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The State of Bombay Vs. R.M.D. Chamarbaugwala

Court : Supreme Court of India

Reported in : AIR1957SC699; (1957)59BOMLR945; (1957)35MysLJ(SC)283; [1957]1SCR874

..... a little further down, however, his lordship made a reservation that he did not intend to lay down that in no circumstances could the exclusion of competition so as to create a monopoly, either in a state or commonwealth agency, or in some body, be justified and that every case must be judged on its own facts and in its own setting of time and circumstances, and that it might be that in regard to some economic activities and at ..... 46 which while leaving untouched the commonwealth and state banks, prohibited the carrying on in australia of the business of banking by private banks, was invalid as contraventing s. ..... came the case of commonwealth of australia v. ..... the later case of commonwealth of australia v. ..... commonwealth of australia ..... commonwealth of australia ..... or ocean navigation' occurring in the section do not restrict its operation to such things and persons as are carried by land or sea but that the section extends to all activities carried on by means of inter-state transactions (commonwealth of australia v. ..... commonwealth of australia ..... the idea underlying the section was that the federation in australia should abolish the frontiers between the different states and create one australia and that conception involved freedom from customs duties, imports, border prohibitions and restrictions of every kind, so that the people of australia would be free to trade with each other and to pass to and fro from one state to another without any let or hindrance, or without any burden or .....

Atiabari Tea Co., Ltd. Vs. the State of Assam and ors.

Court : Supreme Court of India

Reported in : AIR1961SC232; [1961]1SCR809

..... section 92 of the constitution of the commonwealth of australia provides by the 1st paragraph that "on the imposition of uniform duties of customs, trade, commerce and intercourse among the states, whether by means of internal carriage or ocean navigation, shall be absolutely free" ..... it is commonplace to say that the political and historical background of the federal polity adopted by the australian commonwealth, the setting of the constitution itself, the distribution of powers and the general scheme of the constitution are different, and so it would to be safe to seek for guidance or assistance from the australian decisions when we are ..... section 92 of the commonwealth of australia act does not encompass the wide freedom guaranteed by our constitution-it protects trade, commerce and intercourse from restrictions in inter -state commerce; but in my judgment, the interpretation by the judicial committee of the privy council in ..... in this connection it may with respect, be pointed out that what purports to be a quotation from lord porter's judgment in commonwealth of australia & ors. v. ..... 92 of the commonwealth of australia constitution act and the decisions thereunder, and in that connection he observed : "we should also and that art ..... commonwealth of australia ..... commonwealth of australia (l.r ..... in the case of commonwealth of australia v. ..... commonwealth of australia ((1936) a.c ..... commonwealth of australia ((1936) a.c ..... appear to have been adopted from constitution of the australian commonwealth. .....

Sub-committee of Judicial Accountability Vs. Union of India and Others

Court : Supreme Court of India

Reported in : AIR1992SC320; JT1991(6)SC184; 1991(2)SCALE844; (1991)4SCC699; [1991]Supp2SCR1

..... prepared. on the amendment moved by sir alladi krishnaswamy iyyar the relevant provision was included in the draft in terms similar to section 72(ii) of the commonwealth of australia constitution act (1900) except the last sentence in the following terms:further provision may be made by the federal law for the procedure to be adopted in this behalf.when the matter was finally taken up by ..... at all. as has been mentioned earlier the language of article 124(4) is similar to section 72(ii) of the commonwealth of australia constitution act (1900), except with this difference that the australian constitution act does not specifically provide for any law to be made for regulating the procedure ..... the said commission has recommended that provision should be made by amendment to the commonwealth constitution for (a) extending the security of tenure provided by section 72 to all judges in australia, and (b) establishing a national judicial tribunal to determine whether facts found by that tribunal are capable of amounting to misbehaviour or incapacity warranting removal of a judge from office. ..... thereafter, an ad hoc legislation, namely, parliamentary commission of inquiry act, 1986 was enacted by the commonwealth parliament and a commission consisting of three retired judges respectively of supreme court of victoria, supreme court of australia capital territory and the federal court and supreme court of south australia was constituted to investigate into the allegations of misbehaviour. .....

Indian Young Lawyers Association Vs. The State of Kerala

Court : Supreme Court of India

..... (emphasis supplied) 23 1954 scr100544 part f the court cited with approval the judgment of the high court of australia in adelaide company of jehovah s witnesses incorporated v the commonwealth of australia24, which held that the constitution protected not only liberty of opinion but also acts done in pursuance of religious belief as part of ..... it does not mean that the mere fact that the commonwealth parliament passes a law in the belief that it will promote peace, order and good government of australia precludes any consideration by a court of the question whether that question by parliament would remove all reality from the constitutional ..... latham, c.j.of the high court of australia while dealing with the the australian provision of section 116 of constitution which the commonwealth to prohibit the free exercise of any religion made the following weighty observations [vide adelaide company ..... jehovah s witnesses incorporated in australia commenced proclaiming and teaching matters which were prejudicial to war activities and the defence of the commonwealth and steps were taken against them in 1941 a company of 11 under the national security regulations of the ..... 116, commonwealth of australia act or in article 26(b) of our constitution, it is necessary to bear in mind the observations of latham c.j.quoted earlier, namely, that those provisions must be regarded as operating in relation to all aspects of religion, irrespective of varying opinions in the community as to the truth of .....

Associated Cement Companies Ltd. Vs. P.N. Sharma and anr.

Court : Supreme Court of India

Reported in : AIR1965SC1595; [1965(11)FLR77]; (1965)ILLJ433SC; [1965]2SCR366

..... . chapter 12) provides that the judicial power of the commonwealth shall be vested in a federal supreme court, to be called the high court of australia, and in such other federal courts as the parliament creates, and in such other courts as it invests ..... section 71 of the commonwealth of australia constitution act (63 & ..... 41 of the federal income-tax assessment act, 1922-1925, to review the decisions of the commissioner of taxation, and whose members are to hold office for seven years, is a court exercising the judicial power of the commonwealth within the meaning of section 71 of the constitution of australia ..... . 71 of the australian constitution, 'the judicial power of the commonwealth' is vested in the courts therein mentioned, and no other body or tribunal can ..... , any attempt to vest any part of the judicial power of the commonwealth in any body other than a court is entirely ineffective. 31 ..... question arose for the decision of the court under sections 29(1)(b) & (c) and 29-a of the commonwealth conciliation and arbitration act, 1904-1952 ..... . in other words, it is not competent to the legislature in australia to confer judicial power properly so-called on any body or authority other than or apart from the courts ..... arbitral power in relation to industrial disputes to ascertain and declare what in the opinion of the arbitrator are to be the respective rights and liabilities of the parties in relation to each other is not to be regarded as a judicial power of the commonwealth within art .....

R.K. JaIn Vs. Union of India and Others

Court : Supreme Court of India

Reported in : AIR1993SC1769; 1993(65)ELT305(SC); JT1993(3)SC297; 1993(2)SCALE843; (1993)4SCC120; [1993]3SCR802

..... commonwealth of australia v ..... commonwealth of australia v ..... (75) alr 218, commonwealth of australia v. ..... (103) alr 267, in a suit for injunction for northern land council (nlc) against the commonwealth sought production of certain documents including 126 cabinet notebooks. ..... australian consolidated press 1985 (60) alr 7, the supreme court of australia capital territory in a suit for damages for defamation, the plaintiff, the former prime minister of australia was called upon to answer certain interrogatories to disclose discussions and words uttered at the meeting of the cabinet or of the executive council at which the plaintiff had been ..... a judge of the federal court ordered the commonwealth to produce the notebooks for confidential inspection on behalf of ..... 1991 (103) alr 267, the federal court of australia - general division, was to consider the scope of confidentiality of the cabinet papers, collective responsibility of the council of ministers and the need for discovery of the cabinet note-books and dealt with the questions thus ..... same is the law laid down by the commonwealth countries, see conway v. ..... 1987 (75) alr 218, federal court of australia - genera-1 division, the respondent had mining lease under the existing ..... the commonwealth cannot claim any immunity for public interest immunity ..... the commonwealth intervened and claimed privilege prohibiting the plaintiff to disclose by answering those ..... as unlawful within the meaning of section 5(2) of the constitutional law of the commonwealth. .....

Tan Bug Taim Vs. Collector of Bombay

Court : Mumbai

Reported in : AIR1946Bom216; (1945)47BOMLR1010

..... the learned judges, therefore, appear to have stretched the point in favour of dalziel and held that the exclusive possession of the property which was taken by the commonwealth was, together with the rights created in the commonwealth under the terms of the notice dated may 5, 1942, closely analogous to, though not identical with, compulsory acquisition of land, and was therefore an acquisition of property within the meaning of section ..... the notice directed the quartermaster, united states armed forces in australia, to occupy the land and authorised him to do in relation to the land anything which any person having an unencumbered interest in the fee simple in the land would be entitled to do by virtue of that interest and provided that, while the land remained in possession of the commonwealth, no person should exercise any right of way over the land or any other right relating thereto, whether ..... (general) regulations was an acquisition of property within the meaning of section 51(xxxi) of the constitution, so that the commonwealth could only take possession of the land under the regulation on just terms, that reg. ..... general in this connection drew the attention of the court to a decision of the high court of australia on appeal from the supreme court of new south wales reported in the minister of stale for the ..... commonwealth of australia [1936] a.c.578 the rules which apply to the interpretation of other statutes apply, it is true, equally to the ..... commonwealth of australia .....

Mansing Surajsingh Padvi Vs. the State of Maharashtra

Court : Mumbai

Reported in : (1968)70BOMLR654

..... . in that case the supreme court of australia upheld the validity of a legislative scheme whereby the commonwealth of australia imposed a high uniform income-tax, gave priority to the payment of commonwealth tax over the state income taxes, and offered to the states compensatory grants on condition that they vacated the income-tax field, in his judgment in ..... ., the plaintiffs (the states in australia) who had challenged the commonwealth acts did not rely on any express provision of the australian constitution for the purpose of showing that the impugned acts, ..... . laws imposing taxation must deal with one subject of taxation only (section 53 of the constitution), and the established practice in australia is to follow the taxation act with an 'assessment' act providing for the collection and recovery of the tax, for exemptions and ..... examined the validity of taxes imposed by two federal acts passed by the commonwealth parliament of australia ..... justify every case in which there is a taxation act containing no discriminatory provisions followed by an appropriation act, or a tax assessment act, passed by the commonwealth parliament authorizing exemptions, abatements or refunds of tax to taxpayers in a particular state ..... considering the effect of section 51(ii), or to turn a blind eye to the real substance and effect of acts passed by the federal parliament at or about the same time, if it appears clear from a consideration of all the commonwealth acts that the essence of the taxation is discriminatory .....

State of West Bengal Vs. Union of India

Court : Supreme Court of India

Reported in : AIR1963SC1241; [1964]1SCR371

..... in this connection it is to be noticed that there is under the commonwealth of australia act a provision as regards vesting of property in states and in the commonwealth on lines somewhat similar to art. ..... so too, the constitution of australia clearly demarcates the exclusive fields of the commonwealth and the states and jealously guards the state rights, but in practice the states have been reduced to the position of agencies of the commonwealth government. ..... 51(31) of the commonwealth of australia act, 1900 which specifically empowers the common-wealth to acquire 'state' property, if needed for a commonwealth purpose, on terms of payment of compensation. ..... that cannot by itself affect the federal principle, as even in australia an appeal lies to the privy council, under certain circumstances, from the decisions of the high court of the commonwealth of australia. 85. ..... 51 of the australian constitution expressly provides that the commonwealth can make a law for the acquisition of property on just terms from any state or person : see wynes' legislative, executive and judicial powers in australia, p. ..... this argument may have some relevance in america or in australia where the states are powerful under their respective constitutions, but absolutely none under our constitution whereunder the states are practically beholden to the union in many ways ..... the australian constitution contains an express power authorising legislation by the parliament of australia for acquisition of state property. .....

Sheoshankar Vs. State Govt. of Madhya Pradesh and ors.

Court : Mumbai

Reported in : 1951CriLJ1140

..... after pointing out that the parliament of the state of victoria has not yet legislated in the field alleged to have been invaded by the pharmaceutical benefits act, contended that, as there was no existing conflict between state & commonwealth legislation the declaration claimed involved a mere abstract question of law, so that there was no 'matter' within the meaning of section 75 of the constitution, it was, of course, held in 'in re judiciary act' (1921) 29 clr 257 , that there is no ' ..... . commonwealth of australia' 22 clr 268, an action was brought in the high court against the commonwealth & the attorney-general for the commonwealth for a declaration that the trading with the enemy act, 1914, section 2 (2)(b), was 'ultra vires' the parliament of the commonwealth, a declaration that the proclamation of his excellency the governor-general dated 7-7-1915 was unlawful as also a notice issued under the act, & for an injunction ..... . instrumentality is attempting to exert under cover of a valid act powers which are not capable of being conferred on it by the commonwealth parliament; or (3) if it is attempting to exert under cover of the instrument creating it, powers which that instrument does not confer ..... . the above, however, must be read in the light of powers conferred on the high court in australia by sections 75 & 76 of the constitution & section 30 of the judiciary act, 1903 .....