. ..... he submitted that the question whether the provisions of indian trusts act were applicable to public charitable trusts had been considered by a division bench of this court in controller of estate duty v ..... further he submitted that section (1) of the indian trusts act relating to 'short title, commencement and extent' specifically excludes applicability of the provisions of the act to public or private religious or charitable endowments. ..... it is true that section 1 of the indian trusts act makes provisions of the act inapplicable to public or private religious or charitable endowments; and so, these sections may not in terms apply to the trust now in .....

Kuruvilla Varghese Vs. Sapnam Elizabeth Joseph

Court : Kerala

Reported in : AIR2007Ker240

..... consummate the marriage and the marriage has not therefore been consummated (which is a ground for dissolution of marriage under clause (vii) of section 10 introduced by the indian divorce (amendment) act, 2001, act 51 of 2001 by the substitution of section 10 of the divorce act, 1869) is liable to be dismissed on the ground that the petition was filed twelve years after the marrjage and therefore the petitioner is guilty of unreasonable delay in ..... comes to pass; designed; intentional; purposeful; not accidental or involuntary.premeditated; malicious; done with evil intent, or with a bad motive or purpose, or with indifference to the natural consequences; unlawful; without legal justification.an act or omission is 'wilfully' done, if done voluntarily and intentionally and with the specific intent to do something the law forbids, or with the specific intent to fail to do something the law requires to be done; that ..... receipts from the petitioner; (b) the parties 'lived as husband and wife for the outside world for more than 12 years without having any sexual intercourse with each other; (c) the wife agreed to act the role of the wife at the request of the husband; (d) no notice was issued by the husband before filing the petition; (e) it cannot be said that the wife wilfully refused to ..... the preamble of the act reads thus : 'whereas it is expedient to amend the law relating to the divorce of persons professing the christian religion, and to confer upon certain courts jurisdiction in .....

Anand Mohan, Social Activist/Humanist/Environmentalist (Anti - Corrupt ...

Court : Allahabad

Reported in : 2007(1)AWC24

..... at the outset, we may note that so called 'student' leaders and their 'supporters', involved directly or indirectly (for their self/limited vested interests) do tend to justify their 'illegal-acts including 'public-nuisance' in the name of 'union elections' of the students as part of their fundamental right. .....

In Re: Abc Ltd.

Court : Authority for Advance Rulings

Reported in : (2007)289ITR438AAR

..... dossier containing the know-how and technical information, it was held that the transfer of technology information in the form of a dossier was transfer of a capital asset and that on the indian company entering into agreement with the foreign company of denmark for early termination of the licence to manufacture the products, technical information reverted to the applicant and that those facts showed that the ..... under section 9(1)(i), explanation to 9(1)(i)business connection--applicant, a company incorporated in switzerland and a tax resident thereof had entered into an agreement with an indian company for manufacturing and supply of turbo charges for vehicle and for that propose it proposed to establish indian subsidiary to be incorporated under indian companies act, and assigned its rights, interest and obligations in agreement on agreed consideration to be paid to applicant company in instalments. ..... clauses of the agreement exhibit - 2 which are relevant for the present discussion: (1) the preamble of the agreement recites, inter alia, that as a result of long experience in the business of design, development and manufacture of trucks and passenger vehicles for the indian and overseas markets, xyz ltd. ..... section the preamble to the deed of assignment says ..... (c) of the preamble mentions that the ..... the preamble of the exhibit-4 states that the assignor (applicant) is engaged in the business of design, development and manufacture of engine boosting systems for the worldwide market and .....

Abc Ltd. Vs. Cit-i Pune

Court : Authority for Advance Rulings

..... activity carried out through a broker, general commission agent or any other agent having an independent status, if such broker, general commission agent or any other agent having an independent status is acting in the ordinary course of his business: provided further that where such broker, general commission agent or any other agent works mainly on behalf of a non-resident (hereinafter in this proviso ..... "business connection" which is in the following terms:- [explanation 2 for the removal of doubts, it is hereby declared that "business connection" shall include any business activity carried out through a person who, acting on behalf of the non-resident,- (a) has and habitually exercises in india, an authority to conclude contracts on behalf of the non-resident, unless his activities are limited to the purchase of goods or merchandise ..... person responsible for paying to a non-resident, not being a company, or to a foreign company, any interest or any other sum chargeable under the provisions of this act (not being income chargeable under the head "salaries") shall, at the time of credit of such income to the account of the payee or at the time of payment thereof in cash or by the ..... the agreement exhibit-2 which are relevant for the present discussion:- (1) the preamble of the agreement recites, inter alia, that as a result of long experience in the business of design, development and manufacture of trucks and passenger vehicles for the indian and overseas markets, xyz ltd. .....

State Bank of India and anr. Vs. Mula Sahakari Sakhar Karkhana Ltd.

Court : Supreme Court of India

Reported in : AIR2007SC2361; 2006(5)ALD35(SC); 2006(3)AWC3124(SC); 2006(6)BomCR143; [2006]132CompCas565(SC); 2006(2)CTLJ1(SC); JT2006(6)SC152; 2006(6)MhLj257; 2006(6)SCALE600; (2006)6SCC

..... the high court, however, despite noticing the said document in extenso, committed a manifest error in opining:.the recital in the preamble in question itself cannot be the foundation to interpret the document in question as a document of indemnity....although it was opined that the same was intended to be a contract of indemnity, the high court wrongly observed ..... oral evidence adduced by the parties despite the bar contained in sections 91 and 92 of the indian evidence act holding:(i) ...the testimony of these witnesses, in no way, derogates the document in question. ..... the written document (exhibit-46) as quoted above lays emphasis on the preamble as under....yet again, in the said paragraph, the operative portion of the document was erroneously described as a preamble stating:.the preamble of the document in question creates an impression that the said document is a contract of indemnity ..... as per sections 91 and 92 of the indian evidence act, 1872 no evidence dehors the terms of the agreement, whether documentary or oral, can be led by the parties to get ..... b....the high court proceeded on the basis that section 92 of the evidence act would be attracted in the instant case but despite the same it referred to the oral evidence so as to find out the purported circumstances surrounding the transaction, which in our view ..... on construction of the said document was, thus, patently wrong.the high court committed a manifest error in terming the operative portion of the document as a preamble. .....

Sudhakaran Vs. State of Kerala

Court : Kerala

Reported in : 2006(1)KLT955

..... parvinder singh 2005 (4) klt 1029 (sc) : 2005 air scw 6021 it was held as follows:.the prevention of corruption act is a special statute and as the preamble shows this act has been enacted to consolidate and amend the law relating to the prevention of corruption and for matters connected therewith. ..... punishable by any law for the time being in force and includes any act in respect of which a complaint may be made under section 20 of the cattle tresspass act, 1871 (1 of 1871).in view of the definition of the word offence under section 2(n) of the code of criminal procedure, it would appear that section 197 not only applies to offence punishable under the provisions of the indian penal code, but to any offence punishable under any law for the ..... vc 2/97/knr registered under sections 13(2) and 13(1)(d) of the prevention of corruption act, 1988 and under section 120b of indian penal code by the deputy superintendent of police, vigilance and anti corruption bureau, kannur unit.3. ..... it was also held that the offences under 1988 act and indian penal code are different and distinct. ..... the question whether the state government can accord sanction to prosecute a member of indian administrative service was not raised and considered in that decision. ..... whereas sanction under the indian penal code in terms of the code of criminal procedure is required to be granted by the state; under the 1988 act it can be granted also by the authorities specified in section 19 thereof.14. .....

Cit Vs. Badri Nath Ganga Ram

Court : Allahabad

Reported in : (2005)194CTR(All)347

..... the preamble to the partnership deed it is mentioned that lakhan lal, the minor son of sri badri prasad, shall continue to get the benefits of partnership according to section 30 of the indian partnership act. ..... this sub-section in our opinion, has nothing to do with sub-section (1) of section 30 of the indian partnership act, which provides that a minor can be admitted to the benefits of partnership. ..... maritime : [1997]227itr244(ap) lays down that section 30 of the indian partnership act provides that a minor cannot be made liable for the losses of the partnership ..... placed reliance upon the following cases in support of his argument that as in the present case the minor has also been made liable to share the losses to the extent of his share, according to section 30 of the indian partnership act, the firm is not entitled for grant of registration. ..... it will not include sharing of losses by a partner or minor.the appellate commissioner while allowing the appeal lost sight of the fact that sub-sections (1) and (3) of section 30 of the indian partnership act operates in different fields.in view of the above discussions, we are of the opinion that the order of the tribunal granting registration to the assessee-firm under the income tax act, 1961, is legally not correct. ..... sub-section (3) of section 30 of the indian partnership act makes the minor's share liable for the acts of the firm, should be construed accordingly for the debts of the firm in which a minor is admitted to the benefit of .....

Commissioner of Income-tax Vs. Badri Nath Ganga Ram

Court : Allahabad

Reported in : [2005]273ITR485(All)

..... in the preamble to the partnership deed it is mentioned that lakhan lal, the minor son of sri badri prasad, shall continue to get the benefits of partnership according to section 30 of the indian partnership act. ..... this sub-section in our opinion, has nothing to do with sub-section (1) of section 30 of the indian partnership act, which provides that a minor can be admitted to the benefits of partnership. ..... the relevant para reads as follows (page 533) :'section 30 of the indian partnership act clearly lays down that a minor cannot become a partner though with the consent of the adult partners he may be admitted to the benefit of partnership ..... maritime : [1997]227itr244(ap) lays down that section 30 of the indian partnership act provides that a minor cannot be made liable for the losses of the partnership ..... placed reliance upon the following cases in support of his argument that as in the present case the minor has also been made liable to share the losses to the extent of his share, according to section 30 of the indian partnership act, the firm is not entitled for grant of registration. ..... sub-section (3) of section 30 of the indian partnership act makes the minor's share liable for the acts of the firm, should be construed accordingly for the debts of the firm in which a minor is admitted to the benefit of ..... appellate commissioner while allowing the appeal lost sight of the fact that sub-sections (1) and (3) of section 30 of the indian partnership act operates in different fields.17. .....

Jandhalaya Krishna Murthy Vs. Tullimilli Kotaiah

Court : Andhra Pradesh

Reported in : 2005(1)ALD205

..... by mutual agreement of the parties.under section 5, the cultivating tenant and the landlord may agree among themselves in regard to the quantum of rent payable for a holding subject to the maximum rent specified in section 3 of the act.however, under section 6, it is open for the cultivating tenant or landlord to seek fixation of fair rent by making an application to the tahsildar subject to certain limitations.section 10 as amended reads thus:rights of cultivating tenants :-(1) every ..... (andhra area) tenancy act, 1956 and whether such judgments would be relevant under section 13 of the indian evidence act as against non-parties to the prior litigations?that's how the matter came up before this court for answering the references ..... as already observed by us, the act was conceived in the interest of cultivating tenant and the very preamble itself concentrates on fixation of fair rent and for fixing minimum period of agricultural ..... the legislative policy as could be gathered from the preamble, appears to be to give 'security of tenure to the tenant and also for payment of fair rent by cultivating ..... the preamble of the act states that it is an act to provide for payment of fair rent by cultivating tenants and for fixing the minimum period of lease in the state of andhra ..... and that too having the minimum period of six years could be nothing but denying the benefit where the statute conferred and that would go contrary to the very object and purport of the preamble of the act thereto. .....