Court : Mumbai
Reported in : AIR1974Bom203; 1974MhLJ51
..... central provinces one may briefly consider the position under the central provinces tenancy act, ..... exists on the 'law of agricultural tenancy and village service lands' in the central provinces, by shri r.m. ..... to prohibit attachment of merely trees and to do away with severance of trees from the holding, section 97 of the ..... to be heard and after holding an inquiry, determine the purchase price of such land, which shall consist of (a) the price of such land determined by the tribunal in accordance with the provisions of section 90, and (b) the amount of the arrears of rent, if any, determined by the tribunal as lawfully due on the date on which the tenant has made an application under sub ..... to the contrary in any law, usage or contract but subject to the provisions of section 42 t 44 (both inclusive) a tenant other than an occupancy tenant shall, in the case of land held by him as a tenant, be entitled to purchase from the landlord the land held ..... the provisions of chapter xii, therefore, clearly bring out that when the code was applied and made a law, the legislature was aware that rights in trees are the matters of independent treatment and specific provision was made for transfer and ..... pass because of the statute for any reasons, then it must be held that agricultural land tribunal should include all the trees in the land which is an item of property of the land-holder recongnised by law and none can be deprived of the property without the compensation, just and equivalent.9. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1965SC540; [1964]4SCR69
..... extended to the central pro- vinces by the central provinces laws act xx of 1876. ..... words have come to be read into the first column as if those words actually occurred therein, we are not of opinion, as at present advised, that the subsequent amendment of -articles 158 and 178 must necessarily and automatically have the effect of altering the long acquired meaning of article 181 on the sole and simple ground that after the amendment the reason on which the old construction was founded is no longer available. ..... the learned district judge thought that as the opening words of the section dealt with a case of more heirs than one, the words "the right of succession to the estate be disputed between several claimants" which are separated from the opening words by a semi-colon must be read as governed by the opening words, and therefore, as confined to a dispute between several claimants in a case where there arc ..... "it does not appear to us quite convincing without further argument, that the mere amendment of articles 158 and 178 can ipso facto alter the meaning which, as a result of a ion, series of judicial decisions of the different high courts in india, came to be attached to the language used in article 181. ..... reason for this view is that as the article is in general terms, it must be construed ejusdem generis and so construed it must be applicable only to applications under the code for all the other articles in the act providing periods of limitation for applications deal with .....
Tag this Judgment!Court : Chennai
Reported in : AIR1972Mad398
..... pointed out:--'it is to be noted that section 6 central provinces laws act of 1875 prescribes that the court should act according to justice, equity and good conscience, not that it should act according to the rules of english law; it is also to be noted that the privy council has merely states that the courts in this country should ordinarily be guided by the rules of english law if applicable to indian society and circumstances; their lordships did not state that the rules of english law must be invariably applied'.11. ..... , and that, if in fact the article did refer, or would be deemed by reasonable people to refer, to the plaintiff, the action could be maintained and proof of express malice was wholly unnecessary ..... an action, assuming the language to the defamatory, can be maintained; and it makes no difference whether the writer of the article inserted the name or description unintentionally, by accident, or believing that no person existed corresponding with the name or answering the description'.the learned chief justice further pointed out that it was beyond dispute that, apart from the question of express malice, the intention or motive with which the words were used was immaterial .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1975MP89; 1974MPLJ573
..... statutory provision, so far as mahakoshal region in this state is concerned, is section 6 of the central provinces laws act, 1875. ..... had the driver of the bus kept a good look-out, it is quite possible that he would have seen the motor-cycle coming from the side road and possibility of a collision occurring would have been reasonably apparent to him and he could have stopped his bus in time to allow the motor-cycle to pass in front of him and ..... not appear to be correct, for had the accident taken place as described by this witness, the motor-cycle would have been hit from behind by the bus and the impact would not have been with the right side of the bus. ..... lord wright in an article in modern law review said on this point as follows:'the precise explanation of this curious rule, that the plaintiff who is in any way at fault cannot recover anything from the principal wrong-doer, seems to have been that the common law courts could not, or would not, apportion in pieces the damage contributed to, both by the plaintiff and the defendant, as the admiralty ..... evidence of the driver is to the effect that the deceased came riding the motor-cycle from shahid smarak side and collided with the bus on its right hand side over the right ..... one cannot take the common law of england divorced from the statute law of england and argue that the former is in accordance with justice, equity and good conscience and that the latter which has modified it is to be ignored to-day in england, so far as this .....
Tag this Judgment!Court : Sikkim
Reported in : 1979CriLJ310
..... court by the majority in the delhi laws act case, on 23rd may, 1951, that such a power to repeal corresponding laws by notification under section 2 of the part c states (laws) act, 1950, was invalid and ultra vires and therefore, the extension of the central provinces law was to be deemed to have been made without repealing the corresponding vindhya pradesh law.thereafter, parliament passed the part c states (miscellaneous laws) repeal act, 1951, repealing inter alia the vindhya pradesh law with effect from 29th dec. ..... as i shall presently show, even according to the view, which is generally accepted as the majority view in the said delhi laws act case, the extension of the arms act, 1959 to sikkim under the provisions of article 371f (n) of the constitution, without any express re- pealment of the corresponding existing law in sikkim, being the sikkim anns rules, 1962, would not be invalid or ineffective, i would quote the provisions of article 371f (n) here-d371f - notwithstanding anything in this constitution. ..... been allowed to operate only so far (as) they are consistent with the provisions of the constitution and that so far as they are not so consistent, they have ceased to operate, while under article 371 (k) of the constitution, the earlier sikkim laws have been guaranteed continued operation even though they or some of them are violently inconsistent with or are shockingly violative of the provisions of the constitution, until they are amended or repealed by a competent .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1962SC981; [1962]Supp(2)SCR257; [1962]13STC236(SC)
..... it is said that, if the two sections are read together they mean that the central provinces and berar sales tax act was freshly extended from april 1, 1951 by the vindhya pradesh act and any law made by any authority earlier was freshly repealed to make room for the extension. ..... may be reduced to the proposition that if the state legislature of vindhya pradesh extended the central provinces and berar states tax act, then the extended act would suffer from the disability pointed out in gannon dunkerley's case : [1959]1scr379 , but if the central provinces and berar act was extended by the notification under the part c states (laws) act, 1950 then it must be treated as incorporated in that act and to have the authority of parliament which, in relation to part c states, had no limitations whatever ..... section 2 of the central provinces and berar sales tax act, 1947, which was extended to vindhya pradesh, defined 'contract' to mean any agreement for the carrying our for cash or deferred payment or other valuable consideration, the construction, fitting out, improvement or repair of any building, road, bridge or other immovable property, and further defined 'goods' to mean all kinds of property including all materials, articles and commodities, whether or not to be used in the construction, fitting out, improvement .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1963Bom3; (1962)64BOMLR471; ILR1962Bom508
..... schedule attached to that act under the exemptions granted under section 3 of that act exempted the tax on persons exercising any profession or art, or carrying on any trade or calling, within the limits of the municipality, imposed under clause (b) of sub-section (i) of section 66 o the central provinces municipalities act, ..... the municipal committee of malkapur, in the buldana district, has, with the sanction of the chief commissioner, directed the imposition, with effect from the 1st august 1912, of a tax on the ginning and pressing of cotton under section 41 (1) (a) (b) of the said law, to be within the limits of the malkapur municipality, levied from all persons carrying on, within the limits of the malkapur municipality, the trade of ginning cotton or pressing the same into bales by means ..... on behalf of the petitioner on the provisions of section 142a of the government of india act, 1935, and on the provisions of article 276 of the constitution in order to show in the first place that the tax beyond the maximum amount mentioned in each of those two provisions could not be demanded from the petitioner. ..... view which we have taken as to the effect and operation of the proviso to sub-section (2) of section 142a, it is clear that the notification dated 2-1-1940 was ultra vires of sub-section (2) and therefore does not survive and so it will not keep alive the tax imposed thereunder and therefore the proviso to clause (2) of article 276 of the constitution will not be attracted. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1967SC1201; (1967)69BOMLR316; 1967MhLJ275; [1967]2SCR100
..... in view of our above conclusions it is not necessary to deal with the point whether the word 'imposed' in item 4 of the schedule to the profession tax limitation act, 1941, would include 'deemed to be imposed' because by virtue of section 3 of the berar laws (provincial) act, 1941, the tax would be deemed to be imposed not under the central provinces municipalities act, 1922, but the central provinces and berar municipalities act, 1922. 15. ..... 4 is an exemption from the limitation imposed by section 2 of the professions tax limitation act, 1941, and the exemption must be construed strictly. ..... in brief, the case of the respondent was that in view of article 276 of the constitution, the notifications under which the tax was imposed could not be enforced except to the extent provided under article 276(2) of the constitution. ..... filed a petition under articles 226 and 227 of the constitution in the high court of judicature of bombay, nagpur bench, praying that certain demands made by the municipality of akot be quashed and that the municipality be ordered to refund the advance deposit ..... the case of the municipal committee, in brief, was that the notifications were in force immediately before the commencement of the constitution and, therefore, were not hit by article 276(2). 3. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1990SC560; JT1989(2)SC483; 1989Supp(1)SCC430; [1989]2SCR629
..... is in force in any pan of british india at the date of such notification.section 2 of act ii: the central government may, by notification in the official gazette, extend to the province of ajmer merwara with such restrictions and modifications as it thinks fit any enactment which is in force in any other province at the date of such notification.it is also necessary here to contrast the above two provisions with section 2 of the part c states (laws) act, 1950 (hereinafter referred to, for purposes of convenience ..... functions today and the kind and quantity of legislation which modern public opinion require, the legislatures under the constitution should be held to be supreme and unrestricted in the matter of legislation and should not be prohibited from delegating some of their powers of legislation to such other agencies, bodies or authorities as they may choose, so long as they do not altogether divest themselves of their legislative power and confer them on another and ..... premise of the argument is that, under article 246(4) of the constitution, parliament has exclusive power to make laws on matters enumerated in the state list and ..... was a decision which reflected the advisory opinion of this court in a reference made by the president under article 143(1) of the constitution which, technically speaking, is not a binding precedent. ..... the legislative powers of parliament available in respect of chandigarh under article 246(4) of the constitution to enact a legislation for this purpose .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1967SC1022; [1967]2SCR88; [1967]19STC263(SC)
..... if, therefore, a dealer who has got himself registered as dealer under the provisions of section 8(1) of the act is sought to be made liable in respect of transactions of sale effected by him he could claim exemption from such liability if the transactions of sale or purchase took place in the course of inter-state trade or commerce after the 31st march, 1951, except in so far as parliament may by law otherwise provide. ..... this court accordingly granted a writ to the following effect : 'the respondents will be restrained from enforcing the central provinces and berar sales tax act, 1947, and its provisions against the petitioners and from imposing a tax in respect of the transactions in question and in particular from imposing a tax on the purchase price of goods purchased on the declarations under rule 26 being goods specified in the registration certificate as intended for use as raw material in the manufacture of goods for sale ..... provision made by parliament and the transactions in question were all after the 31st march, 1951, with the result that the ban imposed by article 286(2) was in operation and if the transactions took place in the course of inter-state trade or commerce not only were shri chhaganlal ugarchand nipani and shri maniklal chunanlal baroda exempt from the liability to pay the tax on these transactions but the petitioners also were similarly .....
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