Court : Kolkata
Reported in : AIR1964Cal500,68CWN958
..... find from a perusal of the paragraph 26 of the petition that it states as follows :'the petitioner submits that the union of india being vitally interested in the validity of the constitution (fifteenth amendment) act 1963, a copy of the rule nisi prayed for may property be served on the union of india for its intervention in the.se proceedings, if soadvised. ..... in the present case, no assent of the governor was taken in any state (or at least in 11 states) and therefore there was no valid resolution ratifying the amending bill and the amending act has not been validly passed. ..... objection of the petitioner is as follows : article 168 is in chapter iii of the constitution is entitled -- 'the state legislature' it runs as follows :'168 (1) for every state there shall be a legislature which shall consist of the governor, and (a) in the states of bihar, bombay, madhya pradesh, madras, mysore, punjab, uttar pradesh and west bengal, two houses; (b) in other states, one house. ..... am not informed as to what happened in the remaining four states, save and except that in west bengal, no assent of the governor was taken. ..... such resolution was passed by three states (uttar pradesh, maharashtra, madhya pra-desh). ..... dictionary meaning of legislature' is a duly constituted body of men in a state or nation, empowered under the constitution to enact amend or repeal the laws. ..... the definition section is article 366 which contains no definition of the word 'legislature ..... 168 is not a definition section at all. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1965P& H62; [1964]15STC746(P& H)
..... trade were sent in these cases from mumbai to punjab and the tax under sales tax act could levied and collected only in the state of maharashtra from which the movement of the goods commenced'.in answer to the first objection, it was said on the return filed on behalf of the excise and taxation commissioner, punjab that the period of time mentioned in section 11a of the east punjab general sales tax act had no application at all because the additional assistant ..... it is true that the liability to pay tax under the central sales tax act, which may have accrued prior to the 1st october 1958 is not intended to be wiped out by the amendment not claim that it is not liable to pay tax under the years in question and all it claim is that the authorities in the punjab state have no jurisdiction to make an assessment and levy and collect such tax. ..... the additional assistant excise and taxation commissioner proposes to levy tax under the central sales tax act in respect of inter-state sales on the view that the documents of title had been transferred at amritsar in the state of punjab while the goods were in movement from bombay to punjab. ..... 3(b) of the central sales tax act, 1956 the tax is to be levied by the state in which the sale is effected' and that in the present cases the document of title were transferred at amritsar while the goods were in movement from bombay to punjab and the punjab state authorities were there fore entitled to levy the tax. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1965Guj248
..... when the bombay reorganisation act, 1960, was passed, section 71 was introduced into that act, whereby section 47a was amended and a new section, section 48, was added to the act. ..... consequent upon passing of the states-reorganisation act, 1958 the legislature passed the road transport corporations (amendment) act, 87 of 1956, whereby section 47a was introduced into the act. ..... paragraph 7 provided for the transfer of assets and funds of the existing bombay corporation and laid down that subject to the other provisions of part ii of the order, all land and all motor vehicles machinery, stores, articles and other goods belonging to the existing bombay corporation on the 31st march 1959 shall, if situated within the gujarat area, passes to the gujarat corporation and if situate within the maharashtra area, remain within the existing bombay corporation. ..... section 42 deals with the necessity for permits in the case of transport vehicles and provides that now owner of a transport vehicle shall use or permit the use of the vehicle in any public place, save in accordance with the conditions of a permit granted or countersigned by a regional or a transport authority authorising the use of the vehicle in such place. .....
Tag this Judgment!Court : Gujarat
Reported in : (1965)6GLR788
..... in the said decision their lordships were concerned with section 34 as it stood before the bombay tenancy and agricultural lands (amendment) act 1955 and bombay act xv of 1957 came into force. ..... ancestor but not of any other processor-in-title from whom title is derived whether by assignment or court sale or otherwise of if the landlord is a member of a joint family in the name of a member of such family.it has to be noted that the maharashtra government also thought it necessary to amend the clause by act iv of 1961 and the amended clause (d) in the maharashtra act stands as under:the land leased stands in the record of rights or in any public record or similar revenue record on the 1st day of january 1952 ..... and thereafter during the period between the said date and the appointed day in the name of the landlord himself or of any of his ancestors but not of any person from whom title is derived whether by assignment or court sale ..... even the fact that the name of his father an ancestor was in the record of rights during the required period did not save his right. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1965Bom224; (1965)67BOMLR101; ILR1965Bom394; 1965MhLJ290
..... that definition of 'public purpose' in section 3(f)(2) which was amended so far as the state of maharashtra is concerned by the land acquisition )bombay amendment) act, 1953, is no 'public purpose' as understood upon the authorities and in any case, the bombay amendment is illegal and void under articles 14, 19 and 31 of the constitution. ..... in which the (appropriate) government shall have declared by notification in the official gazette that it is customary for the government to make such provisions (and it housing scheme as defined in the land acquisition (bombay amendment) act, 1918: and (2) the acquisition of land for purposes of the development of areas from public revenues or some fund controlled or managed by a local authority and subsequent disposal thereof in whole or in part by lease, assignment, or sale, with the object of securing further development'. ..... the variations were as follows: (1) where the executive authority was permitted, at it discretion, to apply without modification (save incidental changes such as name and place), the whole of any central act already in existence in any part of india under the legislative sway of the centre to the new area:this was upheld by a majority ..... (5) where the authorisation was to repeal laws already in force in the area and either substitute nothing in the area and either substitute nothing in their places or substitute other laws, central or provincial, with or without modification:this was held to be ultra vires by a majority .....
Tag this Judgment!Court : Mumbai
Reported in : (1965)67BOMLR484
..... the preamble runs thus:whereas, it is expedient to make better provision for the prevention of fire, explosion and other danger to life, health and property in premises where certain articles are stored, and certain trades and processes are carried on, and for that and certain other purposes further to amend the bombay municipal corporation act;...turning to schedule m part ii, mineral oils with which we are concerned in this case fall under the category ' a- ..... a person need not obtain a licence for the transport or storage of non-dangerous petroleum if the total quantity in his possession at any one place does not exceed five hundred gallons and none of it is contained in a receptacle exceeding two hundred gallons in capacity.section 8(1) provides:-notwithstanding anything contained in this chapter, a person need not obtain a licence for the import, transport or storage of dangerous petroleum not intended for sale if the total quantity ..... section 3(1) provides-no one shall import, transport or store any petroleum save in accordance with the rules made under section 4.sub-section (2) of section 3 provides-save in accordance with the conditions of any licence for the purpose which he may be required to obtain by rules made under section 4, no one shall import any dangerous petroleum, and no one shall transport or store ..... section 394, as it stood before its amendment by maharashtra act ..... this act was repealed and replaced by the petroleum act xii of 1886, the preamble of which was .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1966Bom194; (1966)68BOMLR295; 1966MhLJ289
..... it is to be remembered hat excepting the addition of the words 'or partition' after the words transfer change has not been effected either in the strut of sub - section [7] of or in any other sub - section of section 38 or the any other part of the act so far is material and relevant in constructing the effect and ambit of the change brought about by the amendment in sub - section [7] of section 38 by the maharashtra act xliv of 1963. ..... these special civil applications are:-(2) the common question of law that arises in all these case is whether a landholder who has commenced proceedings for terminating the lease of a tenant under section 38(1) of the bombay tenancy and agricultural lands [vidarbha region and kutch area] act, 1958, and for possession of that land is not entitled to any relief in respect of the land held by this tenant if the said tenant of was a protected lessee whose rights as such protected lessee , had ..... the petitioners claimed that having bona fide acted as a paten agent and in practice as such prior to the passing of the act he was entitled to the be registered with out payment of fees because he had passing to he act he was entitled to be registered with out payment of the fees because of had acquired a right under section 27 section 27 of had a saving clauses of which protected the rights of a person for an act done rights acquired or liability incurred before the commencement of this act and the question that was in practice .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1966SC249; (1967)69BOMLR69; [1966]59ITR73(SC); 1966MhLJ185(SC); [1965]3SCR499
..... it is true that the judgment shows that the privy council took the view that even the constitutional validity of the taxing pro- vision can be challenged by adopting the procedure prescribed by the income-tax act; and this assumption presumably proceeded on the basis that if an assessee wants to challenge the vires of the taxing provision on which an assessment is purported to be made against him, it would be open to him to raise that ..... is that the action of the committee in compelling it to pay the tax in excess of the amount which was constitutionally recoverable from it in respect of any one year was ultra vires, that thereby the provisions of section 142-a have been transgressed and, therefore, this was a case of utilization by the committee of the provisions of the act and the rules made thereunder for doing something which was prohibited by the government of india ..... act was, in its turn, repealed by the bombay provincial municipal corporation act, ..... 68 of that act, the municipal committee directs that the said amendments shall come into operation on the 1st august, 1941: amendment for the figure and the word 'anna' occurring in clauses (a) and (b) of the rule, the figure and word '4 annas' shall be substituted. ..... into force and is saved by that ..... referred to as the company) is a private limited company having its registered office at calcutta and a branch office at dhamangaon which was formerly in the province ,of central provinces & berar but is now in the state of maharashtra. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1967Bom109; (1966)68BOMLR187; 1967CriLJ440; ILR1966Bom803
..... may be summed up as follows: in the first place, the petitioners were detained under the orders of the authorities, such as, commissioner of police, bombay, and the district magistrate, thana, on 29th and 30th december 1964 along with hundreds of communists all over the country at the instigation of the union home minister, new delhi. ..... detention are challenged as invalid is that the said orders were passed while the orders of detentions passed by competent authorities, such, as the commissioner of police, bombay, and the district magistrate, thana, were in force and also because they were passed during the pendency of the habeas corpus petitions filed in the high court. ..... the order runs as under:government of india,ministry of home affairsorder whereas the central government is satisfied that with a view, to preventing shri anant bhaurao savant from acting in any manner prejudicial to the defence of india, civil defence, the public safety and the maintenance of public order, it is necessary to make the following order; now, therefore, in exercise of the power conferred by clause (b) of sub-rule (1) of rule 36 of the defence ..... the state government of maharashtra suggests that, not only there was no collusion, but the two governments acted independently of each other. ..... later on, the applications were amended, and the central government has now been added ..... was filed at the police station, jandiale, that offences under sections 307, 324, 364 and 367, indian penal code, had been ..... 'save as .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1966SC722; 1966CriLJ597; [1966]2SCR142
..... sub-sections (6) & (7) as amended and incorporated read as follows : '(6) it shall be the duty of the board to advise the state government on the question whether any article mentioned in sub-section (1) is fit for use as intoxicating liquor and also on any matters incidental to the question, referred to it ..... the amending act been ..... that these preparation were manufactured within the state of maharashtra by manufacturers licensed under the medicinal and toilet preparations (excise duties) act 16 of 1955 and were issued from a bonded warehouse. ..... the duty of the board to advise the state government on the question whether any article mentioned in sub-section (1) containing alcohol is unfit for use as intoxicating liquor and on such other matters incidental to the said question as may be referred to it by the state government ..... no more alcohol shall be used in the manufacture of any of the articles mentioned in section 24a than the quantity necessary for extraction or solution of the elements contained therein and for the preservation of the articles : provided that in the case of manufacture of any of the articles mentioned in section 24a in which the alcohol is generated by a process of fermentation the amount of such alcohol shall ..... of the bombay prohibition act 25 of 1949, and was sentenced to suffer rigorous imprisonment for three months and to pay a ..... thereafter a police report was filed in the court of the magistrate, first class, on june 2, 1962 charging the appellant with .....
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