Court : Supreme Court of India
Decided on : Jul-23-1961
Reported in : 1970CriLJ588; (1969)2SCC412; [1970]1SCR639
..... , therefore, arise while the provision stood as originally enacted.6. parliament, by foreign exchange regulation (amendment) act xxxix of 1957, amended section 23(1) and, at the same time, also introduced section 23d in the act. it was by this amendment that two alternative proceedings for the same contravention were provided in section 23(1). in thus introducing ..... rule 132a of the d.i.rs., should go unpunished after the omission of that rule. it, however, appears that when section 4(1) of the act was amended, the legislature did not make any provision that an offence previously committed under rule 132a of the d.i. rs. would continue to remain punishable as an ..... considered by the allahabad high court in the case of seth jugmendar das and ors. : air1951all703 : air1951all703 . after quoting the amended sub-section (4) of section 1 of the defence of india act, the court held :-the express insertion of these saving clauses was no doubt due to a belated realisation that the provisions of .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jul-24-1961
Reported in : AIR1962P& H51
..... notice of the filing of this award was given to the parties and shri sen then made an application to the learned subordinate judge, under section 30 of the indian arbitration act, for setting aside of the award. in this application a large number of objections were taken against the award. the learned subordinate judge has observed in his judgment as ..... the award till the date of realisation of the awarded amount. this is an obvious error on the face of the award but the award in this respect can be amended by modifying this part without affecting the other part of it. i would, therefore, modify the award to the extent that the clause with regard to the future ..... r. b. sen for the purpose of avoiding this award. in fact he has not left anything which he could possibly catch hold of from the provisions of the arbitration act and the cases decided thereunder and which, if proved, may give him a chance of getting the award set aside.'the learned subordinate judge, in his final order, negatived .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jul-27-1961
Reported in : AIR1963AP328
..... in the execution proceedings.20. it was stated before us by the learned government pleader that by reason of the land acquisition (madras amendment) act, 1953, which received the assent of the president on the 29th june 1953, and which was published in the fort st. george ..... land in the present case was admittedly taken after the date of the coming into force of the amendment act. therefore the claimant is entitled to interest not at the rate of 6 per cent but at the rate of 4 per ..... 1953 interest on the compensation amount which was formerly statutorily fixed at 6 per cent, was reduced to 4 per cent. this amendment came into force on the date of its publication in the official gazette viz., 8-7-1953. the possession of the acquired ..... use to which it is being put at the time at which its value has to be determined (that time under the indian act being the date of the notification under section 4(1)), but also by reference to the uses to which it is reasonably .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-28-1961
Reported in : AIR1966SC805; 1978(2)ELT408(SC); [1962]2SCR942
..... are that the law repealed must be a law corresponding to the indian statute. the argument in support of the contention that this is such a law is that the central excises and salt act, 1944, is, as its long title and preamble show, a consolidating and amending law relating to central duties of excise on goods manufactured or produced ..... and salt, and the ambit of the law is thus confined. the words 'to consolidate and amend the law' have reference really to the acts, which were repealed by s. 39. prior to the enactment of this consolidating act, there were no less than 17 acts dealing with different commodities, and in 1944, all those laws were repealed, and a consolidated ..... be pointed out that the authority of the regency council to issue the impugned order and the validity of that order, unless affected by any indian law, are not called in question. 5. the finance act, 1950, was passed to give effect to the financial proposals for the year commencing on april 1, 1950. section 11 of that .....
Tag this Judgment!Court : Chennai
Decided on : Jul-28-1961
Reported in : (1962)1MLJ78
..... and (2) that he should certify or vouch for the execution by subscribing his name as a witness, which implies a consciousness and an intention to attest, the amending act modified only the first: the result is that a person can be an attesting witness, even if he had not witnessed the actual execution, by merely receiving personal ..... and that a mere acknowledgement of his signature by the executant to the attesting witness would not be sufficient. the amending act xxvii of 1926 modified the definition of the term in the transfer of property act so as to make a person who merely obtains an acknowledgment of execution and affixed his signature to the document as ..... 5. the definition of the term 'attested', which is almost identical with that contained in section 63(c) of the indian succession act, has been the result of an amendment introduced by act xxvii of 1926. prior to that amendment it was held by this court that the word 'attested' was used only in the narrow sense of the attesting .....
Tag this Judgment!Court : Kolkata
Decided on : Aug-02-1961
Reported in : AIR1962Cal349
..... the other side will be entitled in that event to take all points in support of the maintainability of the suit including grounds made in paragraph 3a of the amended plaint. on the grounds stated by me in my judgment reported in : (1959)illj128cal i held that there is a valid contract of service in the instant ..... of the chicago university in sociology. her case is that she; was offered a permanent post of anthropologist by the government in the department of anthropology in the indian museum on june 7, 1949 which offer she accepted. prior to this appointment she was working in the same department as a temporary anthropologist which office she relinquished before ..... anything other than that of a probationer. the fallacy of this argument is that suitability of a candidate for the office is not determined by a single act, if one act committed on the last date of probation is an instance of unsuitability of the candidate for the office, the offending officer can nevertheless be dealt with and .....
Tag this Judgment!Court : Mumbai
Decided on : Aug-03-1961
Reported in : AIR1962Bom243; (1962)64BOMLR16; ILR1962Bom371
..... of what is known as abundant caution. the statement of object contained in the bill, which later on became the amending act, explains the necessity of amending section 5 as follows:'. . . . . .to amend section 5 of the act so as to expressly provide that breach of a condition of the licence is also an offence punishable under the ..... abettors are concerned, mens rea will be an essential part of the offence of contravention. in that connection, he referred to the provisions of section 107, indian penal code and argued that aiding or abetting must be intentional. in the view that we have taken above, it is not necessary to pronounce any verdict ..... is laid down in that section to the following effect:'in this act, and in all central acts and regulations made after the commencement of this act, unless there is anything repugnant in the subject or context . . . . .'although, therefore, the definition contained in section 107, indian penal code, will be applicable, it is necessary to find out .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-03-1961
Reported in : AIR1962P& H23
..... , in addition to such misconduct, circumstances exist which render it desirable in the interest of the shareholders that the company should be wound up, section 162(vi). indian companies act, 1913, would be no bar to the jurisdiction of the court to make such an order. the supreme court, in lying down the above principle, relied upon ..... 'just and equitable' reasons.(11) as the petitioners have filed to satisfy the two conditions mentioned above required for taking action under section 397 of the companies act, the petition must fail and is consequently dismissed. it may also be mentioned that there was reference in the petition to section 398 as well, but its ..... petition. in his cross-examination he admitted that pritam singh, his brother, became an assistant manager from 20th june to 12th november, 1950, and that he too acted as assistant manager. he also admitted that pritam singh had become manager from 1st may, 1951 to 20th november, 1951. he also admitted that he was allowed inspection .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-04-1961
Reported in : AIR1962SC123; [1961]43ITR393(SC); [1962]2SCR983
..... state of kerala : [1961]3scr77 there, the petitioners impugned the constitutionality of the travancore-cochin land tax act, xv of 1955, as amended by the travancore-cochin land tax (amendment) act, x of 1957, and sinha c.j., speaking for the court held that the act was void as infringing not only art. 14 of the constitution but also art. 19(1)(f) ..... the tax on one person's property or income by reference to the property or income of another is contrary to due process of law as guaranteed by the 14th amendment. that which is not in fact the taxpayer's income cannot be made such by calling it income.' 11. the court of appeal in that case assigned two ..... 1. this writ petition filed under art. 32 of the constitution raises the question of the constitutional validity of s. 16(3)(a)(i) of the indian income-tax act, 1922 (act xi of 1922), (hereinafter called the act). 2. the facts are not in dispute and may be briefly narrated. the petitioner, balaji, his six sons, and his wife, by name godawaribai .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-04-1961
Reported in : AIR1961SC1808; (1962)64BOMLR240; 1961CriLJ856; [1962]3SCR10
..... jurisdiction, against an order of the magistrate, first class, howrah, directing the respondent to give his specimen writing and signature, under section 73 of the indian evidence act. it is only necessary to state the following facts in order to bring out the questions of law bearing on the interpretation of the constitution. during the ..... of protection against self-incrimination with reference to english law and the constitution of the united states of america, with particular reference to the fourth and fifth amendments. on an examination of the case law in england and america and the standard text books on evidence, like phipson and wigmore, and other authorities, ..... provisions when he is compelled to give his specimen handwriting and signature for the purpose of comparison under the provisions of section 73 of the indian evidence act these are the main questions canvassed before us and they have both been answered in the negative in the judgment just pronounced by my lord the .....
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