Court : Supreme Court of India
Decided on : Sep-12-1961
Reported in : AIR1962SC263; [1962]3SCR547
..... of purchase and sale of gur and other commodities inter alia at meerut. traders like the petitioner had combined together to form a company registered under the indian companies act under the name 'kaisergunj beopar co. (p) ltd'., meerut. the function of this incorporated body was, inter alia,, to regulate forward transactions in the ..... ought to be complied with by associations before recognition was granted and provision was made in section 6(3) for the rules of the association not being amended except with the approval of the central government. complementary to this was the provision contained in section 10 which empowers the central government to direct rules ..... by prof. corwin that 'the protection afforded by this clause does not today go much, if at all, beyond that afforded by section i of the fourteenth amendment (against deprivation of life, liberty or property without due process of law) '. the learned another proceeding to quote from the decision in atlantic coast line co. .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-11-1961
Reported in : AIR1962SC219; [1962]3SCR515
..... service was, by these rules, conferred upon the financial commissioner. after the enactment of the government of india act, 1935, section 9 of the punjab land revenue act was amended by the adaptation of indian laws order, 1937, and the power of the financial commissioner to make rules under section 9 was abrogated ..... commissioner ceased to have any power to make rules regulating the appointment and dismissal of tehsildars because of the amendment of the punjab land revenue act, 1887 by the government of india (adaptation of indian laws) order, 1937 and the authority derived by the financial commissioner under those rules to dismiss tehsildars was ..... the petition, allowed it holding that the tehsildari rules ceased to operate since the amendment of section 9 of the punjab land revenue act, 1887 (act xvii of 1887), (hereinafter called the revenue act), by the government of india (adaptation of indian laws) order, 1937, (hereinafter called the adaptation order), which deleted that part of .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-05-1961
Reported in : AIR1962SC256; [1962]3SCR497
..... court against the order of falshaw, j., was maintainable. the proceedings relating to arbitration are, since the enactment of the indian arbitration act x of 1940, governed by the provisions of that act. the act is a consolidating and amending statute. it repealed the arbitration act of 1899, schedule 2 of the code of civil procedure and also clauses (a) to (f) of section 104(1 ..... words of the statute without any predisposition towards the state of the law before the arbitration act was enacted. the arbitration act of 1940 is a consolidating and amending statute and is for all purposes a code relating to arbitration. in dealing with the interpretation of the indian succession act, 1865, the privy council in narendra nath sircar v. kamlabasini dasi (1896) l. r. 23 .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-30-1961
Reported in : AIR1962SC276; 1985(5)LC2194(SC); [1962]3SCR338
..... evidence and the convictions based thereon were sustainable. 38. before considering the decisions cited at the bar, let us look at the material provisions of the relevant acts. 39. the indian evidence act, 1872. 40. section 25 no. confession made to a police officer shall be proved as against a person accused of any offence. 41. code of ..... collector of land customs, amritsar, barkat ram was tried for offences punishable under section 23(1) of the foreign exchange regulation act, 1947, and under section 167(81) of the sea customs act, 1878, as amended in 1955. he was convicted by the magistrate. the conviction was confirmed by the appellate court, but was set aside on ..... enquiry with respect to the smuggling of goods. 13. the preamble of the sea customs act says : 'whereas it is expedient to consolidate and amend the law relating to the levy of sea customs-duties'. practically, all the provisions of the act are enacted to achieve this object. section 167 gives a long list of offences, but .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-29-1961
Reported in : AIR1962SC247; [1962]3SCR313
..... continue to live in their small house in a narrow lane; but the government of india rejected his request on the ground that on surrender by the officers of the indian national airways it would be required for allotment to central government officers. babu ram died on october 24, 1951. it appears that four or five months in 1947 the ..... of india rules for a period of one year from april 15, 1943 to april 14, 1944. the said flat was put in the occupation of one hardie of the indian national airways. the period of requisition was extended from time to time, and finally by an order dated april 2, 1946, the flat was requisitioned from april 15, 1946, ..... legislative council, and also of the governor-general in council under section seventy-one of the government of india act, 1915; and also of the governor-general in cases of emergency under section seventy-two of that act, and may be in all respects amended and altered thereby. rules and orders of the high court of punjab. rule 4 : no memorandum of .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-28-1961
Reported in : AIR1962SC171; [1962]32CompCas414(SC); [1961(3)FLR307]; (1961)IILLJ385SC; [1962]3SCR269
..... was really a device adopted for depressing wages and for denying to workmen employed in banks their legitimate rights. it was urged that the preamble to the amending act sought to make out that the real purpose behind the legislation was the ensuring of secrecy from disclosure of the reserves held by the banks and of the ..... the auditors', were not required to be shown as part of the property and assets of a bank. 6. the provisions of the companies act of 1913 underwent numerous changes by the amending act of 1936 which included inter alia one whereby the change effected by the notification, dated march 29, 1927, in form 'f' were omitted ..... banking companies from the requirements of conforming to the form of balance-sheet and profit & loss account of companies registered under the indian companies act; and the central government were empowered by sub-section (4) to amend the form set out in the schedule by notifications published in the official gazette. in form 'a' which provided the model .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-21-1961
Reported in : AIR1962SC588; [1961(3)FLR436]; (1962)0GLR43; (1961)IILLJ678SC; [1962]3SCR171
..... 26 of 1953. the same amending act introduced into this act two new chapters-chapter iiia and chapter iiib of which section 18a in chapter iiia makes provisions as set ..... as it may appoint for the purpose. ' it may be mentioned here that section 15(b) as it originally stood was amended in 1955 and it was after the amendment that the words as mentioned above appear. reference may also be made in passing to section 16 under which once in investigation ..... under section 15 has been commenced or completed the central government if it considers desirable, may issue directions to the industrial undertaking or undertakings concerned in several matters. section 17 of the original act was repealed in 1953 by act .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-16-1961
Reported in : AIR1962SC159; [1962]3SCR146
..... of the high court under appeal. 4. to appreciate the rival contentions, it is necessary at the outset to read the relevant provisions of the act and the telegraph act. 5. the indian electricity act, 1910 6. section 34. (2) if at any time it is established to the satisfaction of the appropriate government - (b) that any ..... directed against the said order. 3. learned counsel for the appellants contends that the definition of 'telegraph line' in the indian telegraph act, (act 13 of 1885), which is included by reference in the act, is wide enough to take in electric lines used for the purpose of wireless telegraph and that the appellate bench of the ..... radio had not been developed. in the year 1914, section 3(1) of the said act was amended and the following words were inserted after the words 'apparatus for' : 'making transmitting or receiving'. with the result that, after the amendment, receiving of communications by means of electricity was included in the definition. a wireless receiving .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-09-1961
Reported in : AIR1962SC167; [1962]3SCR88
..... article 372 of the constitution, would continue to be in force after the commencement of the constitution until altered, repealed or amended by a competent legislature or other competent authority. the tea act of 1953 was a central act which received the assent of the president on may 28, 1953. it was passed by the parliament in exercise of ..... make it - there cannot be any doubt about its competence at the time it was passed - but whether by reason of the passing of the tea act, the act was either altered, repealed or amended within the meaning of article 372 of the constitution. this leads us to the consideration of the scope of the both the ..... of requisition or acquisition of land. a comparative study of both the acts makes it clear that the two acts deal with different matters and were passed for different purposes. the tea act in no sense of the term can be described as one altering, repealing or amending the act passed by the assam legislature. this contention is, therefore, rejected. 6 .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-08-1961
Reported in : AIR1962SC594; [1962]3SCR230
..... certain properties moveable and immovable were attached and one of the properties was sold and the price so realised was deposited in the government treasury. 4. the mysore amending act was challenged in the high court of mysore by a petition under article 226 which was dismissed on november 20, 1958 and against that judgment and order this appeal ..... the observations of das, c. j., in state of bombay v. r. m. d. chamarbaugwala quoted a little later in this judgment. 19. the scheme of the indian constitution and distribution of powers under it are entirely different from what it is in america and therefore the construction of the entries in the manner contended for by the ..... which did not at all find a separate and distinct place in the state or provincial list of any of the dominions. this peculiarity is a unique feature of the indian constitution, having an important bearing on the present case, as taxes on sales have been adopted as a post-war measure in most countries. ' 18. the entries .....
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