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Judgment Search Results Home > Cases Phrase: central provinces laws act 1875 Page 1 of about 30,539 results (0.265 seconds)

May 02 1974 (HC)

Smt. Vidya Devi and anr. Vs. Madhya Pradesh State Road Transport Corpo ...

Court : Madhya Pradesh

Reported in : AIR1975MP89; 1974MPLJ573

..... ' has been interpreted to mean 'the rules of english law if found applicable to indian society and circumstances'; waghela rajsanji v. shekh masluddin, (1887) 14 ind'app 89 at 96 ( ..... can apply the principles contained in the english act of 1945.7. the indian courts in the absence of any specific law are enjoined to decide cases 'according to justice, equity and good conscience.' the relevant statutory provision, so far as mahakoshal region in this state is concerned, is section 6 of the central provinces laws act, 1875. the expression 'justice, equity and good conscience ..... if the plaintiff's negligence contributed in some degree to the accident his action entirely failed even though the defendant was more at fault. this law continued till the laws reform (contributory negligence) act, 1945, which abolished the defence of contributory negligence and enacted provisions which enable the court to allow the claim by reducing it to such extent as ..... and good conscience when it has been rejected in the country of its origin being a harsh and cruel doctrine of the common law? our answer is clearly in the negative. the principle of apportionment enacted in the english act of 1945 is more in consonance with justice, equity and good conscience and since we can look to the english .....

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Dec 07 1966 (SC)

Superintendent and Legal Remembrancer, State of West Bengal Vs. Corpor ...

Court : Supreme Court of India

Reported in : AIR1967SC997; 1967CriLJ950; [1967]2SCR170

..... courts-the calcutta high court and the patna high court. in the courts in the mufassal, the civil courts acts e.g. bengal, agra and assam civil courts act, 1887 s. 37; the punjab laws act, 1872, s. 5; the central provinces laws act, 1875, ss. 5, 6; the oudh laws act, 1876, s. 3. require the courts to decide cases according to justice, equity and good conscience. there can therefore ..... provisions of an act do not bind the state (using the expression "state" in a compendious sense as ..... force because it would limit and control the operation of the existing indian acts. but we have ample power to say that this rule was not in force in india and the indian law was not correctly laid down by the privy council in the province of bombay's case(4) and the decisions which followed it. there is no presumption that the ..... the state was bound by s. 386(1) (a) of the calcutta municipal act, 1923. this decision was reversed in the director of rationing and distribution's case (3) and a majority of a bench of this court held that the law was correctly laid down in the province of bombay's case(4) and continued to apply in this country even after .....

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Sep 06 1971 (HC)

T.V. Ramasubba Iyer and anr. Vs. A.M. Ahamed Mohideen

Court : Chennai

Reported in : AIR1972Mad398

..... . in secretary of state v. rukhminibai, pollock, j. pointed out:--'it is to be noted that section 6 central provinces laws act of 1875 prescribes that the court should act according to justice, equity and good conscience, not that it should act according to the rules of english law; it is also to be noted that the privy council has merely states that the courts in this country ..... should ordinarily be guided by the rules of english law if applicable to indian society and circumstances; their lordships did ..... words of which the defendant was not author, they were written by the author without malice'.it is clear that section 4 of the defamation act. 1952, was intended to override the rigour of the law as laid down by the house of lords in 1910 ac 20 and to provide for a remedy to a person whose publication had been unintentional ..... the appellants are liable at all. it is in view of this provision contained in section 4 of the defamation act. 1952. harry street, on the law of torts 3rd edn. at p. 307 has stated:--'has section 4 of the defamation act. 1952. now overriden these cases? that section certainly covers instances where the statements were not known to be defamatory, or .....

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Sep 06 1971 (HC)

T.V. Ramasubba Iyer, Editor, dinamalar and anr. Vs. Am. Ahamad Mohidee ...

Court : Chennai

Reported in : (1972)1MLJ508

..... . in secretary of state v. rukhminibai , pollock, j., pointed out:it is to be noted that section 6, central provinces laws act of 1875 prescribes that the court should act according to justice, equity and good conscience, not that it should act according to the rules of english law : it is also to be noted that the privy council has merely stated that the courts in this country ..... should ordinarily be guided by the rules of english law if applicable to indian society and circumstances; their lordships did ..... words of which the defendant was not the author, they were written by the author without malice.it is clear that section 4 of the defamation act, 1952 was intended to override the rigour of the law as laid down by the house of lords in e. hulton and co. v. jones l.r. (1910) a.c. 20, and to provide for ..... the appellants are liable at all. it is in view of this provision contained in section 4 of the defamation act, 1952, harry street, on the law of torts - third edition, at page 307 has stated:has section 4 of the defamation act, 1952, now overriden these cases? that section certainly covers instances where the statements were not known to be defamatory, or .....

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Jan 19 1960 (HC)

The Kotah Transport Ltd., Kotah and ors. Vs. the Jhalawar Transport Se ...

Court : Rajasthan

Reported in : AIR1960Raj224

..... personal laws of the parties had to be applied. section 6 enacted that in cases not provided for by ..... the defendant for damages for causing death by tortious acts. at the material time the indian fatal accidents act, 1855, had not been applied to berar.it was applied to that territory under the berar laws act. 1941. the question arose by what law the case was to be decided. section s of the central provinces laws act (act xx of 1875) provided that in questions regarding certain topics the ..... section 5 or by any other law for the time being in force, the courts should act according to justice, equity and good conscience. it ..... two sub-sections of section 21 of the kotak state civil courts act.unfortunately even the central provinces laws act had not been applied to berar at the relevant time or even till 1941. which was a glaring omission in the provincial berar laws act.the net result was that neither the fatal accidents act applied to berar, nor could the courts in a case of this .....

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May 02 1901 (PC)

Alabi Koya and anr. Vs. Mussa Koya and ors.

Court : Chennai

Reported in : (1901)ILR24Mad513

..... 3, act xviii of 1876). in those provinces the muhammadan law as to gifts applies by virtue of the civil courts ..... acts and is not affected by the rules of the transfer of property act as to gifts. in other parts ..... section of the transfer of property act and also in considering the case law of other parts of india it is necessary to bear in mind that in the civil courts acts of many provinces the muhammadan law of gifts is specifically declared to be applicable in those provinces as between muhammadans (e.g., central provinces, section 5, act xx of 1875; punjab, section 5, act xii of 1878; oudh, section .....

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May 02 1901 (PC)

Syed Ahmed and ors. Vs. Mussa Koya and ors.

Court : Chennai

Reported in : (1901)11MLJ227

..... 3, act xviii of 1876). in those provinces the mahomedan law as to gifts applies by virtue of the civil courts ..... acts and is not affected by the rules of the transfer of property act as to gifts. in other parts ..... section of the transfer of property act and, also in considering the case law of other parts of india, it is necessary to bear in mind that in the civil courts acts of many provinces, the mahomedan law of gifts is specifically declared to be applicable in those provinces as between mahomedans (e. g., central provinces, section 5, act xx of 1875, punjab, section 5, act xii of 1878, oudh section .....

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Mar 21 2014 (FN)

In the Matter of a Reference by the Governor in Council Concerning Sec ...

Court : Canada Supreme Court

..... deemed this undesirable. this legislative history explains why the assistant judge of the exchequer court was excluded from serving as an ad hoc judge on appeals from common law provinces. but it does not explain why that judge was also excluded from serving as an ad hoc judge on appeals from quebec even though that would have maintained ..... as a result of its evolution into the final general court of appeal for canada, with jurisdiction to hear appeals concerning all the laws of canada and the provinces, including the constitution. this status was confirmed in the constitution act, 1982, which made modifications of the courts composition and other essential features subject to stringent amending procedures. c. the arguments of ..... would altogether remove the courts composition. [92] the textual origin of part v was the april accord? of 1981 (constitutional accord: canadian patriation plan (1981)), to which eight provinces, including quebec, were parties. the explanatory notes to this accord confirm that the intention was to limit parliaments unilateral authority to reform the supreme court. that sentiment finds particular expression ..... canada as a whole that persons with training in civil law form an integral part of this countrys highest court. indeed, a guarantee to that effect was central to the bargain struck between parliament and quebec when the supreme court was first created in 1875.[5] [114] section 6 of the act protects quebecs right to have three seats on this court. .....

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May 10 1963 (SC)

Prativa Bose Vs. Kumar Rupendra Deb Raikat and ors.

Court : Supreme Court of India

Reported in : AIR1965SC540; [1964]4SCR69

..... and iv have not been invariably extended. only ss. iv, v, vi and vii and not ss. 11 and iii were extended to the central pro- vinces by the central provinces laws act xx of 1876. it is not correct as observed by the high court, that s. iii and first part of s. iv of the ..... that the sovereign ruler was the sole virtual proprietor of the soil. it might have been that when the east india company got sovereignty over these provinces or parts thereof, heirs of zamindars and possibly of other men of property, might have approached courts as well either for obtaining such permission or ..... the superintendence of the court of wards, its guardian, or nearest of kin, who by special appointment or by the law and usage of the country may be authorised to act for him, is not required to apply to the courts of justice for permission to take possession of the estate of the ..... the superintendence or the court of wards, his guardian or nearest of -kin who, by special appointment or by the law and usage of the country, may be authorised to act for him, is not required to apply to the courts of justice for permission to take possession of the estate of ..... provinces had left wills at their decease and appointed executors. to carry the same into effect or who died intestate leaving an estate, real or personal, and also to -apply to those cases as far as possible the principle prescribed in section xv of regulation iv of 1793 to the effect that in suits regarding succession and inheritance the mahomedan laws .....

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Sep 15 1978 (HC)

Raj Kumar Rai Vs. State

Court : Sikkim

Reported in : 1979CriLJ310

..... enforced being 1st april, 1951.7. the position, therefore, was that as in view of the majority opinion .in delhi laws act case air 1951 sc 332 the corresponding vindhya pradesh law could not have been taken as repealed by the notification whereby the central provinces law was extended, the central provinces law was to be deemed to have been extended to vindhya pradesh when the corresponding vindhya pradesh ..... for decision before the supreme court in bhaiyalal v. state of madhya pradesh : air1962sc981 . in that case, the central provinces and berar sales tax act, 1947 (hereinafter referred to as the central province law), was extended to the new part c state of vindhya pradesh by the central government by a notification on 29th dec, 1950, in exercise of the power conferred by section 2 of the ..... and ultra vires and therefore, the extension of the central provinces law was to be deemed to have been made without repealing the corresponding vindhya pradesh law.thereafter, parliament passed the part c states (miscellaneous laws) repeal act, 1951, repealing inter alia the vindhya pradesh law with effect from 29th dec. 1950, being the date on which the central provinces law was extended to vindhya pradesh and the vindhya pradesh .....

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