Court : Allahabad
Reported in : AIR1954All538; (1954)IILLJ279All
..... the public safety or convenience, or the maintenance of public order or supplies and services essential to the life of the community, orfor maintaining employment, it may, by general or special order, make provision-(a) for prohibiting, subject to the provisions of the order, strikes or lock-outs generally, or a strike or lock-out in connection with any industrial dispute; (b) for requiring employers, workmen or both to observe for such period ..... order and may, thereafter, require the employers, workmen or both to observe those very conditions in future during the period specified in the order under clause (b) of section 3 of the act.it is, therefore, clear that, giving retrospective effect' to an order passed under clause (b) of section 3 would be clearly against the intention of the legislature as it would permit the ..... supplies (temporary powers) act, the central government is empowered, in so far as it appears to it necessary or expedient for maintaining or increasing supplies of any essential commodity, or for securing their equitable distribution & availability at fair prices, to provide, bynotified order, for regulating or prohibiting the production, supply and ..... december, 1949, the employees of various sugar factories, who have moved these writ petitions, started making various demands and, on 16-12-1949, a ..... bombay high court had to consider the question whether a dispute relating to payment of bonus was an industrial dispute within the meaning of the trade disputes act (act .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1955All12
..... the amount of which shall be determined by the compensation officer, in accordance with the principles set out in clauses first, second and third of sub-section (1) and sub-section (2) of section 23 of the land acquisition act, 1894;provided that the market value referred to in clause first of the said sub-section shall be deemed to be the market value of such land on the date of publication of the notice under section 7 or ..... in these petitions the prayer is that the court may be pleased 'to grant a writ, direction or other suitable order prohibiting the state government from acquiring the petitioners' land or interfering with their rights in any other manner, and to grant such other ..... 'existing indian law' was there defined as meaning 'any law, ordinance, order, bye-law, rule or regulation passed or made before the commencement of part iii of this act by any legislature, authority ' or person in any territories for the time being comprised in british india, being a legislature, authority or person having power to make such a law, ordinance, order ..... question was whether the baurashtra state public safety measures (third amendment) ordinance, 1949, was void under article 13(1) on the ground that it violated the ..... state of bombay : 1952crilj1167 that learned judge said:'it is now well established that while article 14 forbids class legislation it does ..... bombay ..... to the immediately preceding words 'authority or person', and has drawn our attention to the case of -- 'state of bombay v. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1954All501
..... instance in which more than one offence, but not exceeding three committed in different transactions, could be tried together, that sections 234, 235, 236 and 239 were exceptions to the general prohibition contained in section 233 and that the true construction to be placed upon the four preceding sections was that they laid down the circumstance in which joinder of trials could take place and ..... when there were more than one exceptions to the prohibition all of them have to be read together because they carved out an area which was not covered by the prohibition, that so long as a particular joint trial was 'permitted by one section or the other taken either singly or jointly it could not be said ..... penal code, or of any special or local haw, shall bedeemed to be an offence of the same kind as an attempt to commit such offence, when such an attempt is an offence,section 235 (1) if, in one series of acts so connected together as to form the same transaction more offences than one are committed by the same person, he may be charged with, and tried at one trial for every such offence.2. ..... expressed by the full bench of the bombay high court and by the sind ..... 900/- on 20-4-1949 and in the alternative with having cheated in respect of the same sum on the some day.the question that arose for consideration waa whether these four charges ..... 2,500/- on 12-4-1949 and in the alternative was charged .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1954All393
..... dun, was not competent to issue the prospecting licence the terms of which were not in consequence binding on the state government; (c) the prospecting licence was never acted upon and was superseded by permits dated 22nd november and 24-11-1949; (d) that the prospecting licence was bad for want of registration; (e) that the period of the prospecting licence not having been extended no agreement subsisted at the ..... of a mining lease and pointed out that the central government had permitted the provincial government to grant mining lease, pending the issue of rules to be framed by the central government under the new act, in accordance with the instructions issued to them by the central government and his prayer was that, in case of any further unavoidable delay in the execution of the mining lease, orders might ..... lease, temporary or otherwise, has been granted to the association, but the government relies on the fact that it issued on 22-11-1948, a temporary permit valid up to 31-3-1949, authorising the association to extract twenty thousand tons of limestone, and says that it was this permit which was meant by the phrase 'temporary mining lease' in the agreement. ..... . as regards the other minerals, the petitioner was told that 'prima facie' at that time there was no prohibition against the grant of permission to private parties to exploit those minerals and that the petitioner's application would be considered ..... similar view was taken by the bombay high court in -- 'secretary ..... bombay .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1954All257
..... been argued that this article not only safegiards the right of the citizen to inter-state trade, but it safeguards the rights also to intra-state trade, but the impugned act prohibits the petitioners from carrying on both inter-state and intra-state trade.i am unable to accept this argument because, in my opinion, what the article safeguards is ..... banking was included among the activities described as 'trade, commerce and intercourse', and as these were to be absolutely free, an act which prohibited the business from being carried on between one state and another was a bad piece of legislation.their lordships relied on ..... only. but where ample provision is made for carrying on the trade and the trade would continue to flow as before, the fact that certain individuals have 'been prohibited from taking part in it would not, in any way, go to contravene the provisions of article 301.article 301 safeguards the right of a community ..... state government may, in the case of transport vehicles to be used by the state government or by the state government in conjunction with railway provide for dispensation from observance of the provisions of chapter iv of the motor vehicles act, 1939, as respects- (i) the necessity of taking but or granting or countersigning permits, (ii) the duration and renewal of permits, (iii) the conditions attached to permits, (iv) the cancellation and suspension of permits, (v) ..... was placed by the learned counsel bn the case in 1949-2 all er 755 (c), which is a ..... bombay .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1954All362
..... was again denned as meaning any property in which an evacuee has any right or interest (whether personally or as a trustee or as a beneficiary or in any other capacity, and section 11(2) of this act provided that the property forming the subject-matter of 'wakf-alal-ausad' was to vest in the custodian subject to the rights of the beneficiaries under the 'wakf, if any, who are not evacuees; ..... further, it is urged that the matter falls under clause (d) of that section also, inasmuch as the custodian general or the custodian is empowered by the act to determine whether a certain property is evacuee property or not, and when the evacuee property consists of wakf-alal-aulad property of which the evacuee is the mutwalli, the custodian general or custodian will have ..... there is no provision in the various evacuee acts, and ordinances which even impliedly prohibit a court of appeal from determining the correctness of an adjudication ..... i of 1943 was passed on the 24th of june, 1949, and section 5 of the ordinance provided that all evacuee property situate in the united provinces shall vest in the custodian and the word 'property' was defined as including any property, right or ..... advocate-general of bombay', air 1920 bom 152 (z9); --'air 1936 oudh 213 (fb) (a); -- ' ..... appellant that section 46 cannot affect the jurisdiction of the high court, though it may affect the jurisdiction of the lower courts and in this connection reliance was placed upon a decision of the bombay high court in -- 'p. r. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1954All728
..... 1950 pc 69 (e) was the bombay abkari act, which prohibited, without permit or licence, possession of any intoxicant or hemp in excess of a certain quantity. ..... is to have effect 'subject to any provision that may be made on or after the appointed day with respect to the new high court by any legislature or authority having power to make such provision' (see clause 18).as the amendment act has been held to be 'ultra vires' and as no other provision has been made by any legislature or authority having power to make such provision, the amalgamation order remains in force. ..... 31 was expressed in wide and unqualified terms and it was far-fetched to suggest that so far as the provision in, the bombay abkari act covered foreign liquors it was legislation with respect to import and export across customs frontiers mentioned in entry no. ..... amendment and validation of proceedings) ordinance, 1949, had expired and it was necessary to retain permanently on the statute book some of its provisions that opportunity was taken to make some additional provisions in the act to provide for a more representative and expanded bar council and to make it a permanent body and that sincethe establishment of a new bar council mighttake some time, provision was made for an 'ad hoc' bar council.the ..... section 12 permits the continuation of all actions or proceedings commenced by or against the allahabad and avadh bar councils before 19-10-1949 and pending on that date. .....
Tag this Judgment!Court : Allahabad
Reported in : 1954CriLJ1485
..... , he argued that the state legislature has not made a law with respect to persons entitled to practice before the high courts even though the effect of it is to mane them governed by the principal, act with modifications, the contention is unsound.there is absolutely no analogy between what has been done in the present instance by the state legislature and what is done by executive authorities in exercise of powers specifically conferred ..... king air 1950 fc 69 (e) was the bombay abkari act, which prohibited, without permit or licence, possession of any intoxicant or hemp in ..... for an 'ad hoc' bar council.the important provisions of the amendment act are the following :- section 3 dissolves the old allahabad and avadh councils with effect from 19-10-1949 and provides for the establishment of a bar council for the new high court. ..... amendment and validation of proceedings) ordinance, 1949, had expired and it was necessary to retain permanently on the statute book some of its provisions that opportunity was taken to make some additional provisions in the act to provide for a more representative and expanded bar council and to make it a permanent body and that since the establishment of a new bar council might take some time, provision was made ..... of all actions or proceedings commenced by or against the allahabad and avadh bar councils before 19-10-1949 and pending on that date. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1954All144
..... taken to the effect that article 226 did not permit the court to assist the petitioner as writs of 'certiorari' and 'prohibition' could not issue unless the impugned order was a judicial or quasi-judicial order and that an order requisitioning property did not ..... :'the contention on behalf of the plaintiff has been, that, although the words of the statute, taken in their literal sense, without any qualification at all, would create a justification for the act which the district board has done, the powers granted by that statute are subject to a qualification which has been repeatedly recognised, that no man is to be deprivedof his property without having ..... decision of the provincial government that certain property was required for a public purpose was not a judicial or quasi-judicial decision but an administrative act, and that therefore the bombay high court had no jurisdiction to issue a writ of 'certiorari' in respect of the order of requisition. ..... further contention was that a writ of mandamus could issue only for the purpose of requiring the doing of a positive act and that in that case as no positive act was required from the state, the petitioner was not entitled to the relief or reliefs asked for.on the above state ..... controlled cotton cloth and yarn dealers licensing order of that year came into operation, and in 1949 the petitioner applied for and was granted a licence in form e1, that is a licence to buy and sell controlled cloth ..... in 1949 the applicant applied for and was .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1954All132
..... pointed out that the learned commissioner had found that the deceased was not guilty of disobedience of rule 7 prohibiting employees to take short cuts over dangerous places inasmuch as the evidence showed that in spite of there being safety gates close to the place where the deceased met with the ..... harbour in which his ship lies with its special risks to which only those who have business at the harbour are exposed, seems to me to have come with the protection of the act, for if he sustains an accident while using this access he sustains it by reason of risks incidental to his employment which he would not have encountered but for his employment.'48. ..... harbour in which his ship lies with its special risks to which only those who have business at the harbour are exposed, seems to me to have come within the protection of the act, for if he sustains an accident while using this access he sustains it by reason of risks incidental to his employment which he would not have encountered but for his employment. ..... permission cannot be imputed to the railway administration which is an official body, particularly in face of the statutory prohibition contained in section 122 of the act. ..... the point which requires consideration is whether for the accident of 22-5-1949, in the railway yard at lucknow junction there was any liability to pay compensation on ..... on arrival in bombay, he was directed by another of the company's officers ..... a message by one of the company's officers from kalyan to bombay. .....
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