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 : 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 : 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 : AIR1954SC229; 1954CriLJ712; [1954]1SCR933
..... of persons, hindu or muslim, from pakistan into india was naturally regarded as fraught with the possibility of espionage and sabotage the prevention of which was essential for the security of the dominion of india. further, an uncontrolled entry of large numbers of people was calculated to place and in fact placed a tremendous strain on the economy of ..... be said that the sentry on guard at any of the check-posts on the frontier between the two countries can prevent not only unauthorised entry of a citizen by force but can also throw him out if the person has managed to enter surreptitiously. exactly what the sentrys' duties are was not argued before us. they would naturally ..... officer at the check-post would have been well within the law to prevent a violation of section 3 of the act and with that end in view to prevent that person, who had no permit, from crossing the border and entering india. i have no doubt that the officer might also have prevented a person from pakistan from crossing .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1959SC107; [1959]1SCR1440
..... to perform the duties imposed on it or under- taken by it by or under this act or any other enactment for the time being in force and that a general improvement in the administration of the municipality is likely to be secured by the appointment of a servant of the government as the executive officer of the committee........ ..... perform the duties imposed on it or undertaken by it by or under this act or any, other enactment for the time being in force and the state government considers that a general improvement in the administration of the municipality is likely to be secured by the appointment of a servant of the government as the executive officer of ..... perform the duties imposed on it or undertaken by it by or under this act or any other enactment for the time being in force and the state government considers that a general improvement in the administration of the municipality is likely to be secured by the appointment of a servant of the government as the executive officer of .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1959SC609; 1959CriLJ782; [1959]Supp(2)SCR87
..... in holding that the impugned provision contained in the first part of s. 36(1) is constitutional and valid. 14. then it is urged that the act which came into force on march 29, 1949, was due to expire and did expire on august 14, 1951, and so the proceedings taken against the appellant under the summons ..... with this question it would be relevant to recall the tragedy of the holocaust and the savage butchery and destruction of property which afflicted several parts of the border state of punjab in the wake of the partition of india. faced with the unprecedented problem presented by this tragedy, the legislature thought that the dangerously disturbed ..... 36(1) is invalid. we are not impressed by this argument. in ahuja's case : 1952crilj1167 the objects of the impugned act were the expediency of consolidating and amending the law relating to the security of the state, maintenance of public order and maintenance of supplies and services essential to the community in the state of bombay. these .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1962SC633; [1962]Supp1SCR206
..... . the trustees accepted the trust and entered upon their duties. they took possession of the immovable properties covered by the trust. they paid off the secured creditors, and in regard to unsecured creditors they arranged to pay 50% of their dues by selling the immovable properties either to the creditors themselves or ..... recover possession and re-sell the properties referred to in paragraph (c), (3) to distribute the proceeds rateably amongst the unsecured creditors and perform such other acts and functions as may be necessary to effectuate the trust in question. the learned attorney general contends that clause (c) asks for adjudication or declaration that the ..... reads thus : 'in connection with this estate, in all proceedings to be taken you three unanimously or according to the decision of the majority shall act'. we have carefully compared all the translations, and we fell no difficulty in holding that the translation supplied in the earlier litigation is somewhat inaccurate, whereas .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1963SC222; [1963]2SCR353
..... again started proceeding for recovering the amounts due and the petitioner now seeks by this petition to have those proceedings quashed on the ground that the impugned act was not in force at the material dates and that it is void being in contravention of arts. 14 and 19(1)(f) and (g) and that further the ..... aspects. the question may be looked at from the stand point of (i) creditor, (ii) debtor, (iii) debt, and (iv) realisation of debt. the patiala act, after the constitution came into force, extended to the entire pepsu area. take three classes of creditors in that area - (i) the patiala bank, (ii) the state bank of india, and (iii ..... of the state of punjab and the said act continued to have force in that part of punjab which was pepsu before merger. after the constitution came into force, the petitioners and the appellants in the aforesaid writ petitions and civil appeals respectively borrowed money from the said bank on the security of their properties. the bank authorities ascertained .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1963SC928; [1963]Supp2SCR435; [1963]14STC355(SC)
..... is not a case in which the tax has been levied by the deputy commercial tax officer by mis-construing certain provisions of valid act, but is a case where the taxing officer had no jurisdiction to assess the tax on account of the invalidity of the rule ..... for the respondents. the contention that art. 304(a) is attracted only when the impost is at the border i.e., when the goods enter the state on crossing the border of the state, is not sound. art. 304(a) allows the legislature of a state to impose taxes ..... movement or the transport of goods from one part of the country to the other that is intended to be saved, and if any act imposes any direct restrictions on the very movement of such goods it attracts the provisions of art. 301, and its validity can be ..... exercise of power conferred on him under s. 19 of the act and would therefore have statutory force. in fact, sub-s (5) of s. 19 provides that the rules shall have effect as if enacted in the act. we therefore do not agree that r. 16 is not a .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1964SC381; 1964CriLJ217; [1964]4SCR797
..... question would arise and that relates to the validity of the impugned sections of the act and the relevant statutory rules. on the 8th september, 1962, the chinese aggressively attacked the northern border of india and that constituted a threat to the security of india. that is why on the 26th october, 1962, the president issued ..... that conferred by the statute. by reason of art. 372 of the constitution, the code of criminal procedure, including s. 491 thereof, continued to be in force until altered, repealed or amended by the competent legislature or other competent authority. article 225 of the constitution expressly preserved the high courts' powers and jurisdiction, ..... authority to make orders providing for, all or any of the following matters, namely. (15)notwithstanding anything in any other law for the time being in force,- (i) the apprehension and detention in custody of any person whom the authority empowered by the rules to apprehend or detain (the authority empowered to detain .....
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