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Judgment Search Results Home > Cases Phrase: patents Sorted by: old Year: 1958 Page 3 of about 384 results (0.009 seconds)

Jan 27 1958 (HC)

Shankerlal Karva Vs. Tahsildar and ors.

Court : Andhra Pradesh

Decided on : Jan-27-1958

Reported in : [1958]9STC246(AP)

..... not admittedly done.3. under the aforesaid circumstances, i find no warrant in law for the recovery of the amount of rs. 2, 500 from the petitioner. there being a patent want of jurisdiction on the part of the respondents in recovering the tax from the petitioner, a writ of prohibition will issue restraining the respondents from recovering the amount of .....

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Jan 28 1958 (HC)

Potta Sitharamiah Vs. V. Virraju

Court : Andhra Pradesh

Decided on : Jan-28-1958

Reported in : AIR1959AP507

..... of mistake in law; hut where a vakil or a vakil's clerk was unaware of the existence of a specific article-(170) in regard to pauper appeals it amounts patently to ignorance of law. ignorance of law can never be excused while a mere mistake sometimes may claim condonation. 8. the appeal would be in time had it not been .....

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Jan 28 1958 (HC)

Mst. Dassi W/O Het Ram Vs. Mst. Kapuro W/O Tulsi Ram

Court : Punjab and Haryana

Decided on : Jan-28-1958

Reported in : AIR1958P& H208

g.d. khosla, j.1. this second appeal raises the question of the interpretation of section 14 of the hindu succession act, 1956.2. the facts are briefly as follows: on death of nikmo, the last male-holder and owner of the property in dispute, his widow rukmani succeeded. rukmani had a daughter tulsi by her first husband kahnu, and this tulsi's daughter dassi is the appellant before me. rukmani made a gift of the property she had inherited from her husband nikmo in favour of dassi. this gift was made on 19-7-1951. it had been preceded by a will executed by rukmani also in favour of her grand daughter dassi on 4-12-1943.after the making of the gift, possession of the land passed to dassi and a mutation was effected in the revenue papers. on 17-1-1956 kapuro, the widow of tulsi ram, a collateral of nikmo, brought a suit for possession of this property on the ground that the gift by rukmani in favour of dassi was invalid. she claimed that upon rukmani's death the property had devolved upon her through her deceased husband tulsi ram.the suit was decreed by the trial court and this decision was upheld on appeal by the district judge of patiala. dassi came up in second appeal to this court and mr. shamair chand who appeared on her behalf relied upon section 14 of the hindu succession act, 1956. this act came into force on 17-6-1956, and made a change in the law relating to women's estate. section 14 is in the following terms:'14. property of a female hindu to be her absolute property .....

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Jan 29 1958 (HC)

Parma Nand Vs. Kalyan Dass and anr.

Court : Punjab and Haryana

Decided on : Jan-29-1958

Reported in : AIR1959P& H610

..... the case, the parties are left to bear their own costs.5. mr. sarin prays that a certificate of fit-ness may be granted to him for films a letters patent appeal. as the point is not covered by any previous authority, i grant him the necessary certificate.

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Jan 30 1958 (HC)

Firm H.R. Luxman and Co. Vs. Income-tax Officer, E. Ward, Amritsar and ...

Court : Punjab and Haryana

Decided on : Jan-30-1958

Reported in : AIR1958P& H395; [1958]34ITR113(P& H)

orderl. gosain, j. 1. the petitioners messrs. h.r. luxman and company constitute a joint hindu family firm and are carrying on their business at amritsar and calcutta. they were assessed to income-tax for the years 1944-45, 1945-46 and 1946-47 by assessment orders dated 21-3-1949, 24-1-1950 and 31-8-1950, respectively. three recovery certificates in respect of the amounts of rs. 357/14/-, rs. 5,907/2/- and rs. 17,164/6/- outstanding against the assessees out of the assessments for the aforesaid years were issued on 19-1-1950, 18-1-1951, and 5-1-1952. nothing was, however, recovered. the income-tax officer made a report to the commissioner that the amounts were outstanding against the assessees and that nothing had been recovered from them on which the inspecting assistant commissioner recommended that the demands may be written off. the commissioner of income-tax on 6-2-1956, passed an order saying: 'in the circumstances, i authorise the remission of outstanding demand'. 2. on 20-9-1956, a certificate, technically called the import and export verification certificate, was issued by the income-tax officer in which he said: 'in my opinion the applicant mentioned above has been doing everything possible to pay the tax demands promptly and regularly and to facilitate the completion or the pending or outstanding proceedings. this certificate is valid for one year from the date of issue.' the department later came to know that a firmmessrs. netherland trading society, calcutta, .....

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Jan 31 1958 (HC)

S. Ratnasami Mudaliar Vs. Ponnammal and ors.

Court : Chennai

Decided on : Jan-31-1958

Reported in : (1958)1MLJ427

..... the first defendant, a.s. no. 52 of 1954. it is the correctness of that direction that is really challenged in this appeal preferred under clause 15 of the letters patent. 6. as we have said, that the question at issue between the parties has to be disposed of in accordance with section 6-a of act xxv of 1955, can .....

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Feb 04 1958 (HC)

P.T. Munia Servai Vs. Hanuman Bank Ltd. by Official Liquidator

Court : Chennai

Decided on : Feb-04-1958

Reported in : AIR1958Mad418; (1958)2MLJ96

..... of appeals. the granting of probates or succession certificates will come within the original civil jurisdiction, but it would not come under ordinary original civil jurisdiction, which, by the letters patent, seems to be confined to suits and matters under clauses 12 to 21, which refer to the exercise by the high court of its ordinary original givil jurisdiction.10. but ..... this court passed the order, dated 21st october, 1953, did not come within the purview of the ordinary original civil jurisdiction defined in clauses 11 and 12 of the letters patent could not admit of any doubt. clause 11 defined the territorial limits of the jurisdiction, suits arising within which would be tried by this court in the exercise of the ..... dealt with. in the application of that principle it is immaterial whether the ordinary original civil jurisdiction, besides that provided for by clause 12 of the letters patent is one conferred by the letters patent itself, or by a separate enactment.9. the learned counsel for the appellant referred to kuppuswami nayagar, in re (1929) 59 m.l.j. 17 ; i.l .....

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Feb 05 1958 (HC)

Rao HarnaraIn Singh Sheoji Singh Vs. Gumani Ram Arya

Court : Punjab and Haryana

Decided on : Feb-05-1958

Reported in : AIR1958P& H273; 1958CriLJ952

ordertek chand, j.1. this is an application under section 3 of the contempt) of courts act, 1952, of rao har narain singh, who, along with others, is awailing trial before the sessions judge on the allegation that he and the other accused committed offences under sections 302, 201, 376, etc., of indian penal code, on sarti devi deceased, wife of one kalu, who died in the house of rao har narain singh on the night between 18th and 19th april, 1957.2. the respondent in this case is the proprietor, editor, publisher and printer of a newspaper 'mewat', which is printed in hindi and in urdu, though not regularly. rao har narain singh was arrested on 18th may, 1957, and the challan was put in the court of the committing magistrate on 10th july, 1957. the magistrate, by his order dated 3rd september, 1957, committed him to stand his trial before the court of session. in the application under section 3 of the contempt of courts act, which is now before me for disposal, the petitioner, who is an advocate, has stated, that he is a resident of gurgaon town and previous to his arrest for the offences mentioned above, he was working as an additional public prosecutor. the respondent published in the various issues of his paper, beginning from april, 1957, news items and comments regarding the commission of the offences for which the petitioner and others have been charged. the petitioner complains, that there has been on the part of the respondent, a persistent press campaign against him .....

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Feb 06 1958 (HC)

ishar Singh Vs. Ram Saran Dass and ors.

Court : Punjab and Haryana

Decided on : Feb-06-1958

Reported in : AIR1958P& H337

g.d. khosla, j.1. the short point for decision in this execution first appeal is whether a surety bend was implicitly discharged by the execution of a subsequent surety bond by another person.2. the facts of the case are that there was a partnership between two firms relating to a workshop and a foundry. there was an arbitration clause in the partnership agreement, and when differences between the partners arose, an application under section 20 of the arbitration act was made to the court for filing the agreement and for referring the matter to arbitration. on the same day the plaintiffs made an application under order 38, rule 5 and order 40. rule 1, civil procedure code, for attachment before judgment of the machinery of the workshop and the foundry and for the appointment of a receiver.a conditional warrant of attachment was issued, but this was withdrawn on ishar singh furnishing security to the extent of rs. 1,000/-. the security was furnished on 24-4-1951. a few days later on 3-5-1951 the plaintiffs made another application under section 41, schedule ii of the arbitration act and order 39, rule l, civil procedure code, for the sealing of the factory and appointment of a receiver. this matter was compromised of the defendants furnishing security to the extent of rs. 10,000/- which was given by one durga datt. ultimately, a decree for rs. 20,0007- was passed on 13-1-1954.3. the plaintiffs now sought to enforce both the security bonds, and ishar singh's objection was that .....

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Feb 07 1958 (HC)

Mahipat Ramjas Vs. the State

Court : Punjab and Haryana

Decided on : Feb-07-1958

Reported in : AIR1959P& H379; 1959CriLJ1022

ordertek chand, j. 1. these are two connected petitions of revision and may be disposed of by one judgment. in criminal revision no. 762 of 1957, the petitioner mahipat has been prosecuted under section 9 of the punjab security of state act, no. 12 of 1953, for making an objectionable speech in village ellenahad on 10-2-1956. he is said to be a worker of socialist party and was addressing a public meeting organised by the socialists. the objectionable words uttered in urdu, which are the subject-matter of the charge, may be translated as under : 'this despicable and mean magistrate (shri nagpal magistrate first class, sirsa) does not know that he is drawing his pay from our treasury. does this despicable person not know that if his mother, sister father or brother were to remain hungry for two days, then he would feel the pain? this magistrate is most contemptible and mean. if socialist party were in power, then such a contemptible and mean magistrate would be stripped and flogged. this bastard does not know that he is drawing his salary from our treasury.' 2. the accused denied having made the above speech, but shri rule n. mahna, magistrate, on consideration of the prosecution evidence, came to the conclusion that the speech containing the above words was made by him. the magistrate was of the view that this utterance was within the mischief of section 9 of the act and finding him guilty, he sentenced him to nine months' rigorous imprisonment. the additional sessions, judge .....

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