Court : Chennai
Decided on : Jan-16-1963
Reported in : AIR1964Mad128
..... not whether the high court had jurisdiction to give a direction to that effect. this was a case before the constitution of india came into force and, their lordships had to consider whether in the terms of the government of india act, the high court had the necessary jurisdiction in a matter relating to revenue. in that case, the matter had proceeded ..... money advanced or to be advanced by way of loan or of an existing or future debt.'8. in the case of such a document, a notification of the government of india dated 17th december 1938, reduced the duty leviable on such a document to 'the amount chargeable on an agreement relating to a deposit of title deeds, pawn or ..... pledge under article 5 of schedule i-a of the stamp act..........'9. turning to this article (it is now article 6 as amended), the collector took the view that the .....
Tag this Judgment!Court : Chennai
Decided on : Sep-06-1963
Reported in : AIR1964Mad136
..... to the proviso that the parliament may at any time repeal that law. this proviso is different from the proviso in section 107(2) of the government of india act 1935. under that act, the federal legislature, could not without the previous sanction of the governor-general affect a repugnant provincial law enacted with the assent of the governor-genera). ..... 2) the constitution has enlarged the powers of parliament, and under that proviso, parliament can do what the central legislature could not under section 107(2) of the government of india act, and enact a law adding to, amending, varying or repealing a law of the state, when it relates to a matter mentioned in the concurrent list. the ..... respondent was one based upon section 43-a of the act. this is also a madras amendment. this was inserted by section 2 of madras act 39 of 1954. now section 43-a subsection (2) is the relevant provision relied upon. that runs as follows:'the state government may, on a consideration of the matters set forth in .....
Tag this Judgment!Court : Chennai
Decided on : Nov-26-1963
Reported in : AIR1965Mad103
..... obtain with regard to different services. the submission of the learned counsel that by not incorporating s. 243 of the government of india act, 1935 in the constitution of india, the constitution of india specifically prohibits framing of separate rules regulating the recruitment and conditions of police services cannot therefore is accepted.(6) the madras ..... tenure by art. 310 of the constitution. by art. 311 the protection granted under s. 240 clauses (2) and (3) of the government of india act, is extended to members of the police force as well."thus, by the constitution the appropriate legislature is empowered to regulate the recruitment and conditions ..... the police forces, is vested with the legislature. from the omission to incorporate s. 243 of the government of india act, it cannot be argued that the constitution prohibits framing of separate rules for governing the different services. neither the powers conferred on the legislature to legislate nor the powers conferred on the .....
Tag this Judgment!Court : Chennai
Decided on : Dec-19-1963
Reported in : AIR1964Mad463
..... judge, berhampore and it became final in 1926,. an execution, application for the sale of the property was filed in 1929 and when it was pending the government of india (constitution of orissa) order 1936, was passed by his majesty in council. under that order, orissa which was formerly a dart of the province of bihar ..... of the civil procedure/ code shall apply and this would indicate that parliament did not intend to destroy the procedural remedies that the parties litigating under the repealed acts had acquired. the central act also does not contain any provision which debars a person against whom an ex parte order of dissolution of marriage has been, passed previously, from ..... the petitioner filed a petition 0. p. no. 25 of 1952 in the sub court, chittoor, under section 5 of the madras hindu (bigamy prevention and divorce) act, 1949 for dissolution of his marriage with ellammal, the respondent therein. on 2-8-11952 the respondent was declared ex-parte and an order was passed by the .....
Tag this Judgment!Court : Chennai
Decided on : Jul-17-1963
Reported in : [1963]14STC904(Mad)
..... the port they were unloaded, taken delivery of and cleared by the government of india after paying the requisite customs duties to the authorities concerned. for the assessment year 1954-55 the assessee was assessed to sales tax and in calculating the ..... in foreign countries. weeks before the vessels carrying the sugar arrived at the bombay harbour, that is when the vessels were on the high seas, the government of india received the documents of title including bills of lading pertaining to the sugar purchased by them and paid the price to the assessee. after the goods reached ..... confronts us.5. in exercise of the powers conferred by section 3-a of the sea customs act, 1878 (viii of 1878) the central government has issued the following proclamation dated 23rd march, 1956, defining the customs frontiers of india.whereas international law has always recognised that the sovereignty of a state extends to a belt of sea .....
Tag this Judgment!Court : Chennai
Decided on : Apr-03-1963
Reported in : AIR1964Mad305; [1963]49ITR665(Mad)
..... in which this statement was made related to a period long prior to the coming into force of the act of 1961, the grant of a copy or the refusal thereof must be governed by section 54 of the repealed act and further that the income-tax officer is under no legal duty to grant a copy of the statement. ..... proceedings was permitted for the purpose of prosecution, for proceedings under the taxation of income investigation commission act, in proceedings to which the government or the income-tax authority is a party and where any matter arising out of the proceedings under the act was involved. the prohibition was also relaxed in cases of particulars to be supplied to the ..... 5. the question that calls for decision in this writ petition is not free from difficulty. both under the act of 1922 and the act of 1961, all particulars .....
Tag this Judgment!Court : Chennai
Decided on : Nov-04-1963
Reported in : AIR1964Mad192; (1965)ILLJ84Mad
..... that when the labour officer made an enquiry, both sides made their representations before the labour officer. the report of the labour. officer upon which the government purported to act and, to make the reference under section 10(1) only sets out the opposing contentions of the two parties regarding the nature of the relationship between ..... may arise between parties whose legal relationship is of that character. it is stated accordingly that no industrial dispute within the meaning of the act could arise, and consequently the state government have no jurisdiction to refer the dispute.it is further stated that the commissioner of labour in certain proceedings started by him called upon ..... that a reference has been made.6. in a decision of this court in in re paramount films of india ltd., : air1957mad615 , it was held that ah order under section 10(1)(c) of the industrial disputes act is only administrative in its scope and that a writ of certiorari or prohibition cannot lie. it was pointed .....
Tag this Judgment!Court : Chennai
Decided on : Jul-05-1963
Reported in : (1964)1MLJ293
..... process of any court or other authority. the scheme of the act therefore is to vest the government with absolute title to the property free from all encumbrances and to sell the property in any prescribed manner and make the proceeds of sale ..... assets as may be prescribed. section 15 provides that no property which forms part of the compensation pool and which is vested in the central government under the provisions of the act shall be liable to be proceeded against for any claim in any manner whatsoever in execution of any decree or order or by any other ..... act is to rehabilitate displaced persons. section 12 gives the power to acquire evacuee property to the central government. section 13 provides that an evacuee shall be paid an evacuee compensation in respect of the property acquired under section 12 in accordance with such principles and in such manner as may be agreed upon between the government of india .....
Tag this Judgment!Court : Chennai
Decided on : Jul-24-1963
Reported in : AIR1964Mad401
..... but the seamed judge, following several well-recognised decisions of the supreme court, came also to the conclusion that the government issued the government older only as an administrative direction under section 43-a of the act, that the government order had not the significance of a statutory order, and that any error in its application would not even if patent, ..... 896 was decisive on the question that no writ of certiorari could issue, where there had been only a mis-construction of a direction issued by the government under section 43-a of the act, urged that the case was a proper one for the issue of a writ of mandamus, to compel the transport authority to ..... will certainly conduce to the interest of the public and will fall within section 47 (1) (a) of the act. in raman and raman ltd. v. state of madras, : air1959sc694 , the supreme court accepted this view of the government order, and remarked that the g. o. was issued 'to achieve the object of inducing the operators to amalgamate .....
Tag this Judgment!Court : Chennai
Decided on : Nov-18-1963
Reported in : AIR1964Mad532
..... a little later, to deal with the question whether it is the law of india or the law of the country of the buyer-firm (italy) or the english law which will govern these contracts, upon general principles. but it is perfectly obvious that if act vi of 1937 is to apply, and the suite were filed for enforcing the awards ..... in these cases were entered into, and when they had to be performed. the notification containing the exemption with regard to non-transferable contracts, was issued by the government of india simultaneously with the promulgation of the order itself. there is some little difficulty in this matter of the continuance of the order of 1944 by subsequent ordinances and ..... gone into by the court in which a foreign award is sought to be enforced, have really no application here; further, we are governed by the specific terms of the statute, namely, section 7 of act vi of 1937.14. but, as we stated earlier, there is a clear and conclusive ground upon which the suits have to fall, .....
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