Judgment Search Results Home > Cases Phrase: punjab laws act 1872 section 4 enactments repealed Court: kolkata Page 1 of about 274 results (0.173 seconds)

Deputy Legal Remembrancer Vs. Ahmad Ali

Court : Kolkata

Reported in : (1898)ILR25Cal333

..... provisions of the first paragraph of section 3 of the criminal procedure code, which runs as follows: 'in every enactment passed before this code comes into force, in which reference is made to, or to any chapter or section of, the code of criminal procedure act xxv of 1861, or act x of 1872, or to any other enactments hereby repealed, such reference shall, so far as may he practicable, be taken to be made to this code or to its corresponding chapter or section. ..... we therefore set aside the sentence passed on the accused as being contrary to law; and having regard to all the circumstances of the case we sentence the accused under section 457 of the penal code to rigorous imprisonment for six months, the sentence taking effect from the ..... nor does section 3 of act viii of 1897 really raise, as it might at first sight seem to do, any inference that section 399 of the code of criminal procedure is in force throughout british india, and is repealed in any province only from the date of the notification mentioned in the section, such notification having reference, as section 1, sub-section 3 shews, only to the punjab and coorg, and not to ..... the repeal of act v of 1876 does not revive section 399 of the criminal procedure code in places in which it had been repealed by the first mentioned act, regard being had to the provisions of section 7 of the general clauses act (x of 1897), which, in fact, embodies the rule of english law applicable to the subject (see maxwell on the interpretation .....

Sukdeo Sahi and ors. Vs. Kapil Deo Sing and ors.

Court : Kolkata

Reported in : AIR1960Cal597

..... cited decision makes it clear that in the punjab the basis of application of customary law is section 5 of the punjab laws act of 1872, under which in questions relating to succession or adoption or any religious usage, the rule of decision shall be the custom applicable to the parties concerned, in so far as it is not contrary to justice, equity and good conscience, and the hindu law in cases where the parties are hindus except in so far as such law is opposed to the provisions of the act or has been modified by such custom as is referred ..... their lordships referred to section 5 of punjab laws act, 1872, by which the validity of an adoption in the punjab depends on the custom applicable to the parties. ..... mukherjee has urged on the other hand that biru maharaj was a punjabi brahmin and that the law in the punjab is different, and there the hindu law as laid down in the mitakshara has been modified by custom, and the law there permits the taking in adoption of a boy whose sacred thread ceremony has already been performed. ..... air 1946 lah 350 relates to brahmins and it was not a- case where the custom of a particular district was applied; it was held that the law in the punjab was the same as that in bombay, and that adoption might be made even after the sacred thread ceremony of a boy. ..... further, in view of the state of law as discussed before, we must hold that the adoption could not be taken as valid, for the punjab law could only be applied if both parties i.e. .....

R.S. Bhagat and Bros. Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (1984)9ITD750(Kol.)

..... in the case of continental commercial corpn, (supra) it was held on the facts of that case that section 274(2) relates to the jurisdiction of the ito and the amendment to that section by the taxation laws (amendment) act, 1970, enlarged the jurisdiction of the ito with effect from 1-4-1971 and as it dealt with the jurisdiction of an officer, the amendment ..... in that case that for the assessment year 1970-71, the return was filed on 22-12-1970 and, therefore, the law as in force on that date, would be applicable and section 274(2) as it stood prior to the amendment on 1-4-1971, was the relevant provision that was to be applied ..... , if the ito is satisfied that there was concealment or furnishing of inaccurate particulars and the iac would simply take over when the case was referred to him by the ito as required under section 274(2) and, therefore, there was no wrong committed by the authorities below in the instant case. ..... the hon'ble high court that if during the time when the matter of penalty had been referred to and was pending before the iac, the law was changed, that would not mean that the jurisdiction of the iac has been taken away. ..... by this notice issued by the ito, the assessee was informed that proceedings under section 271(1)(c) have been initiated, otherwise the assessee would not have known of the proceedings as the ito recorded his satisfaction ..... same view was taken by the hon'ble punjab and haryana high court in the case of ..... the hon'ble punjab and haryana high court in .....

Tarun Kumar Ghose and Ors. Vs. The Credit Union Cooperative Enterprise ...

Court : Kolkata

..... tenant or any person residing in the premises let to the tenant has been guilty of conduct which is a nuisance or annoyance to neighbours including the landlord; (f) subject to the provisions of the sub-section (3a) and section 18a, where the premises are reasonably required by the landlord for purposes of building or re-building or for making thereto substantial additions or alterations, and such building or re-building, or additions or alterations, ..... cannot be carried out without the premises being vacated; (ff) subject to the provisions of sub-section (3a).where the premises are reasonably required by the landlord for his own occupation if he is the owner or for the occupation of any person for whose benefit the premises are held and the landlord ..... advocate appearing for the decree holder, refuting the contentions of the applicant both on facts and on law, vehemently submits that c.s771of 1981 was instituted against the judgment debtor on expiration of lease by efflux of time which is one of the grounds on which the lease determines under section 111 of the transfer of property act. ..... act, 1956 does not stand pari materia with the definition of a tenant under the east punjab rent restriction act ..... the full bench of the punjab and haryana high court ..... the ground of sub-letting without the written consent of the landlord under east punjab rent restriction act, 1949. .....

Apurba Mohan Ghosh Vs. Manashi Ghosh

Court : Kolkata

Reported in : AIR1989Cal115,93CWN79,I(1990)DMC145

..... . we are afraid, and this we say with respect, that the attention of the learned judges were not duly drawn to the provisions of, section 23(1)(a) and (e), whereunder decrees under the act are to be passed only on the satisfaction of the court as to the existence of any of the statutory grounds, 'but not otherwise' and that in view of the ratio of the decisions of the supreme court in ..... accordingly have to ascertain as to whether the 'agreement or compromise' in question is lawful and whether there is anything in the hindu marriage act, express or implied, to outweigh the operation of rule 3 of order 23 of ..... nai bahu : [1978]1scr723 (supra) and the earlier decisions since 1970 referred to and relied on therein, and more particularly, the observations of the supreme court in the context of the divorce act, 1869 in reynold rajamani : [1983]1scr32 (supra), extracted hereinbefore, this view of the punjab and haryana high court is no longer ..... punjab and haryana view that consent decrees may be 'illega' but not 'nullities', no court should lend its imprimatur to a decree even on compromise which, even though not a nullity, is nevertheless illegal it would be trite to say, as is evident from the provision of order 23, rule 3 of the code of civil procedure, that a court can record a compromise and pass a decree in accordance therewith only when such a compromise is lawful ..... observations in the majority judgments in the full bench decision of the punjab and haryana high court in joginder singh v .....

Bhagwanji Bhawanbhai and Co. Vs. Commissioner of Income-tax

Court : Kolkata

Reported in : (1982)28CTR(Cal)375,[1983]141ITR640(Cal)

..... on appeal, the supreme court held that the high court having issued a rule nisi ought not to have dismissed the application under section 66(2) without a speaking order, but as the case had been argued on the merits it was not proper to remit the matter to the high court only on that ground. ..... on our query the learned counsel for the assessee admits that the sum disclosed in the petition under section 271(4a) to the commissioner of income-tax was later brought in the assessee's accounts as its own capital. ..... the accountant member as well as the vice president did take into consideration the explanation to section 271(1)(c) and held that the assessee had displaced the presumption that it was guilty of any fraud or gross or wilful neglect. ..... accordingly, the assessee-firm would be liable to penalty as provided by section 271(1) of tlae income-tax act, 1961, for the default mentioned in section 28(1) of the indian income-tax act, 1922, as its case fell within the terms of section 279(2)(g) of the income-tax act, 1961. ..... act, 1961, it was held by the punjab and haryana high court that the nature of the question suggested by the commissioner showed that the petitioner did not seek to challenge the finding of fact arrived at by the accountant member and the vice president on the ground that it was vitiated as wrong principles of law had been applied for arriving at it. ..... relevant assessment was completed under section 144 of the income-tax act, 1961, on 21st march, 1970. .....

Sm. Mukul Dutta Gupta and ors. Vs. Indian Airlines Corporation

Court : Kolkata

Reported in : AIR1962Cal311

..... be carried at the passenger's own risk and (b) the carrier not being common carrier, shall not accept the obligation or liability of a common carrier and (c) shall be exempt from any liability under the law whether to the passenger or to his dependants next of kin and other legal representatives in case of death, injury or loss and/or detention of the property or baggage of the passenger from any cause whatsoever ..... the third preamble of the act is in the following terms :--'whereas it is also expedient to make provisions for applying the rules contained in the convention (subject to exceptions, adaptations and modifications) to carriage by air which is not international carriage within the meaning of the convention; it is hereby enacted as follows:'then section 4 empowers the central government by a notification in the official gazette, to apply the rules contained ..... principles of section 55(2) of the transfer of property act have been applied in punjab by the punjab high court ..... carrier is governed by the english common law as administered in india, the contract act, 1872, has no application. ..... of sections 58(4) and 67 of the transfer of property act have been applied by a division bench of the punjab high ..... of property act regarding mortgage have been applied in punjab in the ..... different provisions of the transfer of property act have been applied in the punjab as rules of justice, equity and ..... act, 1882 extended not to the whole of india, but left out certain states including the punjab .....

Commissioner of Income-tax Vs. General Assurance Society Ltd. (Now Nat ...

Court : Kolkata

Reported in : [1993]201ITR668(Cal)

..... jagannath prasad nanhoo prasad : [1987]168itr52(all) , held that after the deletion of sub-section (2) of section 274 by the taxation laws (amendment) act, 1975, with effect from april 1, 1976, it is not necessary for the income-tax officer to refer the case of imposition of penalty to the inspecting assistant commissioner where the concealment of income exceeded a ..... its earlier decision held that where the income-tax officer made a reference to the inspecting assistant commissioner for imposition of penalty under section 271(1)(c) of theincome-tax act, 1961, in accordance with the provisions of section 274(2) of the act, as it stood prior to april 1, 1976, when that provision was deleted by the taxation laws (amendment) act, 1975, the reference will not be invalid by the subsequent amendment deleting section 274(2) from april 1, 1976.8. ..... we agree with the views expressed by the full bench of the punjab and haryana high court in mohinder lal's case to the effect that an authority once seized of a matter lawfully would have jurisdiction to deal with it and its jurisdiction cannot be divested by a later amendment of law taking away its jurisdiction unless the amendment expressly or impliedly takes away that right ..... there the punjab and haryana high court held that the judicial authority, once seized of the matter, cannot be divested of the same by later amendment of the law taking ..... has been taken by the punjab and madhya pradesh high ..... full bench of the punjab and haryana high court .....

M/S. New Hindusthan Mercantile Co. Vs. Uco Bank

Court : Kolkata

..... , learned senior advocate appearing for the petitioner, has submitted that according to section 1 of the west bengal premises tenancy act, 1956, the premises in case has been excluded from the operation of the west bengal premises tenancy act, 1956 and so, the provisions of public premises (eviction of unauthorised occupants) act, 1971 will be applicable and the object of such act, is to provide for eviction of unauthorised occupants from the concerned premises and ..... in order to decide whether the petitioner is an unauthorized occupant, the definition of unauthorised occupation as provided in section 2(g) of the said act is very much relevant and for the purpose of adjudication of the matter in dispute the said definition is quoted below:- section 2(g) unauthorised occupation, in relation to any public premises, means the occupation by any person of the public premises without authority for such occupation, and includes the continuance in occupation by any person of ..... petitioner herein was a tenant under the previous landlord unless the notice of the termination of the tenancy under section 106 of the transfer of property act is issued or the termination of the tenancy under section 111(h) of the transfer of property act occurs, the tenancy continues and so, unless the tenancy is terminated by the respondent-bank, the appellant / petitioner shall continue as tenant and so, the proceeding under section 5 of the act of 1971 is invalid, cannot be accepted. ..... punjab ..... punjab .....

Nrisinha Kumar Sinha Vs. the Returning Officer, for the Constituency o ...

Court : Kolkata

Reported in : AIR1953Cal98,56CWN113

..... that inasmuch as in the case of a wrongful or improper rejection of nomination papers of candidates, the election of the returned candidate is liable to be set aside by the election tribunal, it is eminently desirable that the provisions of the representation of the people act, 1951, be suitably amended so as to provide for the final decision of the questions relating to rejection of nomination papers before the polling begins, for otherwise the returned candidate will be deprived of the fruits of his success, after ..... basu that section 170 of the representation of the people act, 1951, is ultra vires inasmuch as under atricle 327 parliament has powers to make laws relating co election matters only 'subject to the provisions of the constitution', and if section 170 has purported to affect the jurisdiction of the high court under atricle 226, the section must be declared as ultra vires to that extent. ..... now it appears that the indian parliament, pursuant to the power vested in it to make laws with regard to the election matters, has enacted the representation of the people act, 1950 and the representation of the people act, 1951.13. ..... the learned judges were in that case interpreting the term 'election' as used in the punjab municipal act. .....