Court : Supreme Court of India
Reported in : [1950]SuppSCR317
..... industrial dispute by the industrial tribunal appointed under ordinance vi of 1949. 21. bharat bank, limited, delhi, the appellant, is a company registered under the indian companies act. its employees made certain demands and as a result of an unfavourable response from the bank it appears that they struck work on the ..... a tribunal consisting of three persons for the adjudication of industrial disputes in banking companies under section 7 of the industrial disputes act (xiv of 1947). the disputes mentioned in schedule ii of the notification were referred under section 10 of the act to this tribunal item 18 of this schedule reads as follows :- 'retrenchment ..... january, 1950. the tribunal was constituted by the central government under section 7 of the industrial dispute act and a large number of dispute between several banking companies and their employees were referred to it for adjudication. amongst these banking companies were the bharat bank limited, the appellants before us, and the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : [1950]SuppSCR245
..... the states and all local or other authorities within the territory of indian or under the control of the government of india.' 18. i find that section 20 of the impugned act provides that the provincial government may by notification declare that the whole or any part of the province as may be specified in the notification is a ..... or any matter which offends against decency or morality or which undermines the security of, or tends to overthrow, the state.' 4. it is contended that section 7(1) (c) of the act, under which the impugned order has been made, cannot be saved by clause (2) of art. 19 of the constitution, because it does not relate ..... how it was judicially interpreted in rex v. government of wormwood scrubbs prison (1). the head-note of this case runs as follows :- 'by section 1 of the defence of the realm (consolidation) act, 1914, power was given to his majesty in council 'during the continuance of the present war to issue regulations............... for securing the public safety .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1950SC11; 1978(2)ELT284(SC); [1950]1SCR15
..... relation to tobacco includes the preparation of cigarettes, cigars, cherots, bidis, cigarette or pipe or hokkah tobacco, chewing tobacco or snuff; and (ii) .............. section 3 of the excise act runs as follows :- 'there shall be levied and collected in such manner as may be prescribed duties of excise on all excisable goods other than salt ..... held that the levy of octroi duty on salt was not within the powers of the provincial legislature. it was argued therefore that under section 100 of the government of india act, octroi duty levied on tobacco under the legislative powers of the provincial government was invalid. the only way to reconcile the two entries ..... various articles into which tobacco can be converted, like bidis, cigarettes, snuff, etc. with different rates of duty mentioned against each article.) sections 143 and 292 of the government of india act, 1935, run as follows :- '143. (1) nothing in the foregoing provisions of this chapter affects any duties or taxes levied in .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1954SC36
..... , penal code cannot be sustained, and that being so, the conviction under section 302 cannot stand. in our opinion, the case comes within the second part of section 304, which deals with the punishment for culpable homicide not amounting to murder when the act is done with the knowledge that it is likely to cause death or cause such bodily ..... injury as is likely to cause death. the conviction of the appellant is therefore altered to one under section 304, and he is sentenced to undergo rigorous imprisonment for five years ..... could not be said that prandas 'had not taken undue advantage acted in a cruel or unusual manner.' 6. it must be observed at the very outset that we cannot support the view which has been expressed in several cases that the high court has no power under section 417, criminal p. c, to reverse a judgment of acquittal, .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1950SC15; [1950]1SCR30
..... agent; in other words, the event has happened upon the occurrence of which a right to the promised commission has become vested in the agent. from that moment no act or omission by the principal can deprive the agent of that vested right.' 57. it is the observations last quoted which are the basis of the decision of the ..... please note that this letter of authority will remain in force for a fortnight only to complete the transaction; after that this letter will stand cancelled.' 41. the agent acting on this authority sold the property. on receipt of this letter the vendor informed the agent that he would not sell the land. on the acceptance of the agent a ..... concluded with the purchaser, the event has happened upon the occurrence of which a right to the promised commission has become vested in the agent. from that moment no act or omission by the principal can deprive the agent of his vested right.' applying that principle, (even if the commission note in the present case were to be construed .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1953SC443
..... of it. it was contended that this finding was not supported by evidence on the record and really ran counter to it. (2) that the suit was barred by section 66, civil p. c. (3) that specific performance being a discretionary relief and the position of the parties having altered since 1929, the court should not specifically enforce ..... she was therefore entitled to demand that. the decision of the high court therefore on this point is affirmed and the contention of mr. setalvad negatived.10. the contention that section 66, civil p. c. bars the suit has, in our opinion, no substance whatever. the appellants when they purchased the house at the auction sale were buying the ..... for themselves so that by acquiring it in their name they may be able to fulfil their agreement of sale with the plaintiff. in these circumstances, the provisions of section 66 do not operate as a bar to the suit.11. the last contention of mr. setalvad is equally without force. to all intents and purposes the plaintiff has .....
Tag this Judgment!Court : Supreme Court of India
Reported in : [1950]SuppSCR102
..... criminal procedure code does not purport to be exhausted or unqualified and various provisions for arrest without warrant are to be found in other acts e.g., police act, arms act, explosives act, indian railways act, etc.; and section 1 (2) of the criminal procedure code expressly lays down that the provisions of the code would not affect any special form ..... have nothing to do with the policy of the legislature or the reasonableness or unreasonableness of the legislation. as was observed by lord watson in union colliery company of british columbia ltd. v. bryden (8) 'in so far as they possess legislative jurisdiction the discretion committed to the parliaments whether of the dominion ..... province by the provincial list without any necessity to invoke powers from the concurrent list. in these circumstances, no question of repugnancy under section 107 of the constitution act did at all arise or fall for consideration. it will be seen that while this court based its decision in meghraj's case on .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1950SC172; (1950)52BOMLR745; [1950]20CompCas179(SC); [1950]1SCR391
..... inter alia : (a) that it may be declared that the resolution of the directors and the offer referred to in para 6 hereof contravenes the provisions of section 105-c of indian companies act and was and is ultra vires and illegal; (b) that it may be declared that the said offer of shares referred to in para 6 hereof is not ..... on appeal. 13. the answer to the first question depends on the meaning to be given to the words used in section 105-c of the indian companies act as to its scope. the section was introduced in the indian companies act in the year 1936. antecedent to this period the question of issue of new shares by the directors were dealt with by ..... 9. the two questions, canvassed in this appeal are : (1) whether the issue of further shares by the directors was in contravention of the provisions of section 105-c of the indian companies act and (2) whether this issue was not made bona fide. both these questions were answered in favour of the respondents by the high court. 10. the bombay .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1950SC134; (1950)52BOMLR719; [1950]181ITR472(SC); [1950]1SCR335
..... with a business and if it was carried on in british india, it might make the profits attributable to such operation taxable under section 42 of the indian income-tax act. the case of rogers pyatt shellac and company v. secretary of state for india i.l.r. 52 cal. i is one of the leading decisions on this point. in ..... profit should accrue from trade exercised within the united kingdom and there was no provision there corresponding to that contained in section 42 of the indian income-tax act. the decision in the secretary, board of revenue, madras v. madras export company i.l.r. 46 mad. 360 was, however, followed by a full bench of the lahore high court in ..... reasoning was adopted by the rangoon high court in commissioner of income-tax, burma v. messers. steel brothers and company i.l.r. 3 rang. 614. among recent cases, on this point, which were decided under section 42 of the income-tax act of 1922, can be mentioned the case of motor union insurance co. ltd. v. commissioner of income-tax .....
Tag this Judgment!Court : Supreme Court of India
Reported in : [1950]18ITR472(SC)
..... of reasoning was adopted by the rangoon high court in commissioner of income-tax, burma v. messers. steel brothers and company. among recent cases, on this point, which were decided under section 42 of the income-tax act of 1922, can be mentioned the case of motor union insurance co ltd v commissioner of income-tax, bombay and ..... profit should accrue from trade exercised within the united kingdom and there were no provision there corresponding to that contained in section 42 of the indian income-tax act. the decision in secretary, board of revenue, madras v. export company was, however, followed by a full bench of the lahore high court in jiwandas v income-tax commissioner, lahore. ..... with a business and if it was carried on in british india, it might make the profits attributable to such operation taxable under section 42 of the indian income-tax act. the case of rogers pyatt shellac and company v secretary of state for india is one of the leading decisions on this point. in that case, a .....
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