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Judgment Search Results Home > Cases Phrase: sarais act 1867 Page 3 of about 369,287 results (0.177 seconds)

Apr 24 2012 (HC)

M/S.Tata Sky Ltd. Rep. Through Its M.D. and Ceo, S Vs. State of Orissa ...

Court : Orissa

..... a broadcasting agency or organization, having its head office situated in any places outside india, includes service provided by its branch office or subsidiary or representative 15 in india or any agent appointed in india or by any person who acts on its behalf in any manner, engaged in the activity of selling of time slots for broadcasting of any programme or obtaining sponsorships for programme or collecting the broadcasting charges or permitting the rights to receive any form of communication ..... in sub-sections (2) and (3) where any proprietor of a direct-to-home (dth) broadcasting service is providing entertainment immediately before the commencement of the orissa entertainment tax (amendment) act, 2010 he may continue to provide entertainment,(a) for a period of three months from the date of commencement of said amendment act, or (b) till the permission under sub-section (2) is granted by the commissioner, if an application to that effect is made in the prescribed manner within the period specified ..... . the general scheme of the british north america act, 1867 with regard to the distribution of legislative powers, and the general scope and effect of sections 91 and 92, and their relations to each other were fully considered and commented upon in ..... . british north america act, 1867 observes that one of the most interesting and important principles which have been evolved by judicial decisions in connection with the distribution of legislative power is that subjects which in .....

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Jul 16 1917 (PC)

Huson and Robinson, the Secretaries for the Thodapuzha Rubber Company, ...

Court : Chennai

Reported in : AIR1918Mad680; 42Ind.Cas.674; (1917)33MLJ474

..... there is admittedly no case in the books upon section 25 of the english companies act 1867 or the more recent sections, which precisely covers this point. ..... appellant company of a fully paid up share to a debenture-holder in exchange for his debenture pursuant to a condition in the debenture is an allotment of a share 'as fully paid up otherwise than in cash' within the meaning of section 104(1)(b) of the indian companies act, 1913. ..... ' i agree entirely with the learned judge in holding that the share allotted in these circumstances was allotted as fully paid up otherwise than in cash and therefore came within the provisions of section 104(1)(b) of the act.2. .....

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Jul 16 1917 (PC)

The Thodapuzha Rubber Company Limited Vs. the Registrar and Assistant ...

Court : Chennai

Reported in : (1918)ILR41Mad307

..... there is admittedly no case in the books upon section 25 of the english companies act, 1867, or the more recent sections, which precisely covers this point. ..... appellant company of a fully-paid-up share to a debenture-holder in exchange for his debenture pursuant to a condition in the debenture is an allotment of a share as fully paid up otherwise than in cash within the meaning of section 104(1)(b) of the indian companies act, 1913. ..... i agree entirely with the learned judge in holding that the share allotted in these circumstances was allotted as fully paid up otherwise than in cash and therefore came within the provisions of section 104(1)(b) of the act.3. .....

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Jul 25 1972 (HC)

State of West Bengal and anr. Vs. Tarun Kumar Sen Gupta and anr.

Court : Kolkata

Reported in : AIR1974Cal39

..... the queen, (1883) 9 ac 117, where it emphasised the proposition under the british north america act, 1867, that subjects which in one aspect and for one purpose fall within section 92 of the british north america act, 1867, may in another aspect and for another purpose fall within section 91 and specially relied on the observation of sir barnes peacock at page 131 of ..... may by public notification empower either the federal legislature or a provincial legislature to enact a law with respect to any matter not enumerated in any of the lists in the seventh schedule to this act, including a law imposing a tax not mentioned in any such list, and the executive authority of the federation or of the province, as the case may be, shall extend to the administration of ..... enactment as a whole, to its object and scope and the effect of the provisions, and further that if on such examination, it was found that the act was in, substance one on a matter assigned to the legislature, it must be held to be valid in its entirety even though it might incidentally trench on matters which were beyond its competence. ..... the report where his lordship said:'as such they cannot be said to interfere with the general regulation of trade and commerce which belongs to the dominion parliament, and do not conflict with the provisions of the canada temperance act .....

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May 06 1983 (SC)

Hoechst Pharmaceuticals Ltd. and ors. Vs. State of Bihar and ors.

Court : Supreme Court of India

Reported in : AIR1983SC1019; [1985]154ITR64(SC); 1983(1)SCALE723; (1983)4SCC45; [1983]3SCR130; [1984]55STC1(SC)

..... reiterated that the principles laid down by the privy council in a long line of decisions in the interpretation of sections 91 and 92 of the british north america act, 1867 must be accepted as a guide for the interpretation of section 100 of the government of india act, 1935 :it must inevitably happen from time to time that legislation, though purporting to deal with a subject in one list, touches also on a subject in ..... words of article 246(3) of the constitution 'subject to clauses (1) and (2)' and the non-obstante clause in article 246(1) 'notwithstanding anything in clauses (2) and (3)', sub-section (3) of section 5 of the act which provides that no dealer shall be entitled to collect the amount of surcharge must be struck down as ultra vires the state legislature inasmuch as it is in consistent with paragraph 21 of the drugs (price control ..... the order, unless the context otherwise requires,-(a) 'bulk drug' means any substance including pharmaceutical, chemical, biological or plant product or medicinal gas conforming to pharmacopoeal or other standards accepted under the drugs and cosmetics act, 1940, which is used as such or as an ingredient in any formulations; (f) 'formulations' means a medicine processed out of, or containing one or more bulk drug or drugs, with or without the ..... the general scheme of the british north america act, 1867 with regard to the distribution of legislative powers, and the general scope and effect of sections 91 and 92, and their relations to each .....

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Nov 24 1988 (HC)

M. Somashekar and ors. Vs. S.A. Subbaraju

Court : Karnataka

Reported in : ILR1989KAR738; 1989(3)KarLJ195

..... muthukoya : [1979]1scr664 in support of his submission that the presumption under section 7 of the press and registration of books act, 1867 as modified and amended up to the 1st march, 1982 (for short the 'the act') is available to the complainant as exhibit p1 containing the defamatory article exhibit p1(a) is produced from proper custody and it is marked in evidence and the presumption flowing out of section 7 is not rebutted by the accused. ..... documents :- the court shall presume the genuineness of every document purporting to be the london gazette, or any official gazette, or the government gazette of any colony, dependency or possession of the british crown, or to be a newspaper or journal, or to be a copy of a private act of parliament of the united kingdom printed by the queen's printer, and of every document purporting to be a document directed by any law to be kept by any person, if such document is kept substantially in the form required by law and is produced from ..... ) ilr 36 mad 457 : (1911-12 cri lj 585) in which it is observed that merely exhibiting a copy of a private newspaper containing a libellous statement without any sort of proof such as the production of an authenticated copy of a declaration under section 7 of the act is no proof of publication of the libel by the person by whom the paper purports to have been published and evidence that a certain copy of the paper 'appears to be printed and published by a' is no proof of publication, by him. .....

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Apr 11 1957 (HC)

Azizun Nisa and ors. Vs. Asst. Custodian and ors.

Court : Allahabad

Reported in : AIR1957All561

..... first case helpsthe contention advanced by shri dhawan; if he relied upon the observation at page 588--'and they adhere to the view which has always been taken by this committee, that the federation act exhausts the whole range of legislative power, and that whatever is not thereby given to the provincial legislatures rests with the parliament'--it has no application in the case before us because the residuary power ..... 'any property which or any property in which an interest, has been declared to be evacuee property or has vested in the custodian under the administration of evacuee property act, 1950 (xxxi of 1950), and in which the interest of the evacuee consists of an undivided share in the property held by him as a co-sharer or partner of any other person, not being an evacuee' or the evacuee interest is subject to a ..... there is noforce in the contention advanced on behalf of theopposite-parties that the defect in the notice didnot, affect the operation of the act, the argumentbeing that the property had already vested in thecustodian under the ordinance and that the noticehad been issued only by way of abundant caution.we have found that ..... 31-b regarding custody, management and disposal of evacuee property was added in list iii of the government of india act with the consequence that with effect from that date, the central and the provincial legislatures both became competent to enact laws ..... (1912) ac 571 (d), both being cases governed by the british north america act, 1867. .....

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Feb 20 1991 (HC)

P. Mukundan and ors. Vs. Mohan Kandy Pavithran

Court : Kerala

Reported in : (1992)IILLJ160Ker

..... (1) no suit or other legal proceeding shall be maintainable in any civil court against any registered trade union or any office-bearer or member thereof in respect of any act done in contemplation or furtherance of a trade dispute to which a member of the trade union is a party on the ground only that such act induces some other person to break a contract of employment or that it is in interference with the trade, business or employment of some other person or with the right of some other ..... master and servant act, 1867, was hailed ..... trade union shall not be liable in any suit or other legal proceeding in any civil court in respect of any tortious act done in contemplation or furtherance of a trade dispute by an agent of the trade union if it is proved that such person acted without the knowledge of, or contrary to express instructions given by, the executive of the trade union.' 19. ..... legislative history on trade unionism starting with the trade disputes act, 1906, has been sketched by lord denning in hadmor ..... are: (1) no liability exists in truth and fact, in the light of the facts which had come to the notice of the court; (2) in any event an immunity from liability as provided under section 18 of the trade unions act, 1926, would insulate them against the present claim. ..... one or the other of the defendants with a liability known to law, there must be satisfactory and sufficient evidence which would establish individual acts resulting in the damages sustained by the plaintiff. .....

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Oct 19 1973 (HC)

R.R. Diwakar and ors. Vs. V.B. Guttal

Court : Karnataka

Reported in : 1975CriLJ90

..... c, his argument is that an enquiry is pending before the additional district magistrate under the press and registration of books act, 1867, which will hereinafter be referred to as the act, and when the said enquiry was pending a declaration has been made and if it amounts to a false declaration, the person who should file a complaint is the ..... no doubt true that the petitioners have filed the declaration in the name of the complainant, but, as already pointed out, they were, under a statutory authority, to file such a declaration under section 19-d of the act, as the respondent, though requested, was still persisting to continue as the printer and publisher of the newspaper, the petitioners had no other alternative but to make the alleged declaration as required by law or otherwise face ..... in such proceeding, except on the complaint in writing of such court, or of some other court to which such court insubordinate.it is no doubt true that proceedings had been instituted by the petitioners under section 8-b of the act against the respondent for cancellation of the declaration made by him that he is the printer and publisher of the newspaper samyuktha karnataka and journal karma veers. ..... the dishonest intention with probably more than usual care; the reason was that mere abuse of authority was not a crime and that it was not forgery where the act was done under the honest belief that the party doing it had a right to do although in point of fact he had really no such authority. .....

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Oct 25 1926 (FN)

Myers Vs. United States

Court : US Supreme Court

..... the merits, we find our conclusion strongly favoring the view which prevailed in the first congress, we have no hesitation in holding that conclusion to be correct, and it therefore follows that the tenure of office act of 1867, insofar as it attempted to prevent the president from removing executive officer who had been appointed by him by and with the advice and consent of the senate, was invalid, and that subsequent legislation of ..... superior, appointed by him with the consent of the senate; that this construction was acquiesced in by all branches of the government for 73 years, and that subsequent attempts of congress, through the tenure of office act of march 2, 1867, and other acts of that period, to reverse the construction of 1789 by subjecting the president's power to remove executive officers appointed by him and confirmed by the senate to the control of the senate or lodge such power elsewhere ..... the foundation of our government which in express terms controlled the power of removal, either by the clause here in question or otherwise, only two were met with a veto: the tenure of office act of 1867, which related to high political officers among others, and the budget act of 1920, which denied to the president any participation in the removal of the comptroller and assistant comptroller ..... the contest over making cabinet officers subject to the provisions of the tenure of office act of 1867 has obscured the significance of that measure as an instrument designed to prevent abuses .....

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