Court : Supreme Court of India
Reported in : AIR1954SC119; (1954)56BOMLR681; [1954]24CompCas103(SC); (1954)IMLJ355(SC); [1954]1SCR674
..... also made to a decision of the punjab high court in jupiter general insurance co. v. rajagopalan . this case concerned the provisions of section 52 and 52(a) of the insurance amendment act, 1950. it was contended there that those provisions abridged the fundamental rights guaranteed by article 31(2) of the constitution. in view of the decision ..... purpose in respect of which the parliament has power to make laws.' general regulations styled as the national security regulations were made under the national security act, 1939-1943, section 5. regulation 54 relates to the taking of possession of land by the commonwealth and other regulations provide for the ascertainment and payment of compensation ..... of title in the state reliance was placed on the opinion of latham c.j. in minister of state for the army v. dalziel 63 c.w.l.r. 261.. by virtue of the provisions of section 51, placitum (xxxi) of the constitution of australia, the commonwealth parliament is empowered to make laws with respect to .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1954(2)BLJR477; (1954)56BOMLR1220; [1955]1SCR490
..... court is expected at all times to comport himself in a manner befitting his status as an 'officer and a gentleman.' in the army it is a military offence to do otherwise (see section 45 of the army act, 1950) though no notice would be taken of ungentlemanly conduct under the ordinary law of the land, and none in the case of a ..... and so render himself liable to the disciplinary jurisdiction of this court.' 18. mr. g argued that even if this was once the law, section 3 of the legal practitioners (fees) act, 1926, (act xxi of 1926) changed it and that now every legal practitioner is competent to settle the terms of his engagement and his fees by private agreement ..... . on this being reported to the high court the matter was referred to the bombay bar council and was investigated by three of its members under section 11(1) of the bar councils act. they recorded their opinion that this amounted to professional misconduct. the high court agreed and suspended mr. g from practice as an advocate of the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1955SC98; [1955]27ITR128(SC); [1955]1SCR849
..... agreement to sell becomes a sale when the time elapses or the conditions are fulfilled subject to which the property in the goods is to be transferred. section 18 of the act clearly indicates that in the case of sale of unascertained goods no property in the goods is transferred to the buyer unless and until the goods are ..... judgment pronounced by the high court of judicature at madras on the 29th march, 1951, on a consolidated reference by the income-tax appellate tribunal under section 66(1) of the income-tax act whereby the high court answered in the affirmative both the referred questions which were expressed in the following terms : (1) whether on the facts and ..... goods passed at madras and the sales accordingly were completed in british india. we are unable to accept this line of reasoning. according to section 4 of the indian sale of goods act a contract of sale of goods is a contract whereby the seller transfers or agrees to transfer the property in goods to the buyer for .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1955SC363; [1955]1ITR1035(SC); [1955]1SCR1035
..... and his will must be the offspring of his own volition, and not the record of some one else's'. 14. section 61 of indian succession act (act xxxix of 1925) enacts that, 'a will or any part of a will, the making of which has been caused by ..... it was also argued for the appellant that there was no proof that the will was duly attested as required by section 63 of the indian succession act, and that it should therefore be held to be void. p.ws. 1 and 2 are the two attestors, ..... , - these are all legitimate and may be fairly pressed on a testator. on the other hand, pressure of whatever character, whether acting on the fears or the hopes. if so exerted as to overpower the volition without convincing the judgment, is a species of restraint ..... fraud or coercion, or by such importunity as takes away the free agency of the testator, is void'. 15. illustration (vii) to the section is .....
Tag this Judgment!Court : Supreme Court of India
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
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
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 .....
Tag this Judgment!Court : Supreme Court of India
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
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
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 .....
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