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Ratilal Panachand Gandhi Vs. State of Bombay

Court : Mumbai

Reported in : AIR1953Bom242; (1953)55BOMLR86; ILR1953Bom1187

..... but it is a part of the secular aspect of religion, and it has something to do with administration of property which the constitution has not safe-guarded and with regard to which the legislature is perfectly competent to legislate.(5) now, the sections challenged by the petitioner are sections 18, 31, 32, ..... pension, leave and other allowances of the charity commissioner, the deputy and assistant charity commissioners, the inspectors and other subordinate officers and servants appointed under the act shall be paid. the liability of meeting the expenses of the administration therefore is of the public trusts administration fund, and not of the state government ..... other than the purposes for which the property was intended, such as payment of registration fees, the administration charges and the contributions leviable under the act and in so far as the charity commissioner is authorised to submit applications before the courts or to require that applications be submitted by the trustees .....

Hiralal Sutwala and ors. Vs. the State

Court : Mumbai

Reported in : 1953CriLJ481

..... took the view that the indian legislature is as competent to make a law, both qualitatively and quantitatively, as the british parliament, provided it acts within the circumscribed limits of its legislative competence. further according to him. delegation of legislative authority is different from the creation of a new legislative ..... of commodities essential for the life of the community. it was for this reason that the legislature passed the essential supplies (temporary powers) act, 1946, and that act empowered the central government to make orders, from time to time, controlling the production, supply and distribution of certain commodities. the impugned order ..... functions cannot be delegated. these functions consist in laying down the policy and principles and setting out standards and limits within which the delegate must act. an unlimited or arbitrary power without the definement of policy and standard cannot be legally conferred by the legislature on a delegate. subjective discretion, .....

Sm. Premwati and ors. Vs. Sm. Satayawati JaIn and ors.

Court : Allahabad

Reported in : AIR1953All55

..... that case was one entirely governed by the provisions of o. 21, rule 66, civil p. c. they pointed out that sections 16 and 17, bihar money-lenders' act, gave certain valuable rights to judgment-debtor whose case was covered by those sections. that would not, however, be sufficient ground to hold that the observations made by sulaiman j ..... in that opinion. we think that the order of the high court in this case must be treated as a final order for the purposes of section 205, constitution act, if the appellant's application related only, to the settlement of the proclamation, it is true that an order dealing with that application could not be regarded as determining ..... we know, that section was also altered subsequently, and under the corresponding provision in the government of india act, 1935, no such power as was exercised under section 107 of the earlier government of india act could be exercised. nor do the third patna case referred to can be of any help to mr. varma's client. the question .....

United Motors (India) Ltd. and ors. Vs. the State of Bombay and anr.

Court : Mumbai

Reported in : (1953)55BOMLR246

..... of the provincial legislature and, if the retrospective elements were not severable from the rest of the provisions, it is established beyond controversy that the whole act would have to be declared ultra vires and void.' in that particular case the retrospective element was severable and therefore, they severed that part and ..... rule-making authority and it provides : 'the state government may, subject to the condition of previous publication, make rules for carrying out the purposes of this act,' and then, without prejudice to the generality of the power conferred upon the government, particular instances are given for which the state government may prescribe rules, ..... dealer and every licensed dealer to furnish returns. section 14 deals with assessment of taxes. section 15 corresponds to a similar provision of the income-tax act about turnover escaping assessment. section 16 provides for payment and recovery of tax. section 17 provides for special mode of recovery of tax. section 18 deals .....

Brown Vs. Allen

Court : US Supreme Court

..... statute against abuse of habeas corpus in federal criminal proceedings, 28 u.s.c. 2244. since a federal district court has power to intervene, there is a guard against injustice through error. darr v. burford, supra, at 339 u. s. 214 . it should be noted that the minority does not urge that the ..... have been expected that, if congress intended a reversal of this traditional concept of habeas corpus, it would have said so. however, this one sentence in the act eventually was construed as authority for federal judges to entertain collateral attacks on state court criminal judgments. [ footnote 4/4 ] whatever its justification, it created potentialities ..... treating the state's response to the application as a motion to dismiss, the court properly granted that motion. discharge from conviction through habeas corpus is not an act of judicial clemency, but a protection against illegal custody. the need for argument is a matter of judicial discretion. all issues were adequately presented. there was .....

Shiv Dutt and anr. Vs. State of Himachal Pradesh and anr.

Court : Himachal Pradesh

Reported in : AIR1953HP95

..... to the person signing and verifying the pleading.12. from the above pleadings, and from certain additional grounds taken in the course of arguments by the learned acting government advocate, the following are the points that arise for determination:(1) has the petitioners' fundamental right to hold property under article 19(1)(f) of ..... has just been disposed of. it having been found that the land was never acquired, thei question of such, an acquisition by the ruler amounting to an unchallengeable act of state does not arise. as regards the tenth point, the learned counsel for respondent cited two cases : --'mohi chandra v. secretary local self government of ..... is therefore no question in this case of retrospective application of the provisions of the constitution, since, firstly, whatever may have been done by the ruler, the act of the respondent on account of which relief as claimed by these writ petitions continued to be committed even after the coming into force of the constitution, and .....

Dandapani Gouda Vs. the State of Orissa

Court : Orissa

Reported in : AIR1953Ori329

..... as a public servant, even when he was under suspension.12. chapter viii of the fundamental rules, made under section 96(b). government of india act, deals with dismissal, removal and suspensions, f.r. 53 provides that a government servant under suspension is entitled to payment of a subsistence grant at ..... suspension. rule 34 says that the sub-registrars shall not 'ordinarily be suspended in anticipation of the sanction of gov- eminent required under section 13, registration act. it would, therefore, appear that in extraordinary cases in the interests of administration the district registrar has the power to suspend a sub-registrar in anticipation of ..... to maintain the proper working of the office.7. i shall take up the second contention raised on behalf of the petitioner first. section 6. registration act, vests the power of appointment of registrars and sub-registrars on tne provincial government. it says :'the provincial government may appoint such persons, whether public officers .....

Pandey Parshotam Prasad Vs. Balram Prasad Misra

Court : Allahabad

Reported in : AIR1954All1

..... pat 137 (d). thelearned judges held that no statuteshould be construed to have a retrospective operation unless such a construction appears very clearly in the termsof the act, or arises by necessary and distinct implication. in our view, this amendment mustbe deemed to have been intended to apply toall claims by creditors whether they had ..... applications. the landlord-applicants who wanted to apply under section 4 had, there fore, all filed their applications by 30-4-193 section 6 of the act required the collector forward these applications.the collectors forwarded these application without delay and in most cases on the sam date on which they were received. after ..... barred or not, and after the amendment he was entitled to have his application dated 18-1-1938, reconsidered.4. section 9(3) of the encumbered estates act before its amendment read as follows: 'the written statement must be presented within the period specified in the notice, unless the claimant satisfies tha special judge that .....

M.V. Rajwade I.A.S., Dist. Magistrate Vs. Dr. S.M. Hassan and ors.

Court : Mumbai

Reported in : 1954CriLJ366

..... a judicial nature, on the result of which the government, under section 22, is required to pass orders one way or the other.under this act, the government acts virtually as an appellate court with power to affirm, reverse or modify the recommendations of the special commissioners. so far as the enquiry itself is concerned ..... which is likely to prejudice mankind against them, then, irrespective of whether the matter is indictable, we would expect the press and the public men to act with the greatest caution before publishing any such inflammatory statement or narration. in this context we appreciate the apologies, in some cases wholly unconditional, which have ..... to the instant case. the commission in question was obviously appointed by the state government 'for the information of its own mind', in order that it should not act, in exercise of its executive power, 'otherwise than in accordance with the dictates of justice and equity' in ordering a departmental enquiry against its officers, it .....

Khalil Ahamad Khan Vs. Malka Mehar Nigar Begum and ors.

Court : Allahabad

Reported in : AIR1954All362

..... by reason of sub-section (2) of section 8, the property must 'be deemed to be evacuee property declared as such within the meaning of this act'. even the acts and ordinances referred to required an investigation to be made, however summary it might be, before the property vested in the custodian and it is no one ..... appellate decree is not an independent adjudication of rights but it will merely be substituted for the decree already passed. there is no provision in the various evacuee acts, and ordinances which even impliedly prohibit a court of appeal from determining the correctness of an adjudication already made.45. again a decree having already been passed ..... if he reserved to himself in the original wakf no such power, in that case the first deed of wakf, viz., which there is no restriction should be acted upon.'84. in his principles and precedents of mohammadan law in the chapter relating to precedents of endowments macnaghten quotes the following passage from 'the 'khazanat-ool- .....