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Judgment Search Results Home > Cases Phrase: indian stamp act 1899 chapter i preliminary Sorted by: recent Page 11 of about 116 results (0.098 seconds)

Sep 02 1947 (PC)

The Chief Controlling Revenue Authority Vs. the Maharashtra Sugar Mill ...

Court : Mumbai

Reported in : (1947)49BOMLR893

..... the public have no remedy against what may turn out to be a wrong and arbitrary decision of the stamp authorities with regard to the payment of duty chargeable in respect of any particular document, save and except the somewhat doubtful remedy pointed out by section 56 of the indian stamp act, which, however, does not confer upon the public any right to compel the stamp authorities to refer the question arising in any particular case to the decision of the court.32. ..... their lordships were concerned in that case with section 51 of the indian income-tax act, 1918, and section 51 of that act provided:(1) if, in the course of any assessment under this act or any proceeding in connection therewith other than a proceeding under chapter vii, a question has arisen with reference to the interpretation of any of the provisions of this act or of any rule thereunder, the chief revenue authority may, either on its own motion or on reference from any revenue officer subordinate to it, draw ..... latter part of the clause their lordships said that that part need not be considered, for the proceedings in the case before them had not to do with the collection of the revenue, but with the preliminary assessment to ascertain what that revenue was. .....

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May 18 1925 (PC)

(Thakur) Bilas Singh Vs. Emperor

Court : Allahabad

Reported in : AIR1925All737

..... council is, in fact, the jurisdiction of his majesty in council, and it is therefore his majesty, and not the council alone, by whose authority the judgment must be pronounced, section 5 of the indian elections offences and inquiries act invests the commissioners with certain of the powers of a court under the code of civil procedure, but does not declare them to be a court except for certain purposes. ..... their lordships held that the com mission in question was one appointed by the viceroy himself for the information of his own mind in order that he should not act in his political and sovereign character otherwise than in accordance with the dictates of justice and equity, and was not in any sense a court, or, if a court, was not a court from which an appeal ..... ' even if therefore the commissioners, in view of section 3 of the indian evidence act and section 6 of act xxxix of 1920 and their powers to hold an enquiry, take evidence and record a finding, are taken to be a 'court', it does not, follow that they necessarily are a ..... registrar or sub-registrar would be a court unless specially excepted from the definition, if it were permissible to refer to the report of the committee which was responsible for the draft of the amending act, it would seem that they imagined the amendment to be a mere drafting amendment involving no alteration of substance. ..... the preliminary objection ..... of stamps (1899) ..... they occur in the same chapter of the criminal procedure code which deals with offences .....

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Jan 21 1924 (PC)

Maharaja of Kolhapur Vs. S. Sundaram Ayyar and ors.

Court : Chennai

Reported in : AIR1925Mad497

..... of adoption all the property left by the husband has been in the possession of a third person who could successfully plead adverse possession or is taken away to a place where the indian courts would have no jurisdiction can it be said that the widow has no power to adopt a son to her husband and thus deprive the husband of the spiritual benefits that would ..... foremost authorities on the period of aurangazeb and sivaji, whose works relating to the two monarchs have received very high praise from eminent eastern and western scholars, in chapter ix of his 'shivaji and his times,' gives with great clearness the reasons that induced sivaji and his advisers to think of his coronation. ..... 424 in that the nature of the estate given to the daughter was net defined in their preliminary judgment, though in the final judgment and the decree there are observations as to kamaktbi bai's proprietary right for life which are consistent with the grant to her and her ..... was a certainty but whether she would outlive them all was an uncertain contingency (see illustrations c and d to section 107 of the indian succession act). ..... of his book observes as follows:if the marathas can be described as a caste, their history and tradition certainly stamp them as a caste of the national type.... ..... 5 of 1899, a suit brought by a reversioner in amar singh's branch, which settled at tiruvadamarudur in the tanjore district, the subordinate judge of kumbakonam found that there was no such form of marriage as sword .....

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Jan 21 1924 (PC)

Maharaja of Kolhapur Vs. S. Sundaram Ayyar and 15 ors.

Court : Chennai

Reported in : (1925)ILR68Mad1

..... the government of their mere grace and favour, or a restoration of the property to those entitled to it by right of succession, or an abandonment by the government of all claim of right by virtue of their state act of seizure, the learned judges after referring to the proceedings of the government observe:there is nothing in those proceedings indicative of an abandonment of proprietary right from the time of seizure, and it would have been strange to ..... the period of aurangazeb and sivaji, whose works relating to the two monarchs have received very high praise from eminent eastern and western scholars, in chapter ix of his ' shivaji and his times,' gives with great clearness the reasons that induced sivaji and his advisers to think of his coronation. ..... , 424 in that the nature of the estate given to the daughter was not defined in their preliminary judgment, though in the final judgment exhibit d-61 and the decree exhibit b-179 there are observations as to kamakshi bai proprietary right for life which ..... as follows:if the marathas can be described as a caste, their history and tradition certainly stamp them as a caste of the national type..according to mr. ..... whether she would outlive them all was an uncertain contingency (see illustrations c and d to section 107 of the indian succession act). ..... 5 of 1899, a suit brought by a reversioner in amar singh's branch, which settled at tiruvadamarudur in the tanjore district, the subordinate judge of kumbakonam found that there was no such form of .....

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Apr 29 1920 (PC)

N.N.L. Ramaswami Chettiar Vs. Mallappa Reddiar

Court : Chennai

Reported in : (1920)39MLJ350

..... all possible complications of facts which may arise such as the case of the creditor being entitled to avoid the transfer (by the judgment-debtor) to a fraudulent transferee under section 53 of the transfer of property act and the consequent result that so far as the creditor's remedies are concerned against the transferred property, the transfer is void though the judgment-debtor would himself be unable to transfer it again whether an attachment order ..... certainly would have been inconsistent with the marked distinction between the references to possession in rules 59, 60 and 61 in connection with the preliminary order under the two last mentioned and the reference in rule 63 to the establishment in the subsequent suit of the right claimed by the ..... 9 of the specific relief act, the possession chapter of the criminal procedure code and the analogous provisions in the succession certificate act, the estates land act, etc.18. ..... can do so appears from two decisions cited by sterling j, in re mouat (1899) i.ch.d 31 where the creditor's rights at law and in equity are distinguished. ..... doubt that generally the exercise of the option to avoid a contract can be pleaded by the person entitled to exercise it in defence, as for instance in cases under sections 19 and 20 indian contract act. ..... observed in the referring order of spencer j, where many of indian decisions are cited. ..... i respectfully accept the statement of the english law in the judgment just delivered and turn to the indian authorities. .....

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Jan 06 1920 (FN)

Jacob Ruppert Vs. Caffey

Court : US Supreme Court

..... be confronted with difficulties similar to those encountered by the states is obvious, and both this experience of the states and the need of the federal government of legislation defining intoxicating liquors, as was done in the volstead act, was clearly set forth in the reports of the house committee on the judiciary in reporting the bill to the 65th congress, 3d session, report 1143, february 26, 1919, and to the 66th congress, 1st session ..... 21, 1918, had become void or had expired by its own terms before the bill was filed; (2) that its prohibition, by its terms, was limited to beer which was in fact intoxicating; (3) that the act of october 28, 1919, title 1, 1, which purported to extend the prohibition to the manufacture and sale of beer not in fact intoxicating, exceeded the war power of congress, and that thereby violation of rights guaranteed ..... it was heard below on plaintiff's motion for a preliminary injunction and defendants' motion to dismiss, and, having been dismissed, was brought here by direct appeal under ..... "all beer manufactured from hops and malt or from hops and barley, and all beer on the receptacle containing which the laws of the united states require a revenue stamp to be affixed, [but it] shall not include beverages which contain no alcohol. . . ." 2. ..... of this chapter. ..... 697, 8 (indian territory prohibition), prohibits "any vinous, malt, or fermented liquors, ..... rev.code 1899, 7598, prohibits "all spirituous, malt, vinous, fermented, or other intoxicating liquors .....

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Feb 18 1918 (PC)

The Midnapore Zemindari Company, Limited Through Its Duly Authorized M ...

Court : Chennai

Reported in : (1918)34MLJ563

..... xvii of 1882 as having become obsolete, and thus vanished the last trace of the police powers formerly vested in the zemindar as head of his district, the police act xxiv of 1859, which took away the control of the police from the tahsildars and created a separate police department, denned police, in section 1 as including 'general' and village police, cuttoobadies, kavalgars, and ..... . by the regulation, the headman as regards police duties, was made responsible to the tahsildar or indian magistrate of the locality, and zemindars were deprived of all police powers except in so far as any of the duties of the tahsildar might be conferred upon particular zemindars by the government under ..... expelled by tippoo for failure to pay the peishcush imposed upon him, was restored by the company, the incident of military service was suppressed by the company in accordance with its settled policy as a necessary preliminary to the introduction of settled government. ..... who may be found, or who may seek refuge, in their zemindaris, an obligation which was not regarded as incompatible with the power of alienation, and is very similar to that imposed on people generally and landowners in particular by chapter iv of the code of criminal procedure ..... a certain number of persons carrying pikes for the purpose of maintaining the pomp and state heretofore attached to the persons of the palayagars ', but the number was to be fixed and the pikes issued to them stamped and registered. ..... 's grand-father died on 16-7-1899 .....

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Feb 18 1918 (PC)

The Midnapore Zemindari Company Limited Vs. Appayasami Naicker and anr ...

Court : Chennai

Reported in : (1918)ILR41Mad749

..... certain number of persons carrying pikes for the purpose of maintaining the pomp and state heretofore attached to the persons of the palayagars,' but the number was to be fixed and the pikes issued to them stamped and registered, the proclamation concluded by announcing to the palayagars, 'the intention to establish a permanent assessment of revenue on the lands of the palayams upon the principles of zamindari tenure, which assessment being ..... rendered is not mentioned in this exhibit, but from exhibit d3(b) it appears that he and four or five other palayagars were to come with their respective men and act as an escort of 'old lucki (lakshmana) naick' in conducting him from komaravadi as soon as the arrest of this escaped prisoner was effected.12 ..... one. by the regulation, the headman as regards police duties, was made responsible to the tahsildar or indian magistrate of the locality, and zamindars were deprived of all police powers except in so far as any of the duties of the tahsildar might be conferred ..... pay the peshkash imposed upon him, was restored by the company, the incident of military service was suppressed by the company in accordance with its settled policy as a necessary preliminary to the introduction of settled government. ..... may seek refuge, in their zamindaris, an obligation which was not regarded as incompatible with the power of alienation, and is very similar to that imposed on people generally and landowners in particular by chapter iv of the code of criminal ..... july .....

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Feb 18 1918 (PC)

The Midnapore Zemindari Company, Limited Vs. Malayandi Appayasami Naic ...

Court : Chennai

Reported in : 47Ind.Cas.733

..... the same time the work that they were expected to perform, seems to have been that of guarding roads...and passes, acting as spies of the enemies' movements and as guides to the british troops through the forest tracks and hill passes, they ..... assistance to be rendered is not mentioned in this exhibit, but from exhibit d3 (b) it appears that lie and four or five other palayagars were to come with their respective men and act as an escort of old liuoki lakshmana naiok ' in conducting him from komaravadi as soon as the arrest of this escaped prisoner was effected.11. ..... . by the regulation, the headman as regards police duties, was made responsible to the tahsildar or indian magistrate of the locality, and zemindars were 'deprived of all police powers except in so far as any of the duties of the tahsildar might be conferred upon particular zemindars by the ..... by tippoo for failure to pay the peisbcush imposed upon him, was restored by the company, the incident of military service was suppressed by the company in accordance with its settled policy as a necessary preliminary to the introduction of settled government. ..... to that imposed on people generally and land-owners in particular by chapter iv of the code of criminal procedure ..... certain number of persons carrying pikes for the purpose of maintaining the pomp and state heretofore attached to the persons of the, palayagars,' but the number was to be fixed and the pikes issued to them stamped and registered. ..... grandfather died on 16th july 1899 .....

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Jun 14 1909 (PC)

Ahmedbhoy Habibbhoy Vs. Sir Dinshaw M. Petit and ors.

Court : Mumbai

Reported in : 3Ind.Cas.124

..... disposal of the suit, even though only incidentally necessary, yet necessary, does fall within the scope of those words and would constitute res judicata, yet once a decision has been come to upon any preliminary point, be it other a point of law or of fact or a mixed question of law and fact, which is sufficient in itself to dispose of the whole suit, if the judge goes on to discuss merely perhaps for the satisfaction of the appellate court ..... must suppose that the sentence is really so limited, because i have not been able to find a single case in the english courts (not falling within the scope of those acts) in which the person, whose claim threw a doubt on the plaintiff's title, was made a party to the suit between the plaintiff-vendor and the defendant-vendee for specific performance ..... probably no better summary of the whole question can be found than in chapter xviii of fry on specific performance upon which counsel for the executors and the plaintiff have almost exclusively drawn for their ..... believe the principle of this decision is supported by every english and indian case, with the single exception of one calcutta case. ..... the impress of ancestral property cannot be stamped on any property by mere volition ..... no doubt the latter consideration is not essential, when in fact it is known that a claim will be made, as in in re hollis' hospital (1899) 2 ch ..... now that is a much stronger case than this for while the litigation was as certain to follow here as in re hollis (1899) 2 ch .....

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