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Mahendra Lal Jaini Vs. the State of Uttar Pradesh and ors.

Court : Supreme Court of India

Reported in : AIR1963SC1019; [1963]Supp1SCR912

..... amendment) act 1958, (u.p. ..... it is also contended that the forest amendment act is a valid and constitutional piece of legislation and the various notifications issued under the forest act and the forest amendment act are perfectly good. ..... the petitioner therefore prays that the transfer act and the forest amendment act be declared ultra vires and all actions taken thereunder be held to be void as against the petitioner. ..... we are therefore of opinion that the constitution (fourth amendment) act cannot be applied to the transfer act in this case by virtue of the doctrine of eclipse. ..... if the writ petition was filed before the constitution (fourth amendment) act, the same provision of an act would be unconstitutional while if it was filed after the fourth amendment act, it may be constitutional. ..... therefore which arise for decision in the present petition are these :- (1) has the petitioner no right whatsoever to any property by virtue of the registered lease deed of june 1952 in his favour irrespective of whether the transfer act is valid and constitutional or not, and therefore has no locus standi to maintain the present petition (2) is the transfer act, 1952, valid and constitutional (3) is the forest amendment act of 1956 valid and constitutional 9. .....

Monie Ardeshir Baria and Piloo F. Antia, Executrices of the Estate of ...

Court : Mumbai

Reported in : [1977]106ITR203(Bom)

..... not apply to a disposition made without consideration by way of trust except in the case of a trust falling under section 27 as amended by act 33 of 1958, which amended came into force from 1st july, 1960. q ..... to disposition made without consideration by way of trust, except in the case of trusts falling under section 27 as amended by act 33 of 1958 as from 1st july, 1960. iv ..... income of the trust fund settled by the deceased could not be regarded as property derived from the deceased within the meaning of section 16 of the said act as it stood prior to its amendment by the estate duty (amendment) act, 1958. ..... be regarded as a disposition made by the deceased otherwise than for full consideration in money or money's worth within the definition of 'property derived from the deceased' as it stood prior to its amendment by the estate duty (amendment) act, 1958. ..... to section 10 and the proviso to section 22 had been added to the original provisions of the estate duty act, 1953, by the same amending act of 1965 (finance act of 1965) ..... declaration of trust was obviously applicable to gifts which were sought to be brought within the charge by the amending act of 1889 ..... 1889 was made and phraseology similar to that employed by section 10 of the said act engrafted upon the original provision in section 38(2)(a), amendment provided that the description of property already to be found in section 38(2)(a) was to include property taken under any gift, of which property bona fide possession and enjoyment were not .....

Controller of Estate Duty, Gujarat I, Ahmedabad Vs. M.A. Merchant, Acc ...

Court : Supreme Court of India

Reported in : AIR1989SC1710; (1989)77CTR(SC)177; [1989]177ITR490(SC); JT1989(3)SC177; 1989(1)SCALE1479; 1989Supp(1)SCC499; [1989]2SCR987

..... the estate duty (amendment) act, 1958, repealed the original sections 56 ..... duty (amendment) act, 1958 effected a substantial change in the parent act. ..... of section 59 introduced by the amendment act of 1958 are as follows :59. ..... that by reason of any mistake apparent from the record or of any mistake in the valuation of any property in any case other than a case in which the valuation haf been the subject matter of an appeal under the act or of the omission of any property, the estate duty paid thereon is either in excess of or less than the actual duty payable, he may, either on his own motion or on the application of the person accountable and ..... , thereafter three references were made to the high court at the instance of the revenue raising the identical question :hither section 59 of the estate duty act, 1953 is retrospective in operation and if so, in the facts and circumstances of the case the reopening of the assessment under section 59 of the said act was bad in law?section 62 as originally enacted read as follows :rectification of mistakes relating to valuation for estate duty : (1) if, after the determination of the ..... the accountable persons filed returns under the provisions of the estate duty act, 1953 and an assessment was made by the deputy controller of estate duty on 26 ..... on 21 february, 1962 a notice under the new section 59 of the act was issued to the accountable person concerned for reopening the assessment on the ground that some property had escaped the levy of .....

Puttoo Lal Vs. Ram Sewak

Court : Allahabad

Reported in : AIR1972All470

..... it was held that in view of the amendment introduced by the amendment act of 1958 the suit for partition was maintainable in the revenue court and was governed entirely by the provisions applicable to suits tried by ..... 1970 all lj 923 in which a division bench of this court considered the effect of the amendments introduced by the aforesaid amendment act of 1958 upon a suit already pending. ..... therefore, after the amendment act of 1958 a suit for partition of bhumidhari holding lies in the revenue court, which declares the rights of the parties and finally partitions the holdings or separates ..... case the final decree was obviously ordered to be drawn up and in fact actually drawn up after the enforcement of the amendment act, 1958. ..... to the cases which were already pending at the time of the enforcement of the amendment act it was observed that after passing the preliminary decree the jurisdiction of the civil court had ..... which would declare the rights of the several parties, and the partition of the holding or separation of the shares therein would also be effected by the revenue court.referring to section 182-b of the act it was observed that when section 182 provides that the partition of a holding or separation of share shall be made by the court it refers the court which entertains the suit and that is the revenue court. ..... zamindari abolition and land reforms act by act xxxvii of 1958 the civil court had no jurisdiction to pass the final decree in the case and as such the final decree .....

State of Uttar Pradesh Vs. Raja Anand Brahma Shah

Court : Supreme Court of India

Reported in : AIR1967SC661; [1967]1SCR362

..... land reforms (amendment) act, 1958 (including section 1 thereof) shall, notwithstanding any judgment, decree, determination or order of any court be so construed as if the said proviso had, since the said date, formed part of the principal act, as also of the definition of the word 'estate' as given in the uttar pradesh zamindari abolition and land reforms (amendment) act, 1958 : provided that in mirzapur district each of the areas bounded as given in schedule vii shall, notwithstanding anything contained ..... the uttar pradesh zamindari abolition and land reforms (amendment) act, 1963, hereinafter called the impugned act, is within the definition of the word ..... 31a(2) as enacted by constitution (seventeenth amendment) act, 1964, reads as follows :- '31a(2) in this article - (a) the expression 'estate' shall in relation to any local area, have the same meaning as that expression or its local equivalent has in the ..... land reforms (amendment) act, 1956 (including ..... land reforms (amendment) act, 1954 (including ..... the learned counsel for the state has raised three points before us in the two appeals filed by the state : (1) in view of the impugned act, pargana agori is an 'estate' within the reforms act; (2) the high court was in error in holding that on account of the mention of a wrong area in the khewat the entry cannot be said to be in respect of the entire area; (3) naksha pattidaris prepared by ..... 3(8) of the reforms act as it existed in 1958 or earlier or any other ..... act xiv of 1958 .....

Harish Chander Malik Vs. Vivek Kumar Gupta and Others

Court : Delhi

..... according to clause (b) of sub- section (1) of section 19, where any decree or order is obtained in any suit or proceeding instituted before the commencement of the slum areas (improvement and clearance) amendment act, 1964, for the eviction of a tenant from any building or land in a slum area, no person shall execute such decree or order, except with the previous permission in writing of the competent authority. ..... under the delhi rent control act, 1958, the definition of tenant' does not include a person against whom an order or decree for eviction has been made. ..... the word "tenant" has not been defined in the slum clearance act but section 2(1) of the delhi rent control act, 59 of 1958, defines it thus: "2. ..... the delhi rent control act, 1958 is expressly enacted to protect the possession of tenants whose contractual tenancy has been so terminated. ..... such a tenant is no doubt a tenant for the purposes of the slum areas act as held by the bench in bardu ram's case (supra), but he is only a statutory tenant as he, notwithstanding the decree or order of eviction, continues to be in possession of the property by virtue of the delhi rent control act, 1958, and the slum areas act. ..... the appellant that explicit averment has been made in para 18 of the plaint.as defendants 1-3 had sublet the premises to the defendant no.4 at a monthly rent of rs.15,000/-, per month, hence the provisions of the delhi rent control act, 1958, are not applicable to the present proceedings. .....

Orissa Mineral Development Co. Vs. Commissioner of Sales Tax

Court : Orissa

Reported in : AIR1960Ori79; [1960]11STC12(Orissa)

..... this application the act was further amended by the orissa sales-tax (amendment) (amendment) act 1958 (orissa act xxvi of 1958) by which orissa act xx of 1957 was itself amended by the insertion of a new clause (clause iii) in sub-section (1) of section 11 of that act. ..... , of the collector by or on the 2nd december, 1957, shall have the right to prefer an appeal before the tribunal against the said order within sixty days from the date of commencement of the orissa sales-tax (amendment) (amendment) act 26 of 1958, and the provisions of sub-section (3) of section 23 of the said act as amended by this act, shall apply to such appeals'.7. mr. ..... the 23rd april, 1958 the petitioner had no other remedy because the amending act (orissa act xx of 1957) did not provide for such a contingency and the mere fact that during the pendency of this petition the legislature has conferred an alternative remedy on the applicant by way of a regular appeal before the tribunal by passing orissa act xxvi ot 1958, would be no ground for this court to refuse to ..... , 1957, the orissa legislative council passed an act entitled the orissa sales-tax (amendment) act 1957 (orissa act xx of 1957) ..... by the amending act an independent authority known as the sales-tax tribunal was constituted for orissa and a right of appeal to that authority was given to a party aggrieved by an appellate order of the sales-tax officer.the right of revision conferred on the commissioner of sales-tax was restricted to revisions against .....

Shitla Prasad and ors. Vs. Bans Bahore and ors.

Court : Allahabad

Reported in : AIR1974All197

..... 'including section 5 thereof' were added to section 341 of the act by section 82 of the uttar pradesh land reforms (amendment) act, 1958 (u. p. ..... 'the effect of the amendment of the said section by the act of 1922 came up for consideration in chheda lal jain's case (supra) and the following observations made in that connection may be reproduced:'in view of the amendment effected in section 29 of the indian limitation act, 1908, by the act of 1922 the situation stands slightly altered, because as the section originally stood it laid down that the provisions of the act did not affect or alter any rule of limitation prescribed in ..... , therefore, legitimate to infer that perhaps it was in pursuance of that underlying policy that the whole of the limitation act was made applicable to the act and as soon as some courts expressed the view that section 5 did not apply to proceedings under the act the legislature lost no time in suitably amending the provisions of section 341 of the act so as to put it beyond doubt that even section 5 of the limitation act applied to proceedings under the act.6. ..... opinion we respectfully find ourselves in agreement, stated his conclusion thus:'the expression 'the remaining provisions of this act shall not apply' in the amended section 29 simply means that they are not to apply proprio vigore, that is, merely by virtue of the limitation act itself, and that if they are to apply, the grounds for applying them must be found in the special or local act itself. .....

V.B. Raju Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR1980SC1671; (1980)0GLR960; 1980Supp(1)SCC513; [1981]1SCR599; 1980(12)LC898(SC)

..... added to section 14 of the 1954 act by section 6 of the high court judges (conditions of service) amendment act, 1958 (for short the 1958 act) with effect from the 1st november, 1956 and stated :provided further that if a judge at the time of his appointment is in receipt of a pension (other than a disability or wound pension) in respect of any previous service in the union or a state, the pension payable under this act shall be in lieu of, and not ..... the following proviso was added to sub-paragraph (1) of paragraph 10 of part d of the second schedule to the constitution by the constitution (seventh amendment) act, 1956 (the 1956 act, for brevity) with effect from the 1st november, 1956 :provided that if a judge of a high court at the time of his appointment is in receipt of a pension (other than a disability ..... of parts i, ii and iii of the first schedule to the 1954 act as amended by the 1958 act with effect from the 1st november, 1956, may also be set out ..... province or part thereof; or(b) having been appointed by his majesty before the appointed day to be a judge of the federal court or of any court which is a high court within the meaning of the government of india act, 1935, continues on and after the appointed day to serve as a judge in either of the new dominions:shall be entitled to receive from the government of the dominions and provinces or parts which he is from time ..... itself enacted in paragraph 10 of its second schedule both before and after its amendment by the 1956 act. .....

Capt. S.C. Adhikari and ors. Vs. Air India and ors.

Court : Mumbai

Reported in : 2001(2)ALLMR17; 2001(2)BomCR269; (2001)2BOMLR27; [2001(88)FLR793]; (2002)IVLLJ409Bom

..... majority of the workers on its roll, and was recognised as the representative union and registered as such under the industrial disputes act, as amended by the rajasthan industrial disputes (amendment) act, 1958. ..... tulsi, therefore, do not support his contention that the supreme court has laid down that a settlement arrivedat under section 18 of the industrial disputes act is liable to be challenged in the high court by way of a writ petition on the ground that the same is unjust, unfair, not bond fide, and has been arrived at on account of fraud, misrepresentation or concealment of facts ..... represent a substantial number of workers who supported the settlement, it held that the settlement was not a settlement under section 2(p) of the act and it was not open to it to take notice of the said settlement in proceedings under articles 226 and 227 of the constitution ..... the tribunal found that the settlement dated 31st july 1973 was a settlement under section 2(p) of the act, that the same was entered into voluntarily and that the workmen who had signed and/or accepted the settlement had done so voluntarily and lastly that the settlement ..... in any event, the petitioners must seek their remedy under the provisions of the industrial disputes act instead of invoking the writ jurisdiction of this court under articles 226 and 227 of the ..... is well settled that sub-section (3) of section 18 of the industrial disputes act departs from the ordinary laws of contract and gives effect to the principle of .....