Court : Supreme Court of India
Reported in : [1950]SuppSCR317
..... special leave, is directed against an award made by the all-india industrial tribunal, dated the 19th of january, 1950. the tribunal was constituted by the central government under section 7 of the industrial dispute act and a large number of dispute between several banking companies and their employees were referred to it for adjudication. amongst ..... does not exercise some of the important judicial functions of the state. considerable stress was laid by mr. alladi on the provisions of secs. 15 of the act. section 15 enacts as follows :- '(1) where an industrial dispute has been referred to a tribunal for adjudication, it shall hold its proceedings expeditiously and shall, as ..... but for the exception it was considered that these would be within art. 136 clause (1). it is quite clear from the various provisions of the army act that the decisions of military tribunals or courts are subject to confirmation either by the commander-in-chief or various other military authorities. it is only after .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1950SC172; (1950)52BOMLR745; [1950]20CompCas179(SC); [1950]1SCR391
..... counsel for the plaintiffs contends that both the courts below were in error in holding that there has been no contravention of the provisions of section 105-c of the indian companies act. that section is in the following terms :- 'where the directors decide to increase the capital of the company by the issue of further shares such ..... both the lower courts and that contention must fail. 5. that leaves the question whether the issue of these shares was in contravention of section 105-c of the indian companies act. that section runs as follows :- 'where the directors decide to increase the capital of the company by the issue of further shares such shares shall ..... it is further contended that the resolution of the directors and the offer of shares contained in the circular later were in contravention of section 105-c of the indian companies act. there were further prayers restraining the company and directors from proceeding with the allotment of shares. it was contended that he company was not .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1950SC188; (1950)NULLLLJ921SC; (1950)ILLJ921SC; [1950]1SCR459
..... special leave, is directed against an award made by the all india industrial tribunal, dated the 19th of january, 1950. the tribunal was constituted by the central government under section 7 of the industrial disputes act and a large number of disputes between several banking companies and their employees were referred to it for adjudication. ..... but for the exception it was considered that these would be within article 136, clause (1). it is quite clear from the various provisions of the army act that the decisions of military tribunals or courts are subject to confirmation either by the commander-in-chief or various other military authorities. it is only after ..... not exercise some of the most important judicial functions of the state. 36. considerable stress was laid by mr. alladi on the provisions of sections 15 and 19 of the act. section 15 enacts as follows :- '(1) where an industrial dispute has been referred to a tribunal for adjudication, it shall hold its proceedings expeditiously .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1950SC222; (1951)53BOMLR1; (1950)IIMLJ703(SC); [1950]1SCR621
..... the learned attorney-general cannot therefore be supported. 132. as regards the other branch of the appellant's contention the decision really hinges on the true construction of section 176 of the constitution act. section 176(1) stands as follows : 'the federation may sue or be sued by the name of the federation of india and a provincial government may sue or ..... one hand powers to carry on trade as merchants; on the other hand they had delegated to them powers to acquire, retain and govern territories to raise and maintain armies and to make peace and war with native powers in india. but the liability of the east india company to be sued was not restricted altogether to claims arising out ..... to say, there were two parties contesting and the minister as an outside authority, was deciding the case.' in the very recent case of patri shaw v. r.n. roy [(1950) 54 c.w.n. 855], a division bench of the calcutta high court dissented from this very bombay case [(1949) 51 bom. l.r. 342], which is now .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1951SC41; (1951)53BOMLR499; [1951]21CompCas33(SC); [1950]1SCR869
..... of my learned colleagues, to state the reasons for my conclusions in some detail. 71. on january 9, 1950, the governor-general of india, acting under section 42 of the government of india act, 1935, promulgated an ordinance, being ordinance no. ii of 1950, concerning the sholapur spinning and weaving company, limited, (hereafter referred to as the said company). the preambles and ..... , in my opinion, have been intended by our constitution. as said by rich j. in the minister for state for the army v. datziel (1943-1944) 68 (1943-1944) 68 c.l.r. 261, while dealing with section 31 (xxxi) of the australian constitution - 'property, in relation to land, is a bundle of rights exercisable with respect to ..... refer in this connection to an observation made by rich j. in a full bench decision of the high court of australia, [see minister of state for the army v. dalziel 68 c.l.r. p. 261], where the question arose as to whether the taking of exclusive possession of a property for an indefinite period of .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1951SC157; 1951CriLJ373; (1951)IMLJ389(SC); [1951]2SCR167
..... requirements of procedure which must be incorporated in any law for preventive detention relate to a stage after the order of detention is made under section 3 of the preventive detention act, 1950. the order of detention being thus in accordance with procedure enacted by law which is not inconsistent with any of the provisions of part iii ..... were laws for the maintenance of public security in almost all the provinces and in those laws there were provisions similar to the provisions of section 3 of the preventive detention act, 1950. it was held in many cases that in the absence of bad faith, and provided the grounds on which the authority founded its satisfaction ..... i find myself unable to agree with him on the true meaning and effect of article 22, clause (5), which is reproduced in section 7 of the preventive detention act, 1950. (hereinafter referred to as 'the act'). put shortly, the question that falls to be decided is : is it within the competence of the court to examine the grounds .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (1951)53BOMLR982; (1951)IIMLJ141; [1951]2SCR682
..... is, in our view, no irreconcilable conflict here such as would necessitate recourse to the principle of federal supremacy laid down in section 100 of the constitution act. section 14-b does not purport to restrict or prohibit dealings in liquor in respect of its importation or exportation across the sea or land ..... warships, troopships, and military and naval messes and canteens, the legislature has acted arbitrarily and capriciously or it has proceeded here also on the basis of reasonable classification. the learned attorney-general referred us to several statutes, army regulations and certain provisions of the constitution, in order to show that the ..... section 136(1); section 136(2) (b), (c), (e), (f); and section 139(c). the high court also held rule 67 of the bombay foreign liquor rules and notifications nos. 10484/45 (c) and 2843/49 (a), dated the 30th march, 1950, invalid. it further held that the word 'addict' in the medical certificate was not warranted by the provisions of the act .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1952SC245; (1952)IIMLJ255(SC); [1952]1SCR849
..... bom. p. 309 : thackersay v. harbhum, i.l.r. 8 bom. p. 432 , and this principle has been accepted by and recognised in the shri badrinath temple act, section 25 of which provides for framing of bye-laws by the temple committee inter alia for maintenance of order inside the temple and regulating the entry of persons within it ..... endowments in the temple committee. it was asserted, further, that all gifts made within the precincts of the temple would vest in the temple committee under section 3(b) of the act and that the committee had the absolute right to regulate entry of persons inside the temple. 10. a number of issues were framed after this written ..... mention that in many of the hindu temples of renown in india, the pilgrims after their worship is finished, or even before that, are literally besieged by an army of mendicants including many sadhus or ascetics, the begging brahmans who abound in all sacred places, and even people who are associated with various duties in the temple itself .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1952SC227; (1952)IIMLJ265(SC); [1952]1SCR765
..... case of lucas v. harris (18 q.b.d. 127, where the question arose with reference to a pension payable to two officers of her majesty's indian army. section 141 of the army act, 1881 provided : 'every assignment of, and every charge on, and every agreement to assign or charge any... pension payable to any officer or soldier of her majesty ..... : 'in considering whether a receiver of a retire officer's pension ought to be appointed not only the language but the object of section 141 of the army act, 1881 must be looked to; and the object of the section would, in my opinion, be defeated, and not advanced, if a receiver were appointed.' 9. lord justice lopes reiterated the same thing ..... and lost its original nature of being a compulsory deposit. the case of dominion of india, representing e. i. ry. administration and another v. ashutosh das and other (1950) 54 c.w.n. 254 refers no doubt to rajindra narain singh's case but does not discuss it in any detail. roxburgh j merely states 'surely it is an .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1954SC92; (1954)IMLJ314(SC); [1954]1SCR587
..... i agree with that portion of the judgment of my learned brother justice s. r. das which holds that the impugned section 7 of the bengal land revenue sales (west bengal amendment) act, 1950 (west bengal act vii of 1950) is intra vires and for the reasons stated by him. 88. a larger question has, however, been raised as to ..... also drawn our attention to statutes, namely, act xlvii of 1950 (the insurance (amendment) act, 1950) passed on the 20th may, 1950, and which has added several sections to the insurance act, 1938, act li of 1951 (railway companies (emergency provisions) act, 1951), passed on the 14th september, 1951, and act lxv of 1951 (industries (development and regulation) act. 1951) enacted on the 30th october, ..... word has been used in articles 9, 11 and 19(1)(f) and not as implying any transfer or vesting of title. in minister of state for the army v. dalziel 68 c.l.r. 261.) a full bench of the high court of australia had to construe the scope of the legislative power with respect .....
Tag this Judgment!