Court : Supreme Court of India
Decided on : Dec-22-1961
Reported in : AIR1962SC821; [1962]Supp2SCR411
..... right conferred under sub-section (1) shall not be exercisable after a period of (five) years from the date on which the bombay taluqdari tenures abolition (amendment), act 1954 comes into force. x x x 26. this section for the first time conferred upon a permanent tenant the right to acquire the status of an ..... . - * * * (1a) where a tenant to whom subsections (1) and (2) of section 10a do not apply, has, after the commencement of the bombay tenancy and agricultural lands (amendment) act, 1955, paid in respect of the land held by him as tenant land revenue and other cesses referred to in sub-section (1) of that section, on account of the ..... . that definition was in these terms : ''permanent tenant' means a person - (a) who immediately before the commencement of the bombay tenancy and agricultural lands (amendment) act, 1955 (hereinafter called 'the amending act, 1955') - (i) holds land as mulgenidar or mirasdar; or (ii) by custom, agreement, or the decree or order of a court holds the land .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-22-1961
Reported in : AIR1962SC945; 28(1962)CLT273(SC); [1962]Supp(2)SCR380
..... status as the provisions in the constitution itself. in substance, the contention is that just as a provision in the constitution like the one in art. 226 cannot be amended by the governor by issuing an ordinance, so a judgment under art. 226 cannot be touched by the governor in his ordinance making power. it is true that the ..... soldiers in the war for the suppression of the rebellion in the southern states, and were honourably discharged. this statute was held to contravene the provisions of the 14th amendment whereby no state can deny to any person within its jurisdiction the equal protection of the laws. in our opinion, this decision can afford no assistance to mr. chetty ..... all actions and all powers exercised even outside the municipal act in violation of other laws. basing itself on this broad and wide construction of s. 5(1), the high court thought that between sections 5(1) and s. 477a of the indian penal code there was inconsistency. that is why it struck down s. 5(1) under arts. 254 .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-21-1961
Reported in : AIR1962SC981; [1962]Supp(2)SCR257; [1962]13STC236(SC)
..... any enactment so extended for the repeal or amendment of any corresponding law (other than a central act) which is for the time being applicable to that part c state', inasmuch as it was ultra vires the indian parliament. 7. parliament then passed the government of part c states act, 1951 (49 of 1951) on september ..... pradesh state legislature, by which the act was further amended, and stated that the extended act, as amended, owned its existence neither to parliament nor to the central government acting under the part c states (laws) act but to the vindhya pradesh laws (validating) act, 1952 (6 of 1952) and the vindhya pradesh amendment act, 1953 (9 of 1953). 15. ..... . we are considering the applicability of the central provinces and berar sales tax act as extended to vindhya pradesh. the vindhya pradesh amending act made only verbal changes, but did not alter the structure of the tax. no doubt, that act, contained certain provisions under which sales of building materials are taxable, and if .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-21-1961
Reported in : AIR1962SC876; [1962]Supp2SCR297
..... chapter introduced into the criminal law of india a new offence, namely, the offence of criminal conspiracy. it was introduced by the criminal law amendment act, 1913 (viii of 1913). before that, the sections of the indian penal code which directly dealt with the subject of conspiracy were these contained in ch. v and s. 121 (ch. vi) of the ..... made. before the introduction of ch. va conspiracy, except in cases provided by sections 121a, 311, 400, 401 and 402 of the indian penal code, was a mere species of abetment where an act or an illegal omission took place in pursuance of that conspiracy, and amounted to a distinct offence. chapter va, however, introduced a new ..... court shall take cognizance of the offence of criminal conspiracy punishable under section 120b of the indian penal code. (1) in a case where the object of the conspiracy is to commit either an illegal act other than an offence, or a legal act by illegal means, or an effence to which the provisions of section 196 apply, unless .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-20-1961
Reported in : AIR1966SC1768; [1962]44ITR556(SC); [1962]Supp2SCR243
..... we have extracted earlier was not in the schedule as originally enacted but was introduced as an amendment by ordinance no. 42 dated february 28, 1946. the short title of this ordinance runs : 'this ordinance might be called the gwalior war profits tax (amendment) act, samvat 2002'. 17. further it would be noticed that in the explanation there is a ..... 's. 2(14)' in sch. i is a mistake or a misprint for 's. 2(16)' and it might be noted that in the corresponding schedule to the indian excess profits tax act, 1940, immediately after the title 'schedule i' occur the words 'see s. 2(19)' which in that enactment corresponds to s. 2(16) of the ordinance. ..... computation of the profits of the respondent to war profits tax under the ordinance, which it might be stated at the outset, was on lines very similar to the indian excess profits tax act, 1940. 3. the chargeable accounting period with which the appeal is concerned, is the period commencing from july 1, 1944, to october 16, 1944. the respondent .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-11-1961
Reported in : AIR1962SC1006; [1962]Supp2SCR1
..... the constitution of the united states of america the unconstitutionality of a retrospective tax is rested on what has been termed 'the vague contours of the 5th amendment.' whereas under the indian constitution that grounds on which infraction of the rights a property is to be tested not by the flexible rule of 'due process' but on the ..... the financial proposals of the government of india for the fiscal year beginning the 1st of april 1951. clause 7 of the bill made provision for the amendment of the central excise act (act 1 of 1944) by way of alteration of duties on 'tobacco manufactured and unmanufactured.' in particular, it provided that 'unmanufactured tobacco other than flue- ..... certificates in regard to the tobacco moved out from their warehouses from and after march 1, 1951. bill 13 of 1951 was passed into law as the indian finance act 1951 (act xxiii of 1951 on april 28, 1951 but as passed, changes were effected in the duty proposed in the bill, as a result of certain alterations .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-06-1961
Reported in : AIR1962SC742
..... basis that on may 14, 1947 when the appellant was enrolled as an advocate in the chief court of sind he was an advocate for the purposes of the indian bar councils act and so was entitled as of right to practise in any subordinate courts in what then was british india. the question is whether this right continued to exist after ..... thus any person whose name was entered on the roll of the chief court of sind ceased to be an advocate for the purpose of section 14 of the indian bar councils act, 1926, and therefore ceased to have the right under that section to practise in courts in india. 7. there can be no doubt whatsoever that in making this ..... is necessary to examine first the scheme of that act. this act was passed to pro vide for the constitution and incorporation of bar councils for certain courts in british india, to confer powers and impose duties on such bar councils and to amend the law relating to legal practitioners entitled to practise in the courts. it extended to the whole of .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-05-1961
Reported in : AIR1962SC694; [1962]Supp1SCR753
..... state of bombay [1959] supp. 1 s.c.r. 489 the constitutional validity of the bombay tenancy and agricultural lands (amendment) act 1956 (bombay act xiii of 1956) amending the bombay tenancy and agricultural lands act, 1948 (bombay act lxvii of 1948), was considered by this court. section 2(5) of the bombay land revenue code, 1879, had ..... government by being granted ryotwari pattas in respect of their former holdings. there was similar legislation in bihar - bihar act 1 of 1950, as also in some of the other states of the indian union. the validity of the several pieces of legislation was challenged in the respective high courts principally on the ..... proprietor, sub-proprietor, under-proprietor tenure-holder or other intermediary and any rights or privileges in respect of land revenue.' 65. in addition the first constitution amendment act also enacted by its s. 5 a further provision - art. 31b expressly validating the several enactments of the various states which were than under challenge .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-05-1961
Reported in : AIR1962SC723; [1962]Supp1SCR829
..... it must be deemed to have been in the constitution from the very beginning, i.e., january 26, 1950. the article was further amended by the constitution (fourth amendment) act, 1955 which was also made retrospective and therefore art. 31a as it stands today must be deemed to have been part of the constitution ..... cultivation involved heavy capital outlay in establishing, maintaining and protecting the arecanut trees. this recommendation of the sub-committee came up for consideration before the indian central arecanut committee on january 23, 1958, and was accepted. thus these proceedings show that fixation of ceiling on arecanut gardens would hamper production which ..... for his reason underplanting is taken up periodically. it appears further from the proceedings of the ninth annual general special and twelfth ordinary meetings of the indian central arecanut committee held on january 23, 1958, that the question whether arecanut gardens should be put under ceiling or not and whether there would .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-01-1961
Reported in : AIR1966SC1661; [1962]Supp1SCR717
..... recently decided by this court, schemes of this type have been held to be valid, and the provisions of chap. iv-a, in view of the amendments effected by the constitution (first amendment) act, 1951, in art. 19(6), have been held intra vires the state legislatures. those cases are also referred to by the high court in the ..... the minimum number would mean the alternation of the scheme, necessitating the observance of all the formalities for framing a scheme. in view of this, the rules were amended, obviating the necessity of indicating the minimum number. the rule, as it now stands, has been complied with, and there being no challenge to the rule as such ..... does not carry out the orders of the chief minister; that there has been non compliance with the mandatory requirements of sections 68c and 68e of the motor vehicles act; that the scheme is destructive of co-ordination, which is the gist of efficient motor transport services; and finally, that the routes on which the appellants operated, .....
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