Court : Supreme Court of India
Decided on : Feb-22-1962
Reported in : AIR1962SC1166; 1962(0)BLJR499; (1962)ILLJ294SC; [1962]Supp3SCR369
..... affidavit, deposition or record, he shall be punishable with imprisonment which may extend to six months, and shall also be liable to fine.' 23. section 128(1) of the representation of the people act, 1951, enjoins on every officer, clerk, agent, etc. who performs any duty in connection with the recording or counting of votes at an ..... arising from art. 33 would run counter to this line of argument but as regards this article his submission was that it was concerned solely to save army regulations which permitted detention in a manner which would not be countenanced by art. 22 of the constitution. we find ourselves unable to accept the argument that ..... inserted to enable special provision being made for the abrogation, if necessary, of the guaranteed freedoms in the case of two special services only, viz., the army and the police force. the approach to the question regarding the constitutionality of the rule should be whether the ban that it imposes on demonstrations would be covered .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-20-1962
Reported in : AIR1963SC104; 1978(2)ELT307(SC); [1963]3SCR642
..... as excise duty. the petitioner produces in the two units above-named, footwear for sale to the public and for supplies to the government for the use of the army and the police. the petitioner contends that though the excise duty paid by it was capable of being passed on to the consumer, it could not include it in ..... all varieties of footwear, ten percentwhether known as boots shoes, sandals, chappals, 'ad valorem'or by any other name.' 3. under the provisions of the provisional collection of taxes act, 1931, (xvi of 1931), the duty was leviable from february 28, 1954, by virtue of a declaration in the bill to that effect. on the preceding day the superintendent ..... 32 of the constitution challenging the imposition of excise duty on the petitioner by virtue of item no. 17 'footwear' of the first schedule to the central excises and salt act, 1944 (1 of 1944) with effect from february 28, 1954, and the calculation of the duty ad valorem by including in the price, charges for freight, packing and .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-02-1962
Reported in : AIR1962SC933; (1963)IMLJ70(SC); [1962]Supp2SCR989
..... , which came into force on january 1, 1948. hence the very citadel of the absolute rule of immunity of the sovereign haw now been blown up. section 2(1) of the act provides that the crown shall be subject to all those liabilities, in tort, to which it would be subject if it were a private person of full age and ..... and pointed out that as the queen could not be sued in her own courts, as the east india company could have been, it was necessary to provide by that section the mode for enforcing the liabilities of the company now devolved upon the secretary of state. then the court addressed itself to the question. would the east india company have ..... by our constitution, established a republican form of government, and one of the objective is to established a socialistic state with its varied industrial and other activities, employing a large army of servants, there is no justification, in principle, or in public interest, that the state should not be held liable victoriously for the tortious .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-15-1962
Reported in : AIR1962SC1517; [1962]Supp(3)SCR875
..... what was formerely in r. 51. this amendment also therefore makes no radicalchange in the act. section 5-aa has also been amended and the provision whichmade it necessary for the state government to require a market committee toestablish a make that been deleted ..... came into force re (1). 5. the notification is in these terms :-'no. apm/060/30797-f - in the exercise of the powers conferred by section 26of the bombay agricultural produce market act, 1939 (bom. xxii of 1939), thegovernment of gujarat hereby amends the bombay agricultural produce marketrules 1941 as follows namely :- 'in the said rules in rule ..... has beensome amendment in s. 4(2) but it is not of a radical character and does notmake any difference to the main provisions of the act. section 4-a has alsobeen amended by providing for declaration of a market proper and consequentialchanges necessary due to such provision. this amendment only brings into theact .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-20-1962
Reported in : AIR1962SC955; 1962(0)BLJR636; (1963)IMLJ40(SC); [1962]Supp2SCR769
..... stands in its present form, is the result of the several a.o.s of 1937, 1948 and 1950, as a result of the constitutional changes, by the government of india act, 1935, by the independence act of 1947 and by the indian constitution of 1950. section 124a, as it has emerged after successive amendments by way of adaptations as aforesaid, reads as follows : ' ..... speech in village mansapur, p. s. akbarpur, in the district of faizabad, on september 26, 1955, in which he is said to have exhorted the audience to organise a volunteer army and resist the government and its servants by violent means. he is also said to have excited the audience with intent to create feelings of hatred and enmity against the ..... gravamen of the offence is making, publishing or circulating any statement, rumour or report (a) with intent to cause or which is likely to cause any member of the army, may or air force to mutiny or otherwise disregard or fail in his duty as such; or (b) to cause fear or alarm to the public or a .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-20-1962
Reported in : AIR1963SC966; [1963]Supp2SCR302
..... office of the head of the math into contempt; (i) persistent and wilful default by him in discharging his duties or functions under this act or any other law.' 9. this section authorises the commissioner or two or more persons interested in the endowment with the consent of the commissioner to institute a suit for a decree for ..... the government shall be deemed to be contributions and further sums, as the case may be, paid to the commissioner under section 76(1) and section 76(2) as amended by the madras hindu religious and charitable endowments (amendment) act, 1954. (2) the government shall pay to the commissioner the balance, if any, remaining out of the aggregate of ..... as from november 1, 1956 and by virtue of s. 119 of the states reorganisation act these maths continue to be governed by act xix of 1951 till that act is modified or repealed by the mysore state legislature. 8. section 52(1) of the act as amended provides : 'the commissioner or any two or more persons having interest and .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-14-1962
Reported in : AIR1963SC516; 1962(0)BLJR654; [1962]Supp3SCR831
..... is necessary to add that the constitutional validity of s. 4(h) is not challenged and the case therefore turns on whether the property satisfies the conditions on which the section is attracted. the relief sought in this petition is based on two allegations : (1) that the land on which the buildings stand is raiyati land and therefore could not ..... the property for the benefit of a trust under a registered deed of settlement. the estate of ramgarh was notified under s. 3(1) of the bihar land reforms act (bihar 1 of 1950) for being taken over by the government of bihar and in consequence the estate statutorily vested in the state on and from november 3, 1951 ..... . section 4(h) of the bihar land reforms act enacts : 'the collector shall have power to make inquiries in respect of any transfer including the settlement or lease of any land comprised in .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-20-1962
Reported in : AIR1962SC1305; [1962]Supp3SCR346
..... its provisions to resume them. 3. it will be convenient at this stage to set out the relevant provisions of the act. section 2(1) defines 'jagir' as follows :- ''jagir' means - (a) any assignment of land revenue made by or ..... extended their dominion up to the jumna. the sikhs had also developed during this period from being a purely religious section into a military organisation, and established several states beyond the sutlej. the tract of territory between the jumna and ..... as under the present act. this act repeals ss. 8 to 8c of the punjab laws act, 1872, which were inserted by the punjab descent of jagirs act iv of 1900, and reproduces them in ss. 7 to 10. section 7(1)(b) provides ..... for the acceptance by the jagirdars of the rules of descent framed by the government by executing a written instrument, and it has been stated before us that the jagirdars have accepted the rules in the manner provided in the section .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-07-1962
Reported in : AIR1962SC1371; [1962]32CompCas514(SC); [1962]Supp3SCR632
..... noticing them in brief. the first case relied upon is a. k. gopalan v. the state : 1950crilj1383 . in that case, the validity of sections 3, 7, 10-14 of the preventive detention act, 1950, was challenged on a petition under art. 32 of the constitution for a writ of habeas corpus. certain observations of kania, c.j., and ..... detention was not considered necessary. 38. in state of madras v. v. g. row : 1952crilj966 , sections 15(2)(b) and 16 of the indian criminal law amendment act, 1908 (as amended by the indian criminal law amendment (madras) act, 1950), were called in question, inter alia, on the ground that they empowered the state to declare associations illegal ..... thakur raghubir singh v. the court of wards ajmer : [1953]4scr1049 . in that case, s. 112 of the agra tenancy and land records act (42 of 1950) was declared void. that section allowed the court of wards to take over the property of a landlord under the ajmer government wards regulation (1 of 1888) if the landlord habitually .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-21-1962
Reported in : AIR1963SC1241; [1964]1SCR371
..... of the enactment the railway company was empowered with the consent of the governor-general-in-council to take 'crown lands' for the use of the railway. section 109 of the british north america act which corresponds to art. 294 ran : '109. all lands, mines, minerals, and royalties belonging to the several provinces of canada, nova scotia and new ..... , describes it as a power of the sovereign to take a property for public use without the owner's consent. in chiranjit lal chowdhri v. the union of india : [1950]1scr869 , mukherjea, j., as he then was, accepted this definition when he said : 'it is a right inherent in every sovereign to take and appropriate private property belonging ..... 271. the constitution has not made any change in the legal position. on the other hand it has clearly indicated that the laws in force before january 26, 1950, shall continue to have validity even in the new set-up except in so far as they were in conflict with the express provisions of the constitution. the rule .....
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