Judgment Search Results Home > Cases Phrase: reciprocity act 1943 section 7 repeal of act 3 of 1924 Page 1 of about 17 results (0.044 seconds)

Syed Fahim Arif and anr. Vs. Rahmatunnisa Begum and anr.

Court : Andhra Pradesh

Reported in : 2005(3)ALD545

..... is authorized to administer oath by the laws of the state of new york, usa and further that there is the certificate of the consulate general of india, an office recognized expressly by section 3 of the indian diplomatic and consular officers (oath and fess) act 1948 to administer oath and take affidavit, then the dependability and authenticity of such notarial act are in my judgment sufficiently ensured and cannot be doubted.on this important and practical problem of reciprocity, the court requested mr. ..... once the original document is produced purporting to be a power of attorney so executed and attested as stated in section 85 of the evidence act, the court has to presume that it was so executed and authenticated. ..... i am therefore satisfied that there is reciprocity with mutual recognition of notarial acts between india and the usa.on these authorities and for these reasons i have no doubt in my mind this petition signed by michael michaelson, president and principal officer of the petitioner co. ..... once, this conclusion is reached, there is no reason to limit the meaning of the expression 'notaries public' in section 85 of the indian evidence act to notaries appointed in india only'.likewise in the decision referred in in re. k.k. ..... the learned counsel would comment that in the light of sections 82 and 85 of the indian evidence act, 1872 definitely the procedure followed in england in relation to ex.a-5 cannot be found fault by an indian court. .....

Oldfield Vs. Marriott

Court : US Supreme Court

..... in their vessels the produce of foreign nations from the places of their production upon the same terms that our own vessels may import them, the act exempting coffee from duty when brought in american vessels direct from the place of its growth, or when brought by foreign vessels entitled by reciprocal treaties to be exempt from discriminating duties, tonnage, and other charges, has a plain intention and certain application. ..... the united states did the same by the eleventh section of the act of 30 august, 1842, two years after the ..... july, 1846, congress passed "an act reducing the duty on imports and for other purposes," the third section of which enacted, "that from and after the first day of december next, there shall be levied, collected, and paid on all goods, wares, and merchandise imported from foreign countries, and not specially provided for in this act, a duty of twenty percentum ad ..... the court decided that the word "country" used in the section comprehended the british possessions in india, and that consequently the ..... within the year, prussia, the netherlands, and the hanse towns repealed their discriminating duties upon american vessels in their ports, and their vessels were consequently admitted into the ports of the united states ..... and her cargo was whether an importation into the port of new york by a british vessel from london of a quantity of silks, the production of the british possessions in india, was prohibited by the first section of the act of 1 march, 1817. .....

Jaldhi Overseas Pte Ltd. Vs. Bhushan Power and Steel Limited

Court : Kolkata

..... may not be necessary at this stage to deliberate on this issue as to whether section 85 of the evidence act has to be read with section 14 of the notaries act since in the instant case, although there is no official notification but the reciprocal country has accepted notarial attestation and notarial certificates of notary public of india. ..... it is time that the central government of india issued a notification under section 14 of the notaries act recognising the existing reciprocity of notarial acts between india and u.s.a.in order that there may be no doubt or confusion in respect of the same and that individual cases need not come up to courts for ..... although, there is no specific notification by the central government of any reciprocity with the government of singapore as envisaged in section 14 of the notaries act, 1952, however, the said provision is only directory in nature as qualified by the word ..... of commerce, industry and dealings between different nations and countries, this high court in k.k.roy (supra) accepted the affidavit sworn before the notary public in u.s.a.even in the absence of any notification regarding such reciprocal recognition of the acts done by the foreign notaries in our country in terms of section 14 of the notaries act, 1952. ..... accordingly, the rule of reciprocity as envisaged under section 14 of the notaries act, 1952, duly notarized document, by a notary public in singapore, ought to be accepted by the indian courts as well, in comity with the .....

In Re: K.K. Ray (Private) Ltd. (In the Matter of FranklIn Square Agenc ...

Court : Kolkata

Reported in : [1967]37CompCas737(Cal)

..... the central government of india issued a notification under section 14 of the notaries act recognising the existing reciprocity ofnotarial acts between india and u.s.a ..... be a part of the english practice and procedure or of english courts or courts of england and ireland as mentioned in some of the sections of indian statutes and rules quoted above and especially of section 82 of the evidence act but they would also come under the practice and procedure of this court as chitty j ..... is a section on the reciprocal recognition of the acts done ..... in that case admitted that affidavit and observed that the affidavit would have been sufficient before the passing of the new act (15 and 16 victoria, chapter 86, section 22), and that as there appeared to be nothing in that act to exclude it, it ought in their lordships' opinion to be placed on the file.24. ..... is the certificate of the consulate general of india, an office recognised expressly by section 3 of the indian diplomatic and consular officer (oaths and fees) act, 1948, to administer oath and take affidavit, then the dependability and authenticity of such notarial act are in my judgment sufficiently ensured and cannot be doubted.37 ..... the fourth difficulty which the office felt was section 4 of the indian oaths act, 1873, which, inter alia, provides that the authority to administeroaths and affirmations is vested in (a) all courts and persons having by law or consent of parties authority to receive evidence, (b) the commanding officer of any .....

In Re: K.K. Ray (Private) Ltd.

Court : Kolkata

Reported in : AIR1967Cal636,71CWN430

..... it is time that the central government of india issued a notification under section 14 of the notaries act recognising the existing reciprocity of notarial acts between india and u. s. a. ..... not only would that be a part of the english practice and procedure or of english courts or courts of england and ireland as mentioned in some of the sections of indian statutes and rules quoted above and especially of section 82 of the evidence act but they would also come under the practice and procedure of this court as chitty j. ..... that is a section on the reciprocal recognition of the acts done by foreign notaries. ..... and further that there is the certificate of the consulate general of india, an office recognised expressly by section 3 of the indian diplomatic and consular officers (oath and fees) act 1948 to administer oath and take affidavit, then the dependability and authenticity of such notarial act are in my judgment sufficiently ensured and cannot be doubted.33. ..... i am therefore satisfied that there is reciprocity with mutual recognition of notarial acts between india and the u. s. a.34. ..... the fourth difficulty which the office felt was section 4 of the indian oaths act 1873 which inter alia provides that the authority to administer oaths and affirmations is vested in (a) all courts and persons having by law or consent of parties authority to receive evidence, (b) the commanding officer of any military, naval or .....

Rajasthan State Road Transport Corporation, Jaipur Vs. R.T.A., Bikaner ...

Court : Rajasthan

Reported in : AIR1996Raj11; 1995(2)WLC690; 1995(1)WLN471

..... been held that if there is already an existing inter-state route concerned the two or more states and where there is no reciprocal transport agreement arrived at between the two or more states fixing the respective reciprocity in the matter of providing of the transport services in the concerned respective states then under subsection (1) of section 88 of the act of 1988, the regional transport authority of that state is empowered to grant a permit on such an inter-state route and the ..... permit, in the absence of the reciprocal transport agreement, will be operating in the other state only when the transport authority ..... has committed illegality, has some substance which find support from the fact that the petitioner being an operator on ganganagar-delhi via dabwali, hisar inter-state route under a reciprocal agreement between the state of rajasthan and haryana and is plying bus which is fully overlapped by the impugned permit granted on sangaria to delhi inter-state route. ..... and to allow them to approach the concerned authority for counter-signature and also alleged that the permit of the petitioner has already expired and stood repealed. .....

N.P.A.K. Muthiah Chettiar (Died) and ors. Vs. K.S.Rm. Firm Shwebo, by ...

Court : Chennai

Reported in : (1956)2MLJ239

..... any country or territory situated in any part of his majesty's dominions when the (central government) may from time to time by notification in the (official gazette) declare to be reciprocating territory for the purposes of this section and 'superior courts' with reference to any such territory means such courts as may be specified in the said notification.explanation iii: 'decree' with reference to a supeirior court means any decree or judgment of such court under ..... the second defendant who contested the application objected to the execution of the decree on the ground that the court had no jurisdiction to execute it as section 44-a of the civil procedure code read with the reciprocity agreements has ceased to govern the decree passed by the rangoon high court as india and burma which were once component parts of the erstwhile british empire have now become sovereign independent republics and ..... the procedure in england under the reciprocal arrangements act is for registration of decree whereas in indian courts it is by application of the provisions of section 44-a, civil procedure code with the concomitant attraction of the provisions of the limitation act. ..... india and burma came into force on november 18, 1938, and was repealed by the reciprocal enforcements of judgments (india) order, 1953, which came into force on march 1, 1953. ..... krishnaswami reddiar (1943) 2 m.l.j. ..... krishnaswami reddiar (1943) 2 m.l.j. .....

Royal Carrier and Courier Pvt. Ltd. and Others Vs. The State of Mahara ...

Court : Mumbai Aurangabad

..... (a) there shall be single point motor vehicle tax in the reciprocating state in respect of stage carriages covered by substantive permits or temporary permits issued during the pendency of renewals of substantive permits under section 87(1)(d) of the motor vehicles act, 1988, within the agreed route and countersigned by other state. ..... in the instant matter, the provisions of section 3 of the act of 1958 have been given go bye and different methodology is adopted under the terms of reciprocal agreement arrived at between the state of maharashtra and the state of madhya pradesh which methodology is obviously contrary to the provisions of law as well as opposed to the entry 56 of list ii of seventh schedule of the constitution of ..... (b) goods carriages plying on substantive permits or temporary permits issued during the pendency of renewal of substantive permits under section 87(1)(d) of the motor vehicles act, 1988 within the agreed quota and countersigned by other state, shall be exempted on single point tax basis in other state as under : ( i) if the goods carriage belongs to the state of madhya pradesh, motor vehicles tax of ..... of the load factor as provided in the reciprocal agreement between the state of maharashtra and the state of madhya pradesh is in contravention of the provisions of section 3 of the act of 1958. ..... the reciprocal agreement is entered into between the state of maharashtra and the state of madhya pradesh as provided under section 88(5) of the motor vehicles act, .....

Sri K. Thirunavukkavasu Chetty and anr. Vs. the Secretary, State Trans ...

Court : Andhra Pradesh

Reported in : 1992(1)ALT445

..... sides admitted that there is no judicial precedent laying down the proposition that where variation is granted by the reciprocating state in respect of an inter-state route covered by an inter state agreement, on the ground that an approved scheme exempts an existing operator on an inter-state route and thereby excludes the operation of section 68-ff of the 1939 act which forbids a transport authority from granting permits save in accordance with the provisions of the scheme, no ..... view that the area between arambakkam and sullurpet is not covered by the inter-state agreement and, therefore, the provisions of section 68-ff of the motor vehicles act, 1939 are attracted as a result of which the petitioner was not entitled to the permit in respect of variation sought; the provisions of section 68-ff of the act forbid grant of a new permit when a scheme had been published save in cases where the provisions of the scheme itself ..... 2-6-75 and in the notification issued under section 9(1) of andhra pradesh motor vehicles taxation act, 1963, the vehicles operating in pursuance of a reciprocal agreement entered between the two states are only exempt from payment of tax to reciprocating state. ..... motor vehicles taxation act, 1963 by section 9 confers power on the government to grant exemptions by ..... the view that an application for variation of a route must necessarily be treated as an application for grant of a new permit by virtue of the provisions of sub-section (8) of section 57 of the act. .....

N.P.A.K. Muthiah Chettiar (Died) and ors. Vs. K.S. Rm. Firm Shwebo, Bu ...

Court : Chennai

Reported in : AIR1957Mad25; (1955)2MLJ608

..... an order applying that act to british india and burma came into force on 18-11-1938 and was repealed by the reciprocal enforcements of judgments (india) order, 1953, which came into force on ..... 286/36, judicial, dated 27-3-1939, decelerating british burma to be a reciprocating territory for the purpose of the said section shall be cancelled and shall be deemed to have been cancelled with effect from ..... after the passing of the foreign judgments (reciprocal enforcement) act, 1933, that a similar provision was enacted in the civil procedure code by which section 44-a was introduced. ..... remain as before.explanation 1: 'reciprocating territory' means any country or territory outside india which the central government may by notification in the official gazette, declare to be a reciprocating territory for the purposes of this section; and 'superior courts' with reference to any such territory, means such courts as may be specified in the ..... ' after the declaration of independence the following amendments were made:'(a) in sub-section (1) the words 'the united kingdom or' shall be omitted; (b) for explanations 1 to 3 inclusive, the following explanations shall be substituted, namely: explanation 1,: 'reciprocating territory' means any country or territory outside india which the central government may, by notification in the official gazette, declare to be a reciprocating territory for the purpose of this section; and 'superior courts' with reference to any such territory means such courts .....