Court : Supreme Court of India
Reported in : AIR2005SC862; 2005(3)BomCR139; JT2005(1)SC370; 2005(2)MhLj392; 2005(1)MPHT497; 2005MPLJ181(SC); (2005)2SCC591; 2005(2)LC812(SC)
..... was also a case where the petitioner before the high court of calcutta challenged the validity of the city civil court act, being west bengal act xxi of 1953, on the ground of legislative competence. ..... learned senior counsel appearing for bombay city civil & sessions court bar association, made submissions supporting the impugned judgment upholding the constitutional validity of 1987 act. ..... 2346/50 which reads:-'in exercise of the powers conferred by section 4 of the bombay city civil court act, 1948 (act xl of 1948) the government of bombay is pleased to invest with effect from and on the date of this notification, the city civil court with jurisdiction to receive, try and dispose of suits and other proceedings of a civil nature not exceeding twenty-five thousand rupees in the value and arising within the greater bombay subject however to ..... 1992, rule was issued and permission was given for intervention among others to the bombay bar association, bombay incorporated law society, the indian merchants' chamber and the bombay city civil and sessions court bar association. ..... 1955 under which the state legislature divested criminal jurisdiction of madras high court and vested it in the sessions court. ..... , the criminal jurisdiction of the high court was taken away and vested in the sessions court. ..... these two appeals are filed by bombay city civil and sessions court bar association and state of maharashtra respectively aggrieved by the second part of the judgment dated 29.4.1992 passed in writ .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1965SC1827; [1965]3SCR743
..... 2, it may be noticed, vests only in the high court : the power to remove the ban in specific cases is exercisable by the high court, or a judge of the district and sessions court according as the proceeding is to be instituted in a court in the capital of the state where the high court is located, or in any court in the mofussil. ..... when the state of andhra was formed in 1953 by the andhra state act of 1953, the high court of madras ceased to exercise jurisdiction over the territory of the state of andhra. ..... 2, it may be removed in appropriate cases only by the high court where the proceeding is to be instituted in any court in the capital town in which the high court is located and elsewhere by order of the district and sessions court. ..... the high court ordered that no proceeding, civil or criminal, should be instituted by mawle in the city of hyderabad without the leave of the high court, in the city of secunderabad, without the leave of the chief city civil judge and elsewhere without the leave of the district and sessions judge concerned. ..... the high court of andhra pradesh made an order against the appellant on april 21, 1961 that no proceedings, civil or criminal, shall be instituted by the appellant in the city of hyderabad without the leave of the high court; in the city of secunderabad without the leave of the chief city civil judge; and elsewhere without the leave of the district and sessions judge concerned. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1954SC470; (1955)57BOMLR639; [1954]26ITR27(SC); [1955]1SCR313
..... lord wright in his speech at page 94 said that it was necessary to determine in what year the commission was earned, or in the language of the act, in what year the assessee's profits arose and observed at page 96 :- 'i agree with the court of appeal in thinking that the necessary conclusion from that must be that the right to the commission is treated as a vested right which has accrued at the time when the ..... the commissioner of income-tax/excess profits tax, bombay city, also required the tribunal to refer to the high court the question of law arising out of its order in the ..... commissioner of income-tax, bombay city : [1950]18itr58(bom) , the question for the consideration of the court no doubt was what was the place where ..... made by the commissioner of income-tax/excess profits tax, bombay city, for reference in the appeal of chidambaram mulraj and company ltd. ..... 1953 and 31 of 1953 has been borne not by the commissioner of the income-tax who is the appellant in both, but by the sassoons, the proper order should be that each party should bear and pay his own costs here as well as in the court ..... of the high court of bombay in commissioner of excess profits tax, bombay city v. ..... 1953, and it was filed against the commissioner of income-tax, bombay city ..... commissioner of income-tax, west bengal : [1953]23itr152(sc) , to show that as and when the sale proceeds were received by the company the profits made by the company were embedded in those sale proceeds and if that was so the percentage .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1961SC1522; [1962]1SCR776
..... the paragraph requires that every foreigner entering india on the authority of a visa issued in pursuance of the indian passport act, 1920, shall obtain from the appropriate authority a permit indicating the period during which he is authorised to remain in india and shall, unless that period is extended, depart from ..... (1) is not a natural-born british subject as defined in sub-sections (1) and (2) of section 1 of the british nationality and status of aliens act, 1914, or (2) has not been granted a certificate of naturalisation as a british subject under any law for the time being in force in british india, or (3) is not ..... a sessions judge was dismissed and the high court at allahabad, on being moved in revision, refused to interfere with the order of the sessions judge ..... has changed from time to time, but we are concerned with the definition as it stood in 1953 when the appellant entered india, which was in these terms : 'foreigner' means a person ..... visa on to appellant's passport showed that he had permission to stay in india till november 15, 1953 but he stayed on after that date. ..... the effect the amended definition on the appellant's status fell for our decision in this case for we were only concerned with his status in 1953. ..... endorsed on his passport by the indian authorities permitting him to stay in india for three months and this permission was later extended upto november 15, 1953. ..... earlier left india, returned on a passport granted by the government of pakistan on may 16, 1953. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1961SC652; [1961]3SCR242
..... onlyto : 'such personal estate as the colonial grant of probate conferredjurisdiction on the personal representatives to administer, whatever thedomicile of the testator might be, that is to say, personal estate situatewithin the colony, in respect of which alone the supreme court to victoria hadpower to grant probate : their lordships thought that 'in imposing a dutyof this nature the victorian legislature also was contemplating the property whichwas under its own hand, and did not intend to levy ..... 20 of the u.p.sugarcane (regulation of supply and purchase) act, 1953, which would have beenvalidly and properly issued, imposed, done or omitted if the said sections hadbeen as section 3 of this act, shall in law be deemed to be and to have beenvalidly and properly imposed and done, any judgment, decree or order of anycourt notwithstanding.' 7. ..... bearing in mind thischaracteristic of octroi duty we find on an examination of items 7 and 8 of theschedule rules mentioned above that under the government of india act, 1919,the local legislature of a province could without the previous sanction of thegovernor-general impose a tax-octroi - for entry of goods into an areaadministered by a local body, that is, a local government authority and thearea in respect of which ..... octroi is an old andwell known term describing a tax on the entry of goods into a town or a city ora similar area for consumption, sale or use therein. ..... the commissioner of income tax,bombay city : [1954]26itr758(sc) das, j. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1954SC276; (1954)IMLJ137(SC)
..... on communal considerations and that he benefits the sikhs and persecutes the hindus regardless of the merits of the case.in the opinion of the government, the said passages tend to encourage the sikhs to resort to act of lawlessness and plunge the hindus into a feeling of utter frustration and discouragement and consequently, to make them take the law into their hands for the redress of their grievances. ..... the grounds state, in substance, that the detenu sukhdev singh, who had been previously a sessions judge of patiala and was subsequently removed from the service, published under the pseudonym of lal chand sharma, a pamphlet dated 24-5-1953 under the caption of 'the petition of mercy by the afflicted public of the patiala union to pandit jawaharlal ji, prime minister' -- first ..... it has been held by this court, on more occasions than one, that the propriety or reasonableness of the satisfaction of the central or the state government upon which an order for detention under section 3, preventive detention act is based, cannot be raised in this court and we cannot be invited to undertake an investigation into sufficiency of the matters upon which such satisfaction purports to be ..... it appears that all these three detenus were arrested on 1-9-1953 under orders of the chief secretary to the pepsu government issued in the name of the president of india, under section 3(1), preventive detention act, 1950 and after arrest they were taken to the central jail, patiala where they are lodged .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1961SC578; (1961)63BOMLR491; 1961CriLJ725; [1961]3SCR107
..... criminal procedure code, by reason of their previous conviction by the magistrate for the same offence under the insurance act and their acquittal in respect thereof by the sessions judge, pleading in addition that when the conviction by the magistrate stood, they had even undergone a portion of ..... intention, or, on the complaint of the insurer or any member or any policy-holder thereof, be punishable with fine which may extend to one thousand rupees and may be ordered by the court trying the offence to deliver up or refund within a time to be fixed by the court any such property improperly obtained or wrongfully withheld or wilfully misapplied and in default to suffer imprisonment for a period not exceeding two years. ..... the respondents thereupon filed appeals to the court of the sessions judge, poona and the learned sessions judge, by his order dated may 3, 1954, while confirming the ..... though learned counsel for the appellant originally submitted that he was contesting this conclusion of the high court, he did not address us any argument under that head and we do not therefore find it necessary to dwell on this point any further, but shall proceed on the basis that a direction ..... us, we may premise the discussion by stating that it was not disputed before us by learned counsel for the state, as it was not disputed before the learned judges of the high court, that the allegations to be found in the original complaint in criminal case 82 of 1953 on which the conviction under s. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1962SC1573; [1963]1SCR121
..... removable from their offices save byor with the sanction of the state government or the central government wherethey are charged with having committed offences while acting or purporting toact in the discharge of their official duties; and the form which thisprotection has taken is that before a criminal court can take cognizance of anyoffence alleged to have been committed by such public servants, a sanctionshould have been accorded to the said prosecution by the ..... this section occurs in chapter18 which deals with the enquiry into cases triable by the court of sessions orhigh court. ..... on may 7, 1953, the appellantalone with vaish was tried by the additional district and sessions judge atkanpur. ..... sessions judge at kanpur, it was actually taken upbefore him on may, 7, 1953, when the charge was read out to the accused personsand the jury was empanelled ..... passed before july 28, 1952, the special judgeheld that the case against the appellant must be tried under the provisions ofthe criminal procedure code and not under the provisions of the criminal lawamendment act; and so, an order was passed that the trial should be held by theadditional district & sessions judge at kanpur. ..... chari has raised before us is that the addl.district & sessions judge had no jurisdiction to try this case, because atthe relevant time, the criminal law amendment act, 1952, (46 of 1952) had comeinto operation and the case against the appellant could have been tried only aspecial judge appointed under the said act. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : [1991(62)FLR525]; (1991)IILLJ416SC; 1991Supp(2)SCC156; [1990]Supp2SCR133; 1991(3)SLJ204(SC); 1991(1)LC183(SC)
..... of the judge, small causes court, delhi could only be made by the district and sessions judge, delhi and that the said vacancy should be filled in accordance with rule vi of the rules framed by the erstwhile punjab high court, under section 35(3) of the punjab courts act, 1918, for subordinate services attached to civil courts other than the high court (hereinafter referred to as 'the ..... only the initial appointments but also the appointments by promotion to the post of upper division clerk in the office of the judge, small causes court were to be made by the judge, small causes court and not by the district and sessions judge, and held that the rule of rotation on the basis of which the appellant had been appointed to the said post by the ..... needed; but preference should be given to officers with such qualifications who are already working in the lower grades:provided that permanent vacancies in the 75-5-125 grade shall be filled by the district and sessions judges in the following rotation:(i) by selection on merit out of graduates who have at least two years' experience in the work of the office, if there is no suitable graduate who fulfils this ..... 1953 referred to earlier provides that the appointments to the posts on establishment other than process serving and menial in the court of small causes are to be made by the judge, small causes court ..... a notification dated october 28, 1953 was issued in exercise of the powers conferred by the proviso to article 309 of the constitution .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1971SC472; 1971CriLJ509; (1970)3SCC498; 1971(III)LC91(SC)
..... of residing permanently in the latter place, but in its wider connotation it meant going from one place to another whether or not with the intention of permanent residence in the latter place this court gave the word 'migrated' in article 7 of the constitution that wider connotation and referred to migration to pakistan after 1 march, 1947 in that case.9. ..... counsel for the respondent invited this court to-re-assess the facts and to come to the conclusion that he was in india upto 1953 and therefore he merely 'renounced the citizenship and that when he returned to ..... on appeal by the additional sessions judge on 15th april, 1965 ..... the sub-divisional magistrate, delhi on 22 july, 1964 under section 14 of the foreigners act and sentenced to undergo six months' rigorous imprisonment. ..... the residential permit as well as his contravention of the foreigners act suffices to hold that not only he made mens rea but he was guilty of an offence in contravention of rule 7(2) of the foreigners order, 1948 and section 7(2) of the foreigners act.10. ..... the expiry of visa and inspite of being required to obtain residential permit from the registration officer, delhi he continued to stay in this country and thereby contravened the provisions of 7(2) of the foreigners act.7. ..... before 5 january, 1960 and was apprehended on 5 october, 1961 without possessing any residential permit from the registration officer, delhi and thereby the respondent contravened the provisions of section 7(2) of the foreigners act.4. .....
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