Court : Mumbai
Reported in : (1919)21BOMLR1
..... . robarts (1875) l.r. 10 ex. 337. the question, therefore, for decision here is whether the mercantile usage extending the definition of 'negotiable instrument' has involved a defiance or disregard of the provisions of the indian negotiable instruments act.3. it has, in the first place, to he observed that the act, according to the preamble, was passed not merely to amend the law but to ..... original contract for the sale of the bales of yarn entered into with the 2nd defendant firm.5. my findings on the issues must, therefore, be as follows:--upon issue (1): whether the cheque in suit was made payable to 2nd defendant or order as alleged in paragraph 2 of the plaint; and upon issue (2): whether the cheque in suit ..... facie intended to lay down the whole law regarding those three classes of negotiable instruments. it has, in the second place, to be observed that the saving clause in section 1 saved only local usage relating to instruments in oriental languages such as handies, and did not save general usage like section 1 of the indian contract act. it has thirdly to be observed that ..... that is the view which was apparently taken by farran j. when he referred to the saving clause in section 1, and the definition in section 13, at pages 699 and 697 of the case of jetha parkha v. ramchandra vithoba i.l.r. (1892) 10 bom. 659. it has been suggested that nevertheless it would be permissible to extend the definition .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1973SC724; (1973)1SCC162; 2SCR973
..... the fund out of which the salaries of the officers are defrayed. in the supreme court they are collected by means of stamps under the judicature act, 1875, section 26, and order of 1884, and the supreme court fees order, 1930 (as amended)..the mode of collecting fees in a public ..... their registers were to be carried to the account of government. similarly various other fees were carried to the account of government.20. in the preamble to bengal regulation vi of 1797, the object is stated to be to discourage litigations, complaints and the filing of superfluous exhibits and the ..... suit has been noticed.17. the first legislative measure which has been brought to our notice is the bengal regulation xxxv11i of 1795. in the preamble, it is stated that the establishing of fees on the institution and trial of suits, and on petitions presented to the courts was considered ..... also to raise the fees heretofore chargeable on probates and letters of administration granted under the indian succession act, and on certificates issued under act xxvii of 1860, to the ad valorem rates leviable under the english law in like cases.23. the bill was designed to contain in one enactment the whole of ..... the beginning, they were directly appropriated by the court officials. the existing law shows that fees are not taxes. it is not usual to delegate taxing powers to judges.16. in india according to the fifth. report on east india affairs vol. 1 (1812), chapter, 'the civil courts of justice', 'the chouthay or .....Tag this Judgment!
Court : Allahabad
Reported in : (1885)ILR7All205
..... i, page 3431), so far as the english law is concerned, is no doubt correct, but we are not now engaged with defamatory matter conveyed by words spoken.4. chapter xxi of the indian penal code, forming, as it does, part of a code, has no preamble setting out the reason for its enactment, but the indian law commissioners, in para. 396 of their report ..... but the tendency of calumnious imputations to provoke breaches of the peace is undoubtedly one of the reasons for making defamation an offence.' the preamble of 'lord campbell's act' (6 and 7 vic, cap. 96), the statute under which libels defamatory of private individuals are now punishable in england, runs thus ..... . how could such an imputation possibly injure his reputation? a man has no 'reputation' to himself, and therefore the section does not make an act of this nature a crime. it follows that the sending of the letter was not 'making' or 'publishing' an imputation within the meaning of section ..... offence being otherwise provided for in the code.29. we have to determine this intention from the facts in each case. where the only act is to send a letter under a closed cover to a person, containing imputations against him, the intention to make public its contents so ..... ) it was held that a letter by a man to the wife of another (in a state where adultery is felony), implying that she had acted libidinously towards the writer, and bad invited him to have adulterous inter course, the object of the letter being to insult and abuse her, debauch .....Tag this Judgment!
Court : Appellate Tribunal for Electricity APTEL
..... g expenses will not be considered for truing up. this tribunal in a judgment in the case of rel v. merc and ors. (energy law report 2007 aptel 164) dated 04 apr 2007 has allowed a&g expenses for fy 2004-05 and fy 2005-06 stating that "concedingly, under the ..... mseb, to facilitate efficient operation of power generation and promoting competition to protect interest of consumers in the state as mandated in the preambles of the indian electricity act, 2003. we observe that the appellant has much larger installed generation capacity of 9510 mw which is geographically dispersed through out the ..... doing so the commission would also be guided by the policy direction of the state government as mandated under section 108 (1) of the act, which is reproduced below: 108.(1) in the discharge of its functions, the state commission shall be guided by such directions in matters of policy involving public ..... which was not accepted by the commission. the other contention of the appellant is to consider the escalation rate of 6%.82. regulation 34.6.1 of the tariff regulations 2005 contains provisions relating to determination of allowable o&m expenses, in respect of old generating stations, as under: a ..... heading 'annual review of performance' provides for truing up of revenue.68. we have gone through regulation 17 of the tariff regulations.regulation 17.1 which contains the basic theme of the regulation, reads as under: 'where the aggregate revenue requirement and expected revenue from tariff and charges of .....Tag this Judgment!
Court : Mumbai
..... contained in three enactments viz., arbitration act, 1940, arbitration (protocol & convention) act, 1937 and foreign awards (recognition and enforcement) act, 1961. therefore, earlier a party holding a foreign award was required to take recourse to these enactments. preamble of the act makes it abundantly clear that it aims to consolidate and amend indian laws relating to domestic arbitration, international commercial ..... therefore, no separate proceedings one for deciding the enforceability of the foreign award and other thereafter for execution are contemplated. relying upon the judgement reported in a.i ..... final and binding as it is challenged in the court of jamkhambaliya. in this behalf, he has invited my attention to the judgement of the supreme court reported in a.i.r. 2001 s.c. 2293 (m/s.fuerst day lawson ltd. v. jandal exports ltd). he relies upon paras 28 to 30 of this decision ..... arbitration and enforcement of foreign arbitral awards. the object of the act is to minimize supervisory role of court and to give speedy justice. .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (2005)96TTJ(Delhi)1
..... of the income attributable to the pe shall be in accordance with the indian law, which includes rule 10 of the income-tax rules. rule 10 has to be read with explanation (a)to section 9(1)(i) of the income-tax act under which in the case of a business of which all the operations ..... and the manager of the german company had a flat in paris. the administrative court of appeal of paris held that the german touristik service reported in (1998) 1 i.t.l.r.857), travel agency did not have a pe in france (societe france). as against this, the brussels court of appeal has ..... this loading of a part of the software that the subscriber was able to get connectivity. he strengthened this view of his by stating that the preamble to the supply contract stated that the assessee wished to provide supply of gsm mobile telephone system and application software. thus on this reasoning, the cit ..... thereafter referred to the installation contract and submitted that this was also entered into on 2.7.1996, the same day as the supply contract. the preamble to the installation contract referred to the hardware and software "belonging" to jtm. the question posed by mr. sharma was that on the very day ..... thereafter made a reference to the "overall agreement" which has also been entered into on 2.7.1996 between the assessee, eci and jtm. the preamble to the agreement stated that the primary purpose of the overall agreement was to ensure better coordination between the parties and the security of the cellular operators. .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1961Cal578
..... by reference to the preamble of this very incometax act which only mentioned 'an act to consolidate and amend the law relating to incometax and supertax' and the purpose of this incometax act but also with reference to the preamble of the first indian incometax act of 1886 (act 2 of 1886). see the observations of bhagawati j. at page 255 of the supreme court reports: (at p. 407 of ..... the same and the department shall be free to bring the same under assessment either upon such report or by proceedings taken under the ordinary income-tax law.'8. thereafter on the 27th january, 1955, notices were issued under section 34 (1) (a) of the indian income-tax act on messrs. soorajmull na-garmull and its partners. these proceedings are pending relating to the assessment ..... ) and (2) of the incometax act of 1922 was ..... air). it was then held that that the right conferred on the assessee by section 64(1 .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1941Bom161; (1941)43BOMLR167
..... the sail of one half of the highway, ... and a similar presumption arises in the case of a private or occupation road.28. under the indian law also there is a presumption that a highway, or waste land adjoining thereto, belongs to the owners of the soil of the adjoining land [nihal ..... who were really absolute proprietors of their estates could not be justified unless they were described as having a lesser interest than proprietorship, and the preamble of the act, therefore, began with stating that 'the talukdari estates are now only held on leasehold tenure determinable at the pleasure of government.' this recital, ..... not necessary to dwell on it at length. the lower court held that the plaintiff's suit was time-barred under article 120 of the indian limitation act as his rights to the lands in suit were negatived by the government long before the suit was filed. in fact, according to the lower ..... been considered in two cases of our high court. referring to this preamble it has been observed in the collector of thama v. dadabhai bomanji i.l.r. (1876) 1 bom. 352 (p. 361):--the correctness of this statement is very questionable. the reports of elphinstone, chaplin, grant duff, robertson, and others, indicate very ..... paid by the thakor. but nothing further seems to have been done in the matter.10. in the same year the bombay survey and settlement act (i of 1865) was enacted. section 4 empowered the government to direct extension of a survey to any part of the presidency for the settlement of .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1962SC1589; (1963)65BOMLR349; 2SCR625
..... law and that under the indian law. no doubt, as pointed out by lord wright in chichester diocesan fund & board of finance (incorporated) v. simpons (1944) a.c. 341 the term 'charity' has not, in england, always had a precise connotation. what constituted a charitable purpose has there been derived from the preamble of the act 43 elizabeth i ..... objects are analogous to those mentioned in the statute are admitted to be charities; and again, institutions which are analogous to those already admitted by reported decisions are held to be charities. the pursuit of these analogies obviously requires caution and circumspection. after all, the best that can be done is ..... that every purpose of general use to the community must be a charity is just about as logical as to draw from a statement in the report of an insurance society that 'persons insured with us may be divided into men, women, and children' the deduction that every man, every woman ..... the community. it would not be an application funds for a charitable purpose.' 35. scowcroft's case which is referred to by finlay, j., is reported in  2 ch. 638. under a will a particular property was devised to be set apart 'to be maintained for the furtherance of ..... to the object which the lokmanya sought to achieve by the two newspapers. learned counsel for the appellant invited our attention to the reported decision of the bombay high court where certain writings and articles of the late lokmanya came up for consideration, and in particular to .....Tag this Judgment!
Court : Chennai
Reported in : AIR1930Mad727; (1930)59MLJ358
..... conclusion,that where a, sum of money was payable under a charlerparty after the right delivery of the cargo, in cash two months after the date of the ship's report inwards at the custom house, although the time was ascertained and became settled by the event, the money was not payable at a 'time certain' within the meaning of the ..... discusses the earlier english decisions on the same point, namely, merchant shipping co. v. armitage (1873) l.r. 9 q.b. and duncombe v. brighton club and norfolk hotel company (1875) l.r. 10 q.b. 371 in that case, lord herschell expressed the view that, where the time of payment is stated to be 'as soon after the 1st of ..... which we are bound. in fact, the argument of the learned advocate is precisely that which was adopted in the case of duncombe v. brighten club and norfolk hotel co (1875) l.r. 10 q.b. 371 a different view had been taken by the exchequer chamber in the earlier case of merchant shipping co. v. armitage (1873) l.r. 9 ..... indian act, as its preamble shows, reproduces for this country the terms of lord tenterden's act. what then are the cases which are saved by the proviso lord lindley in his judgment in london, chatham and dover railway co. v. south eastern railway co. (1892) 1 ch. 120 (c.a.) attempts to state in what cases, before the act, interest was granted first at common law .....Tag this Judgment!