Court : Kerala
Reported in : (1970)ILLJ263Ker
..... the age of retirement of the teachers to 55. the petitioner in original petition no. 1794 of 1968 also contends that the relevant rule is the kerala education act has not been amended to give effect to ex. p. 5 order, and therefore, as the rule stands, he can be retired only at the age of 60.2. exhibit ..... , wereno public utility shall charge, demand, collect or receive a greater or less compensation for any service than is prescribed....the privy council held that the maritime electric company was not estopped from claiming the balance due to them although the dairy company had paid more to the farmers for their cream than they would have paid ..... is thought that they include other matters where the contract would prevent the state from fulfilling its essential functions. the principle was described by lord birkenhead in birkdale district electric supply company v. southport corporation 1926 a.c. 355 at 364 as a well-established principle of law. ha said:if a person or public body is entrusted .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1969Raj142
..... wholly and exclusively laid out for the purpose of business etc.' were substituted to bring the act in line with the corresponding united kingdom statute. the clause as it existed before the amendment was considered by the privy council in tata hydro-electrical agencies, ltd., bombay v. commissioner of income-tax, bombay presidency and aden and lord macmillan ..... is to discriminate between expenditure which is, and expenditure which is not, incurred solely for the purpose of earning profits or gains.' the words used in the amended clause appear no doubt wider than the words 'solely for the purpose of earning such profits' as it existed before 1939, yet the difficulty pointed out by ..... referring the question of law to this court and the tribunal has consequently made the present reference. 7. a reference to section 10(2)(xv) of the act makes it clear that in order to claim successfully a deduction, the assessee must prove that the expenditure was laid out or expended 'wholly and exclusively' for .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1969SC267; (1969)GLR366(SC); [1969]1SCR589
..... , 1959 (32 of 1959) this is to give you notice that the gujarat electricity board has decided to exercise ..... electric license 1923 granted by the government of baroda under the state electricity act, samvat 1964.dear sir,in exercise of the powers conferred on the gujarat electricity board by virtue of section 71 of the electricity (supply) act, 1948, read together with section 8 of the indian electricity act, 1910, as amended by the indian electricity (amendment) act ..... where a license has been granted to any person not being a local authority, state electricity board shall.-(a) in the case of a license granted before the commencement of the indian electricity (amendment) act, 1959 on the expiration of each such period as is specified in the license................ .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1969SC239; (1969)GLR349(SC); [1969]1SCR580
..... .15. it was next contended on behalf of the respondent that by the time the licence period expired, section 7 of the act had been amended and section 71 of the electric (supply) act, 1948 repealed, no provision was made to preserve the rights already acquired under those provisions, hence the appellant is not entitled to purchase the undertaking. it is not the case ..... whether on the basis of the notice issued by the bombay state electricity board on january 8, 1959 under section 7 of the indian electricity act, 1910 (to be hereinafter referred to as the act) prior to its amendment in 1959, the appellant can compulsorily purchase from the respondent his concern 'the bilimora electric power supply co.'. in his application before the high court under article .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1969All518
..... include the high authority of the privy council in ramdutt ramkissen das v. e. d. sassoon & co., air 1929 pc 103 and hansraj gupta v. dehradun mussoorie electric tramway co. ltd. . a full bench of this court in shiam lal j. dewan v. official liquidators : air1933all789 adopted the same view. 4. then the central ..... 181 could now be construed as extending to applications made under other enactments.5. now, with very great respect, it appears difficult to appreciate how the amendment of articles 158 and 178 could affect the construction of article 181 when the language of that article continued unaltered. if the earlier construction given by judicial ..... arbitration. it repealed the provisions in the code of civil procedure relating to arbitration. it also effected consequential amendments in articles 158 and 178 of the limitation act, article 158 now spoke of applications -'under the arbitration act, 1940, to set aside an award or to get an award remitted for reconsideration' and article 178 of .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1969SC778; [1969]72ITR595(SC); [1969]1SCR714
..... fact that there has been no determinable point of time between the expiry of the time provided under the old act and thecommencement of the amending act. the legislature has given to section 18 of the finance act, 1956, only a limited retrospective operation, i.e., up to april 1, 1956, only. that provision must be read ..... proceeding for assessment against the assessee as an agent of a non-resident party under the income-tax act before it was amended, ended on march 31, 1956. it is true that, under the amending act, by section 18 of the finance act, 1956, authority was conferred upon the income-tax officer to assess a person as an agent of ..... of the income-tax officer under the act before it was amended by the finance act of 1956 having already come to an end, the amending provision will not assist him to commence a proceeding even though at the date when he issued, the notice it is within the period provided by that amending act. this will be so, notwithstanding the .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1970Cal398
..... .30. mr. sen, in reply, pointed out that the resolution of the company in general meeting produced under subpoena was passed in the year 1956. the companies act was amended in 1960 and the central government took over this company in 1961. so the loan transactions by the company with the state bank after 1960 could not be validated ..... am entirely unable to appreciate the last point urged by mr. sen. by no stretch of imagination could it be said that the petition for winding-up of india electric works ltd., involve any question of law as to the interpretation of the constitution. there can be no application of the principles of order 27-a of the civil procedure code ..... the company is for rs. 59,527, m/s. narayan choudhury bros. (p.) ltd., whose claim amounts to rs. 54,525 and by the secretary of the india electric works employees association, a registered trade union, who claims that the company is indebted to the members of the said association to the extent of rs. 29,50,000 consisting .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1969MP53; 1968MPLJ395; [1969]23STC308(MP)
..... the registration certificate on 10th september 1965; but it was not until 30th march 1966 that the sales tax officer made an order allowing the amendment in part only in regard to electrical bulbs and lighting fixtures for factory. the order of the commissioner was passed thereafter on 18th may 1967. thus, there was an interval of ..... and tractors that the petitioner could purchase after paying concessional rate of tax cannot be sustained.4. in regard to the date of effectiveness of the amendment in the registration certificate, the act or the central sales tax (registration and turnover) rules, 1957, do not contain any provision indicating the date from which any ..... be purchased. if a registered dealer misuses the certificate of registration granted to him, then the authority granting it has the power under section 7(4) of the act to cancel it. in our judgment the restriction put by the commissioner of sales tax on the number of diesel locomotives, cranes, fork lifts, railway line trollies, .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1969SC513; [1969(18)FLR315]; (1969)ILLJ734SC; [1969]2SCR131
..... of the provisions of the standing orders. there, as noticed in the case of rohtak hissar district electricity supply co. ltd., : (1966)iillj330sc the legislature made a drastic change in the policy of the act by amending section 4 and laying upon the certifying officer the duty of deciding whether the standing orders proposed by ..... submitted for certification and compare them with the model standing orders. in 1956, however, a radical change was made in the provisions of the act. section 4, as amended by act 36 of 1956, has imposed upon the certifying officer or the appellate authority the duty to adjudicate upon the fairness or the reasonableness of the ..... compulsorily certified. the matters in. respect of which the conditions of employment had to be certified were specified in the schedule to the act. as the act stood prior to its amendment in 1956, section 3 required the employer to submit to the certifying officer draft standing orders proposed by him for adoption in his establishment .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1969SC474; 1969(17)BLJR385; [1969]2SCR232
..... applied to applications 'under the same code for the filing in court of an award ....'. the arbitration act, 1940 amended articles. 158 and 178. the amended article 158 applies to applications 'under the arbitration act, 1940 to set aside an award or to get an award remitted for consideration', that is to say, to ..... with 'certain applications' only, and not with all applications.'3. this decision was followed in numerous cases and was approved in hansraj gupta v. official liquidator dehra dun, mussourie electric tramway company, [1933] l.r. 60 indap 13. having regard to these decisions, das, j. said in shah mulchand & co., v. jawahar mills ltd., : [ ..... implied reference in article 181 to the code of civil procedure cannot be construed as a reference to the arbitration act, 1940.8. before their amendment by the indian arbitration act, 1940, article 158 of the limitation act applied to applications 'under the code of civil procedure, 1908 to set aside an award' and article 178 .....
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