Judgment Search Results Home > Cases Phrase: police incitement to disaffection act 1922 Page 4 of about 414 results (0.062 seconds)

Official Trustee of Bombay Vs. Controller of Estate Duty

Court : Mumbai

Reported in : [1979]117ITR190(Bom)

..... urged that since in the instance case the life interest created in favour of the deceased was liable to be altered or revoked by the settlor by act, deed, will or otherwise, it cannot be said that this is a case where 'an interest limited to cease on a death' had been created and ..... april 1, 1905, march 25, 1911, september 21, 1919, and april 6, 1927, and a deed intended to be executed by his highness immediately after the passing of the act of even date (being the deed of variation, dated april 13, 1928) were to form part of the enactment and were so to take effect. ..... it was also not disputed before us that though the aforesaid position obtained as per the provisions of the bombay act, in point of fact even after march 31, 1957, the deceased continued to enjoy 1/3rd share in the income of the trust funds till her death ..... aforesaid facts and the deputy controller came to the conclusion that by reason of the passing of the bombay act there was determination of the life interest of the deceased (her late higness maharani chimnabai gaekwar) within the ..... 31, 1957, the deceased had no interest left whatsoever and she was not entitled to any income thereafter and under the provisions of the bombay act, the income as well as the corpus was payable to the beneficiaries who did not include the deceased. ..... was urged that the interest of the deceased ceased on march 31, 1957, in view of the bombay act and nothing passed at the time of her death on august 23, 1958; secondly, for the purpose of .....

John Vallamattom and anr. Vs. Union of India (Uoi)

Court : Supreme Court of India

Reported in : AIR2003SC2902; 2003(5)ALD51(SC); 2004(5)ALLMR(SC)283; 2003(4)AWC2689(SC); 2003(3)CTC418; [2003(4)JCR44(SC)]; JT2003(6)SC37; 2003(3)KLT66(SC); 2003(5)SCALE384; (2003)6SCC611

..... in an enactment religious bequests by a christian is discriminatory and violative of articles 14 and 15 of the constitution must be determined as per the rule of procedure laid down by section 118 of the act, which comes with the purview of articles 14 and 15 of the constitution, and it is, therefore, necessary that all testators who are similarly situated should be subjected to the same rule of procedure. ..... whenever fundamental right to freedom of conscience and to profess, practice and to propagate religion is invoked, the petitioners contended that the act complained of as offending the fundamental right must be examined to dishonour whether such act is to protect order, morality and health, whether it is to give effect to the other provisions of part iii of the constitution or whether it is authorised by a law made to regulate or restrict any economic, financial, political or secular ..... at the same time, since no exemption is granted by the state government to the members of the christian community under section 3 of the act, christians cannot bequest property for religious or charitable use unless fresh will is executed on the expiry of every 12 months, if the testator does not suffer from the misfortune of death within the ..... the petitioners are aggrieved by the discriminatory treatment meted out to the members of the christian community under the act by which they were practically prevented from bequeathing property for religious and charitable purposes and that has led them .....

Ashok Gangadhar Shedge and Others Vs. Ramesh Gangadhar Shedge, Since D ...

Court : Mumbai

..... the hindu law, of such son, grandson or great-grandson to discharge any such debt: provided that in the case of any debt contracted before the commencement of the hindu succession (amendment) act, 2005, nothing contained in this sub-section shall affect-- (a) the right of any creditor to proceed against the son, grandson or great-grandson, as the case may be; or (b) any ..... down a uniform and comprehensive system of inheritance and applies, inter alia, to persons governed by the mitakshara and dayabhaga schools and also to those governed previously by the murumakkattayam, aliyasantana and nambudri laws.the act applies to every person who is a hindu by religion in any of its forms or developments including a virashaiva, a lingayat or a follower of the brahmo, pararthana or arya samaj; or to any ..... death an interest in a mitakshara coparcenary property, his interest in the property shall devolve by survivorship upon the surviving members of the coparcenary and not in accordance with this act: provided that, if the deceased had left him surviving a female relative specified in class i of the schedule or a male relative specified in that class who claims ..... interest in the property of a joint hindu family governed by the mitakshara law, shall devolve by testamentary or intestate succession, as the case may be, under this act and not by survivorship, and the coparcenary property shall be deemed to have been divided as if a partition had taken place and,-- (a) the daughter is allotted the .....

Late Manigauri T. Panchal (by Lrs. Babubhai T. Panchal) Vs. Controller ...

Court : Gujarat

Reported in : [1992]196ITR517(Guj)

..... , the result will, however, be the same because the interest of the deceased trikamlal in the said coparcenary property either was deemed to have passed on the death of trikamlal under section 9 read with section 27 of the act since the release deed was made within two year prior to his death or had devolved on these two person by succession in equal shares in view of the privacy to section 6 read with section 8 of the hindu succession ..... panchal : [1982]133itr455(guj) holding that the relinquishment by a coparcener of his undefined share in the coparcenary property was not a disposition of property within the meaning of explanation 2 to section 2(15) read with explanation 2 of the said act and of sections 5, 7, 9, 27 and 39 would clearly cover cases of relinquishment of rights by coperceners which is, by virtue of section 27, considered as a gift within the meaning of section 9, if made during the period specified and amounts to a disposition of property which is deemed to ..... to ask oneself is, how can such a right be valued at all it was held that, in the absence of any provision in explanation 2 to section 2(15) enacting either expressly or by necessary implication any notional partition as has been provided in section 39(1) of the act, it must be held that though there was a release of an inchoate right inasmuch as it cannot be said to be a disposition of property within the meaning of explanation 2 to section 2(15) of the .....

State of Tamil Nadu and ors. Vs. L. Abu Kavur Bai and ors.

Court : Supreme Court of India

Reported in : AIR1984SC326; 1983(2)SCALE541; (1984)1SCC515; [1984]1SCR725; 1984(16)LC1(SC)

..... clauses (b) & (c) of article 39, by virtue of the 42nd amendment the limitations which were confined to clauses (b) and (c) of article 39 were taken away and the article was given a much wider connotation by legislating that acts or laws given effect to all or any of the principles laid down in part iv of the constitution would be protected by the umbrella contained in article 31c and would be immune from challenge on the ground that they were ..... may be taken as a concession on behalf of the state that the officers fixing the compensation were entitled to make marginal but not vital departures from the principles of compensation laid down by the act which seems to be the real intention of the statute in question by providing for a broad-based compensation and allowing the same to be decided by the highest court of justice in the state, viz. ..... given by the high court we would like to mention certain important facts which have come into existence after the act was passed by the tamil nadu legislature as also after the judgment of the high court, which fall under three heads :(1) that by virtue of the constitution (25th amendment) act, 1971 a new article in the shape of article 31c was inserted in the constitution with the avowed object ..... in the same token, it was argued that the manner and method in which the nationalisation policy has been enacted in the act does not per se secure twin objects of article 39(b) & (c) for two reasons -(1) that taking over of the vehicles, tools, .....

Surendra Pal and ors. Vs. Dr. (Mrs.) Saraswati Arora and anr.

Court : Supreme Court of India

Reported in : AIR1974SC1999; (1974)2SCC600; [1975]1SCR687

..... of the will (3) had the testator testamentary capacity at the time of signing the alleged will was the execution of the will obtained by fraud of coercion or undue influence or importunity of the petitioner and others acting with her (5) was the deceased prevented by force and threats from executing a further will by which his property would have been equitably divided? ..... 16, 1960 just over a year after her death, bhim sain went to the police station and made a complaint against his son (surendra pal). ..... sain his son was doing all these because he had been found out in the act of removing jewelleries and cash from the vaults, safe and steel almirah. ..... , always some dominant and impelling circumstance which motivates a man's action though in some cases even a trivial and trifling cause impels him to act in a particular way which a majority of others may not do. ..... notice under the special marriages act was given to the registrar, but since the time was not sufficient to fulfil the requirements of that act, this notice was ante-dated and the marriage took place on ..... section 103 of the evidence act places the burden of substantiating such a plea on the party which ..... 33 'a man may act foolishly and even heartlessly; if he acts with full comprehension of what he is doing the court will not interfere with the exercise of ..... unlike the position in england at the time when the courts recognised the presumption relied upon by the appellant, cur law of evidence is codified in the indian evidence act. .....

Commissioner of Gift-tax, Gujarat I Vs. Taramati Hariprasad Vasa

Court : Gujarat

Reported in : [1969]74ITR211(Guj)

..... since she had no interest in this particular property, there cannot be any disposition, conveyance, assignment, settlement or other alienation of property within the meaning of section 2(xxiv) of the act; and as she had no interest in this particular piece of property, it cannot be said that by agreeing not to claim any share on this partial partition, she was diminishing directly or indirectly the value of her own property and to ..... it was further stated in that letter that she desired to make advance payment of tax within 15 days so as to get the benefit of the provisions of section 18 of the act and the letter called upon the gift-tax officer to send her a challan for the tax payable by her in connection with giving up or abandonment of her right in connection with her 1/7th share in the said 1, ..... it was also contended that the abandonment or non-enforcement of her right could not be brought under section 4(c) of the act; and, lastly, it was contended that, even if the act of the assessee was deemed to come within the scope of section 4(c), it would not amount to a gift, because the release, surrender, or abandonment, if any, could not be said to be lacing in bona fides. .....

Siddharth Jain Vs. Shaheed Sukhdev College of Business Studies and Ano ...

Court : Delhi

..... offenders who are above the age of 21 years absolute discretion is given to the court to release, them after admonition or on probation of good conduct, subject to the conditions laid down in the appropriate provisions of the act, in the case of offenders below the age of 21 years, an injunction is issued to the court not to sentence them to imprisonment unless it is satisfied that, having regard to the circumstances of the case, including the ..... aforesaid conclusions, the disciplinary committee made the following recommendations: ....recommendation: despite being guilty, siddharth jain's complete denial of the charges without having any remorse or repentance of his act and alleging the complainant, the british council, the delivery partners indogenius, college authority and the two faculty coordinators of framing charges against him, the committee is left with no ..... should be suspended for the remaining tenure of the petitioner in the college upon the petitioner executing an undertaking of good behaviour with the following conditions: (i) in case any other act of misdemeanour [which comes within the ambit of offences prescribed in clause 3 of the ordinance xv(b)] is committed by the petitioner, he will, serve the entirety of the remaining sentence, as imposed vide ..... i must indicate that the judgment of the supreme court in the case of deputy inspector general of police and anr. vs. s. ..... the judgment of the supreme court in the case of deputy inspector general of police and anr. vs. s. .....

Vinod Dua Vs. Union Of India

Court : Supreme Court of India

..... the present crime; (b) however, the petitioner in terms of the offer made by him in his communication dated 12.06.2020, shall extend full cooperation through video conferencing or online mode; and (c) the himachal pradesh police shall be entitled to carry on the investigation including interrogation of the petitioner at his residence after giving him prior notice of 24 hours and complying with the social distancing norms prescribed during covid-19 pandemic. ..... b) any acts within the meaning of section 124-a which have the effect of subverting the government by bringing that government into contempt or hatred, or creating disaffection against it, would be within the penal statute because the feeling of disloyalty to the government established by law or enmity to it imports the idea of tendency to public disorder by the use of actual violence or incitement to violence. ..... the learned additional solicitor general argued that the question of whether a writ of habeas corpus could be maintained in respect of a person who was in police custody pursuant to a remand order passed by the jurisdictional magistrate in connection with the offence under investigation, had already been settled by this court. ..... of the facebook post would indicate that the agony of the appellant was directed against the apathy shown by the chief minister of meghalaya, the director general of police and the dorbar shnong of the area in not taking any action against the culprits who attacked the non-tribals youngsters. .....

Asit Kumar Sen Gupta Vs. State of Chhattisgarh

Court : Chhattisgarh

..... acts within the meaning of s.124a which have the effect of subverting the government by bringing that government into contempt or hatred, or creating disaffection against it, would be within the penal statute because the feeling of disloyalty to the government established by law or enmity to it imports the idea of tendency to public disorder by the use of actual violence or incitement ..... witnesses pw-2 ramesh dewangan, pw-6 santosh paul and pw-7 maksudan paul have admitted in their case diary statements which they have given without any pressure from the police and this court has found corroboration from other witnesses that the appellant used to incite and invite them to join cpi (ml) people's war and cpi (maoist) organizations. ..... relying on the evidence of witnesses who have proved the seizure of articles from the appellant and the police officers, this court finds that there is enough corroboration available on record to hold that the appellant was exciting and encouraging the people to wage war against the government established ..... pradesh{air 1973 sc 2783}, it has been held that the mere fact that the witnesses are the police officers was not enough to discard their evidence as no reason was shown for their hostility to the ..... state (delhi administration) {(2003) 5 scc 291}, it has been held in para-8 that the testimony of police personnel should be treated in the same manner as testimony of any other witness and there is no principle of law that without corroboration by independent .....