Court : Supreme Court of India
Reported in : AIR1966SC616; (1966)ILLJ41SC; 1963MhLJ101(SC); [1966]1SCR764
..... . it is not disputed that it applied to the textile industry. the c. p. & berar industrial disputes (settlement) act (23 of 1947) came into force on june 2, 1947 but only the first section was then brought into force. later, remaining sections were brought into force by a notification dated november 20, 1947 in all industries except the textile industry. from march 1, 1951 ..... government under the above section admittedly have been delegated to the second labour court bombay. section 31 of this amending act provides as follows :- '31. act not to override state laws. (1) if, immediately before the commencement of this act, there is in force in any state any provincial act or state act relating to the settlement or adjudication of disputes, the operation of such an .....
Tag this Judgment!Court : Allahabad
Reported in : [1966]61ITR57(All)
..... j. on the ground to which i have referred and the remaining grounds were disposed of by the observation that most of them had no force. the doctrine of res judicata does not operate where no appeal can be filed by a party because the relief sought by him has ..... be directed alternatively against others who stand in a representative capacity in relation to them. such persons have been described as 'representative assessee' by the act, and section 160(1)(iii) defines one class of representive assesses as :'representative assessee' means -(i)....................................(ii)...................................(iii) in respect of income which......... ..... iv)............................................'sub-section(2) of section 160 declares that every representative assessee shall be deemed to be an assessee for the purposes of the act.the petitioners say that they are not representative assessees within this definition for the assessment years 1959-60 to 1961-62 because the income relevant .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1968Guj38; (1967)GLR225
..... therefore, it is necessary to reproduce that clause first:-'46. every municipality shall . . . . make . . . . rules, but not so as to render them inconsistent with this act , . . (i) prescribing, subject to the provisions of chapter vii, the taxes to be levied in the municipal district for municipal purposes, the grounds on which exemptions area to be ..... maybe given for he temporary occupation of , or the erection of temporary structures on, public streets or for projections over public streets. chapter vii of the act, deals with municipality taxation. the chapter consists of a number of sections beginning with section 59 and ending with section 81-a. these sects are groped together ..... the court. the public interest is concerned in this matter'. on the other hand, there is considerable force in the argument of mr. nanavati based upon the case of kavalappara kottarathi kochunni v. state of madras, reported in air 1959 sc 725 at p. 734, in which their lordships have observed p. 734, in which .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1967HP21
..... 19.21. incidentally, it may be pointed out that the case, air 1954 sc 728, was decided, with reference to clause (6) of article 19, as it stood before its amendment by the constitution (first amendment) act, 1951, introducing sub-clause (ii). but the amendment act had come into force at the time of pronouncing the judgment. with reference to the ..... that the petitioners were, therefore, entitled to show that the modification contravened the provisions of chapter iv-a of the act and was not valid. this, as was observed in mohan chowdhary v. chief commr. union territory of tripura, air 1964 sc 173, is arguing in a circle. in order that the court may investigate the validity of the ..... constitution. it is not in dispute that a scheme or a modification under chapter iv-a of the act, is a law within the meaning of articles 19 and 358 of the constitution, vide h. c. narayanappa v. state of mysore, air 1960 sc 1073.9. the question, whether a citizen can challenge the validity of a law, promulgated .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1967Bom416; (1963)65BOMLR162
..... the following limits, namely:-(a) where the vehicle is a goods vehicle limits of twenty thousand rupees in all, including the liabilities, if any, arising under the workmen's compensation act, 1923, in respect of the death of, or bodily injury to employees (other than the driver), not exceeding six in number, being carried in the vehicle; (b) . . . (c) . . ..... was that by virtue of the terms of the policy the company is entitled to recover the sum awarded from the insured section 96(3) of the motor vehicles act. no application was made by the insurance company for being added as a party.(4) appropriate issues were raised and the commissioner held that sabanna was employed by ..... have to consider the questions of law raised in this appeal.(6) section 94 of the motor vehicles act lays down that no person can be allowed to use a motor vehicle in a public place, unless there is in force in relation to the use of the vehicle a policy of insurance complying with the requirements of this chapter .....
Tag this Judgment!Court : Mumbai
Reported in : (1969)IILLJ300Bom
..... to consider the questions of law raised on this appeal. 6. section 94 of the motor vehicles act lays down that no person can be allowed to use a motor vehicle in a public place, unless there is in force in relation to the use of the vehicle a policy of insurance complying with the requirements of this ..... the following limits, namely : (a) where the vehicle is a goods vehicle, limit of twenty thousand rupees in all, including the liabilities, if any, arising under the workmen's compensation act, 1923, in respect of the death of, or bodily injury to employees (other than the driver), not exceeding six in number, being carried in the vehicle : (b) * * * (c) * ..... the employees of the insured and in respect of whom the insured is under a liability to pay compensation under the workmen's compensation under the workmen's compensation act. the proviso, therefore, lays down that if the risk is to extend to an employee of the insured, then certain conditions laid down therein must be fulfilled. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1972Bom254; (1972)74BOMLR22
..... a quasi - judicial enquiry. the absence of a right to cross - examine is here considered in connection with the enquiry of the advisory boars under the preventive detention act, 1950. the enquiry by an advisory board, is not a quasi - judicial enquiry, but the function of the advisory board is limited to consider the relevant material placed before ..... all other tenants in bombay. that challenge was repelled by the supreme court in that judgment in the ground that the two classes of tenants were not by force of circumstances placed on equal footing and the tenants of government or local authority would not therefore complain of any denial of equality before the law or equal ..... open to us to take this factor into account when considering discrimination by such sub - classification. he stated that it has been held in somwanti's case air 1963 sc 51, that the binding effect of a decision does not depend upon whether a particular argument was considered therein or not, provided that the point with .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1968P& H40
..... any period prior to the date of acquisition of such property which had not been recovered under section 48 of the administration of evacuee property act, 1950, (hereinafter referred to as the evacuee act). the evacuee land situate in the above two revenue estates appeared to have been acquired by the central government by a general notification under section ..... the lease was sanctioned on 8-10-1947 (23-6-2004 bk.). the patiala evacuees (administration of property) ordinance 2004 (no. ix of 2004) had come into force from 5th september, 1947. hari ram did not pay anything beyond what he had tendered in advance.after expiry of two harvests the collector, district mohindergarh, issued him a ..... court on 11-1-1962 and was finally approved by the supreme court in abdul karim haji tayab v. deputy custodian-general, air 1964 sc 1256 which laid down-'the amended section 48 came into the act by act no. 91 of 1956 from october 22. 1956. sub-sections (1) and (2) are clearly procedural and would apply to .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1969Bom111; (1968)70BOMLR376; ILR1969Bom766
..... or the city civil court for trying the title thereto.6. extensive amendments were made chapter vii by the presidency small cause courts (maharashtra amendment) act, 1963 (act no.41 of 1963) which came into force on the 28th of november 1963. the first of such amendments was the introduction of a new provision, namely, section 42a. stated briefly, section ..... for the second time. the discussion is summed up by raghubar dayal j., who spoke for the majority, at p. 688 (of bom lr)= (at p. 1167 of air) of the report this:'as a result of the above discussion, we are of opinion that the provisions of section ii. civil procedure code are not exhaustive with respect to an earlier ..... by law'. it was held by the privy council in hook v. administrator general 48 ind app 187= (air 1921 pc 11) that the plea of res judicata still remains apart from the limited provisions of the code.the binding force therefore of a judgment depends really not upon whether section 11 in terms applies or not, but upon the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1969All142
..... full amount of fee paid on the memorandum of appeal; .....'.admittedly and clearly section 351 mentioned in section 13 of the act is section 351 of the code of civil procedure 1859 which was in force in 1870 when the act was passed and enforced. that provision was in the following terms:--'if the lower court shall have disposed of the case upon ..... local needs and adapting the first schedule to effectively serve that purpose. it was pointed out by sir lawrence jenkins, c. j. in mani mohan mandal v. ramtaran mandal, air 1917 cal 657:'the body of the code is fundamental and is unalterable except by the legislature; the rules are concerned with details and machinery and can be more readily ..... general terms, but it has to be read in conjunction with the more particular provisions of the rules.'this court examined the question in karam singh v. kunwar sen, air 1942 all 387 and allsop, j. said:'it is manifest that the civil procedure code was framed in its present form, namely in the form of an .....
Tag this Judgment!