Court : Supreme Court of India
Reported in : AIR2008SC3148; 2008(3)ALD147(SC); 2008(56)BLJR1811; 148(2008)DLT705(SC); JT2008(5)SC376; 2008(6)SCALE325; (2008)5SCC287; 2008(3)ICC326; 2008(3)Supreme37; 2008AIRSCW3324; 2008AIRSCW3324; 2008(3)ICC326; 2008(3)Supreme37
..... of andhra pradesh (supra) and struck down section 30(ii) of the tamil nadu buildings (lease and rent) control act, 1960 by observing that there was no rational basis in picking out the class of tenants of residential buildings paying a ..... building, if he requires it for use as an office or consulting room by his son who intends to start practice as a lawyer or as a 'registered practitioner' within the meaning of that expression as used in the punjab medical registration act, 1916 (ii of l916), or for the residence of his son who is married, if-(a) his son as aforesaid is not occupying in the urban area concerned any other building for use as office, consulting room or residence, as the case ..... to strike down the legislation on the ground of violation of article 14 of the constitution, the court observed:an indefinite extension and application of unequal laws for all time to come will militate against their true character as temporary measures taken in order ..... (supra), this court considered the question whether determination and fixation of rent under the bombay rents, hotel and lodging houses, rates control act, 1947, by freezing or pegging down of rent as on 1.9.1940 or as on the date of first letting was arbitrary, unreasonable and ..... down of rent as on 1.9.1940 or as on first date of letting, had, with the passage of time become irrational and arbitrary but did not strike down the same on the ground that extended period of bombay rent act was coming to an end on 31.3.1998. 35. .....
Tag this Judgment!Court : Gujarat
Reported in : 1984(17)ELT268(Guj); [1973]31STC115(Guj)
..... be it noted, however, that no exemption as such as granted to 'cotton fabrics' as defined in the central excises and salt act and that though the bombay exemptions act appears to have been enacted inter alia with the object of exempting goods which were to be subjected to the levy of additional duty of excise under the additional duties of excise act, it was not necessarily co-extensive with it. 11. ..... for the purpose of showing that rubberised cotton fabrics are treated as cotton fabrics within the meaning of the central excises and salt act, our attention was invited to a book entitled 'indian customs and central excise tariff', which is an official publication issued by the department of commercial intelligence and statistics, government of india; it was published on june 30, 1967 and sets out the rates of excise duty on excisable goods as on june 30, 1967. ..... section 1 of the said act came into force immediately and the remaining provisions of the said act came into force on january 1, 1960. ..... the act received the assent of the president of india on september 20, 1960 and was enacted to amend the law relating to duties of excise for the purpose of introducing metric units in such law. ..... next in point of time comes the central excises (conversion to metric units) act, 1960. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1970SC564; [1970]40CompCas325(SC); (1970)1SCC248; [1970]3SCR530
..... speeches of the deputy prime minister and of the governor and the deputy governor of the reserve rank, and also extracts from the reserve bank bulletins issued from time to time and other statistical information collected from official sources in support of thesis of the petitioner that the performance of the named banks exceeded the targets laid down by the reserve bank in its directives; that ..... the president under article 123 of the constitution to promulgate ordinances is when both the houses of parliament are not in session and this power is co-extensive with that of the legislature and the president exercises this power when he is satisfied that circumstances exist which render it necessary for him to take ..... of england act, 1946, cotton (centralised buying) act, 1947, coal industry nationalisation act, 1946, civil aviation act, 1946, electricity act, 1947, gas act, 1948, iron and steel act, 1949 and air corporations act, ..... . it was argued that under section 53 of the bombay act when a plot was reconstituted and out of that plot a smaller area was given to the owner and the remaining area was utilised for public purpose the area so utilised vested in the local authority for a public purpose, but the act did not provide for giving compensation which was a just equivalent of the land expropriated at the date of ..... . the high court further held that the decision in kochuni's case : [1960]3scr887 did not hold that article 31(2) of the constitution did not exclude .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1983SC1246; 1983(2)SCALE422; (1983)4SCC353; [1983]3SCR843
..... for purposes of the market and the provisions of a sinking fund in respect of such loans; (vii) the collection and dissemination of information regarding all matters relating to crop statistics and marketing in respect of notified agricultural produce, livestock and products of livestock; (viii) schemes for the extension or cultural improvement of notified agricultural produce, livestock and products of livestock within the notified area, including the grant, subject to the approval of the government, of financial aid ..... the specific question whether a fee levied by a market committee under the bihar agricultural produce markets act, 1960 was a fee or a tax came up for consideration before the court in lakhan lal and ors ..... 875 this court held following the view in arunachala nadar's case, supra, that the bombay agricultural produce markets act, 1939 did not violate article 19(1)(g) and further upheld the levy of market fee as a fee charged for services rendered by the market committees ..... the high court in sri vijaya cotton traders' case, supra, has dealt with the nizamabad agricultural market committee ..... 2502 of 1981 is directed against the judgment of the andhra pradesh high court dated april 21,1981 upholding the levy of market fee at 50 paisa per hundred rupees on cotton seeds by an agro-based industry engaged in the business of manufacture and sale of cotton seed oil. ..... all these writ petitions were disposed of by the high court by its judgment in sri vijaya cotton traders and ors. v. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1977Bom99
..... the provisions quoted and submitted that the learned judges erred in their constitution of these provisions and that in fact no compensation was provided, but this question about the constitutional validity of the amending act does not really fall for consideration because learned counsel for the appellant did not contest the position that after the enactment of the 17th amendment to the constitution, and the inclusion of ..... fundamental right to life and liberty as envisaged by article 21, the possessor of the right cannot have any locus standi to move the writ petition questioning the validity of the detention orders made under maintenance of internal security act, 1971, during the period the presidential order is in force.87. close reading of the judgments in liberty's case : 1976crilj945 indicate that this ratio was arrived at because of the very nature of the emergency ..... no. 21 of 1975 and also the provisions of section 7 of the bombay general clauses act, it appears to us reasonable- to hold that the proceedings initiated under un-amended act or the original act will have to be continued as if section 44-b had not been placed on ..... of providing a further imposition of fines or other types of penalty, the legislature devised to cover the field of penalty as co-extensive with the right, interest and title in the surplus ..... directed the state to file affidavits with regard to statistical data, relevant for our ..... bihar : [1959]1scr629 and in bijay cotton mills ltd. ..... and kerala : [1960]3scr887 . .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1986SC1571; (1986)3CompLJ1(SC); 1986LabIC1312; (1986)IILLJ171SC; 1986(1)SCALE799; (1986)3SCC156; [1986]2SCR278; 1986(2)SLJ320(SC)
..... wherever the word defined is used in the particular statute in which that interpretation clause occurs, it will bear only that meaning unless where, as is usually provided, the subject or context otherwise requires, an extensive definition expands or extends the meaning of the word defined to include within it what would otherwise not have been comprehended in it when the word defined is used in its ordinary sense. ..... 197, when any person who is or was inter alia public servant not removable from his office save by or with the sanction of the government is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty, no court is to take cognizance of such offence except with the previous sanction in the case of a person who is employed or, as the case may be, was at the time ..... facts in that case were that the cooperative store limited, which was a society registered under the bombay cooperative societies act, 1925, had established and was managing super bazars at different places including at connaught place in ..... the indian statistical institute is a society registered under the societies registration act, 1860, and is governed by the indian statistical institute act, 1959, under which its control completely vests in ..... cotton ..... : [1960]1scr861 reversing the high court and restoring the decree passed by the trial court declaring the appellants' title to the lands in suit and directing the respondents who were the .....
Tag this Judgment!Court : Gujarat
Reported in : [1969]24STC180(Guj)
..... ; and (e) the interest on the amount spent on the provision and maintenance of furniture and equipment provided for the canteen : provided that where the canteen is managed by a co-operative society registered under the bombay co-operative societies act, 1925, such society may include in the charges to be made for any such food, drink or other items served, a profit up to 5 per cent, on its working capital employed in running the ..... in this reference under section 61 of the bombay sales tax act, 1959 (hereinafter referred to as the act), the following two questions have been referred by the tribunal to this court :- '(1) whether on the facts and in the circumstances of the case, in respect of the sales effected by the canteen during the periods from 16th february, 1960 to 30th june, 1960, 1st july, 1960 to 30th june, 1961, 1st july, 1961 to 30th june, 1962 and 1st july, 1962 to ..... premises or otherwise mainly used in connection with such trade or business ....' 67. at page 63, their lordships referred to the contention that the main definition is extended by including in it matters which would not be there without the words of extension, and in that portion the emphasis ceases to be on the 'premises' and shifts to the nature of the ..... . the bangalore woolen, cotton and silk mills ..... this line of authorities, it was held by a division bench of the nagpur high court in bangle nagpur cotton mills club ..... bengal nagpur cotton ..... .), bangle nagpur cotton mills ..... .), davanagere cotton mills .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1969SC783; (1970)3SCC400; [1969]3SCR254
..... ' by section 8(1)(e) of the states reorganisation act, 1956, the territory of the, part c state of kutch was incorporated with the state of bombay, and by section 3(a) of the bombay reorganization act, 1960, it was included in the newly formed state of ..... during the monsoon period of 1964;(v) if patrols of indian and pakistan police should come into contact they will not interfere with each other, and in particular will act in accordance with west pakistan-india border ground-rules agreed to in january 1960;(vi) officials of the two governments will meet immediately after the cease-fire and from time to time thereafter as may prove desirable in order to consider whether any problems ..... . the dhara banni and chhad bet sector is also apparently, an extension of the mainland of sind, there is no reliable evidence about the enjoyment of the benefits of the land in die sector by the inhabitants ..... the kutch state and that claim was supported by survey maps, correspondence between the officials of kutch state and the british administration, assertions made in the annual administration reports for 75 years before 1947, statistical abstracts relating to british india, bombay administration reports gazetteers, memorandum on indian states and a number of official publications, and by the resolution of the government of bombay, dated february 24, 1914 ..... the statistical abstracts of india and pakistan which were sought to supplement the map before us only give areas and not boundaries and are, therefore .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1965Guj112; (1964)GLR705; (1965)ILLJ567Guj
..... , 1947 when the central act came into force as if from that day the bombay act ceased to be on the statute book and the notifications issued thereunder by the bombay government applying that act to the cotton textile industry also became void and of no effect, following this reasoning, sri patwari argued that there was an interregnum between 1 april, 1947 and 29 september, 1947 when the bombay industrial relations act, 1946, was brought in force the bombay act of 1938 having become ..... the industrial disputes act, 1947, has since then been amended from time to time by acts 18 of 1952, 43 of 1953, 48 of 1954, 36 of 1956, 41 of 1956 and 18 of 1957 and though extensive additions are made in the principal act, none has been shown to be repugnant to the bombay industrial disputes act, 1938. ..... 8 per employee per month, the respondent-association was barred from making a demand for a change therein for a period of five years from 1 january 1960 and therefore the reference was premature and barred by the said agreement and the award which modified the original award. ..... there is therefore no justification in the contention that because that sub-section dealt with the extension of the act, the act must be deemed to have been re-enacted and that for that reason a fresh assent for the bombay industrial relations act was necessary or that without which the act would be void. 36. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1965Guj215; (1965)0GLR137
..... from the state government concerned or such officer as may be named by the state government that he was a bona fide member of the society and that the number of cotton power-looms in his ownership and actually operated by him did not exceed four and did not exceed four at any time during the three years immediately preceding the date of ..... that every member of the co-operative society was exempt from excise duty for three years immediately preceding the date of his joining such society, (b0 that total number of cotton power-looms owned by the co-operative society was not more than four times the members forming such society, (c) that a certificate was produced by each member of the ..... the two questions that are common to all these petitions are (1) whether the petitioners are manufacturers of cotton fabrics as defined in the central excise and salt act, 1944 and the rules made thereunder, and (2) even if they are so, whether the cotton fabrics in question which they are said to have manufactured or got manufactured, attract the provisions of rules 7 and 9 of these ..... passed by the managing committee and the control committee of the society on november 17, 1960 in which the said committee had clearly stated that the society was doing the work of certain merchants from bombay on being paid weaving charges. ..... the extension of the exemption necessitated change in the first part of the notification, for, cotton fabrics manufactured by a member on looms allotted to him but not owned by the .....
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