Court : Karnataka
Reported in : AIR1958Kant150; AIR1958Mys150; 1958CriLJ1489
..... section 165-a of the indian penal code or sub-section (2) of section 5 of the prevention of corruption act, 1947.according to the provisions of the criminal law amendment act special judges of the status of a sessions judge or an additional sessions judge or an assistant sessions judge are appointed ..... in which their lordships considered the constitutionality of the criminal law amendment act of 1952.alter setting out the several provisions of the criminal law amendment act (1952) their lord-snips observed that the intention of the legislature in enacting the criminal law amendment act (1952) was to amend the indian penal code and the code of criminal procedure with ..... of the constitution of india and were therefore, ultra vires. repelling this contention their lordships observed as follows :--'the provisions of the impugned act in substance amended the indian penal code and the code of criminal procedure, 1898 pro tanto making the specified offences triable by 'special judges and all persons .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1958Kant43; AIR1958Mys43; ILR1957KAR277; (1957)35MysLJ392
..... mortgagee in possession of the mortgaged land did not require any acknowledgment.there is ho reason to think that the law was changed in this respect after the amendment by the amending act of 1029. on the other hand by converting the last paragraph of section 20 into a separate sub-section it is made quite independent of section 20 ( ..... handwriting of the person making the same' -- which has given rise to considerable conflict of opinion -- the amended act used the expression 'appears in the handwriting of or in a writing signed by the person making the payment.'the last paragraph of the old section was numbered as sub ..... principal of a debt needappear in the handwriting of the person making the payment. it was not necessary in the case of payment of interest as such. the amending act put both classes of payment in the same category.another important change that was made was that in the place of the words 'the payment appears in the .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1958Kant64; AIR1958Mys64; ILR1957KAR359; (1958)36MysLJ34
..... functions of the legislature. in my opinion, the selection of persons, from whom such tax is to be collected under the madras sugar factories control (mysore amendment) act having regard to the scope, object and provisions thereof, is an ancillary matter which can be delegated by legislature to the government.i have already mentioned that ..... other body to-determine the person from whom such tax has to be realized. in this case, the object of the madras sugar factories control (mysore amendment) act, as stated therein, is to provide for the licensing of sugar factories and regulating the supply of prices of sugarcane used in such factories and for the ..... the india sugars and refineries, ltd., hospet. in this petition the petitioner is challenging the validity of section 14 of the madras sugar factories control (mysore amendment) act and the rules framed thereunder. the facts leading up to this petition may be shortly stated as follows: the government of madras had passed an enactment known .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1958Kant70; AIR1958Mys70; (1958)36MysLJ199
..... by the enactment. shortly put the contention of the learned advocate for the petitioners on this point was as follows: by the provisions in question made in the amending act a discrimination has been made between persons whose assessment have already been completed prior to 1st april 1952 and the persons whose assessments although also of the same year ..... i am clearly of the opinion thai this contention of the learned advocate for the petitioners must fail.8. the second contention urged before us was that the amending act violates the provisions of article 14 of the indian constitution, in as much as it makes a discrimination for which there is neither an objective test nor a ..... -fold. in the first place, it was argued before us that the power given to the income tax officer to correct mistakes under the said provisions of the amending act can be exercised only if the assessment year in question was after 1st april 1952. in other words, it was contended that if the assessment year relates to .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1959Kant7; AIR1959Mys7; 1959CriLJ63; (1958)36MysLJ424
..... such other particulars as in his opinion have a bearing on the matter, and no such order made after the commencement cement of the preventive detention (2nd amendment) act 1952, shall remain in force for more than twelve days after the making thereof unless in the meantime it has been approved by the state government.'it ..... of petitioners must succeed.further, in rny opinion, the order of government detaining the persons concerned is illegal and in contravention of the provisions of the preventive detention act and clause (4) of article 22 of the constitution. the said petitioners, therefore, on this ground alone should be released. in view of the fact that ..... three months after the date of detention. it is, therefore, urged before us that the detention was illegal, inasmuch as the provisions of the preventive detention act were not followed.in support of this contention reliance was placed by the learned advocate appearing for these petitioners on article 22 clause (4) of the constitution .....
Tag this Judgment!Court : Karnataka
Reported in : (1958)IILLJ613Kant
..... came into operation. the tribunal, according to the learned advocate, in making its award retrospective in its operation, has violated the said provisions of the act and has acted contrary to the policy laid down therein. 19. the learned advocate further contended that this question as to whether or not the award of the tribunal ..... that the appellate authority shall, by order in writing, confirm the standing orders, either in the form certified by the certifying officer or after amending the said standing orders by making such modifications thereof or additions there to as it thinks necessary to render the standing orders certifiable under this ..... act and shall within seven days of its order send copies thereof to the certifying officer, to the employer and to the representatives of the workmen, accompanied, unless it has confirmed without amendment the standing orders as certified by the certifying officer, by copies .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1958Kant85; AIR1958Mys85
..... thinks necessary to render the standing orders certifiable under this act and shall within seven days of its order send copies thereof to the certifying officer, to the employer and to the representatives of the workmen, accompanied, unless it has confirmed without amendment the standing orders as certified by the certifying officer, by ..... into operation. the tribunal, according to the learned advocate, in making its award retrospective in its operation, has violated the said provisions of the act and has acted contrary to the policy laid down therein.18. the learned advocate further contended that this question as to whether, or not the award of tribunal ..... , i am also of the opinion that this dispute comes within the definition of 'industrial dispute' as given in section 2(k) of the industrial disputes act.the expression 'industrial dispute', according to the said definition, means any dispute or difference between employers & employees, or between employers and workmen, or between workmen .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1958Kant120; AIR1958Mys120; ILR1958KAR25; (1958)36MysLJ67
..... would only allow fuller details to be given of the instances which have already been supplied? mr. rajah iyer contended before us that section 90 (5) of the amended act only allows further details of the instances, which have already been supplied, to be given and does not permit fresh instances to be supplied. he contended that thisis ..... before us that these applications were filed beyond such time. mr. rajah iyer further contended before us-that section 90 (5) of the representation of the people (amendment) act, 1956, under which the tribunal purported to make the said order, only permits the tribunal to allow particulars of any-corrupt practice which have already been given-to ..... is what is meant by the expression, 'the tribunal may allow the particulars of any corrupt practice alleged in the petition to be amended or amplified' as used in section 90 (5) of the amended act. is it meant that the tribunal may allow further instances of any corrupt practice to be given or is it meant that he .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1959Kant100; AIR1959Mys100; 1959CriLJ496; (1958)36MysLJ124
..... offence and try the person accused thereof in like manner as if complaint had been made before him as prescribed in the code of criminal procedure 1898 (central act v of 1898)'this section contemplates a complaint by a police officer or a prohibition officer. 'complaint' is defined in section 4(h) of the criminal procedure code as ..... the police to discriminate between the several accused. police might in some cases hold inquiries under sections 41, 45 and lay complaint under section 51 of the act. and thereby give the accused the benefit of section 252 of the criminal procedure code, whereas in other cases they may choose to hold an investigation under chapter xiv ..... . and thereby theywere prejudiced. 4. the difficulties in these cases are the outcome of the amendments made to the cr. p. c. prior to the amendments there was one common pro-procedure for all warrant cases. section 51-a of the amended code provides that in cases instituted on police report, the magistrate is entitled to frame a .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1958Kant102; AIR1958Mys102; (1958)36MysLJ73
..... it enacted in the coorg legislative assembly in the sixth year of the republic of india as follows: 1. short title, extent and commencement.--(1) this act may be called the coorg agricultural income-tax (amendment) act, 1955. (2) it extends to the whole of the state of coorg. (3) it shall come into force on such date as the chief ..... the decision of the court as to the existence or otherwise of the authority to make such assessment has necessarily to rest on the provisions of the amended act, which the court is bound to treat as the law in force on 1-4-1951. 39. but it is contended that the assessment for the assessment year ..... done without authority. he has urged that the impugned assessment, made as it was, prior to the enactment of the amending act, was an act done without authority and could not be validated by the amendments made under the later act, which was enacted long after the appeal and the revision petition against such, assessment had been heard and decided. he therefore .....
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