Court : Chennai
Reported in : (1967)2MLJ85
..... c state and the president as the head of a part c state, occupies a different position from that as the head of the central government. by a logical extension of this principle, one can hold that when the president administers a union territory, he occupies a position different from that of the ..... but, certain administrative exigencies arose, particularly following the de jure transfer, and (in october, 1963) of the extension of various indian enactments to pondicherry. it is now conceded, for instance, that the entire criminal law administration has radically changed, because of the introduction of the indian evidence act, the indian penal code, and the ..... indian courts, judicial precedents are not merely of persuasive force, but are binding upon subsequent benches or judges, and do, within their own sphere, create law; judge-made law is thus known to our courts, and relied on in our courts, whereas, apparently, the continental system differs profoundly, and places almost an entire reliance .....
Tag this Judgment!Court : Karnataka
Reported in : [1968]69ITR45(KAR); [1968]69ITR45(Karn)
..... be called part 'b' states. it became for the first time extended to part 'b' states by virtue of the central act 48 of 1959 (which came into force on february 1, 1960), called the miscellaneous personal laws (extension) act, 1959, which amended its extent clause in such a way as to apply the statute to whole of india except ..... behalf of the department strongly pressed before us was that whatever might have been the position before the application or extension of shariat act to the civil station in 1960 and whatever may be the principles of customary law or custom by virtue of which the cutchi memons resident in civil station could claim that they should be governed ..... 52. this slow change in the attitude of the parties and the complexion of the view of the law taken by the bombay high court is explicable on the ground that khojas and cutchi memons, who were carrying on extensive trade in bombay, were moved by exigencies of their business activities to relieve themselves from what may be .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1968Guj193; (1968)GLR161
..... so varied and extended, shall, as far as may be, operate in like manner and with all like incidents, effects and consequences, as if such variations or extensions were contained in that subsection.'the question that has been raised in the present matter is whether section 65a would prevail in a case where the property leased out ..... reads as under:-'during the pendency in any court having authority within the limits of india excluding the state of jammu and kashmir or established beyond such limits by the central government, . . . . of any suit or proceeding which is not collusive and in which any right to immovable property is directly and specifically in question, the ..... decree or order has been obtained, or has become obtainable by reason of the expiration of any period of limitation prescribed for the execution thereof by any law for the time being in force.'it would be seen that section 65a confers upon the mortgagor in possession a statutory power to lease the mortgaged property and .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1968Raj161
..... not so far been finalised. from this letter the transport appellate tribunal concluded that the regional transport authority had not taken any decision regarding the extension of time. in these circumstances the appeal was considered to be premature and consequently it was dismissed the transport appellate tribunal, however, observed that ..... the regional transport authority shall assign to the vehicle, for display thereon, a special distinguishing mark in the form and manner specified by the central government and such special permit shall be valid in any other region or state without the countersignature of the regional transport authority of the other region ..... region and then it was urged that inasmuch as the regional transport authority, jaipur, had countersigned the permit there was substantial compliance with the provisions of law and consequently the defect, if any, in the entertaining of the application by the regional transport authority, bikaner, stood cured. as regards the power .....
Tag this Judgment!Court : Chennai
Reported in : [1968]22STC436(Mad)
..... have to see whether its effect as a restriction on freedom of trade is related to and subserves, if not, promotes the subject and object of the central law relating to inter-state taxation. if, in providing for avoidance of evasion, the legislature deliberately or inadvertently exceeded the limit drawn by the subject and object of the ..... act no. 5 of that year, which extended the act to the state of jammu and kashmir. the second amendment, act no. 31 of 1958, was more extensive. the second or subsequent sale during the inter-state movement of goods following a sale of the description under section 3(1) has been exempted from tax subject to certain ..... evasion of tax due to the various states and of discouraging unauthorised transactions between unregistered dealers in the various states which would lead to the evasion of tax. the central government, however, has not joined with the states and has preferred to say nothing on the subject in view of larsen and toubro ltd. v. joint commercial tax .....
Tag this Judgment!Court : Chennai
Reported in : (1969)2MLJ22
..... have to see whether its effect as a restriction on freedom of trade is related to and subserves, if not, promotes the subject and object of the central law relating to inter-state taxation. if, in providing for avoidance of evasion, the 'legislature deliberately or inadvertently exceeded the limit drawn by the subject and object of the ..... 1958, act no. v of that year which extended the act to the state of jammu and kashmir. the second amendment, act xxxi of 1958, was more extensive. the second or subsequent sale during the inter-state movement of goods following a sale of the description under section 3 (1), has been exempted from tax subject ..... evasion of tax due to the various states and of discouraging unauthorised transactions between unregistered dealers in the various states which would lead to the evasion of tax. the central government, however, has not joined with the states and has preferred to say nothing on the subject in view of larsen toubro ltd. v. joint commercial tax officer .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1969SC740; [1969]72ITR801(SC); [1969]2SCR1
..... and conditions of the tender notice issued by the corporation will be terms and conditions of the agreement. the 15th paragraph of the tender notice reads thus:15. extension for the additional volume available in the coupe will not be claimed as matter of right. but may be considered by the management where the achievement is 100 ..... the timber trees had been marked but not extracted to be considered by the government for grant of the contract. the contractor alleged if such proper consideration or lawful consideration in accordance with the principles of equity and justice had been made, the contract would have been granted to the contractor. therefore, the contractor claimed that ..... parties; and so the prayer for reference has to be rejected. if the case pleaded is true, the appropriate forum for the respondent will be a court of law directly granting the relief in an appropriate legal proceeding. it was, however, argued on behalf of the respondent before us that in view of paragraph 15 of .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1970SC1118; 1970LabIC873; [1969]2SCR365
..... if the order of 1954 is not invalid on the ground of infringement or abridgement of fundamental rights under part iii, it is difficult to appreciate how extension of period of immunity made by subsequent amendments can be said to be invalid as constituting an infringement or abridgement of any of the provisions of part iii. ..... the articles of the constitution which include article 370. section 21 of the general clauses act is as follows :'where by any central act of regulation, a power to issue notifications, orders, rules, or bye-laws is conferred, then that power includes a power, exercisable in the like manner and subject to the like sanction and conditions ( ..... . this means that, under clause (c) of article 55, immunity was granted to the preventive laws made by the state legislature completely, though the life of the inconsistent provisions was limited to a period of five years. the extension of that life from five to ten years and ten to fifteen years cannot, in these circumstances, .....
Tag this Judgment!Court : Chennai
Reported in : (1969)2MLJ62
..... both the above methods had to be adopted. several of the central acts extended, like the official trustees act, 1913 and the motor vehicles act, in their first section indicating ..... by reference like the act now under consideration or central act xxx of 1965 which extended the code of civil procedure and the arbitration act to goa, daman and diu. the latter method, in effect and substance, amends the extent clause of the original act. in the central laws ((extension to jammu and kashmir) act xxv of 1968 ..... particular with reference to the three stages or phases of that development. for an appreciation of the argument now presented before us, on the central issue of the vires of the pondicherry (extension of laws) act, 1968 (xxvi of 1968), it is not necessary to traverse that ground again, but it is essential to recapitulate one or two .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1970SC1912; (1969)2SCC363; [1970]1SCR700
..... of the licence fee collected after april 1, 1950 on the ground that the cochin tobacco act stood repealed by the finance act, 1960 because of the extension of the central excise and salt act 1 of 1944 to the part b state of travancore-cochin and in consequence the notifications issued in august 1950 and january 1961 ..... of 1087 (m.e.) requiring licences to be taken out for storage and sale of tobacco and for payment of licence fee in respect thereof were law corresponding to the provisions of the central excise and salt act, 1944 and hence were superseded on april 1, 1960 by virtue of section 13(2) of the finance act, 1960. consequently ..... as follows :in construing article 301 we must, therefore, have regard to the general scheme of our constitution as well as the particular provisions in regard to taxing laws. the construction of article 301 should not be determined on a purely academic or doctrinnaire considerations; in construing the said articles we must adopt a realistic approach and bear .....
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