Judgment Search Results Home > Cases Phrase: white phosphorus matches prohibition act 1913 section 2 definition Court: kolkata Page 1 of about 12 results (0.083 seconds)

Binani Properties Private Ltd. Vs. M. Gulamali Abdul HossaIn and Co. a ...

Court : Kolkata

Reported in : AIR1967Cal390

..... in the matter of tarit kanti biswas, 21 cal wn 1161: (air 1918 cal 988) where, it has been held, the returns under section 32 of the indian companies act 1913 transmitted to, and filed by, the registrar of joint-stock companies, do constitute public records of private documents within the meaning of section 74(2) of the evidence act. ..... it does not because it contains no prohibition against such matter mentioned in the main part of section 91, the prohibition being only against three classes of facts: (i), (ii) and (iii) just referred to.5. ..... and then there can be no manner of a trespass here--not even the tortious act of civil trespass--when the first defendant is a 'person' still continuing in possession of '81' after the termination of its (contractual) tenancy on the last moment of the last day of april 1959, against whom a decree for eviction has yet to be made by this court, a court of competent jurisdiction, and who is, therefore, a statutory tenant within the definition of 'tenant' in section 2(h) of the premises tenancy act. ..... the extravagant contention about criminal trespass cannot, therefore, be accepted without converting black into white or vice versa.4. ..... tenancy and trespass, are concepts mutually exclusive of one another, just as, say, the concepts of black and white are. .....

United Bank of India Ltd. Vs. United India Credit and Development Comp ...

Court : Kolkata

Reported in : [1977]47CompCas689(Cal)

..... referred to the decision in tata bank air 1928 pc 180 at 184, where it was held that so far as the transferor-company (tata bank) was concerned, power to amalgamate was derived from status under sections 208 and 215 of the old companies act, 1913, and absence of power in the memorandum was held to be irrelevant and so far as the transferee-company, that is, the central bank, was concerned, it had power to amalgamate in its memorandum. ..... alleged pandemonium and violence at the first meeting, the said adjourned meeting could not be attended by members who wished to attend as they were scared away ; (3) alleged notice to custodian of enemy property is not a notice under section 172 of the companies act, 1956 ; (4) no list of shareholders is prepared who were pakistanis or foreigners for whom excuse is sought to be made out that no notices were necessary to be given to them, and, lastly, (5) the existence of foreign ..... the other hand, in the definition in section 2(f) ' existing bank ' is defined as meaning a banking company specified in column 1 of the first schedule being a company, the deposits of which, as shown in the return as on the last friday in june, 1969, furnished to the reserve bank under section 27 of the banking regulation act, 1949, were not less ..... . he referred to sections 3 and 5 of the capital issues (control) act, 1947, whereunder there is a complete prohibition of issues of shares without permission of the controller of capital issues and the central bank may impose .....

Indian Sugar Mills Association Vs. Commissioner of Income-tax

Court : Kolkata

Reported in : [1970]77ITR90(Cal)

..... and industry, but on that account the purpose was not rendered any the less an object of general public utility; (ii) that the legislature had used language of great amplitude in defining 'charitable purpose' and the definition was inclusive and not exhaustive or exclusive; (iii) that the expression 'object of general public utility' was not restricted to objects beneficial to the whole of mankind. ..... section 26 of the 1913 act provided:'(1) where it is proved to the satisfaction of the central government that an association capable of being formed as a limited company has been or is about to be formed for promoting commerce, art, science, religion, charity, or any other useful object, and applies or intends to apply its profits (if any) or other income in promoting its objects, and to prohibit the payment of any dividend to its members, the central government may, by licence under the hand of one of its ..... their lordships of the judicial committee have said that:'section 4(3) of the indian income-tax act gives a clear and succinct definition of 'charitable purposes' which must be construed according to its actual language and meaning ..... lord macnaghten's definition of charity and english decisions on the law of charities have no binding authority on its construction and though they sometimes afford help or guidance, cannot relieve the indian courts from their responsibility of applying the language of the act to the particular circumstances that emerge under conditions of indian .....

Assistant Collector of Customs for Appraisement and anr. Vs. Soorajmul ...

Court : Kolkata

Reported in : AIR1952Cal656,56CWN453

..... is stated in paragraph 1481 as follows:'although the writ is not of course it will nevertheless be granted 'ex debito justitiae', to quash proceedings which the court has power to quash, where it is shown that the court below has acted without jurisdiction or in excess of jurisdiction, if the application is made by an aggrieved party and not merely by one of the public and if the conduct of the party applying has not been such as to disentitle him to ..... there is a lis prima facie and in the absence of anything in the statute to the contrary it is the duty of the authority to act judicially and the decision of the authority is a quasi-judicial act; and(ii) that if a statutory authority has power to do any act which will prejudicially affect the subject, then, although there are not two parties apart from the authority and the contest is between the authority ..... it is inconceivable that the lesser offences under the act are triable by a magistrate - who acts judicially, - whereas the greater offences may be the subject matter of executive or administrative orders.section 188 provides for appeal by the person aggrieved by any decision or ..... give a binding and authoritative decision is able to take action so as to enforce that decision, then, but only then, according to the definition quoted, all the attributes of judicial power are plainly present. ..... the writ of mandamus, like that of certiorari and prohibition, is a high prerogative writ, and, a very valuable right in the crown ..... (1913) .....

Pramod Kumar Mittal Vs. Andhra Steel Corporation Ltd. and ors.

Court : Kolkata

Reported in : [1985]58CompCas772(Cal)

..... declare the rights of the parties in the immovable properties but those rights were declared in the decree of the court and consequently fell within the purview of section 17(2)(b) and not under section 17(2)(b) of the indian registration act, the definition of what documents should be registered because it created right in immovable property and what documents only created a right to get another document was focussed in two ..... for entering into the terms of settlement pursuant to which the decree was passed in favour of the union bank of india, it is necessary to consider the contention whether either under section 293 of the companies act, which we have set out hereinbefore, sanction was required or whether any leave to compromise was necessary in view of the fact that the committee of management appointed by the court was ..... the points raised and the decisions, we have come to the following conclusions :in our opinion, (1) the committee of management was not hit by section 293 of the companies act and, as such, there was no prior need of obtaining any approval of the court for entering into the transaction for the sale and transfer ..... the shareholders' rights in the assets of the company under section 192 of the indian companies act of 1913, our attention was drawn to the decision of the supreme ..... section 293a, which is not relevant for our present purpose, deals with the prohibition regarding making of political contributions and section 293b deals with the power of the board and .....

Association for Protection of Democratic Rights Vs. State of West Beng ...

Court : Kolkata

Reported in : 2007(4)CHN842

..... to examine whether the poor and the down-trodden are getting their social and economic entitlements or whether they are continuing to remain victims of deception and exploitation at the hands of strong and powerful sections of the community and whether social and economic justice has become a meaningful reality for them or it has remained merely a teasing illusion and a promise of unreality, so that in case the ..... by counsel for all the parties including the additional solicitor general that while section 6 of the delhi special police establishment act, 1946 ('act' for short) would require the consent of the state government before jurisdiction under section 5 of that act is exercised by officers of that establishment, when a direction is given by the court in an appropriate case, consent envisaged under section 6 of the act would not be a condition precedent to compliance with the court's direction. ..... idea is that in exercising powers under article 142 in assessing the needs of 'complete justice' of a cause or matter, the apex court will take note of the express prohibitions in any substantive statutory provision based on some fundamental principles of public policy and regulate the exercise of its power and discretion accordingly. ..... no hesitation in accepting that the provisions of police act, 1861 and the police regulations, bengal, 1943 would fall within the definition of existing laws under article 13 and article 372 ..... wearing blue and white caps with a logo ..... matches between ..... 1913 .....

AmIn Shariff Vs. Emperor

Court : Kolkata

Reported in : AIR1934Cal580,150Ind.Cas.561

..... the provision in section 25 is definite and explicit; for our purpose the expressions 'police officer ..... learned judge also pointed out that it is wrong to hold that the power of 'investigation' ought to be taken as being the criterion as to whether or not the excise officer is a police officer for the purpose of section 25 and in this connection he said that it is to be noticed that it is not only certain revenue officers, such as officers of the excise and salt departments, who are sometimes invested with the powers of a police ..... it seems to me therefore that as a matter of first impression one ought quite definitely to conclude that when the legislature conferred upon the people of this country, the important privilege now contained in the provisions of section 25, evidence act, the legislature in using the words 'police officer' must have intended that expression to bear such interpretation as would ordinarily be put upon it in the year 1861 by the ..... no doubt the conviction in the present case is largely based, contended before us that the court ought to have regard to the spirit and the intention underlying the prohibition contained in section 25, evidence act, and in particular, to the intention of the legislature at the time when the provision, now embodied in section 25, first came into existence. ..... london society of compositors (1913) ac 107 as an authority for the proposition that for the purpose of construing words used in a statutory enactment the grammatical and ordinary .....

King-emperor Vs. Rajah Probhat Chandra Baruah

Court : Kolkata

Reported in : AIR1927Cal432

..... settled areas is assessable to income-tax, the permanent settlement is repealed or abrogated or derogated from ; but on looking at the matter purely as a question of construction of the charging sections in the indian income-tax act 1922 taking along with the exemptions, i am of opinion that the legislature has said in the most direct manner possible and in clear and unambiguous language that the profits of land ..... the income derived from land in permanently settled estates, subject to exemptions provided for by the legislature itself, to income-tax; that the words used in the charging sections of the indian income-tax act, 1922, are very wide and that they must include income from land in permanently settled estates, subject to the said exemptions; that the rule about a subsequent ..... average of the net produce stated in the past accounts, for as many years as they can be procured not exceeding ten (excluding therefrom such collections as have been prohibited by government) and be adjusted, with regard to the collections in malguzarri and lakheraj lands respectively, according to the principles already laid down in the resolution of the 11th june 1790.55. ..... the section therefore refers only to section 6 which instead of definitely exhausting all the sources of income, merely says:save as otherwise provided -by this act, the following heads of income, profits and gains, shall be chargeable to income-tax in the manner hereinafter appearing; (i) salaries, (ii) interest on securities, ..... 1913 .....

Aktiebolaget Jonkoping Vulcan Vs. V.S.V. Palanichamy Nadar and ors.

Court : Kolkata

Reported in : AIR1969Cal43,73CWN347

..... for these reasons, if the registration were valid at the outbreak of war, i consider that that if any application were received by the registrar under the provisions of section 26 of the act (british trade act, 1938) for the removal of such a mark from the register because of non-use during the period of the war, it would be an improper exercise of the discretion conferred upon him were he to accede to ..... testing of evidence on this point it is plain in the facts of the present appeal before me, special circumstances or no special circumstances, of import prohibition, the appellant has not chosen to use the mark at any time in india and has not proved that the appellant had so used. 45 ..... in these proceedings the madras match company are seeking the cancellation of the registration of this trade mark of the swedish match company on the ground, based on section 46(1)(b) of the trade and merchandise marks act, 1958, that there had been no bona fide use of the registered trade mark by the swedish match company for the statutory period of a continuous stretch of five or more years upto one month before the date of the ..... ' that must moan 'deal or intend to deal in this country' --'meaning by intending to deal having at the time of registration some definite and present intention to deal in certain goods or descriptions of goods and not a mere general intention of extending his business at some future time to anything which ..... neufchatel's case, (1913) 2 ch 291 ..... case, reported in (1913) 2 ch d .....

The Islampur Municipality and anr. Vs. Chaudhuri M. Manjar Afaque and ...

Court : Kolkata

..... having regard to the submission of the parties the only point for consideration by us is as to whether by the said marketing act, all the agricultural produce in terms of the definition of clause (1) sub-section (1) of section 2 of the said marketing act irrespective of the fact that such agricultural produce are not specified under sub-section (1) of section 3 while declaring the area as market area for the purpose of causing any regulation thereof, could be considered as 'such type of agricultural produce' only for ..... the appellant before us, the islampur municipality, however, has submitted that 'agricultural produce' word as is appearing under section 13 authorizing/empowering the market committee to grant licence means the agricultural produce in terms of the definition of section 2 sub-section (a) of the marketing act as detailed in the schedule thereof, wherein, as under animal husbandry product, poultry, cattle, goat meat and mutton and fish have been included, the municipal authority has no jurisdiction to grant licence and as ..... regard to the discussion made by the apex court about the meaning of the word 'regulation' and purpose of any regulatory act/statute, it is clear that regulatory act may also consist to some degree of prohibition for the purpose of effecting the full applicability of the regulatory provision and as such, the same is not ultra vires.37. ..... is best which makes the textual interpretation match the contextual. ..... 1913 and shorter oxford dictionary .....