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Piyare Lal Adishwar Lal Vs. the Commissioner of Income-tax, Delhi

Court : Supreme Court of India

Reported in : AIR1960SC997; [1960]40ITR17(SC); (1966)IILLJ759SC; 1996(Supp)SCC259; [1960]3SCR669

..... nature of the employment of sheel chandra has to be gathered from the agreement dated september 19, 1950, between him and the bank. ..... their father adishwar lal, upto his death on april 16, 1950, was the treasurer of several branches of the central bank of india (which in the judgment will be referred to as the ..... the facts of that case were quite different from that of the present case which are akin to the facts in shivanandan sharma ..... the treasurer was responsible for the acts of omission and commission and for neglect and default of his representatives and for each and every member of the cash department ..... is difficult to lay down any one test to distinguish the relationship of master and servant from that of an employer and independent contractor. ..... took effect from april 16, 1950. ..... the other, but if risk of or detriment to family property is the point in both cases, there appears to be no such merit in 'science', recognised by the sages of the hindu law, as would warrant the exclusion of gains of science as such from the category of partible acquisitions'. 17. ..... 66(1) of the indian income-tax act which was answered in favour of the commissioner of income ..... of the income-tax act and not under s. ..... 10 of the act as profits and gains of business and the salary was the income of the individual, ..... of income-tax : [1953]24itr217(all) , was also a case of commission agency and in the peculiar circumstances of that case it was held to be business within section 2(5) of the excess profits tax act. .....

Chairman and Managing Director, Sipcot, and Madras and Others Vs. Cont ...

Court : Supreme Court of India

Reported in : AIR1995SC1632; [1995]84CompCas110(SC); JT1995(6)SC283; 1995(3)SCALE717; (1995)4SCC595; [1995]Supp1SCR415; 1995(2)LC602(SC)

..... short 'sipcot') is a financial corporation established under the provisions of the state financial corporations act, 1950 (hereinafter referred to as the act). ..... value of the plant and machinery could have fallen on account of its being used during the period from 1987 to 1993 or due to the same getting outdated. ..... was required to repay the term loan in instalments from december 1, 1989 to june 1, 1994 and the soft loan was to be repaid in instalments from september 18,1990 till march 18,1994. ..... certainly i cannot say that the corporation had acted in a manner referred to by the supreme court of india in mahesh chandra's ..... learned single judge was, however, of the view that sipcot had acted in haste and hurry, to the prejudice of respondent no. ..... was permitted to repay the loan from june 1, 1991 to june 1, 1994 ..... indicated earlier in response to the first advertisement no offer was received from anybody and in response to the second advertisement also only one offer was received from respondent no. ..... 24, 1991 sipcot issued a notice under the provisions of the act recalling the entire dues amounting to rs. ..... 1, a company registered under the companies act, 1956, is engaged in the manufacturing of ..... which govern the sale of public property have been held to be applicable to a sale of property by the state financial corporations under section 29 of the act in mahesh chandra case (supra). ..... 3 lakhs, commencing from february 1994, payable on or before 10.3.1994, and so on till the entire payment is .....

The Mumbai Kamgar Sabha, Bombay Vs. Abdulbhai Faizullabhai and ors.

Court : Supreme Court of India

Reported in : AIR1976SC1455; (1976)IILLJ186SC; (1976)3SCC832; [1976]3SCR591

..... viewed thus and in the light of the observations earlier extracted, the following passage fits into the perspective we have outlined :section 32(vii) exempts from the applicability of the act (the bonus act) those employees who have entered before may 29, 1965 into an agreement or settlement with their employers for payment of bonus linked with production or, productivity in lieu of bonus based on profits and who may enter ..... , parliament wanted to retain the right to claim bonus by way of industrial adjudication for those who are either excluded or exempted from the act, it would have made an express saving provision to that effect as it has done for employees in coal mines. ..... of profits, available surplus because it is a payment founded on long usage and justified often by spending on festivals and the act gives no guidance to fix the quantum of festival bonus, nor does it expressly wish such a usage, the conclusion seems to be fairly clear, unless we strain judicial sympathy contrariwise, that the bonus act dealt with only profit bonus and matters connected therewith and did not govern customary, traditional or contractual bonus.36. ..... fallacy in invoking this decision lies in the fact that as early as 1950 there was a binding award of the industrial tribunal relating to the claim, which had not been put an end to, and so this court took the view that so long as that award stood, the same claim under a different guise (the shops act) could be subversive of the rule of resjudicata. .....

Anowar HussaIn and anr. Vs. Ajoy Kumar Mukherjee and ors.

Court : Guwahati

..... let me now consider how far the case is hit by the provisions of the judicial officers protection act, 1950, and whether the defendants can ask for any immunity from bring sued in the civil court. ..... . sri mohendra mohan choudhury, who was the parliamentary secretary to the government of assam at the time was also examined and he stated that when he was camping at barpeta with the then chief minister of assam late gopinath bardoloi, verbal complaints were made by people from bhabanipore side including kaya kuchi, khalma dhupalpafa and the suburbs that ajov babu incited people to commit violence and to drive out muslim immigrants by setting fire to their houses ..... it is also admitted that there was a communal riot which flared up in the barpeta sub-division in the early part of march, 1950 in the course of which houses of those immigrant muslims were set fire to and a large body of them had to leave their hearth and home in assam and leave for pakistan. ..... . he spoke of the allegations made by the muslim immigrants against the plaintiff to the effect that many persons including the plaintiff threatened them with danger and asked them to leave assam as they would be harassed by the hindus if they remained in assam and they would be so harassed by burning of houses and other mischiefs .....

Firoz MeharuddIn Vs. Sub-divisional Officer and ors.

Court : Madhya Pradesh

Reported in : AIR1961MP110; 1961CriLJ516

..... period after 1-3-1947.by the time the constitution came to be framed the things in both the countries had settled down and after the attainment by a person of the status of an indian citizen a disqualification resulting from migration to a single country namely pakistan for all times to come would have been an anomaly and would also be contrary to what article 10 provided without making an exception in case article 7 is taken to ..... is in fact no gap and although the citizenship act was delayed and came into force on 30-12-1955, section 9 of the act already provided for termination of indian citizenship only in the case of a person voluntarily acquiring citizenship of another country even during the period from 26-1-1950 upto the commencement of the citizenship act and no exception is made in that section with ..... subject as defined in sub-sections (1) and (2) of section 1 of the british nationality and status of aliens act, 1914, or (ii) has not been granted a certificate of naturalization as a british subject under any jaw for the time being in force in india, or (iii) is not a ruler or subject of an acceding state, or (iv) is not a native of the assam tribal areas; provided that any british subject who under any law for the time being in force in india ..... system of permits was introduced authorising the visitors and immigrants to go to pakistan from india or to come to india from pakistan. ..... we orderthat the orders of expulsion passed against the petitioners in each of the cases, .....

G. Moorthy Vs. State of Karnataka

Court : Karnataka

Reported in : ILR1993KAR367; 1993(1)KarLJ376

..... made by the west bengal government under section 3(1) of the preventive detention act of 1950, on the ground that his detention was with a view to making arrangements for his expulsion from india. ..... letter of even number dated the 27th july, 1976 on the subject mentioned above (copy enclosed for ready reference) and to say that as per the information available, some states and union territories including assam, karnataka, madhya pradesh, nagaland, tamil nadu, tripura, west bengal, chandigarh, delhi and pondicherry had agreed to treat the bhutan lottery at par with lotteries organised by other states and uts and to ..... the legislative competence of parliament to deal with this question is, we think clear; and this covers not only section 3(1)(b), preventive detention act but also the foreigners act 1946 (act 31 of 1946) in so far as it deals with the powers of expulsion and the right of the central government to restrict the movements of foreigners in india and prescribe the place of their residence and the ambit of their movements ..... 4) every person who in connection, with any lottery promoted or proposed to be promoted either in the state or elsewhere contravenes the provisions of the said section shall be punished as stipulated therein.12.2 thus, the provisions of the act, referred to above make it clear that no person other than the government of any state of the indian union or the union of india can conduct a lottery in the state of karnataka without obtaining a licence under the .....

Francis Manjooran and ors. Vs. Government of India, Ministry of Extern ...

Court : Kerala

Reported in : AIR1966Ker20

..... but against entry (after the acquisition of greater professional experience and higher qualifications), an absurd consideration and bow is it that the petitioners are to be prevented from leaving the country?the law does not require that they should have passports for leaving the country, but the law requires they should have passports for entering the ..... the bearer the diplomatic protection of the issuing state and of a request for safe passage to other states, it might be proper to regard the issuance of a passport as a purely discretionary act of the department charged with ibe conduct nf foreign affairs but the moment a passport becomes neces-say for the exercise of a legal right, here the fundamental right of free movement, it ceases to he ..... seventh schedule to the constitution--admission into, and emigration and expulsion from india; passports and visas--is still a matter for the ..... the secretary of labour, the commissioner of immigration and naturalization, and the secretary of state for a declaration that she was a citizen of the united states, for an injunction against the secretary of labour and the commissioner restraining them from prosecuting proceedings for her deportation, and for an injunction against the secretary of state from refusing to issue to her a passport ..... from leaving india without a passport, entry into india without a passport, even by a citizen, is prohibited by rule 3 of the indian passport rules, 1950 made under section 3 of the indian passport act .....

Ajaib Singh Lehna Singh Vs. the State of Punjab and anr.

Court : Punjab and Haryana

Reported in : AIR1952P& H309

..... person who is conveyed to pakistan is at liberty to return to india if and when he chooses to do so; fifthly, that the legislature has power to expel a citizen from india as the constitution has empowered parliamept to make laws in regard to 'extradition' and 'admission into, and emigration and expulsion from, india'; and, lastly, that the act of 1949 has been enacted in pursuance of an agreement between the governments of india and pakistan and must therefore be deemed to be valid.34. ..... powers conferred by article 372(2) of the constitution, the president of india by the adaptation of laws order, 1950, made adaptations and modifications and provided that the act shall, as from the 26th day of january, 1950, have effect subject to the adaptations and modifications so made. ..... constitution provides 'inter alia' that all laws in force in the territory ot india immediately before the 26th day of january, 1950, shall continue in force therein until altered or repealed or amended by a competent legislature or other competent authority. ..... state of madras', air 1950 sc 27 was that article 19(1)(d) protects 'free movement of citizens from one state to another within the union so that parliament may not by a ..... deprived of his life or personal liberty except according to procedure established by law,' the expression 'procedure established by law' was considered and explained by their lordships of the supreme court in 'gopalan's case', (air 1950 s c 27) to which a reference has already been made. .....

Mrs. Maneka Gandhi Vs. Union of India (Uoi) and anr.

Court : Supreme Court of India

Reported in : AIR1978SC597; (1978)1SCC248; [1978]2SCR621

..... 102 , the house of lords in dealing with the jurisdiction of the court of bankruptcy observed that 'english legislation is primarily territorial, and it is no departure from that principle to say that a foreigner coming to this country and trading here, and here committing an act of bankruptcy, is subject to our laws and to all the incidents which those laws enact in such a case; while he is here, while he is trading, even if not actually domiciled, he is liable to be made a bankrupt like a ..... was given to the gaming board was that they should follow the principles laid down in the case of immigrants namely that they have no right to come in, but they have a right to be heard. ..... in approving the law laid down in gopalan's case observed as follows:as i explained in gopalan's case and again in chiranjit lal's case 1950 scr 869 our constitution protects the freedom of the citizen by article 19(1)(a) to (e) and (g) but empowers the state, even, while those freedoms last, to impose reasonable restrictions on them in the interest of the state or of ..... (supra) :but at the same time,, i myself think that even if an immigration officer is not in a judicial or quasi-judicial capacity, he must at any rate give the immigrant an opportunity of satisfying him of the matters in the sub-section, and for that purpose let the immigrant know what his immediate impression is so that the immigrant can disabuse him. ..... the reference to the cases of immigrants is to the decisions of chief justice parker in .....

Hakim Singh Vs. Shiv Sagar and ors.

Court : Allahabad

Reported in : AIR1973All596

..... give effect to the recommendation of the law commissioners that the high court shall have all the appellate jurisdiction which is now exercised by the sudder dewani adawlut, and a new appellate jurisdiction in civil cases, from the courts of original jurisdiction constituted by one or more of its own judges except that in the case of a decision which has been passed by a majority of the full number of the judges of ..... judge of the high court in exercise of jurisdiction and powers conferred by or under a particular statute, the legislature which enacted it or which is competent and empowered under the constitution to amend, alter or repeal the act in question, is the appropriate legislature under article 225 and can validly pass a law restricting, curtailing or even abolishing the right to file a further appeal to the high court under clause 10 of the letters patent. ..... usefully refer to the provisions of the bengal, agra and assam civil courts act (xii of 1887), the code of civil procedure (v of 1908) and the provincial small cause courts act (ix of 1887).but these acts do not lay down or specify what laws are to be administered by any of such courts, except that by section 37 (1) of act xii of 1887 it is provided that questions regarding succession inheritance ..... of appeal has been preserved and continued under the provisions of the constitution of india, 1950, in other high courts, as far as i am aware, such appeals still are known ..... social club for immigrants); formally establish (--a .....