Court : Kolkata
Reported in : 1994(74)ELT827(Cal)
..... learned trial judge also held and observed that neither the said order nor the said public notice is contrary to and/or inconsistent with the provisions as contained in section 3 of the imports and exports (control) act, 1947 and the policy of the government of india to restrict the entry of the goods through two specified ports did not, in the opinion of the learned trial court, infringe the rights of the appellants- ..... there the supreme court observed as follows :- ' the next question is whether the said policy offends article 14 of the constitution?looking at the policy disclosed by sections 7 & 8 and section 128 of the act and applying the liberal view a law of taxation receives in the application of the doctrine of classification it is not possible to say that the policy so disclosed infringes the rule of equality. ..... in view of the finding that the appellants were entitled to import the said goods to the calcutta port, we direct the customs authorities to issue wharf rent exemption certificate in respect of the consignment being the subject-matter of this proceeding within a fortnight from date and the port authorities shall grant rebate ..... the customs authorities purported to confiscate the said goods on the ground that the importation of the said goods under the said contracts to the calcutta port was violative of the provision of the said open general licence and/or the said import policy and thus violative of the provisions of section 111 of the customs act, 1962. ..... 12 of 1900. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1973Cal148,77CWN171
..... (i) the land shall, without prejudice to any rights which the transferor or the transferee may have against each other, be deemed to be the land of the transferee for the purpose of this act; (ii) if any such land or any part thereof is retained by the transferee under the provisions of this chapter, such land or such part thereof may be taken into account in calculating the ..... of may, j953 and the date of vesting if there are prima facie reasons for believing that such transfer was not bona fide and was made with a view to defeating the purposes of the act; (ii) if the transfer be not found to be bona fide, to cancel it; and (iii) if the transfer be bona fide, to allow the transferee to retain the land transferred to him; ..... transfer of any land made during the period commencing from the date of the publication in the gazette of the relevant bill, culminating in the said act, till the date of vesting, if there are prima facie reasons for believing that such transfer was not made bona fide but with a view to defeating the purposes of ..... , published at page 750, part i of the 'calcutta gazette' of the 10th april, 1956, in respect of delegation of powers of the state government under section 5a of the west bengal estates acquisition act, 1953 to certain officers- in item (4), for 'settlement ..... in the commonwealth of australia constitution act, 1900 it is provided that the legislative power of the commonwealth shall be vested in a federal parliament while the executive power is vested .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1970Cal548
..... urged before us that in view of the fact that several points regarding the grant of licence under bengal excise act,1900 being involved in this appeal it would invite a decision for future guidance of the department. mr. ..... government may direct, also of the commissioner of the division; and (b) the excise commissioner shall be subject to the control of the state government, (2) orders passed under this act or under any rule made hereunder shall be appealable in such cases, to such authorities and under such procedure as may be prescribed by rules made under section 85, sub-section (2), clause (c). ..... advanced about the right of the petitioner to get a renewal, it is necessary to set out section 44a of the act, which is: 'no person to whom licence has been granted under the act shall have any claim to the renewal of such licence or save as provided in section 43, any claim to compensation ..... sen, learned advocate, contended that the state government has no such authority under the expression 'control' in sub-section (1) of section 8 of the act to issue the impugned direction or to interfere with the discretion of the collector, who according to him, is the sole statutory authority, who must exercise the discretion ..... to the conclusion that the expression 'control' under sub-section (1) of section 8, introduced by the bengal excise (amendment) act, 1965 cannot authorise the state government to interfere with thelicensing power vested by the statute and the rules made thereunder by the .....
Tag this Judgment!Court : Karnataka
Reported in : 2012ILR(Kar)2275
..... registered as the occupant (or to be continued as a tenant):(h) the inamdar whose rights have vested and in the state of mysore under clause (b) shall be entitled only to compensation from the government as provided in this act:(i) the relationship of landlord and tenant shall, as between the inamdar and a kadim tenant or permanent tenant or any other tenant, be extinguished:(j) the relationship of superior holder and inferior holder shall, as between the inamdar ..... they were payable and may, without prejudice to any other mode of recovery, be realized by the deduction of the amount of such arrears and cesses from the compensation money payable to such inamdar under this act;(f) no such inam shall be liable to attachment or sale in execution of any decree or other process of any court and any attachment existing on the date of vesting or any order for attachment passed ..... any contract, grant or other instrument or in any other in law for the time being in force, with effect on and from the date of vesting, and save as otherwise expressly provided in this act, the following consequences shall ensure, namely:-(a) the provisions of the land revenue code relating to alternated holdings shall be deemed to have been repealed in their application to the inam; and the provisions of ..... 1900 is referred, it is seen that the mysore forest act, 1900 passed on 16.11.1900 ..... that act vide section 117 repealed all earlier enactments (though regulation 1900 is not mentioned, karnataka forest act, 1900 is .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR2001P& H261
..... notification, it was expressly provided that 'all the powers of the punjab urban planning and development authority relating to establishment of the new town of anandgarh under the punjab town and regional planning and development act, 1995 shall be exercised by the new town planning and development authority for anandgarh'.on a perusal of the above, it is clear that even the state government has itself acknowledged the application of the provisions of ..... on the following observations in para 16 of the judgment :-'in such circumstances, it would not be right to contend that unless a final and effective scheme prepared in accordance with the provisions of chapter vii of the housing board act is in existence, the government cannot issue a notification under section 4 of the land acquisition act for acquiring the land for execution of the schemes by the housing board. ..... been admitted that out of 9,354 acres of land notified for acquisition, about 850 acres are covered 'under the preservation act, 1900. ..... is required for the purposes of the authority under this act, the state government may, at the request of the authority proceed to acquire it under the provisions of land acquisition act, 1894, and on payment by the authority of the compensation awarded under that act and of any other charges incurred in acquiring the land, the land shall vest in ..... learned counsel for the petitioners contended that under the provisions of the act, the board alone could have selected the site for the new town .....
Tag this Judgment!Court : Supreme Court of India
Reported in : [1951]2SCR747
..... violates no express condition or restriction by which that power is limited, then it is not for the court to enquire further or to enlarge constructively those conditions or restrictions; (g) that while the legislature is acting within its prescribed sphere there is, except as hereinafter stated, no degree of or limit to its power of delegation of its legislative power, it being for the legislature to determine how far it should ..... british parliament : (c) that the principle of non-delegation, founded either on the doctrine of separation of powers or on the theory of agency, has no application to the british parliament or the legislatures constituted by an act of the british parliament; (d) that in the ever present complexity of conditions with which governments have to deal, the power of delegation is necessary for and ancillary to the exercise of legislative power and is ..... and many 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 act of legislation by vesting discretion in such officers to make public regulations, interpreting a statute and directing the details of its executive even to the extent of providing for penalizing a ..... by the government from a judgment of the majority of a full bench of the calcutta high court holding that section 8 and 9 of act xxii of 1869 were ultra vires the governor-general in council as being an unauthorised ..... act, ..... .....
Tag this Judgment!Court : Kolkata
Reported in : (1914)ILR41Cal173
..... disobeying or treating with disrespect the king's writ or the rules or process of the court; by perverting such writ or process to the purposes of private malice, extortion or injustice; by speaking or writing contemptuously of the court or judges, acting in their judicial capacity, by printing false accounts or even true ones, without proper permission, of causes then depending in judgment; and by anything in short that demonstrates a gross want of that regard and respect which, when ..... court of king's bench have and may lawfully exercise within that part of great britain called england by the common law thereof; and we farther will and ordain that all judgments, rules, orders and acts of authority, or power whatsoever, to be made or done by the said supreme court of judicature at fort william in bengal shall be made or done by and with the concurrence of the said four judges or so many or such one of ..... . i do not mean to say that this indicates the limits of our jurisdiction; but in this case the acts complained, of, namely printing and publishing, were committed in calcutta and on the facts of the case i do not think that the contempt alleged need be considered from any point of view except the effect that it may have on ..... trying court, though i do not think he can be heard to say that when he speaks of a special magistrate he does not mean a sessions judge, and his impressions as to the effect of the criminal law amendment act 1900, and the conspiracy act, 1912, are erroneous ..... ( ..... [ ..... [ .....
Tag this Judgment!Court : Chennai
Reported in : (1900)10MLJ138
..... less than 30 days previous to a day to be specified in such notice as the day upon which such assessment will be revised by the chairman.section 262(1), no assessment charge or demand of a tak under the authority of this act shall be impeached or affected by reason of a mistake in the name, residence, place of business or occupation of any parson liable to pay the tax or of any mistake in the amount, of assessment or tax or by reason ..... in any court to recover money paid in respect of any tax, toll or fee assesseu or levied or any payment collected under this act, or to recover money or damages by reason of any assessment made, tax or toll or fee levied, or any payment under this act.provided that the provisions of this act relating to the assessment and levy of taxes, tolls on fee and to the collection of payments have been in substance' and in ..... opinion, intended to covers neglect to comply with the express provisions of the act such as we find in the present case, nor can we agree with the vakil's contention that section 262(2) refers only to defects in regard to the first imposition for the year of a tax throughout the municipality, and not to the provisions of the act relating to its subsequent assessment on individuals, for the section refers to such ..... 71(2) is a defect of an essential character since it deprives the tax payer of the opportunity provided by the act of obtaining redress by an appeal to the municipal council whose decision the law declares shall be final.7. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1946All161
..... it was suggested that the central legislature could not, in exercising the power conferred by section 102(1), delegate any power with which it was itself invested to an authority prohibited by the act, and that, as section 297(1)(a) bars the provincial legislature (or provincial government) from prohibiting or restricting the import or export of goods into the province, the provincial legislature could not, in exercise of powers conferred on the central ..... section 92, commonwealth of australia constitution act, (1900) provides that trade, commerce and intercourse among the states shall be absolutely free ..... the consideration of this question one must take note of the fact that it is well settled that even though the powers of the indian legislature are 'limited by the act of parliament which created it,' that legislature has, when acting within those limits, plenary powers of legislation as large and of the same nature as those of parliament itself' : vide queen v. ..... the contention of the learned counsel on this part of the case is that by reason of the limitations imposed by section 297, constitution act, the provincial government could not prohibit the movement of grain and its export beyond the limits of the united provinces and this is so in spite of the wide powers conferred by the provisions of rule ..... porter : air1943cal377 , a case decided by a special bench of three learned judges of the calcutta high court, at p. ..... croydon and norwood tramways co. ..... croydon and norwood tramways co. .....
Tag this Judgment!Court : Chennai
Reported in : (1901)11MLJ241
..... is a public servant, vide section 21, clause (5), indian penal code, and like a juryman he is expected to form and give his opinion on the evidence given at the trial and not to act upon his personal knowledge of any relevant facts of the case without giving evidence of the same as a witness in the case (vide section 294, criminal procedure code) and he may also like ..... in law inasmuch as the case was not tried by a competent tribunal, the following are the facts:--the trial began on the 23rd august 1900 with the aid of two assessors as was right and was regularly continued with the aid of the two assessors from day to day until the 5th of ..... it is not a mere court of error, but the court as a court of reference, appeal or revision is enjoined by sections 537, criminal procedure code, and 167 of the indian evidence act, not to reverse or alter the finding or sentence passed by a court of competent jurisdiction on account of any error, omission, irregularity, improper admission or rejection of evidence, unless in its judgment such ..... but in determining whether the error or irregularity is cured under that section, the court is guided by the principle laid down by section 167 of the evidence act and i am at a loss to understand how it can be maintained that even if the finding and sentence appealed against wore passed by a court of competent jurisdiction, yet ..... 53 of 1900, in so far as such appeal relates to his conviction for abetment of murder by aiding the same by his act of giving .....
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