Court : Guwahati
Decided on : Jan-23-1959
..... be raised.' the decisions cited by mr, seta do not govern the present case. in 1953 sca 53 : (air 1952 sc 252), the supreme court declared some of the sections of the bihar land reforms act, 1950 (act 30 of 1950), to be void and inoperative on the ground that those provisions had really nu connection with the subject of the legislation ..... the common question, which we have to decide in these applications is about the constitutional validity of the assam fixation of ceiling on land holdings act, 1956 (assam act i of 1957), which came into force on 15-2-1938 and received the assent of the president on 7-12-1956. 2. the attack on the legislation is directed on various ..... expression 'estate' in relation to any local area, has the same meaning as that expression or its local equivalent has in the existing law relating to land tenures in force in that area, and includes any jagir, inam or muafi or other similar grants. the expression 'rights' in relation to an estate has also been defined in that .....
Tag this Judgment!Court : Guwahati
Decided on : May-06-1959
..... court; or (b) he has held the office of the chairman or any other member of the labour appellate tribunal constituted under the industrial disputes (appellate tribunal) act, 1950 (48 of 1950) or of any tribunal, for a period of not less than two years. (4) the appropriate government may, if it so thinks fit, appoint two persons ..... there was no tribunal which could deal with the remaining disputes already referred under section 10(1).' 10. we are, therefore, of opinion that there is no force in the contentions raised by the counsel for the petitioner. a number of preliminary points were raised by the counsel for the opposite party. it was urged that the ..... already referred under section 10(1). that is why the government purported to appoint a second tribunal to deal with the said dispute. the minerva mills case, air 1953 sc 505, therefore, has been distinguished on the ground that in that case there was no question of cancellation of an earlier notification and withdrawing any dispute .....
Tag this Judgment!Court : Guwahati
Decided on : Mar-18-1959
..... authority is expected to select the persons or things to be brought under the operation of the law. a familiar example of this type of legislation is the preventive detention act, 1950, which having indicted in what classes of case and for what purposes preventive detention can be ordered, vests in the executive authority a discretionary power to select particular persons to ..... destroy and that, therefore, part xii is inoperative in respect of the rights conferred under part iii, it was observed that :"part iii renders void in terms only laws in force before the commencement of the constitution and the laws to be enacted by the states, that is, in future. it does not apply to the constitution itself and it is ..... am of opinion that the recovery proceedings are not barred, in view of proviso (iv) it is not necessary to examine this question.in the result, therefore, we see no force in this petition and it is rejected with costs which we assess at rs. 300.c. p. sinha, c. j. - i agree. .....
Tag this Judgment!Court : Guwahati
Decided on : Jun-08-1959
..... chagla as follows : 'turning to the first ground, the competence of the legislature must clearly be looked art from the point of view of the constitution act in force when the municipal act of 1888 was passed. ............ referring to entry 5 in the state list of the present constitution it was observed that the entry is very wide in its ..... the matter was authoritatively dealt with by the supreme court is what is known as the delhi laws case, article 143, constitution of india and delhi laws act (1912) etc., in re, air 1951 s. c. 332 under article 143 of the constitution. it was held in this case by the majority decision that there is a prohibition in ..... general principle is that the legislature cannot delegate its power to a law making authority or to any other body. it was observed by mahajan, j. in delhi laws case air 1951 sc 332 as follows: 'in my opinion, the correct proposition, on the other hand, is that unless expressly or impliedly authorised, such delegation is not permissible. .....
Tag this Judgment!Court : Guwahati
Decided on : Feb-03-1959
..... from eviction. the learned advocate-general, who appears for the appellants, resists the argument. according to him, the definition has no retrospective operation, because the amending act came into force on the day of its publication with immediate effect and there are no words to show that it was intended to be retrospective. i am unable to sustain ..... a suit for ejectment, which was tiled by the plaintiffs-appellants. the plaintiffs claim to have purchased the disputed land from one musst. forhtunnessa begum on 2-9-1950 along with other lands. at the time of the purchase, the defendant is said to have been in occupation of the suit land measuring one katha, comprised ..... of a notice expiring on the last day of the subsequent month. the appellants rely on my judgment in dharani baid v. sadhu charan ram biswakarma, (s) air 1956 assam 20. the facts there were different. there the tenancy commenced under a valid registered document for a definite period and thereafter, the tenant held over. in .....
Tag this Judgment!Court : Guwahati
Decided on : May-12-1959
..... 3). 9. the learned counsel for the state has relied on the case--superintendent and remembrancer of legal affairs, west bengal v. abani kumar banerjee, reported in air 1950 cal 437. it was held in this case that when a petition of complaint is filed before a magistrate, the magistrate may take cognizance under section 190(1)( ..... defend their case. if a trial held in those circumstances has been held by this court not to be invalid a fortiori, that reasoning applies with greater force to the present case where only a charge has been framed. the other contention is that assuming that the magistrate has an independent jurisdiction to ask for ..... petitioners argued that when the additional district magistrate transferred the complaint to mr. thomas, he had taken cognizance of the case and thereafter mr. thomas could only act under section 202 of the criminal procedure code and postpone the issue of process and refer the matter to the police officer for investigation and report, re could not, .....
Tag this Judgment!Court : Guwahati
Decided on : Dec-05-1959
..... of notices were issued by the income-tax officer on the hindu undivided family. the returns were made under protest on june 13, 1949, and on march 15, 1950, the income-tax officer made five separate orders of assessment under section 23(5) read with section 34. further orders of reassessment of the undivided hindu family were ..... respectively validated... although the liability to be charged to tax may be there the charge could be brought home only by the officer whom the act authorises acting in the manner that the act enjoins. neither in the case be of the federal court nor in any of the english cases relied on in the judgment was there ..... of tax may be administrative expediency, but by itself it constitutes no ground for refusing a stay. while determining such an application the authority exercising discretion should not act in the role of a mere tax gatherer.after having considered all the authorities, in my opinion, each case will depend upon its own circumstances. the extreme .....
Tag this Judgment!