Court : Mumbai
Decided on : Jul-06-1961
Reported in : AIR1962Bom205; (1962)64BOMLR188
..... act of 1952 was amended to include sections 162 to 184 indian penal code, with the result that the court of the special judge will the a ..... court of exclusive jurisdiction for trying offences even under section 162 to 164 indian penal code. so far as investigation into ..... particular by section 5a thereof. originally, section 6 of the act of 1952, as it stood before its amendment in 1958 provided that the special judge is to be appointed for trying offences under section 161, section 165 or section 165a indian penal code or sub-section (2) of section 5 of the act of 1947. clause (a) of section 6 of the .....
Tag this Judgment!Court : Gujarat
Decided on : Jul-06-1961
Reported in : 1962CriLJ142; (1961)GLR664
..... that under the prevention of corruption act, cases under section 161 of the indian penal code and under section 5(2) of the prevention of corruption act are now triable by special judges in view of sections 6 and 7 of the criminal law amendment act, sections 6 and 7 of the criminal law amendment act, 1952, have made no change in ..... the law as regards the power to investigate and as regards police officers' powers to investigate. this change has been effected by section 5a of the prevention of corruption act, which reads as follows:notwithstanding ..... chunilal v. state of bombay : 1959crilj389 , their lordships of the supremo court have held as follows:the word 'statement' used in section 157 of the indian evidence act, is used in its primary meaning and there is nothing in the section which in any way requires that an element of communication to another person should be .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jul-11-1961
Reported in : 1962CriLJ840
..... contained, in the punjab opium orders, was enlarged and brought in line with the definition of the word 'opium' as introduced by the opium laws (amendment) act of 1957.7. order 5 was also amended by the aforesaid notification dated the 21st march, 1958, and substituted by the following:5. (i) the possession of opium in any quantity by ..... context, 'opium' means-(i) the capsules of the poppy....4. by section 2 of the opium laws (amendment) act, 1937, clause (i) of section 3 of the old act was substituted by the following:3. (i) the capsules of the poppy (papaver somniferum l.), whether in their original form or cut, crushed ..... definition of opium contained in section 3 of the opium act has been amended by the opium laws (amendment) act (52 of 1957). the relevant portion of section 3 of the opium act (1 of 1878), as it stood before the amendment which was relied upon in , read as follows:3. in this act, unless there is something repugnant in the subject or .....
Tag this Judgment!Court : Karnataka
Decided on : Jul-11-1961
Reported in : AIR1962Kant117; AIR1962Mys117; [1962(4)FLR144]; ILR1962KAR22
..... now, it would be important to notice that when the industrial tribunal was for the first time constituted under the provisions section 7-a of the amended act, which permitted the constitution of single-member tribunals the period during which the industrial tribunal had to function was not specified. it was a tribunal constituted ..... no. llh 34 ild 57 dated 5-7-1957 constituting as industrial tribunal at bangalore under section (2) of section 7 of the industrial disputes (amendment and miscellaneous provision) act 1956, for adjudication of the industrial disputes by appointing shri d.h. chandrasekhariah, b.a.ll.b., advocate as presiding officer for the said ..... legislative practice to which their lordships alluded was what emerged from the various enactments to which reference was made in the earlier paragraph which included the indian arbitration act of 1899, and section 12 thereof which concerned power on the court to extend the time within which an arbitrator could make his award.(53) .....
Tag this Judgment!Court : Mumbai
Decided on : Jul-14-1961
Reported in : AIR1968Bom112; (1966)68BOMLR228; ILR1966Bom420
..... that of an agent but that the relationship between him and abdul rahman is of a fiduciary character, in which case, instead of article 89, article 120 of the indian limitation act would apply, and limitation will begin to run from, the accrual of the cause of action, that is, refusal to pay the money. the question of allowing lapse ..... may consist of direct evidence of a person who saw the document being written or the signature, by one of the modes provided in sections 45 and 47 of the indian evidence act. it may also be proved by internal evidence afforded by the contents of the document. . . . . . . . . . '.(17) the issue under consideration in that case was whether the internal ..... being affixed. it may be proof of the handwriting of the contents or of the signature by one of the modes provided in ss 45 and 47 of the indian evidence act. it may also be proved by internal evidence afforded by the contents of the document. this last mode of proof by the contents may be of considerable value .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-18-1961
Reported in : AIR1966SC719; [1961]43ITR352(SC); [1962]2SCR871
..... not substantially interested. for the assessment year 1949-50 the income-tax officer concerned applied the provisions of s. 23a of the indian income-tax act, 1922 - sectopm 23a(as it stood previous to the amendment of 1955) and ordered that the undistributed portion of the assessable income of the company of the relevant previous year, as computed ..... such leave has brought these appeals to this court. 7. it is necessary now to read the relevant portion of s. 23a as it stood prior to its amendment by the finance act, 1955. '23a : power to assess individual members of certain companies. (1) where the income-tax officer is satisfies that in respect of any previous year ..... reason existed as to why the expression 'shareholder' as used in s. 18(5) should mean a person other than the one denoted by the same expression in the indian companies act, 1913. a reference was made to the decision of the bombay high court in shree mills ltd. v. commissioner of income-tax, bombay city [ : [1948]16itr187(bom .....
Tag this Judgment!Court : Gujarat
Decided on : Jul-18-1961
Reported in : (1962)3GLR117
..... the application under consideration would be within time.7. the question therefore that arises for consideration is whether section 4 or section 12(2) of the indian limitation act would be applicable to the application under section 72. we do not propose to consider the second part of the question as regards the applicability of section ..... record a finding with the reasons therefor to that effect. such finding shall be appealable to the charity commissioner. the deputy or assistant charity commissioner shall amend the entries in the said register in accordance with such finding and if appeals (or applications) were made against such finding in accordance with the final ..... decision of the competent authority provided by this act. the amendments in the entries so made shall subject to any further amendment on the occurrence of a change be final and conclusive.10. under section 22(1) it is the trustee who has .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jul-19-1961
Reported in : [1962]13STC26(AP)
..... the indian income-tax act had expired. therefore, the two rulings are not authority for the view presented by sri rama rao.13. on the other hand, there are two decisions of ..... the re-assessment made after two years next succeeding the assessment year. the learned judges ruled that it could not, because the assessment had become final before the amendment and the amended rule was not retrospective. it was not laid down that the assessment had become final when it was made. it is clear from a reading of the judgment ..... the period prescribed by the unamended rule.12. similarly, it was held in lakshminarayana chetty v. additional income-tax officer [1956] 20 i.t.r. 419, that the amendment would not apply to a case where the assessment had become final and the assessment could be said to have become final after the period fixed under section 35 of .....
Tag this Judgment!Court : Gujarat
Decided on : Jul-20-1961
Reported in : (1962)0GLR492
..... -observance would vitiate any order passed by the government imposing a penalty upon a public servant. we fell that the learned judge should have allowed the application for amendment of the plaint. in fact, the plaintiff had put questions in the cross-examination of one of the defendants' witnesses referring to the necessity for consultation with ..... not part of a reasonable opportunity. it may on the facts of a particular case be a luxury, unnecessary or immaterial. what is reasonable opportunity in the indian constitutional context of art. 311(2) will depend on the facts of each case and the constitution has laid down no hard and fact rule by defining reasonable ..... and prejudice so attributed. it is obvious that pecuniary interest however small it may be in a subject-matter of the proceedings, would wholly disqualify a member from acting as a judge. but where pecuniary interest is not so attributed but instead a bias is suggested, it often becomes necessary to consider whether there is a .....
Tag this Judgment!Court : Gujarat
Decided on : Jul-20-1961
Reported in : AIR1962Guj197; (1962)IILLJ507Guj
..... non-observance would vitiate anyorder passed by the government imposing a penalty upon a public servant. we feel that the learned judge should have allowed the application for amendment of the plaint. infact, the plaintiff had put questions in the cross-examination of one of the defendant's witnesses referring to the necessity for consultation with the ..... not part of a reasonable opportunity. it may on the facts of a particular case be a luxury, unnecessary or immaterial. what is reasonable opportunity in the indian constitutional context of article 311(2) will depend on the facts of each case and the constitution has laid down no hard and fast rule by defining reasonable ..... so attributed. it is obvious that pecuniary interest however small it may be in a subject-matter of the proceedings, would wholly dis-qualify a member from acting as a judge. but where pecuniary interest is not so attributed but instead of a bias is suggested it often becomes necessary to consider whether there is a .....
Tag this Judgment!