Court : Supreme Court of India
Reported in : AIR1950SC211; [1950]1SCR519
..... well as to the articles of the constitution, upon which reliance has been placed by the learned counsel for the petitioner. 18. the east punjab public safety act came into force on 29th march, 1949, and its object, as stated in the preamble, is to provide for special measures to ensure public safety and maintenance of public order ..... union from moving from one state to another. a law which does not impose barriers of this kind, it is said, cannot be inconsistent with the fundamental right secured by this clause. such a restricted interpretation is, in my opinion, not at all warranted by the language of the sub-clause. what article 19(1)(d) ..... lays down that 'an order under sub-section (1) made by the district magistrate shall not, unless the provincial government by special order otherwise directs, remain in force for more than three monthe from the making thereof.' 20. the contention of the petitioner is that the restrictive provisions mentioned above, under which a person could be .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1951SC16; (1951)53BOMLR486; 1951(0)KLT13(SC); [1950]1SCR852; [1950]SuppSCR852
..... the execution of a decree upon an application presented after the expiration of the said term of tweleve years, where the judgment-debtor has by fraud or force prevented the execution of the decree at some time within twelve years immediately before the date of the application; or (b) to limit or otherwise affect ..... destructive of the oneness of the decree and would lead to multiplicity of the periods of limitation. it is true that articles 181 and 182 of the limitation act and section 48, civil procedure code, should be read together. the articles expressly refer to the section. but they are independent or parallel provisions, different in their scope ..... may reveal a fraudulent or dishonest plan. 11. it would be convenient to set out here in extenso section 48, civil procedure code, and section 18 of the limitation act before we proceed to consider the soundness of the arguments advanced by both sides in support of the positions they have taken up. 12. section 48, civil procedure code ( .....
Tag this Judgment!Court : Supreme Court of India
Reported in : [1951]2SCR747
..... varieties of legislative action and congress has found it frequently necessary to use officers of the executive branch, within defined limits, to secure the exact effect intended by its acts of legislation, by vesting direction in such officers to make public regulations interpreting a statute and directing the details of its execution, ..... government may, by notification, on a resolution passed by the bihar legislative assembly and agreed to by the bihar legislative council, direct that this act shall remain in force for a further period of one year with such modifications, if any, as may be specified in the notification.' 482. three of the learned ..... traditional dogma of american constitutional law. but the swift progress of the nation in the industrial and economic fields and the resulting complexities of administration forced the realisation on the american judges of the unavoidable necessity for large-scale delegation of legislative powers to administrative bodies, and it was soon .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1951SC469; (1952)54BOMLR122; [1952]1SCR43
..... if the government had given effect to their expressed intention by executing an instrument in writing observing the due formalities, the respondent would, no doubt, have secured a valid title to the property with a contract binding the government not to charge revenue, supported as it was by consideration. but, as already stated, ..... in question authorized the grant of the site. there is apparently no grant in writing, confirming to the formalities prescribed by the law then in force. part of the site was wanted for the erection of stables and the question of title to that portion was considered and decided in the municipal ..... prevail against the statutory provisions regarding the disposition of property or the making of contracts by government than against the provisions of the transfer of property act requiring registered instruments for effecting certain classes of transactions. no question of estoppel by representation arises, for the government made no representation of fact which .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1952SC235; 1952CriLJ1167; [1952]1SCR710
..... amending the law relating to those several matters. by section 2 (3) of the act was to remain in force for a period of three years. the act was amended by bombay act i of 1950 and, amongst other things, the words 'security of the state, maintenance of public order and maintenance of supplies and services essential to ..... preferred by the appellants against the order made by shri m. s. patil on march 13, 1950, as the special judge appointed under the bombay public security measures act, 1947, whereby he convicted and sentenced them to death and to different terms of imprisonment under the different charges. 13. the prosecution case is shortly as ..... special judge had authority to apply the special procedure. the point for decision now is whether the continuation of the procedure prescribed by the act after the constitution came into force operates to the prejudice of the appellants and, as such, offends against their newly acquired fundamental right of equal protection of law guaranteed by .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1953SC10; 1953CriLJ180; [1953]4SCR254
..... arrested. then comes section 81 which runs thus :- 'the police officer or other person executing a warrant of arrest shall (subject to the provisions of section 76 as to security) without unnecessary delay bring the person arrested before the court before which he is required by law to produce such person.' 19. apart from the code of criminal procedure, ..... narrow limits of the phraseology of the said questions. on the next day the learned judges made an order that the girl be released on bail on furnishing security to the satisfaction of the registrar in a sum of rs. 5,000 with one surety. it is not clear from the record whether the ..... the recovery of abducted persons on both sides of the border. to implement that agreement was promulgated on january 31, 1949, an ordinance called the recovery of abducted persons ordinance, 1949. this ordinance was replaced by act lxv of 1949 which came into force on december 28, 1949. the act was to remain in force up to october 31, 1951, but it was .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1953SC333; (1953)IIMLJ123(SC); [1954]1SCR53
..... edible cashew-nut kernels. they export the edible kernels to foreign countries in large quantities. 29. in compliance with the requirements of the relevant sales tax act then in force the respondents filed returns in the prescribed forms of their respective turnovers for the period between the 17th august, 1949, and the 29th may, 1950. each ..... constitutional purpose and against its commercial background. import and export trade is principally carried on by big mercantile houses. they purchase goods locally either against orders secured from overseas buyers or in anticipation of such orders and send the goods out of india by land or sea to be delivered eventually to the overseas buyers ..... state of travancore-cochin, and it was thus a case of a person buying goods and taking delivery thereof outside the state and bringing them across the border after the transaction was completed in all respects outside the state. on the other hand, the contention on behalf of the state was that though the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1954SC92; (1954)IMLJ314(SC); [1954]1SCR587
..... to enlarge the scope of protection already given by the section to certain categories of tenants with due safeguards for the security of government revenue. the bill was eventually passed as the amending act and it came into force on march 15, 1950. it substituted by section 4 the new section 37 in the place of the original section ..... connected with agriculture or horticulture, existing at the date of issue of the notification for sale of the estate under this act : provided that notwithstanding anything contained in any law for the time being in force or in any lease or contract no person shall be entitled to hold under such a purchaser as is aforesaid any tenure ..... . his argument is that the taking of possession authorised by none of these three acts falls within article 31(2) and only illustrates the exercise of the state police power. as all the three acts were passed after the constitution came into force and as they may be challenged in future an argument founded on them will really .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1954SC119; (1954)56BOMLR681; [1954]24CompCas103(SC); (1954)IMLJ355(SC); [1954]1SCR674
..... from any state or person for any 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 ..... ]1scr869 was conclusive. i am unable to sustain any one of these contentions. undoubtedly the majority division in chiranjit lal chowdhuri's case : [1950]1scr869 has binding force till it is reconsidered or overruled by this court. but this decision, in my opinion, has no apposite application to the facts and circumstances of this case is ..... which the state is threatening to take possession of. not only will these shareholders lose their shares and be deprived of them but they will also be forced to pay large sums of money and all this will be in exercise of the powers conferred on the directors appointed by the state by the ordinance in .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1954SC202; (1954)IMLJ489(SC); [1954]1SCR913
..... referred to above were admittedly government servants that constituted a major corrupt practice and so invalidated the election under section 123(8) of the representation of the people act, 1951 (no. xliii of 1951). the other of the two decided issues does not concern this appeal. 6. the appellant thereupon petitioned the high court for ..... whose name is registered in the electoral roll of the constituency and who is not subject to any disqualification mentioned in section 16 of the representation of the people act, 1950 (xliii of 1950) may subscribe as proposer or seconder as many nomination papers as there are vacancies to be filled....' 9. according to the latter ..... now, does section 123(8) contain express provision to the contrary or can such provision be inferred by necessary implication it is usual, when one section of an act takes away what another confers, to use a non-obstacle clause and say that 'notwithstanding anything contained in section so and so, this or that will happen', .....
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