Court : Supreme Court of India
Decided on : Sep-30-1958
Reported in : AIR1959SC65; [1959]1SCR1424
..... applicants had never been placed before the chief commissioner who, under r. 1 of ch. 5 of the delhi liquor license rules, 1935, framed under section 59 of the punjab excise act (punjab 1 of 1914), as extended to delhi, was the only competent authority empowered to grant l-2 license for wholesale and retail vend of foreign ..... year has gone past and accordingly in the changed circumstances we direct the chief commissioner to fill up the vacancy caused by the closure of the business by messrs. army and navy stores by inviting applications from intending licensees including the appellants and messrs. gainda mall hem raj and granting the same to the most suitable party. we, ..... granting the same was a nullity on account of its not having been made by the competent authority, the vacancy caused by the closure of business by messrs. army and navy stores will still remain to the filled up and the appellants will yet have a chance of having their application considered by the competent authority. we .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-16-1958
Reported in : AIR1959SC488; [1959]Supp1SCR922
..... the arbitrator and laid down the following principle for the ascertainment of compensation :- 'therefore, in deciding upon a fair rent, for the purpose of section 23 of the land acquisition act, it must be a notional fair rent of a hypothetical tenant, and the assessment of such notional fair rent must be based upon a consideration ..... mensem inclusive of taxes in the from of rent as compensation. as the appellant did not agree to this compensation the matter was referred under section 19 of the defence of india act to an arbitrator mr. j. de. he held that rs. 2,200 per mensem fixed by the land acquisition collector was a fair ..... section 23(1) of the land acquisition act, 1894, and one of the principles of ascertaining compensation is to evaluate the potentialities of the land or the premises as the case may be which differ under different circumstances. the arbitrator in evaluating the potentialities said :- 'in 1943, when the building was first requisitioned, the controller of army .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-19-1958
Reported in : AIR1958SC578; (1961)ILLJ339SC; (1964)ILLJ9SC; [1959]1SCR12
..... the kumbakonam branch of the s.r.v.s. ltd., is not an industrial establishment as that expression has been used in the several sections of the act................. i need refer only to section 3 of the act to negative the contention of the learned counsel for the madras union, the s.r.v.s. ltd., with all its branches should be ..... :- 'the provisions of article 14 of the constitution have come up for discussion before this court in a number of cases, namely, chiranjit lal chowdhuri v. the union of india : [1950]1scr869 m, the state of bombay v. f. n. balsara : [1951]2scr682 , the state of west bengal v. anwar ali sarkar : 1952crilj510 , kathi raning rawat v. the ..... on the fundamental right enshrined in art. 19(1)(g) has been laid down by this court in two decisions : in chintaman rao v. the state of madhya pradesh : [1950]1scr759 mahajan j. (as he then was) observed at p. 763 :- 'the phrase 'reasonable restriction' connotes that the limitation imposed on a person in enjoyment of the right .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-30-1958
Reported in : AIR1959SC107; [1959]1SCR1440
..... or parties to a proposition and opposition. it is not bound to take action under s. 53-a or any other section of the act. it has to consider the question from the point of view of policy and expediency and the exigencies of the case which ..... it thinks that action should be taken, then it has further to decide for itself as to which of the two sections it would act under. if the state government considers that the incompetency does not run to a grave extent and the exigencies of the situation ..... . (2) [1950] s.c.r. 621, 720. in the statute itself that the state government has a duty to act judicially when it appoints an executive officer under s. 53-a. nor has any procedure been prescribed as to the manner in which the power under this section is to be ..... to act judicially said at p. 641 : there are no express words in s. 3 or any other section, to impose such a duty (to determine judicially); nor is there anything to compel us to hold that such a duty is implied (1) [1951] a.c. 66,78. (2) [1950] .....
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