Court : Supreme Court of India
Decided on : Sep-06-1955
Reported in : AIR1955SC661; [1955]2SCR603; [1955]6STC446(SC)
..... joint family and any society, club or association which sells or supplies goods to its members'. 53. by the bihar finance act, 1950 the words 'in bihar' were omitted from this definition. clause (g) of the same section defines sale. that definition has undergone various changes from time to time. the period we are concerned with in this appeal ..... that it confers on the states proprio vigore, a power to tax sales when the conditions mentioned therein are satisfied. agreeably to this view, the bihar finance act, 1950 (act xvii of 1950) substituted for the words 'who carries on business of selling or buying goods in bihar' the words 'who sells or supplies any goods'. the point to ..... are serving, in so far as they are not subject to the army act (or the air force act); and (e) for all persons employed or serving in or belonging to the royal indian marine service'. 306. this topic was again dealt with in section 99(2) of the government of india act, 1935, which runs as follows : '99. (2) without .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-19-1955
Reported in : AIR1956SC202; [1955]2SCR1076; [1956]7STC113(SC)
..... purchases were also made locally by other departments. it was then that on the 1st july 1941 the bengal legislature passed the bengal finance (sales tax) act, 1941 which by section 5(2)(a)(iii) exempted sales to the indian stores department, the supply department of the government of india and any railway or water transport administration ..... under the ministry of works, housing & supply, that in 1918 a department called the contracts directorate had been constituted as a purchasing organisation for the needs of the army. with effect from the 1st january, 1922 the indian stores department was constituted as a result of the recommendations of the stores purchase committee. the functions of this ..... by the mills to the government of india under the aforesaid contract and demanded a sum of rs. 9,401-10-6. 5. on the 6th december 1950 the mills filed a petition under article 226 of the constitution of india before the high court at calcutta. in the petition the mills impleaded as respondents the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-28-1955
Reported in : AIR1955SC309; 1955CriLJ865; [1955]1SCR1302
..... impression in the acquittance roll was that of the appellant was sufficient, when taken along with other circumstances, to establish his guilt, and accordingly convicted him both under section 465 and section 409 of the indian penal code. this appeal by special leave is directed against this judgment. 3. in support of the appeal it is argued by mr. ..... ram singh v. emperor [1939] f.c.r. 159 is a decision of the federal court on the necessity for sanction under section 270 of the government of india act, 1935, which is similar in terms to section 197(1) of the code of criminal procedure. the facts in that case were that a sub-assistant surgeon was charged under ..... of duty or not must depend on the special circumstances of each case'. 17. in albert west meads v. the king [1948] l.r. 75 indap 185, an army officer had received two sums of money, and was subsequently unable to produce them. he was charged with criminal misappropriation, and convicted. he contended that the conviction was illegal .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-08-1955
Reported in : AIR1956SC66; 1956CriLJ156; [1955]2SCR955
..... fact alone is not sufficient to make the commissioner on commissioners any thing other than a court and it is to be noted that the definition of court in section 3, evidence act, is very wide indeed as it reads 'court' includes all judges and magistrates and all persons, except arbitrators, legally authorised to take evidence'. the learned judges there relied ..... , to a military man who is called before a court of inquiry of this kind for the purpose of testifying there upon a matter of military discipline connected with the army'. 26. both these cases, the one before the court of appeal and the other before the house of lords, were concerned with the extension of the principle of immunity ..... an hoc tribunal an exercise by a court of judicial power'. 19. the same principle was reiterated by this court in bharat bank limited v. employees of bharat bank ltd. [1950] s.c.r. 459 and maqbool hussain v. the state of bombay [1953] s.c.r. 730, where the test of a judicial tribunal as laid down in a .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-31-1955
Reported in : AIR1956SC44; [1955]28ITR941(SC); (1956)IMLJ79(SC); [1955]2SCR925
..... doubt if chapters v and vii of the criminal procedure code can be read as an exhaustive enumeration of all the powers of a search party. anyhow, section 6, sub-section (9) of the investigation commission act makes the provisions relating to searches applicable only 'so far as they can be made applicable'. 23. the two english cases relied on are ..... of tables. they tied him with a rope and assaulted him causing injuries. on these facts, he filed a complaint on 27-12-1950 against h.c. bhari and three others (names unknown) under sections 323, 341, 342 and 109, indian penal code. 6. the four officials and some policemen raided the armenian street premises on the ..... a.k. bose and p. mukherjee, to carry out the search. 5. the authorised officials went to the kalakar street premises, third floor on the morning of december 1950. matajog dobey, (appellant in criminal appeal no. 67), the darwan of kashiram agarwala, says that when he found them forcibly breaking open the entrance door of the flat he .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-15-1955
Reported in : AIR1955SC775; [1955]2SCR469
..... of the nomination paper, the provision aforesaid had no application. that raises the question as to when the appellant became a 'candidate' for purposes of section 123(7). section 79(b) of act no. xliii of 1951 defines a candidate thus : 'candidate' means a person who has been or claims to have been duly nominated as a candidate ..... declaring the election of the appellant to the legislative assembly void on the ground that there had been a violation of section 123(7) of the representation of the people act no. xliii of 1951. under that section, it is a major corrupt practice for a candidate or his agent to incur or authorise the incurring of expenditure in ..... made by the appellant, that if they were so included, the maximum prescribed was exceeded, and that therefore section 123(7) had been contravened, and accordingly declared the election void under section 100(2)(b) of the act. the appellant disputes the correctness of this order. the tribunal also recorded as part of the order a finding .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-17-1955
Reported in : AIR1956SC110; 1956CriLJ285; [1955]2SCR995
..... again on the scene, he found that the construction was being proceeded with. a police constable was then posted for watch under section 365(3) of the act, and he continued there till 10-11-1950, on which date the respondent wrote to the corporation that he would not proceed further with the construction. the police watch ..... xvii, and (2) whether the question of inconvenience to neighbours was relevant for the purpose of deciding whether an order for demolition should be made under section 363 of the act. they accordingly granted leave under article 134(1)(c), and that is how the appeal is now before us. 6. the first question that arises ..... is the owner of house no. 36, armenian street, calcutta. on 28-10-1950 the building inspector of the corporation discovered that some new masonry structures were being constructed on the fifth storey of that house. a notice under section 365 of the act was immediately served on the respondent directing him to stop forthwith further constructions pending .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-22-1955
Reported in : AIR1955SC425; [1955]2SCR1
..... point has been decided by three constitution benches of this court. in hari vishnu v. ahmad ishaque : [1955]1scr1104 , the effect of section 105 of the representation of the people act was not considered, but the court laid down in general terms that the jurisdiction under article 226 having been conferred by the constitution, limitations cannot ..... facilitate justice and further its ends : not a penal enactment for punishment and penalties; not a thing designed to trip people up. too technical construction of sections that leaves no room for reasonable elasticity of interpretation should therefore be guarded against (provided always that justice is done to both sides) lest the very means ..... a prima facie case. therefore, if he is suddenly confronted with a contest after he has closed his case and the defendant then comes forward with an army of witnesses he would be taken by surprise and gravely prejudiced. that objection is, however, easily met by the wide discretion that is vested in the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-07-1955
Reported in : AIR1955SC493; 1955(0)BLJR442; [1955]2SCR186
..... on contracts and successions with a commentary by jagannath tercapanchanana (4th edition, published by higginbotham & co., madras, 1874), vol. i, book ii, chapter iii, section ii, pages 360 to 381 deal with the topic of partnership among priests jointly officiating at holy rites. a perusal thereof and particularly of placita 28 to 44 ..... under placitum 43). 'wives and others, disqualified by sex for the performance of holy rites, cannot appoint a substitute; as defiled person cannot perform a solemn act ordained by the vedas, therefore wives have no property in the office of priest.' 12. now apart from the question whether this passage can be taken to ..... widow entitled thereto. it is alleged, that there is no authority for this construction. * * * *the text which ordains that 'a person unable to act shall appoint another to act for him,' is the foundation of this construction : but the property of an outcaste, or other person disqualified for solemn rites, is absolutely lost, in the .....
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