Array
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    [0] =>  .....  all, are identical. in such cases section 73 may legitimately be applied, though it may be that in deciding the actual details of rateable distribution some complicated inquiries may become necessary. in this connection it may perhaps be permissible to note that clause (c) to the proviso to section 73 which deals with the rateable distribution .....  only one had obtained a decree against the father and his son, while all others had obtained their respective decrees against the father alone. the learned trial judge had allowed the claim of the thirteen decree-holders for rateable distribution since in his opinion the father, who was a common judgment-debtor in all decrees, was .....  '. similarly in broom's legal maxims (p. 150) it is stated thatunless it is very clear that violence would be done to the language of the act by adopting any other construction, any great inconvenience which might result from that suggested may certainly afford fair ground for supposing that it could not be what was  ..... 
    [1] =>  .....  he would be given a suitable opportunity of being heard if he wished to be heard. at no stage did he indicate even an intention of being present at the inquiry. his letter of the 23rd march, 1941, in which he referred to his acquittal by the magistrate indicates that he was content to rely on the proceedings in the  .....  was also informed that no further extension of time would be granted to him ' on any account.5. the respondent ignored this letter and consequently the superintendent embarked upon the inquiry. in a report dated the 4th april, 1941, he held that all the charges had been proved. he passed an order directing that the respondent be dismissed from the service .....  a fresh notice under section 80 and relied on the notice which he had given on the 22nd october, 1942. the subordinate judge held that this was sufficient.9. sub-section (3) of section 240 of the government of india act, 1935, states that no person who is in the service of or holds a civil post under the crown in india ..... 
    [2] =>  ..... a) of any error, omission or irregularity in the complaint, summons, warrant, charge, proclamation, order, judgment or other proceedings before or during trial or in any inquiry or other proceedings under this code, or....explanation - in determining whether any error, omission or irregularity in any proceeding under this code has occasioned a failure of  .....  detail connected with every distillery in the province. i am relieved of the necessity of noticing this criticism, inasmuch as i find that the learned judge has distinctly found that the authorised controller during his visit acquainted himself with the true state of affairs. i have already dwelt upon the sub sequent .....  report was that it was possible to substitute power alcohol for petrol and the government accepted his report, with the result that it passed an act called the power alcohol act, (act 18 [xviii] of 1940). in july 1941, he was appointed technical adviser to the excise commissioner. it might be mentioned that mr. bhadkamkar ..... 
    [3] =>  ..... objected by the appellant that the high court was wrong in treating all the 28 exemplars on precisely the same footing in relation to occupancy tenants without making any inquiry into the circumstances of particular cases, and further, that 8 annas per square yard is too heavy a deduction to make merely on account of trouble and  .....  yard, but objected to the deduction of 8 annas per square yard in respect of occupancy tenancies, an expression denned in the agra tenancy act, 1926. the appellant contended that the learned judges of the high court were under a misapprehension in saying that it had been agreed before them that in the case of the 28 exemplars ..... yards and sales more than seven years before the notification were relied on on behalf of the collector to preclude the applicants from questioning the award. the learned judge rejected this contention, holding that the agreement only related to the evidence to be relied on for the purpose of determining the value, and that the parties had ..... 
    [4] =>  ..... latter's, and that it was dhanalal who produced the solvency certificate which it was thought was in his name. having discussed the matter in some detail, the learned judge came to the conclusion that, having regard to all the facts, the appellant had failed to prove that dhanalal offered bids as an agent of hansraj singh. that  .....  remaining question with regard to the jurisdiction of the courts to entertain this suit at all. in the court below the learned judge came to the conclusion that there was jurisdiction because the collector was not acting as a revenue officer but as a persona designate,, and also because the sale was ordered under section 10 of the tolls  ..... . l.r. 213 i agree, therefore, that the suit is not barred by the revenue jurisdiction act, and that the appeal should be allowed as proposed by the learned chief justice.33. per curiam. appellant to get possession of his lands. inquiry as to mesne profits to be held. appeal allowed with costs in the court below and in this ..... 
    [5] =>  .....  to them. it. appears that there wore communications exchanged between the b, b. &'c. i. railway and n. w. railway and that a certain departmental inquiry was held by the assistant transportation officer, north western railway, delhi division, in conjunction with the assistant mechanical engineer, when no satisfactory reply was received by the plaintiffs ..... the railway receipt or had any rights in the goods represented by the railway receipt created in him of the type mentioned above. as was observed by the learned judges of the allahabad high court in secretary of state for india, in council v. rishi ram jagdish prasad i.l.r (1927) all. 227 (p. 230 ..... & c. i. railway, nor the general manager, n. w. railway, lahore, fulfilled the category of the 'manager' stated, in section 140 of the indian railways act, and therefore the plaintiffs were not entitled to maintain the suit for want of the requisite notice served by them within the prescribed period on those railway administrations. mr. joshi ..... 
    [6] =>  ..... a petty offence can at the discretion of a magistrate be sent for trial to the court of session. chapter 18 of the code contains the provisions relating to inquiry into cases triable by the court of session or high court. section 206(1) empowers any presidency magistrate or magistrate of the first class, etc, to commit  .....  could be given was only two years and, therefore, there could be no question that the learned magistrate could give an adequate punishment. the learned assistant sessions judge failed to note that under section 147 the amount of fine which may be inflicted is unlimited and therefore, it might conceivably be the case that the magistrate  ..... which the learned magistrate thought it desirable to frame charges appeared to him to fall under sections 147 and 323/149, penal code and section 22, cattle trespass act. all of these were offences triable by a magistrate of the first class, but nonetheless the learned magistrate committed the accused for trial to the sessions court on ..... 
    [7] =>  .....  gift, just as if a statute had laid lit down that a gift of such a description was a good charitable gift. once the fact is established any inquiry into consequence appears to me to be irrelevant. but it is argued that however true this may be of lord macnaghtens first three classes it cannot be true of .....  before them, and that there was sharp conflict of opinion between such witnesses. if, however, i am right in thinking that the issue to be determined by the learned judge was, 'has it been proved to me, by the evidence adduced before me, that the purposes of these societies are beneficial to the community ?', he in terms declined ..... of vivisection, including in that term all experiments on living animals, whether calculated to inflict pain or not, and, for that purpose, the repeal of the cruelty to animals act, 1876, and the substitution of a new enactment prohibiting vivisection altogether' (case, paragraph 20). 'the work of the society is to a large extent directed towards the prevention ..... 
    [8] =>  ..... which have grown wild in non-forest areas represents agricultural income within the meaning of the definition given in section 2(1) of the income-tax act. as we have indicated, the learned judges who decided chief commissioner of income-tax v. jamindar of singampatti i.l.r. (1922) mad. 518 were inclined to the view that  ..... to regulate such augmentations by the inquiries and opinions of the local officers appointed by the ruling power for the time being; and that in the attainment of an increased revenue on such foundations, it ..... the determination of the amount and without any security to the zamindars or other persons for the continuance of a moderate land-tax; that, on the contrary, frequent inquiries have been instituted by the ruling power, whether hindu pr muhammadan, for the purpose of augmenting the assessment of the land revenue; that it has been customary  ..... 
    [9] =>  .....  have no hesitation in coming, to the conclusion that that fact ought to have put the banker upon inquiry and he ought to have seen that the matter was right. but in this particular case the learned judge came to the conclusion that as the cheques paid in were for comparatively small amounts and the cheques were ..... principal whose authority the customer purports to have.therefore what i have to determine in this case is whether in collecting the cheque belonging to customer gandhi the bank acted without reasonable care in reference to the interest of, the plaintiff, the true owner of the cheque.4. the privy council in commissioners of taxation v. english .....  bank is guilty of conversion. under the ordinary law the bank would have no answer to the plaintiff's claim. but section 131 of the negotiable instruments act, 1881, affords the defendant bank a statutory protection against the true owner in cases of conversion provided certain conditions mentioned in that section are complied with. if ..... 
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