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Kailash Nath Sood and ors. Vs. State of H.P. and ors.

Court : Himachal Pradesh

Reported in : AIR1993HP37

..... the census act, 1948, which enables the central government to take census whenever it may consider it necessary or desirable to do so, does not provide for a time limit for completion of the operations and for publication of the report of census ..... of the matter has lost much of its importance, firstly, because so far there has been no publication of the relevant figures found in consequence of the census held in the year 1991 and, secondly, because the total number of wards for municipal corporation shimla is already twenty-one which is the maximum number of ..... the state government feels that this is the right time to go ahead with the work of delimitation of wards on the basis of 1991 census because if it is not done before the municipal corporation polls, the very purpose of delimitation will be defeated.that in addition to delimitation of wards, there have been certain proposals ..... the elections of new municipal councillors so that they can take the oath of allegiance by december 1, 1991 at the latest, under section 7(5) of the municipal corporations act, it will be open to such of the petitioners to approach this court by way of a miscellaneous application for revival of the present petition in that regard..........'11. ..... census shall not be available to the government till the middle of the year 1992, therefore, the work of fresh delimitation of wards afresh cannot be carried out in accordance with the true spirit of provisions of sections 8 and 5 of the municipal corporations act .....

Madhu Deolekar and anr. Vs. Commissioner, Bombay Municipal Corporation

Court : Mumbai

Reported in : 1992(2)BomCR201; (1992)94BOMLR740

..... census act, 1948 came into force on 3-9-1948 ..... understand and appreciate that term, an examination of the provisions of the census act and the rules framed thereunder would be highly helpful.16. ..... 1987 bom 217 would demonstrate the actuality :'it was also reported to the government that the figures of population as per the 1981 census, in so far as the tribal/scheduled caste population are concerned were wholly incorrect as the persons not belonging to the scheduled castes and scheduled tribes got themselves recorded as scheduled castes ..... inspect any book, register or record made by a census-officer in the discharge of his duty as such, or any schedule delivered under section 10, and notwithstanding anything to the contrary in the indian evidence act, 1872, no entry in any such book, register, record or schedule shall be admissible as evidence in any civil proceeding whatsoever or in any criminal proceeding other than a prosecution under this act or any other law for any act or omission which constitutes an offence under this ..... to the scheme of the act and the rules, it could be concluded that census figures assume a needed finality only with the publication of such census statistics by census commissioner as provided under sub-rule ..... , was to demonstrate the bona fides of the government in acting in the manner in which it had done in october 1991 when it published the draft notification based on the 1981 census figures. ..... could be recognized and acted upon as the latest census figures. .....

Gulab Rai Vs. Municipal Corporation of Delhi and ors.

Court : Delhi

Reported in : AIR1990Delhi249; 42(1990)DLT121

..... the high court held that the board did not have unbridled discretion for fixing the tariff and that, having regard to the provisions of the electricity supply act, 1948, it could , be said that the agreement of the consumer to pay according to the tariff which may be in force from time to time was illegal ..... (2) of section 2?6 further states that on the dissolution of the board the provisions of the indian electricity (supply) act, 1948 relating to state electricity boards shall cease to have effect m .the union territory of delhi. ..... it is clear thereforee, that by virtue of section 286(2) of the dmc act, section 49 of the indian electricity (supply) act, 1948 ^s not applicable inasmuch as the said 1) section 49 deals with the powers of the board, regarding sale ..... the fact that the supply act, 1948 does not apply, by .virtue of the provisions of section 286 of the dmc act, nevertheless, there is nothing to prevent the corporation to keep in mind of invoke the principles or factors contained in section 49 of the supply act, 1948 while fixing tariffs. ..... (29) dealing with a case which related to section 49 of the electricity act, 1948 which embowered the board to supply electricity to any person on such terms and conditions as may be fixed from time to time and also authorised it to frame uniform policy for the purpose of the supply, ..... section 49 of the indian electricity (supply) act, 1948 contains provisions for the sale of electricity by the board to the persons ether than the .....

Pars Ram Vs. Sh. Shiv Chand and ors.

Court : Punjab and Haryana

Reported in : AIR1968P& H331

..... urged that under section 15 of the census act, 1948, no reliance can be placed on any census reports. ..... according to that section, no person shall have a right to inspect any book, register or record made by a census officer in the discharge of his duty as such, or any schedule delivered under section 10 nor can any entrytherein be admitted into evidence ..... 'it may be mentioned that the figures which have been taken from the census reports are being used for the purpose of seeing the background and the development of the population of the castes described as chamars and mochis in the ferozepore district in particular, and in punjab ..... kishan lal respondent had filed a declaration under section 33(2) of the representation of the people act, 1951 (hereinafter called 'the act') stating his caste to be 'chamar' which is mentioned in part x (punjab) of the schedule to the order ..... all the begar, or such work as cutting grass, carrying wood and bundles, acting as watchmen, and the like; and they plaster the houses with mud when they ..... only to the original books or documents which the census officer himself prepared while carrying out the task of taking census in accordance with the provisions of the act.8. ..... opinion, does not bar a reference, to any historical or statistical or similar information relating to tribes, castes or religions of persons inhabiting a particular area and it only bars inspection of any book, register or record made by a census officer in the discharge of his duty as such. .....

Kattimani Chandappa Jampanna Vs. Laxman Siddappa Naik and ors.

Court : Karnataka

Reported in : AIR1967Kant182; AIR1967Mys182; (1967)2MysLJ277

..... section 4 of the census act empowers the central government to appoint a census com-missioner to supervise the taking of the census thoughout the area in which the census is intended to be taken and the superintendents of census operations to supervise the taking of the census within the several states the said section also empowers the state governments to appoint persons as census officers to take or supervise the taking of the census within am specified local area section 15 says that the records of census made by a census officer shall not ..... nor admissible in evidence the reports of census in india prior to the coming into force of the constitution were made by superintendents of census operations for each presidency or province as the case may he the said reports are printed and published by the government and are available for sale to the public the reports of census compiled by the superintendents of the census operations do not fall within the scope of section 15 of the census act and therefore the objection of the learned ..... 1948 is a bar to the court looking into the census reports and placing reliance on the information contained therein. .....

United States Vs. Von's Grocery Co.

Court : US Supreme Court

..... the bill, in its treatment of unlawful restraints and monopolies seeks to prohibit and make unlawful certain trade practices which, as a rule, singly and in themselves, are not covered by the act of july 2, 1890 [the sherman act], or other existing antitrust acts, and thus, by making these practices illegal, to arrest the creation of trusts, conspiracies, and monopolies in their incipiency and before consummation. ..... the commission noted that the census figures, from which its data were taken, included an undetermined number of grocery firms liquidating after 1948 that merely closed their grocery operations and continued their remaining lines of business, such as nongrocery retailing, food wholesaling, ..... in 1914, congress, viewing mergers as a continuous, pervasive threat to small business, passed 7 of the clayton act, which prohibited corporations under most circumstances from merging by purchasing the stock of their competitors. ..... several years later, in 1897, this court emphasized this policy of the sherman act by calling attention to the tendency of powerful business combinations to restrain competition "by driving out of business the small dealers and worthy men whose lives have been spent therein, and who might be unable ..... this fear, congress, in 1890, when many of the nation's industries were already concentrated into what it deemed too few hands, passed the sherman act in an attempt to prevent further concentration and to preserve competition among a large number of sellers. .....

Bai Kamla Vs. B.R. Mane Patil, Competent Authority and Collector, Ahme ...

Court : Gujarat

Reported in : AIR1966Guj37; (1965)GLR221

..... accommodation consisted of one room and an open chawk with osri the premises on the ground floor were first requisitioned under the bombay land requisition act, 1948, hereinafter referred to as 'the bombay act', by the order dated july 3, 1950, and they were allotted to one dhansukhlal dave. ..... thereafter by the order dated july 7, 1961, the competent authority under the requisitioning and acquisition of immoveable properly act, 1952, hereinafter referred to as 'the central act', purported to requisition the said premises both the said orders dated june 29, 1961 and july 7, 1961 were served on the petitioner on ..... 21, 1961, passed by the competent authority is quashed only to the extent that it incorporates the notice under section 4(1) of the central act and the respondents are hereby restrained from taking possession of the petitioner's premises in question pursuant to the said notice. ..... on september 13, 1961, was handed over possession of the ground floor premises in question and on the same day a show cause notice under section 3(1) of the central act was issued to the petitioner to show cause why the same should not he requisitioned for accommodating a central government servant. ..... dated october 21, 1961, which is a composite order o requisition under section 3(2) and a notice under section 4(1) of the central act, the petitioner was asked to deliver possession of the premises in question within 5 days of the services of the notice. ..... owner of a house bearing municipal census no. .....

Firm Shri Krishna Chaudhry Vs. Commissioner of Sales Tax and anr.

Court : Allahabad

Reported in : [1956]7STC742(All)

..... sales tax act, 1948, provides that, subject to the provisions of that act, every dealer shall in each assessment year pay sales tax on his turnover of the previous year. ..... section 4 provides however that no tax shall be payable, inter alia, on such goods which the state government may by a notification in the official gazette exempt from time to time ; and on the 7th june, 1948, the state government issued a notification exempting from the provisions of the act various classes of goods including as item no. ..... sales tax act. .....

State of Bombay Vs. Jamnadas Gordhandas

Court : Mumbai

Reported in : (1955)57BOMLR155; (1956)IILLJ307Bom

..... /1 was a shop within the meaning of the bombay shop and establishments act, 1948, distinct from the shop of the accused in municipal census no. ..... that the words 'and includes' must be read along with all the preceding words in the definition, that is to say, that the shop as defined in the first part, will, for the purposes of the act, be deemed to include its office, storeroom, godown, warehouse or workplace and that such office, storeroom, godown, warehouse or workplace will consequently not have to be separately registered under s. 7. 20. ..... position, no doubt, is somewhat inconsistent with the popular notion about the denotation of the term 'shop', but for the purpose of carrying out the object of the act, the legislature has deliberately introduced an artificial definition of the term 'shop' and has treated an office, a storeroom, godown, warehouse or workplace as itself constituting a shop ..... 2(27) of the bombay shops and establishments act, 1948, and the case has been referred to me for decision. ..... contemplates only one postal address being communicated to the inspector shows that the legislature intended that the office, storeroom, godown, warehouse, workplaces of a shop should for the purposes of the act be deemed to be a separate shop, in which case its postal address would also have to be reported separately to the inspector. ..... of the bombay shops and establishments act, 1948. ..... 9 august, 1953, the inspector of shops appointed under the act visited the godown at municipal census no. .....

Sm. Nagendra Bala Hore and anr. Vs. Sree Sree Iswar Dakhina Kalimata T ...

Court : Kolkata

Reported in : AIR1950Cal503,54CWN499

..... the tenant fails to pay his rent for three months after the passing of the decree or order for possession and before 1st december 1948 the tenant would on the meaning to be put on the words 'commencement of the act' be a trespasser and no relief can be given to him under section 18 of the act, the same difficulty arises in applying section 17 which requires the court to decide if there is sufficient cause for proceeding with the suit or ..... the effect of section 18 of the act is obviously to give the act a retrospective operation for the limited purpose of rescinding or varying a decree or order for possession passed before 1st december 1948 which is the date of the commencement of the act. ..... on 1st december 1948 the west bengal premises rent control (temporary provisions) act (xxxviii [38] of 1948) came into force ..... there are other difficulties in applying section 18 of the act and to fit it in with cases which were disposed of sometime before 1st december 1948. ..... diptendra mohan ghose appearing for the petitioners contended that the tender on 27th december 1948 followed by a deposit on 14th january 1949 was sufficient compliance with the provisions of section 12 (1) (b) of the said act. mr. ..... on 24th august 1948 an order was made under section 41, presidency small cause courts act. ..... m mukherji, learned judge, court of small causes, calcutta, 6th bench, rejecting an application under section 18, west bengal premises rent control (temporary provisions) act (xxxviii [38] of 1948). 2. .....