Court : Supreme Court of India
Reported in : AIR1953SC241; (1953)IILLJ321SC; [1953]4SCR780
..... the exercise of his discretion discharge or dismiss the workman but in that event an industrial dispute within the meaning of its definition contained in section 2(k) of the industrial disputes act, 1947, would arise and the workmen who had been discharged or dismissed would be entitled to have that industrial dispute referred to the regional ..... was issued by the governor of the united provinces in exercise of the powers conferred by clauses (b), (c), (d) and (g) of section 3 and section 8 of the united provinces industrial disputes act, 1947. it provided for the constitution by the provincial government of such number of conciliation boards as might be deemed necessary for the settlement of ..... non-participation in the making and signing of the award rendered the award void and inoperative. the board was empowered under the amendment clauses 4 and 7(3) to act in the absence of shri j. k. bhagat and the award as it was made and signed by the two remaining members, viz., shri r. p. maheshwari .....
Tag this Judgment!Court : US Supreme Court
..... , filed a complaint in the united page 345 u. s. 243 states district court or the eastern district of michigan. sections 2-5, inclusive, and section 7 of the act were alleged to violate various provisions of the federal constitution. a declaratory judgment to that effect was sought, along with an injunction ..... is substantially directed, dominated or controlled by the union of soviet socialist republics or its satellities, or which in any manner advocates, or acts to further, the world communist movement." "sec. 4. a 'communist front organization' is any organization, the members of which are not all communists, but which is substantially directed ..... as creating vagueness. the answers given to these and possibly other problems of construction and interpretation arising under the definitions in sections 2-4 will determine the ultimate scope of the act. interpretation of state legislation is primarily the function of state authorities, judicial and administrative. the construction given to a .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1953SC252; (1953)55BOMLR536; (1953)IMLJ743(SC); [1953]4SCR1069; [1953]4STC133(SC)
..... i will ignore the rules altogether and consider what would happen if the rules were not there at all or had been brought into existence after the act. 62. the taxing sections 5 and 10 empower a levy of tax on all sales made within the state of bombay when the turnover reaches a certain figure. this would ..... the business of selling goods in the state of bombay shall, in respect of such business, be deemed to be dealer for the purpose of the act. 'sale' is defined by section 2(14) with all its grammatical variations and cognate expressions as meaning any transfer of property in goods for cash or deferred payment or other valuable ..... a provincial enactment providing for the avoidance of benami transactions as therein specified and the question was whether it was ultra vires the legislature as contravening section 298(1) of the government of india act, 1935, which forbade the prohibition, inter alia, of disposition of property by an indian subject on certain grounds which included 'descent'. it .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1953SC287; 1953CriLJ1158; [1953]4SCR661
..... years, the file of the case shall be forwarded to the high court and the execution of the sentence stayed until manjuri is given in accordance with section 20. section 307 further provides that when the high court has affirmed a death sentence or sentence of life imprisonment, then its opinion together with the file of the ..... regulation authorised the chief minister to appoint, after consulting the high court, as may special judges as may from time to time be required for the purpose of section 5. section 5(1) laid down that every special judge shall try - (a) such offences of which the trial was immediately before the 16th december, 1949, pending before ..... , subsequent to the coming into force of the constitution, and the question that requires consideration is, whether the procedure that was actually followed by the special judge acting under the impugned regulation did give the accused the substance of a normal trial, or, in other words, whether he had been given fair measure of equality .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1953SC274; 1953CriLJ1105; (1953)IMLJ739(SC); [1953]4SCR677
..... 771 annas odd on a total turnover of rs. 37,75,257 and for failure to pay the same proceedings were instituted against him under the provision of section 15 of the act which resulted in his conviction as mentioned above. the course of business, which is usually followed by the company and which was actually followed during the period for ..... a sale in the province of madras and as these words occur in the title and preamble of the act it was not deemed necessary to repeat them in the definition or the charging sections. section 3 is the charging section in the act and it provides for the levy of a tax on the total turnover of a dealer for a particular ..... by which the learned judges affirmed an order of the seventh presidency magistrate, madras, dated february 25, 1952, convicting the appellant of an offence punishable under section 15 of the madras general sales tax act and sentencing him to pay a fine of rs. 1,000; in default to suffer imprisonment for a period of 3 months. 2. the appellant is .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1953SC278; (1954)56BOMLR1; [1953]4SCR825
bose, j.1. the appellants have been convicted under sections 7 and 9 of the essential supplies act (no. xxiv of 1946) on two counts. the first appellant is a registered joint stock company ..... february, 1946, required every manufacturer to submit 'true and accurate information relating to his undertakings' to the textile commissioner c.s.t. section at bombay. in compliance with this order the first appellant submitted a return, signed by the third appellant, on 10th march, 1947. this ..... deal direct. it is necessary at this stage to understand that because of various orders and rules made under the essential supplies act the first appellant could only sell to specified quota-holders and only up to the limits of their quotas. the two quota-holders ..... order to the mills office. 10. it will be seen that the first appellant has no direct dealings with the purchaser. it acts through dwarkadas & company in every case. 11. it will now be necessary to trace the history of the two consignments relating to .....
Tag this Judgment!Court : US Supreme Court
..... such federal regulation, however, to extend only to those matters which are not subject to regulation by the states." section 201(b) states, in apparently similar vein, that the act is not to "deprive a state or state commission of its lawful authority now exercised over the exportation of hydroelectric ..... reasonable rate, charge, classification, rule, regulation, practice, or contract to be thereafter observed and in force, and shall fix the same by order." [ footnote 4 ] section 201(a): "it is hereby declared that the business of transmitting and selling electric energy . . . is affected with a public interest, and that federal regulation of ..... reasonable . . . to the customer . . . , and whenever any of the states directly concerned has not provided a commission or other authority to enforce the requirements of this section within such state . . . or such states are unable to agree through their properly constituted authorities on the services . . . or on the rates . . . jurisdiction is .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1953SC298; (1954)56BOMLR6; [1953]4SCR691
..... come into play and there can be no vesting of the property retrospectively before such property is declared as evacuee property within the meaning of section 2(f) of the act. 17. reading sections 7 and 8 together it appears that the custodian gets dominion over the property only after the declaration is made. the declaration follows upon ..... to be restored to the owner. 30. mr. desai counsel for the petitioner referred in the course of the arguments to section 93 of the presidency towns insolvency act and section 17 of the provincial insolvency act. according to the former 'if a debtor by or against whom an insolvency petition has been presented dies, the proceedings in ..... of civil jurisdiction does not apply, as the custodian is not a court, though the proceedings held by him are of a quasi-judicial nature. section 45 of the act applies the provisions of the code only in respect of enforcing the attendance of any person and examining him on oath and compelling the discovery and production .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1953SC318; 1953CriLJ1241; [1953]4SCR708
..... now said to be under unlawful detention. 2. the petitioner was arrested on the 10th march, 1953, under an order of the district magistrate of delhi made under section 3 of the preventive detention act as amended. the grounds of detention were communicated to the petitioner on the 15th march, 1953. the first paragraph of that communication states that 'the jan sangh ..... his detention. the argument is not without force, as the possibility suggested cannot altogether be ruled out. the attorney-general drew attention to the recent amendment of section 10 of the preventive detention act as a result of which the petitioner would be entitled to be heard in person before the advisory board if he so desires and, it was said, that .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1953SC320; 1953(1)BLJR399; [1953]4SCR720
..... receiver of an individual proprietor who may happen to become insolvent in another state. 9. finally, mr. p. r. das strongly relies on section 41 of the act and contends that that section would be wholly inapplicable to a company and that circumstance by itself would indicate that the bihar legislature did not intend that a company owning ..... r. das is that even if the bihar legislature could make a law for acquiring zamindari estates of incorporated companies it did not by the act, in fact do so. section 3 authorises the state government to declare by notification that the estates or tenures of a proprietor or tenure-holder have passed to and become vested ..... 1950, and was brought into force on the same day by a notification made by the state government in exercise of powers conferred on it by section 1(3) of the act. many of the proprietors and tenure holders of zamindari estates took proceedings against the state of bihar for appropriate orders restraining the state government from taking .....
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