Judgment Search Results Home > Cases Phrase: the bombay court of wards act 1905 Court: andhra pradesh Page 1 of about 54 results (0.114 seconds)

In Re: B.N. Murthy

Court : Andhra Pradesh

Reported in : 1963CriLJ650

..... to grant sanction under section 195 clause (6) was not in the nature of an appeal to the appellate court against the order of the lower court but was an application for the exercise of a special power conferred on the appellate court and was part of the procedural law and that such an application, could not, after the amending act of 1923, be entertained or heard as it was, in its nature, an application for grant of sanction for prosecution by a private party and that the amending act xviii of 1923 made amendments affecting procedure only.16. ..... cases by magistrate as are sections 251 - 259...again section 350 of the code cannot be applied to the proceed'ngs before a special judge now the section can be applied only when one magistrate succeeds another.their lordships of the supreme court, alter stating that a predecessor special judge is not a magistrate for the purpose of the act, observed as follows:.the act could not, in our view, have intended that section 350 of the code would be available to a special judge as a rule of procedure prescribed for ..... a single judge of the bombay high court held that the district judge could hear the appeal. ..... chandra dharma (1905) 2 kb 335, lord alverstone, c.j. ..... irving 1905 ac 369. .....

Public Prosecutor Vs. J.P. Sanghi and anr.

Court : Andhra Pradesh

Reported in : AIR1964AP276; 1964CriLJ642a

..... he has only the right of prosecution or defence in the manner prescribed for the time being by or for the court in which the ease is pending and if 6y am act of parliament the mode of procedure is altered he has no other right than to proceed according to the altered mode, see maxwell on interpretation of ..... one would look in vain to find the criminal procedure code, 1898 included in schedule to act iii of 1951 which enumerates all the acts and ordinances to which the provisions of act iii of 1951 would apply that was obviously because that code was separately dealt with under a specific act (act 1 or 1951) which received the assent of the president of india on the 17th february 1951 and came into force ..... part 'b' states (laws) act' seems to have been also no less responsible for such assumption: section 25 or act 1 of 1951 which is relevant for our purpose provides in sub-section 3 thus:'the provisions of the said code shall apply to an proceedings instituted after the coming into force of the said code in any part b state and, so far as may be, to an cases pending in any criminal court in that state when the said coda comes into force ..... principle and on authority we are of the view that the orders of the courts below are wrong.these revision petitions, are, therefore allowed and the orders of both we chief city magistrate and the 4th city magistrate are reversed. ..... state of bombay, : 1958crilj1429 , which are to the following effect:'no person has a vested right in any ..... , 1905 .....

Assistant Collector of Customs and Central Excise, Hyderabad Vs. N. As ...

Court : Andhra Pradesh

Reported in : 1984(16)ELT202(AP)

..... in pursuance of the recommendations of the law commission for the establishment of the special courts for the effective and speedy prosecution of economic offences, a special judge's court at hyderabad presided over by an officer in the cadre of district and sessions judge for the trial of economic offences under the specified central act arising throughout the state of andhra pradesh, was established by the state government on the recommendation of the high court. ..... concerned in carrying, removing, depositing, harbouring, keeping, concealing, selling or purchasing or in any other manner dealing with any goods which he knows or has reason to believe are liable to confiscation under section 111 he shall be punishable - (i) in the case of an offence relating to any of the goods to which section 123 applies and market price of which exceeds one lakh of rupees, with imprisonment for a term which may extend to seven years and with fine : provided that ..... to which this section applies are seized under this act in the reasonable belief that they are smuggled goods, the burden of proving that they are not smuggled goods shall be - (a) in a case where such seizure is made from the possession of any person, - (i) on the person from whose possession the goods were seized; and (ii) if any person, other than the person from whose possession the goods were seized, claims to be the owner thereof, also on such other person; (b) in ..... state of bombay, : 1958crilj1429 ; and narahari v ..... irving (1905) a.c. .....

In Re: Mandadi Narayanamma and ors.

Court : Andhra Pradesh

Reported in : AIR1975AP267

..... in this case, the paternal uncle filed affidavit before the court stating that he is prepared to give immovable security to the extent of the share of the minor, and i am satisfied that if the share of the minor's interest is thus safe-guarded by the security tendered by the guardian under rule 13-a, an order dispensing with the appointment as guardian under the guardians and wards act should have been passed,8. ..... on a closer reading of this judgment, it would be clear that the bombay high court in the judgment did not hold that a minor cannot be given a succession certificate without his guardian obtaining an appointment order under the guardtans and wards act. ..... the learned district munsif, relying on rule 13-a of the rules framed under the indian succession act, held that unless the guardian representing the minor 1st petitioner obtains an order from a competent court under the guardians and wards act, appointing him as a guardian the petition cannot be entertained.3. ..... where any person applies for the issue of a succession certificate on behalf of a minor, such person shall unless the aggregate amount or value of the debts or securities specified in the application does not exceed five hundred rupees or the court otherwise orders, present an application under guardians and wards act praying for his appointment as guardian of the property of the minor. .....

Khatija Begum Vs. Gulam Dastagir

Court : Andhra Pradesh

Reported in : AIR1976AP128

..... under section 19 of the guardians and wards act the court is not entitled to appoint or declare a guardian of the person of the minor whose father is living and is not in the opinion of the court, unfit to be guardian of the person of the minor.in this case we have already observed that we cannot consider that the father is unfit to be the guardian of the person of the minor. ..... we have till nor proceeded on the footing that the guardianship of the minor is different from custody and section 19 of the guardians and wards act prohibits the appointment only of a guardian when the father is living and is not unfit to be a guardian and does not preclude the court from giving directions as to the custody of the minor. ..... narayaniah (air 1914 pc 41) in which it was observed that no order declaring a guardian can be by reason of section 19 of the guardians and wards act be made during the lifetime of the father unless in the opinion of the court he is unfit to be their guardian.the section as well as the decision referred to above deal only with the case of appointment of a guardian. ..... reference was made to the decision of the bombay high court in bai tara v. ..... rajammal : air1957mad563 which itself is based upon a similar procedure adopted in the decision of the bombay high court referred to therein and direct that the minor should be retained in the custody of the maternal grand-mother.15. .....

P. Vani Sithapathi Vs. Dr. Ch. Srinivasa Sastry

Court : Andhra Pradesh

Reported in : 2002(5)ALD669

..... their lordships of the bombay high court in that decision observed:' ...........in a proceeding under section 488, so far as the maintenance of a child is concerned, the criminal court is concerned only with the fact of its custody and not the propriety of that custody. ..... if the respondent is advised, he being natural guardian of the girl may initiate appropriate proceedings under the guardians and wards act claiming custody of the child. ..... it cannot be contended that this question is to be decided only in a proceeding under the guardians and wards act, but the right to custody can be a good defence to a claim for the separate maintenance of the child in a civil suit, provided the father has expressed his bona fide willingness to keep and maintain the child. ..... this being a curable defect and as the court should always be guided for rendering justice between the parties and as the judgments to be delivered by the court should be in furtherance of cause of justice, we treated this petition as petition under section 26 of the act and proceeded to examine the other contentions raised by the learned counsel for the respondent. .....

Survepalli Siddaiah Vs. Survepalli Penchalamma

Court : Andhra Pradesh

Reported in : AIR1963AP158

..... her father made an application under the guardian and wards act for a declaration that she was the guardian of the person and the property of the infant son of the testator. ..... (as he then was), who delivered the opinion of the court, remarked :'the condition regarding the competency of the former court to try the subsequent suit is one of the limitations engrafted on the general rule of res judicata by section 11 of the code and has application to suits ..... spoke for the court in dealing with a similar argument, observed as fallows:'but there is a further and a more important aspect of the matter fo which we have already made reference and that is that not only the probate court is an exclusive court with regard to probate proceedings, but it is a court whose judgment operates as a judgment 'in rem' an' it is a court of conscience and therefore on principle a decision 'inter partes' in a civil court cannot operate as 'res judicata' upon not only a court of exclusive jurisdiction but upon a court whose judgment operates ..... to the same effect is the ruling of the bombay high court in ..... was not upheld by the madras high court and in repelling it this is what the learned judges remarked:'in our opinion, the judgment of a probate court granting or refusing probate is a judgment in rent, and therefore the judgment of any other court in a proceeding inter partes cannot be pleaded in bar of an investigation in the probate court as to the factum of the will propounded in that court.'9. .....

Andhra Pradesh Paper Mills Limited Vs. Government of Andhra Pradesh an ...

Court : Andhra Pradesh

Reported in : [1989]73STC26(AP)

..... explanation ii is important and it states that notwithstanding anything contained in the indian sale of goods act, 1930, there is a sale or purchase of goods, if the goods are within the state, and (i) in the case of specific or ascertained goods, at the time the contract of sale or purchase is made; and (ii) in the case of unascertained or future goods, at the time of their appropriation to the contract of sale or purchase by the seller or by the purchaser, whether the assent of the other party is prior or subsequent to such appropriation. 14. ..... though the definition of 'sale' in the andhra pradesh general sales tax act, 1957 contains a non obstante clause in explanation ii, it is now well-settled that the expression 'sale of goods' is a term of well-recognised import in the general law relating to sale of goods and also in the legislative practice relating to that topic and, therefore, that expression must be interpreted when used in entry 48 of list ii of the seventh schedule of the government of india act, 1935 as having the same meaning as in the indian sale of goods act, 1930. ..... whatever nomenclature is applied unless there is a 'sale' of goods as contemplated by the indian sale of goods act, 1930, there cannot be a sale liable to sales tax, as held by the supreme court. .....

Anant Reddy Vs. State of Hyderabad Through Commr. of Police

Court : Andhra Pradesh

Reported in : 1954CriLJ1499

..... 46(b) shall require the magistrate or any officer to disclose the person against whom an order is made under sub-sections (1), (3) or (4) of section 46...or (b) to the court, the source ..... section shall require any police officer to disclose to the person against whom an order is made under sub-sections (1), (2) and (3) or to a court the source of his information or any fact the expression of which in the opinion of the commissioner of police, reveals the name or identity of the person giving information.a comparison of these provisions with the provisions in similar enactments in the bombay state would show that the provisions in the bombay act also are exactly similar, for example, in section 46(c), bombay district police act of 1890, it is stated that nothing contained in section 46(a) or section .....

M/S.Rajkumar Engineering Pvt. Lt Vs. the State of Andhrapradesh Rep. b ...

Court : Andhra Pradesh

..... learned counsel for the petitioner, would draw attention of this court to the memo of case law filed by the counsel for the petitioner before the tribunal whereby it was contended:- the observations of the appellate authority that the appellants admitted charged sales tax and therefore did not argue against the levy of penalty under section 15 (4) (a) of the act is a mistake when the very appeals are filed aggrieved by the levy of penalties ..... include money deposited under an agreement that if it was not legally payable it will be returned', (words & phrases, p.274).we therefore semanticise 'collected' not to cover amounts gathered tentatively to be given back if found non-exigible from the dealer (emphasis supplied) section 37(1) of the bombay sales tax act stipulated a penalty in cases where a dealer had collected any sum by way of tax either in excess of the tax payable or in contravention of section 46 of the said act. ..... the scope of section 37(1) of the bombay sales tax act, 1959, arose for consideration ..... unlike the words collection of tax, used both in section 37(1) of the bombay sales tax act and section 11(2) of mysore sales tax act, (the scope of which fell for consideration in r.s.joshi2 and mysore spinning and manufacturing company limited3 respectively).section 15(4)(a) of the apgst act, as it then stood, did not impose a penalty for collection ..... co.of india ltd4; n.b.sanjana, assistant collector of central excise, bombay.v.the elphinstone spinning & weaving mills co.ltd. .....