Judgment Search Results Home > Cases Phrase: education act 1983 section 2 definitions Sorted by: old Court: supreme court of india Page 9 of about 5,272 results (0.281 seconds)

State of U.P. Vs. Deoman Upadhyaya

Court : Supreme Court of India

Reported in : AIR1960SC1125; 1960CriLJ1504; [1961]1SCR14

..... the arguments of the learned counsel for the respondent, to the question put from the bench whether an accused who makes a confession of his guilt to a police-officer would not by the act of confession submit himself to his custody, the learned counsel answered that the finding of the high court was in his favour, namely, that such a confession would not bring about that result. ..... 989 thus : 'dealing, as its followers do, with the lives and health of the people, and requiring for its successful practice general education and technical skill, as well as good character, it is obviously one of those vocations where the power of the state may be exerted to see that only properly qualified persons shall undertake its responsible ..... to make any statement he chooses without his being placed on guard by timely caution, no statement made by him is permitted to be proved; whereas by the accused being taken into custody, the argument proceeds, by the said act itself the accused gets sufficient warning that his statement may be used in evidence and that this difference affords a sufficient basis for the classification. ..... held in some decisions that 'when a person states that he has done certain acts which amount to an offence, he accuses himself of committing the offence, and if he makes the statement to a police-officer, as much, he submits to the custody of the officer within the meaning of clause (1) of this section, and is then in the custody of a police-officer within the meaning of .....

Babu Barkya Thakur Vs. the State of Bombay and ors.

Court : Supreme Court of India

Reported in : AIR1960SC1203; [1961]1SCR128

..... for a company may or may not be for a public purpose, the provisions of part vii make it clear that the appropriate government cannot permit the bringing into operation the effective machinery of the act unless it is satisfied as aforesaid, namely, that the purpose of acquisition is to enable the company to erect dwelling houses for workmen employed by it or for the provision of amenities directly connected with ..... , lease, mortgage, assignment, exchange or otherwise, or any outlay or improvements made therein, without the sanction of the collector after the date of this notification will, under section 24 (seventhly) of the said act, be disregarded by the officer assessing compensation for such parts of the said lands as may be finally acquired. ..... the statute was not invalid for that reason provided that from the whole tenor and intendment of the act it could be gathered that the property was acquired either for the purpose of the state or for ..... on the issue of such a notification it is permissible for a public servant and workmen to enter upon the land to do certain acts specified therein with a view to ascertaining whether the land is adapted for the purpose for which it was proposed to be acquired as also to determine the boundaries of the ..... the definition section 3, the definitions of ..... hospital or a public reading room and library or an educational institution open to the public, it cannot be doubted that the work is one of public utility and comes within the provisions of the act. .....

Homi Jehangir Gheesta Vs. the Commissioner of Income-tax, Bombay

Court : Supreme Court of India

Reported in : AIR1961SC1135; [1961]41ITR135(SC); [1961]1SCR770

..... the short point for consideration is this - was the high court right in summarily rejecting the petition under section 66(2) in other words, did the order of the tribunal dated october 7, 1955, on the fact of it raise any question of law on behalf of the appellant it has been argued that the principles laid down by this court in dhirajlal ..... the tribunal states : 'we were also told that the assessee was taking his education between 1943 and 1950 and as such he had no opportunity to earn any income. ..... the tribunal held that no question of law arose out of its order dated october 7, 1955, and by its order dated march 8, 1956, dismissed the application of the appellant for a reference under section 66 of the income-tax act, 1922. 9. ..... 87,500 under section s.23(3) of the indian income-tax act, 1922. ..... the appellant unsuccessfully moved the bombay high court by means of a petition under section 66(2). .....

The State of Madhya Pradesh and anr. Vs. Baldeo Prasad

Court : Supreme Court of India

..... during the period the proclamation of emergency issued or renewed under section 3 is in operation, the district magistrate having jurisdiction in or in any part of the proclaimed area, if satisfied that there are reasonable grounds for believing that the presence, movements or acts of any goonda in the proclaimed area is prejudicial to the interests of the general public or that a reasonable suspicion exists that any goonda is committing or is likely to commit acts calculated to disturb the public peace or tranquillity may make ..... in such a case it is absolutely essential that the act must clearly indicate by a proper definition or other wise when and under what circumstances a person can be called a goonda, and it must impose an obligation on the district magistrate to apply his mind to the question as to whether the person against whom complaints are ..... incidentally it would also be relevant to point out that the definition of the word 'goonda' affords no assistance in deciding which citizen can be put under that category ..... it would thus be seen that the definition of the word 'goonda' is an inclusive definition, and it includes even persons who may not be hooligans, roughs or vagabonds if they are otherwise dangerous to public peace or ..... is why we think the definition of the word 'goonda' should have given necessary assistance to the district magistrate in deciding whether a particular citizen falls under the category of goonda or not; that is another infirmity in the act. .....

The Commissioner of Income-tax, Bombay Circle Ii Vs. the National Synd ...

Court : Supreme Court of India

Reported in : AIR1961SC398; [1961]41ITR225(SC); [1961]2SCR229

..... .' it was, however, pointed out that the source was not necessarily one which was expected to be continuously productive, but one whose object was the production of a definite return, excluding anything in the nature of a mere windfall, and that 'capital' in most cases was hardly more than an element in the process of production. 19 ..... it then moved the high court, and obtained an order under section 66(2) of the income-tax act, and the following two questions were referred : '(1) whether the tribunal was justified in law in holding that the petitioner had carried on its business only till the twenty-eighth day of august, one thousand ..... on the second question, the high court was of opinion that the business having been carried on for at least a part of the account year, section 10(2)(vii) was applicable, and that, therefore, this allowance had to be made under that clause. ..... inasmuch as we were in agreement with the high court on the question of the applicability of section 10(2)(vii), we also felt that no useful purpose would be served in examining the matter to find out whether the business had, in fact, closed on august 28, 1945 or had continued till the end of the account year. 6. ..... view to winding up, the machinery or plant not being used during the accounting period at all and in any event not having had any connection with the carrying on of that limited business during the accounting year, section 10(2)(vii) can have no application to the sale of any such machinery or plant.' 14 .....

Manohar Lal Vs. the State of Punjab

Court : Supreme Court of India

Reported in : AIR1961SC418; 1961CriLJ570a; [1961(2)FLR107]; (1961)IILLJ67SC; (1961)63PLR660; [1961]2SCR343

..... the appellant admitted the facts but he pleaded that the act would not apply to his shop of establishments for the reason that he had engaged no strangers as employees but that the entire work in the shop was being done by himself and by the members of the family, and that to hold that section 7(1) of the act would apply to his shop would be unconstitutional as violative of the fundamental rights ..... section 7(1) were valid, the appellant was guilty of a contravention of its terms and he was accordingly prosecuted in the court of the additional district magistrate, ferozepore, for an offence under section 16 of the act which ran : 'subject to the other provisions of this act, whoever contravenes any of the provisions of this act........... ..... of the act extracted earlier and on which learned counsel placed considerable reliance as a guide for the determination of the scope of the act and the policy underlying the legislation, no doubt, indicates the main purposes of the enactment but cannot, obviously, control the express operative provisions of the act, such as for example the terms of section 7(1). ..... though the validity of section 7(1) of the act was challenged in the high court of various grounds, learned counsel who appeared before us rested his ..... section 7 of the punjab trade employees act, 1940 (hereinafter called the act ..... of the constitution granted by the high court of punjab raises for consideration the constitutionality of section 7(1) of the punjab trade employees act, 1940. 2. .....

Pandit Jhandu Lal and ors. Vs. the State of Punjab and ors.

Court : Supreme Court of India

Reported in : AIR1961SC343; [1961]2SCR459

..... of the collector it becomes necessary to acquire the immediate possession of any land for the purpose of any library or educational institution or for the construction, extension or improvement of any building or other structure in any village for the common use of the inhabitants of such village, or any godown for any society registered under the co-operative societies act, 1912 (ii of 1912), or any dwelling-house for the poor, or the construction of labour colonies under a government-sponsored ..... further in exercise of the powers conferred by sub-section (4) of section 17 of the said act the governor of punjab is pleased to direct that, on the grounds of urgency, the provisions of section 5(a) of the said act, shall not apply in regard to this acquisition'. 3. ..... this notification is made under the provisions of section 4 read with section 17 of the land acquisition act, 1894, as amended by the land acquisition (punjab amendment) act, 1953, to all to whom it may concern and the collector shall cause public notice of the substance of this notification to be given at convenient places in the said locality; in exercise of the powers conferred by the aforesaid sections, the governor of the punjab is pleased to authorise the president of the above said society with the members .....

The Ahmedabad Textile Industry Vs. the State of Bombay and ors.

Court : Supreme Court of India

Reported in : AIR1961SC484; [1961(2)FLR33]; (1960)IILLJ720SC; [1961]2SCR480

..... in these circumstances we have no hesitation in coming to the conclusion that the appellant-association is carrying on an activity which clearly comes within the definition of the word 'industry' in section 2(j) and which cannot be assimilated to a purely educational institution. ..... 569 where it was held that educational activities of the state carried on under appropriate statutes and statutory regulations relating to education did not constitute industry within the meaning of section 4 of the commonwealth conciliation and arbitration act. 6. ..... 'industry' is defined in section 2(j) of the act as meaning any business, trade, undertaking, manufacture or calling of employers and includes any calling, service, employment, handicraft, or industrial occupation or avocation of ..... it was pointed out that it was difficult to state these attributes definitely or exhaustively but as a working principle it was said that an activity systematically or habitually undertaken for the production or distribution of goods or for the rendering of material services to the community at large or a part of such community with the help of employees would be an undertaking within the meaning of the act provided it was carried on in an organized manner like trade or business ..... main contention of the appellant before the tribunal was that the reference was not competent under the industrial disputes act, xiv of 1947 (hereinafter called the act), as the appellant was not an industry within the meaning of the act. .....

The Hingir-rampur Coal Co. Ltd. and ors. Vs. the State of Orissa and o ...

Court : Supreme Court of India

Reported in : AIR1961SC459; [1961]2SCR537

..... tax on income, on the ground that this is merely a mode of quantification as an instance, take, item 6 of list ii, 'public health and sanitation, hospitals and dispensaries', item 9, 'relief of the disabled and unemployable ', item 11, education; item 12, libraries, museums and similar institution'; item 13, communications, that is to say, roads, bridges an other means of communications; item 17, 'water, that is to say, water supplies, irrigation and canals, drainage and embankments, water ..... tax was the annual value the building which is the basis used in the indian income-tax act for determining income from property and so, the attack against the section was based the ground that it had adopted the same basis for levying the impost as the income-tax act and the said basis determined its character whatever may be the appearance in which the impost ..... . if the services intended to be rendered to the notified mineral areas require that a fairly large cess should be collected and co-relation can be definitely established between the proposed services and the impost levied, then it would be unreasonable to suggest that because the rate of the levy is high it is not ..... scheme, the cess collected is constituted into a specific fund and it has not become a part of the consolidated fund, its application is regulated by a statute and is confirmed to its purposes, and there is a definite co-relation between the impost and the purpose of the act which is to render service to the notified area .....

Commissioner of Income-tax, Bihar and Orissa Vs. Maharaja Pratapsingh ...

Court : Supreme Court of India

Reported in : AIR1961SC1026a; [1961]41ITR421(SC); [1961]2SCR760

..... those questions were : '(1) whether in the circumstances of the case assessment proceedings were validly initiated under section 34 of the indian income-tax act (2) if so, whether in the circumstances of the case the amount received from interest on arrears of agricultural rent was rightly included in the income of the assessee ?' 2. ..... the amending act by its first section made sections 3 to 12 of the amending act retrospective by providing 'sections 3 to 12 shall be deemed to have come into force on the 30th day of march, 1948. .... ..... held that the revival of the right of action for criminal conversation did not invest the plaintiff with a right to begin an action again and thus expose the defendant to a double jeopardy for the same act, unless the stature expressly and by definite words gave him that right. ..... before the notices were issued, the income-tax officer had not put the matter before the commissioner for his approval, as the section then did not require it, and the assessments were completed on those notices. ..... ' section 8 of the amending act substituted a new section in place of section 34, and in addition to textual changes with which we are not concerned, also added a proviso to the following effect : 'provided that - (1) the income-tax officer shall not issue a notice under this sub- section unless he has recorded his reasons for doing so and the commissioner is satisfied on such reasons that it is a fit case for the issue of such notice.' 5. .....