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Judgment Search Results Home > Cases Phrase: sarais act 1867 Page 2 of about 369,287 results (0.171 seconds)

Oct 09 2013 (HC)

Delhi High Court Bar Association and anr. Vs. Govt. of Nct of Delhi an ...

Court : Delhi

..... to the introduction while proposing the amendment to the court fees act, 1867, as well as the statement of objects and reasons for the court fees act, 1870 (amendment to the 1867 act), it is submitted that the object of the 1870 amendment was to reduce the court fees so that it will not act as a deterrent for a person who seeks ..... fundamental rights of the citizens affected thereby and the larger public interest sought to be ensured in the light of the object sought to be achieved, the necessity to restrict the citizen's freedom, the inherent pernicious nature of the act prohibited or its capacity or tendency to be harmful to the general public, the possibility of achieving the object by imposing a less drastic restraint, and in the absence of exceptional situations such as the prevalence of ..... sor makes clear that the higher fees imposed by the preceding court fees act, 1867, were tentative, and that time had shown that these ..... every state of fact which can be conceived existing at the time of legislation in the present case, it is impossible to ignore the deleterious effect on litigation of the court fee enhancement by the act of 1867 necessitating its reduction by the act of ..... civil jurisdiction of the high courts of judicature at fort william, madras and bombay, and in proceedings on the appellate side of such high courts, were, as fixed by act xxvi of 1867, to a great extent tentative ..... act was also followed by subsequent legislation covering all of british india, including act xxvi of 1867 .....

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Apr 14 1955 (HC)

The State Vs. Udit Narain

Court : Allahabad

Reported in : AIR1955All524; 1955CriLJ1308

..... 'in view of the extracts quoted above, there can be no doubt that the primary intention in passing act 25 of 1867 was to preserve copies of every book or paper which had a literary, historical or cultural value. ..... sadar, district pratapgarh, under section 12, press and registration of books act, 1867, and was sentenced to a fine of rs. ..... 'with deep respect for the judges who gave this decision, we think that the word 'paper' in section 9 of the act is not synonymous with the word 'newspaper', because the act has used the word 'newspaper' distinctly in several sections of the enactment and bas even defined it. ..... unfortunately the word 'paper' has not been defined in the press and registration of books act (act 25 of 1867). ..... and the civil and sessions judge of pratapgarh allowed his appeal on the ground that the notice printed by the opposite party cannot be held to be a 'paper' within the meaning of section 3, press and registration of books act 1867. ..... 'it is, therefore, clear from this short note and the preamble that the primary concern of the legislature in passing this act was to enact a measure which would help in the preservation of the copies of books. ..... 'the short note before the preamble at the beginning of the act reads as follows :'an act for the regulation of printing presses and newspapers, 'for the preservation of copies of books printed in british india'; and for the registration of such books. .....

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May 10 1963 (SC)

In Re: the Bill to Amend S. 20 of the Sea Customs Act, 1878 and S. 3 o ...

Court : Supreme Court of India

Reported in : [1964]3SCR787

..... the customs tariff or any other law relating tothe customs, as well as the rates and duties of customs heretofore imposed byany customs act or customs tariff or any law relating to the customs enactedand in force at any time since the first day of july 1867, shall be binding,and are declared and shall be deemed to have been always binding upon andpayable by his majesty, in respect of any goods, which may be hereafter or havebeen heretofore imported by or ..... . 91 of the british north america act, 1867 occurs theexpression 'notwithstanding anything in this act', because thatexpression may be said to relate to the enumeration of subjects rather than ..... . 125 of the british north america act, 1867, provides : no lands or propertybelonging to canada or any province shall be liable to taxation.' ..... . insections 91 to 95 of the british north america act, 1867 the main lines of thisdivision in canada were set ..... . s.125 of the british north america act 1867 ran : no lands or propertybelonging to canada ..... ., afterreferring to the canadian constitution as embodied in the british north americaact, 1867, and the australian constitution as embodied in the commonwealth ofaustralia constitution act, 1900, observed that unlike those constitutions thegovernment of india act, 1935, did not make any distiction between direct andindirect taxation and in the matter of legislative competence the ultimateincidence of the tax was not necessarily a crucial test and there was nojustification for .....

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Aug 30 1993 (HC)

Lamba Brothers Pvt. Ltd. Vs. Lamba Brothers

Court : Delhi

Reported in : AIR1993Delhi347; 1993(2)ARBLR509(Delhi); 1994(28)DRJ168

..... i think that in view of the copyright act and in view of the press and registration of books act, 1867 and in view of article iii of copyright convention revised at paris in 1971, in my view, it is essential that for copyright to exist, there must be compliance with the requirements of the statute and claim to copyright made upon the copyrightable ..... 18(14) of the press and registration of books act, 1867, clearly states that particulars of all books printed in india have to be filled in the 'catalogue of books'. ..... the question in this case is: does the catalogue/ brochure of the plaintiff protected by the copyright act, 1957.9. ..... the catalogue/brochure is, thereforee, a combination of different types of copyrightable subject matter, which is afforded protection under the copyright act, 1957. ..... 18 of pressand registration of books act.14. ..... i have brought to the counsel's attention to the provisions of press & registration act s. .....

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Dec 02 1915 (PC)

V. Ramasamy Aiyar Vs. the Madras Times Printting and Publishing Co. Lt ...

Court : Chennai

Reported in : (1916)30MLJ207

..... . the learned judges however ruled that an application for 'new trial' under the mofussil small cause court's act xi of 1865 was 'point in the proceedings previous to the hearing of a suit within section 1 of act x of 1867' and that the opinion of the high court on the question of law arising on the hearing of such an application can be properly applied for by a reference to ..... judgment on this expression 'new trial,' treats the finding of fact by a small cause court judge as if it was the verdict of a jury and then concludes by stating that on an application under section 38 (section 37 of act 15 of 1882 before its amendment in 1895) the small cause court cannot interfere with the finding of fact of the trial judge unless the finding was such as no reasonable jury ought to have come to. ..... case it was contended that the mofussil small cause court judge had no power under section 22 of act xi of 1865 or section 1 of act x of 1867 (which supplemented act xi of 1865) to make a reference as the question of law did not arise 'in the trial of the suit' (section 22 of act xi of 1865) or 'at any point in the proceedings previous to the hearing of the suit' (section 1 act x of 1867) ..... is any difference, it is one which makes sir barnes peacock's opinion still more favourable to the applicant under section 38 of the presidency small cause court's act as the restriction 'in respect of a point previous to the hearing of the suit' does not appear in that section as it does in section 1 of act x of 1867 .....

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Dec 02 1915 (PC)

V. Ramasamy Aiyar Vs. the Madras Times Printing and Publishing Co., Lt ...

Court : Chennai

Reported in : 33Ind.Cas.929

..... the learned judges, however, ruled that an application for a 'new trial' under the mofussil small cause courts act (xi of 1865) was a 'point in the proceedings previous to the hearing of a suit within section 1 of act x of 1867' and that the opinion of the high court on the question of law arising on the hearing of such an application can be properly applied for by a ..... his judgment on this expression 'new trial,' treats the finding of fact by a small cause court judge as if it was the verdict of a jury and then concludes by stating that on an application under section 38 (section 37 of act xv of 1882 before its amendment in 1895) the small cause court cannot interfere with the finding of fact of the trial judge unless the finding was such as no reasonable jury ought to have come to. ..... was contended that the mofussil small cause court judge had no power under section 22 of act xi of 1865 or section 1 of act x of 1867 (which supplemented act xi of 1865) to make a reference, as the question of law did not arise 'in the trial of the suit' (section 22 of act xi of 1865) or 'at any point in the proceedings previous to the hearing of the suit' (section 1, act x of 1867). ..... difference, it is one which makes sir barnes peacock's opinion still more favourable to the applicant under section 38 of the presidency small cause courts act; as the restriction 'in respect of a point previous to the hearing of the suit' does not appear in that section as it does in section 1 of act x of 1867. .....

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Feb 04 2011 (HC)

State of U.P. Vs. Resident Editor, Times of India 16, Rana Pratap Marg ...

Court : Allahabad

..... the said news item was selected by sri saurabh banerjee editor, who was responsible for selection of news under press and registration of books act, 1867 in the said newspaper. ..... it is for this purpose that the courts are entrusted with extraordinary powers of punishing for contempt of court, those who indulge in acts, which tend to undermine the authority of law and bring it in disrepute and disrespect by scandalizing it." 33. ..... ajay kumar pandey [(1996) 6 scc 510], it has been held by hon'ble supreme court that in order a judge may fearlessly and independently act in the discharge of their judicial functions, it is necessary that he should have full liberty to act within the sphere of their activity. ..... when the foundation itself is shaken by acts which tend to create disaffection and disrespect for the authority of the court by creating distrust in its working, the edifice of the judicial system gets eroded. .....

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Oct 22 2008 (FN)

R (on the Application of Bancoult) (Respondent) Vs. Secretary of State ...

Court : House of Lords

..... v the queen (1883) 9 app cas 117, speaking for the judicial committee, stated that the legislature of ontario enjoyed by virtue of the british north america act 1867 (imp): authority as plenary and as ample within the limits prescribed by section 92 as the imperial parliament in the plenitude of its power possessed and could ..... left open also a possibility that the power conferred in that case by the british north america act 1867 on the dominion parliament might implicitly be limited to the enactment of legislation conforming with international law ..... but her majesty exercises her powers of prerogative legislation for a non-self-governing colony on the advice of her ministers in the united kingdom and will act in the interests of her undivided realm, including both the united kingdom and the colony: see halsburys laws of england (4th ed 2003 reissue) vol 6, para 716: ..... within her majestys dominions form one realm having one undivided crownto the extent that a dependency has responsible government, the crowns representative in the dependency acts on the advice of local ministers responsible to the local legislature, but in respect of any dependency of the united kingdom (that is, of any british overseas territory ..... british indian ocean territories order 1965 si no 1920 (the biot order) which, under powers contained in the colonial boundaries act 1895, detached the chagos archipelago (and some other islands) from the colony of mauritius and constituted them a separate colony known .....

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Oct 26 1994 (HC)

Prabhu Chawla and Others Vs. A.U. Sheriff

Court : Karnataka

Reported in : 1996(1)ALT(Cri)42; 1995CriLJ1922; ILR1995KAR39; 1995(4)KarLJ131

..... the petitioners submitted that the allegations in the complaint taken at their face value do not prima facie constitute the offence alleged; (2) that under section 1(1) of the press and registration of books act, 1867 (hereinafter called 'the act' for short) only 'editor' has been defined and under section 7 of the act the presumption arises only against the editor, printer or publisher. ..... petitioners 1 to 3 who are described as the executive editor, managing editor and resident editor respectively do not come within the definition of section 1(1) of the act and there are no special averments made against them in the petition and therefore issuing of process against them needs to be quashed; (3) the learned magistrate has not applied is mind to the facts of the ..... absence of positive averments against the petitioners 1 to 3 who are described as 'executive editor', 'managing editor' and 'resident editor' and in the absence of presumption available under section 7 of the act against them, the learned magistrate could not have ordered process for the alleged offence under section 500 ipc. ..... the press and registration of books act, 1867 ('the act'). ..... an express legal bar engrafted in any of the provisions of the code or the concerned act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the code or the concerned act, providing efficacious redress for the grievance of the aggrieved party. 7. .....

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Nov 22 2002 (HC)

G. Krishna, Editor and Publisher of neti Prapancham and Yuva Sanchalan ...

Court : Andhra Pradesh

Reported in : AIR2003AP121; 2003(1)ALD256

..... any professional misconduct, the council may, after giving the newspaper or the news agency, the editor or journalist concerned an opportunity of being heard, hold an inquiry in such manner as may be provided by regulations made under this act and, if it is satisfied that it is necessary so to do, it may, for reasons to be recorded in writing, warn, admonish or censure the newspaper, the news agency, the editor or the journalist or disapprove the conduct of the editor or the journalist, as ..... support of his contention, the learned counsel has relied upon sections 5, 8, 8-a and 8-b of the press registration and books act 25 of 1867 which mandates that every publisher has to file a declaration according to the said enactment. ..... case the respondents feel that there is pornographic literature or any other material which is against the pubic, they can avail the remedies under the press and registration of books act, 1867 and press council act, 1978, which envisages the remedies for making a compliant.7. ..... magazine of neti prapancham was registered under the press and registration of books act, 1867 with registration no. ..... counsel forthe petitioner has also argued that if the respondents have been aggrieved by the sale of books, the remedies open to them are under the press council of india act and also to bring to the notice of the other authorities. ..... as per section 4 of the young persons (harmful publications) act, 1956, the government has the power to declare harmful publications to .....

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