Court : Supreme Court of India
Reported in : [1952]1SCR889
..... definition has been given in section (2) sub-clause (m) to the expression 'mines in operation' as meaning mines regarding the working of which notice has been served on government under the indian mines act. section 10 keeps alive subsisting lease of mines and minerals, the lessee being deemed to be a lessee under the government. buildings and ..... a scheme for non-payment of compensation by shift and contrivance. reference was made to certain provisions of the act of a confiscatory nature, already noticed in this judgment. section 9 was mentioned under which mines in the course of development and fetching no income yet vest in the state without payment of compensation. ..... determined is to be added a moiety of the accumulated arrears of rent etc. and the compensation for the mines and minerals as determined under section 25. ex facie, it cannot be disputed that the act does prescribe some principles for determining the compensation payable to the proprietor or tenure-holder. it is, however, .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1966SC81; [1965]57ITR349(SC); [1965]3SCR536
..... of the commissioner were restored. section 33a took the place of section 33 with certain modifications. sub-section (1) of section 33a provided for the commissioner acting suo motu; and sub-section (2) thereof, on the application of the assessee. under this section the commissioner can exercise the revisional jurisdiction subject to ..... the scope of the revision is, therefore, similar to that prescribed under different status. prima facie, the jurisdiction conferred under section 33a(2) of the act us a judicial one. the order that is brought before the commissioner affects the right of the assessee. it is implicit in revisional jurisdiction that the ..... but in decided cases, particularly in india, there is some mixing up of two different concepts, viz., administrative tribunal and administrative act. the question whether an act is a judicial act or an administrative one arises ordinarily in the context of the proceedings of an administrative tribunal or authority. therefore, the fact that an .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1967SC1643; 1967(0)BLJR818; [1967]2SCR762
..... then the exercise of the right to practise profession or to carry on an occupation, trade or business could be suitably curtailed. it cannot be said that nationalisation is never in the interest of he general public. this amendment was thus within the provision for restricting the exercise of the fundamental right in sub-clause ..... not one of substance. it only removes some unnecessary words. the new sub-clause is innocuous except where it provides for the exclusion of citizens. it enables nationalisation of industries and trade. sub-clause (g) (to the generality of which the original clause (6) created some exceptions) allowed the state to make laws ..... rights therein and the taking over of property, amalgamation of corporations, extinguishment or modification of rights in companies and mines may be made regardless of arts. 14, 19 and 31. in addition 64 state acts are given special protection from the courts regardless of their contents which may be in derogation of the fundamental rights. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (1969)3SCC176
..... ) that on january 13, 1963 the appellant was in possession of explosive substances for unlawful object and thereby committed an offence under section 5 of the explosive substances act.four other persons, stanley rodrick, ranjit mandal, simon das and ranjit biswas were also tried jointly with the appellant and convicted under section 302, read with section ..... ipc and sentenced him to death. at the same trial the appellant was also convicted for offences under section 148 ipc and section 5 of the explosive substances act and sentenced to rigorous imprisonment for 2 years and 3 years respectively. the terms of imprisonment for these two latter offences were directed to run concurrently. the ..... . 5 of 1964, confirming the conviction and sentence imposed on the appellant for offences under sections 148 and 302 ipc, and section 5 of the explosive substances act.2. the appellant, vivian rodrick, was tried by the high court on a charge under section 302 ipc in the iv criminal session of 1964 of the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1970SC564; [1970]40CompCas325(SC); (1970)1SCC248; [1970]3SCR530
..... corporations act, 1949. it is explicable that where the government acquires undertakings of industries, the matters of policy involving public interest ..... state agricultural credit corporations act, 1968. there are english statutes which contain similar provisions of exercise of power or directions by the government in regard to the affairs of the undertakings covered by the statutes. these are the bank of england act, 1946, cotton (centralised buying) act, 1947, coal industry nationalisation act, 1946, civil aviation act, 1946, electricity act, 1947, gas act, 1948, iron and steel act, 1949 and air .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1970SC2097; (1970)2SCC567; [1971]2SCR197
..... and is a matter of common knowledge-that immediately after the conclusion of the bangalore session the portfolio of finance was withdrawn from sri morarji desai and the bank nationalisation ordinance was promulgated just before the meeting of parliament in july 1969. the split in the party which had been dormant before came to limelight soon afterwards. ..... being accepted sri morarji desai was relieved of his portfolio. she followed it up with the promulgation of the bank nationalisation ordinance, a day before parliament was to commence its session. this ordinance was signed by the respondent acting as president.(6) on the 22nd july 1969 the prime minister proposed sri sanjeeva reddy as a candidate for the ..... stayed. to the question : 'how do you know that he was there for two or three days?', he replied : 'because he met me once and some friends of mine told me that he also met them two or three days after that.' he was asked : 'now look here i put it to you that mr. dinesh singh never .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1971SC2486; 1971CriLJ1720; (1970)3SCC746; [1971]2SCR711
..... opinion, after receipt of information, that there do exist sufficient grounds for taking proceedings. at the first stage, when forming such opinion, the magistrate naturally acts ex parte and has to rely on information supplied to him or other information obtained by him in the absence of the person againct whom proceedings are to ..... to incite an immediate breach of the peace or riot as distinguished from utterances causing mere 'public inconvenience, annoyance or unrest'."he referred also to the public order act 1936 in england.. subbarao, j. however, distinguished the american and english precedents observing :"but in india under art. 19 (2) this wide concept of 'public ..... over the effect of these, two decisions, the expression 'public order' was inserted in art. 19 (2) of the constitution by the constitution (first amendment) act, 1951, with a view to bring in offences involving breach of purely local significance within the scope of permissible restrictions under cl. (2) of art. 19".he .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (1970)3SCC227
..... ) that on january 13, 1963 the appellant was in possession of explosive substances for unlawful object and thereby committed an offence under section 5 of the explosive substances act.four other persons, stanley rodrick, ranjit mandal, simon das and ranjit biswas were also tried jointly with the appellant and convicted under section 302, read with section ..... ipc and sentenced him to death. at the same trial the appellant was also convicted for offences under section 148 ipc and section 5 of the explosive substances act and sentenced to rigorous imprisonment for 2 years and 3 years respectively. the terms of imprisonment for these two latter offences were directed to run concurrently. the ..... . 5 of 1964, confirming the conviction and sentence imposed on the appellant for offences under sections 148 and 302 ipc, and section 5 of the explosive substances act.2. the appellant, vivian rodrick, was tried by the high court on a charge under section 302 ipc in the iv criminal session of 1964 of the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1972SC425; (1971)2SCC893; [1972]1SCR1055
..... pradesh ors. [1959] su. 2 s.c.r. 8. in deep chand's case the constitutionality of the u.p. transport service (development) act, 1965, the validity of the scheme of nationalisation framed and the notifications issued by the state government thereunder were challenged. subba rao, j. (as he then was) who spoke for the judges constituting ..... this provision of article 19(6) which was introduced by the amendment of the constitution in 1951 was not in existence when the u.p. road transport act (act ii of 1951) was passed and it was held that the amendment of the constitution which came later could not be invoked to validate an earlier legislation which ..... state enactments relating to land reform in order to remove any uncertainty or doubt that may arise in regard to their validity'. accordingly parliament passed the seventeenth amendment act effecting change not only in article 31a of the constitution by adding a proviso after the existing proviso in clause (1) but also substituting a new sub-clause .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1972SC1880; [1972]84ITR735(SC); (1972)2SCC150; [1973]1SCR15
..... had used lord davey's test in strong's case (1906) 5 tax cas 215 (supra) to justify deduction of sums spent on propaganda to oppose threatened nationalisation of the sugar refinery industry as money spent 'wholly and exclusively for the company's trade'.34. the decision of the court of appeal, in 41 tax cas ..... needs revision by it, a consideration of what public good demands undoubtedly lies within the province of our powers.50. it seems to me that the wealth tax act was not intended to strike at or check expansion of commercial activities by either individuals or companies. its underlying purpose was the removal of disparities of individual or ..... a necessary incident of its profitable exploitation. the licensed premises were let to tenants, who were 'tied' to purchase their beers from the company. under the licensing act, 1904, compensation fund charges were levied in respect of the excise 'on' licences held by the tenants who paid the charges and recouped themselves by deduction from the .....
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