Court : Allahabad
Decided on : May-24-1961
Reported in : AIR1962All43
..... . here one may quote, profitably, from the opinion of bhagwati, j. in : [1955]2scr374 . while giving to some general words in the amendment to section 232(1) of the, indian companies act a limited meaning, bhagwati, j. observed :'whereas before the amendment the secured creditor stood outside the winding up and could if the mortgage-deed so provided, realise his security without the intervention of ..... , in my opinion, provide some clue to the meaning which the legislature wanted to give to the word 'hold' in the act, for section 18 says this:'subject to the provisions of sections 10, 15, 16 and 17 all lands- (a) in possession of or held or deemed to be held by an intermediary as sir, khudkasht or and intermediary's grove (b) held ..... m. k. ranganathan v. govt. of madras : [1955]2scr374 , apparently general words were given a narrower meaning in the light of their immediate collocation.35. coming back, therefore, to section 9 of the act we notice that the word 'held' is the proximate associate of the expression 'belonging to'. this expression connotes a lawful right or title and excludes a wrongful possessory claim ..... trial court and dismissed the appeal, which meant that the plaintiffs had a decree in their favour for actual possession of the property detailed at the foot of the plaint.10. in this second appeal, it was contended that on the findings arrived at by the courts below, the plaintiffs' suit could not be decreed because of the provisions of .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-06-1961
Reported in : (1962)3GLR33
..... the learned magistrate erred in holding that a loan to a co-operative society is not included in the definition of loan contained in sub-section (9) of section 2 of the bombay money lenders act and(2) whether the learned magistrate erred in acquitting the respondent.4. our findings are: (1) yes and (2) no. the ..... societies. this is clear from the preamble itself which provides that for the purpose of promoting thrift self-help etc. it is expedient to consolidate and amend the law relating to co-operative societies. the words relating to a public religious or charitable object are found in clause (b) of the definition. ..... the respondent on the ground that a loan to a co-operative society was not included in the definition of loan contained in section 2(9) of the bombay money-lenders act. on this ground he acquitted the respondent although according to the magistrate all the facts about the advancing of the loans were ..... fees and so on. some of these may be public objects hut it cannot be said that prisons and boilers etc. are public objects. there can be no doubt that the object of all indian enactments is generally a public one. but that does not mean that the enactments relate to a public object. ..... avail itself of the opportunity of adducing evidence it cannot have a second opportunity. we therefore see no reason to order a remand of this case.10. although we differ from the learned magistrate on the question of law there is no reason to set aside the order of actual passed in favour .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Dec-29-1961
Reported in : AIR1962P& H375; [1962]46ITR633(P& H)
..... 644/-. on 8th of august, 1946, the partners were assessed separately under clause (a) of sub-section (5) of section 23 of the indian income-tax act (hereinafter called the act). banarsi dass on an income of rs. 9,352/- which comprised his share in the profits of the firm while his brother phool chand on rs ..... according to the assessee shifted from kuchu natwan to katra gauri shanker. though no notice of its discontinuance was given under sub-section (3) of section 25 of the act, it is claimed on behalf of the assessee that a note was made in the income-tax return of the relevant year ..... against this assessment of the firm is still pending before the appellate assistant commissioner thought the appeal against individual assessments on the petitions under section 35(5) of the act have been dismissed by the tribunal as non-maintainable. concededly, the orders passed by the tribunal, annexures q-1 and q-2, ..... ramnivas hanumanbux v. s. venkataraman : [1959]37itr329(bom) by shelat j. that if there was no discontinuance of the business of the firm section 44 was not applicable and a mere service on the firm ..... (2) of the act.'mr. hardy contends that in absence of a notice of discontinuance by the assessee a mere note made in the income-tax return that the firm had dissolved its business did not entail any obligation on the respondent to have the petitioners served individually. (10) it was held in .....
Tag this Judgment!Court : Allahabad
Decided on : Dec-26-1961
Reported in : AIR1962All521
..... section 9. we are of opinion that having regard to the provisions of the act as well as the scope and meaning of article 31 the impugned sections do not offend against the constitutional safeguards given in article 31. 29. it was further argued on behalf of the respondents that articles 31a and 31b, which were introduced in the constitution by the constitution (first) amendment act ..... amount of the two mortgages. after the decree liquidation, proceedings were started which remained stayed either due to the orders of the government or the; passing of u. p. act x of 1950 pending legislation regarding the abolition of the zamindari. 4. the estate of raja kishori raman singh (hereinafter called the judgment debtor) was released from the superintendence of the ..... under section 4 of this act.' the primary requirement under the definition, therefore, is that in order that the property may constitute ..... of record of rights in force at any time and includes share in, or of an estate'. explanation : the act, rule on order referred to in this clause shall include, act, rule, regulation or order made or promulgated by the erstwhile indian states whose territories were merged or absorbed in the state of uttar pradesh prior to the date of vesting notified .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-22-1961
Reported in : AIR1962SC821; [1962]Supp2SCR411
..... the lands, of a further sum equivalent to two multiples of such assessment; x x x (2) the 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 ..... , namely, the constitutional validity of some of the provisions of the bombay land tenure abolition laws (amendment) act, 1958 (bombay act lvii of 1958) and in particular, of the provisions contained in sections 3 and 4 read with section 6 thereof. we shall hereinafter refer to this act as the impugned act, 1958. 2. put very briefly, the case of the petitioners is that as a result ..... the part of the tenant to pay the same. explanation 1. - * * * explanation 2. - * * * (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 ..... rent payable for the land and the factors specified in sub-section (3) of section 63a.' 9. the difference in the purchase price mentioned in s. 5a of the taluqdari abolition act, 1949, and the purchase price mentioned in s. 32h of the tenancy act, 1948, is noticeable. under s. 5a of the taluqdari abolition act, 1949, the purchase price for the right of occupancy is .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-22-1961
Reported in : AIR1962SC945; 28(1962)CLT273(SC); [1962]Supp(2)SCR380
..... 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 ..... 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 ..... the high court on this point has not been challenged before us. so we are relieved of the task of considering the merits of this finding. 10. it was then contended that s. 4 of the ordinance contravenes the equality before law guaranteed by art. 14 of the constitution. it was also ..... powers exercised under the municipal act but 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. ..... valid and regular the electoral rolls which would otherwise have been held to be irregular and invalid in accordance with the judgment of the high court. 9. before the high court, on behalf of mr. bose five points were raised. it was argued that the provisions of the ordinance were a mere .....
Tag this Judgment!Court : Kolkata
Decided on : Dec-21-1961
Reported in : AIR1962Cal649,66CWN395,[1962(4)FLR89],(1962)IILLJ62Cal
..... of a recognised trade union to negotiate on behalf of its members with the employer under section 28-f, sought to be introduced into the trade unions act of 1926 by the amending act of 1947 (which amending act is not yet brought into force), and the position of a union or association of employees ..... to follow. in the present case, the petitioner association is registered under the indian trade unions act xvi of 1926 and is a corporate body with right to sue or being sued in its own name see sections 4, 9 and 13). in order to maintain an application for a writ of certiorari, ..... to say that it is not affected by an order which affects the proper running of the transport services in route 78. under section 47 of the act, even an incorporated association interested in the provision of road transport facilities is permitted to make representations against the issue of a permit ..... hereinafter stated. the respondent sk. sirajuddin owned ten stage carriages, plying on different routes in calcutta and its suburbs. permits for 8 out of 10 buses were subsequently cancelled and permits for 2 buses only were granted to the said respondent to ply on a stated route. the said route ..... the trade union should continue throughout the proceedings in the absence of exceptional circumstances which may justify the tribunal to permit other representatives of the workmen concerned.' 10. to the catena of cases cited at the bar, i desire to, add another viz., the case of barrackpore bus syndicate v. serajuddin : .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-21-1961
Reported in : AIR1962SC981; [1962]Supp(2)SCR257; [1962]13STC236(SC)
..... passed by the vindhya 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. there is a fundamental fallacy involved ..... be deemed to be in force in vindhya pradesh from april 1, 1951. 7. repeal and savings :- as from the dates of the actual enforcement of the acts specified in section 2 of this act the corresponding laws in force in vindhya pradesh immediately before the said dates shall be deemed to have been repealed without prejudice to anything done or suffered thereunder ..... a definition of 'sale' to separate the two. the other view was that building contracts were entire, and that there was no sale of goods as contemplated by the indian sale of goods act, which was the sence in which the entry was framed, a sence which had a well-recognised legal import. this court in gannon dunkerley's case : [1959]1scr379 ..... december 29, 1950. indeed, in the ruling of this court at the same page are cited passages from willoughby on constitution of the united states (2nd edn.) vol. 1, p. 10 based on the decision in john m. wilkerson v. charles a. rahrer (1891) 140 u.s. 545; 35 l. ed. 572 to the effect that if the cause of the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-21-1961
Reported in : AIR1962SC876; [1962]Supp2SCR297
..... 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 ..... there is nothing to indicate that there was no proper investigation on the previous complaint or that there was any necessity for investigating the second complaint. x x x x no additional witness had been cited in the second complaint, nor, as pointed out by the additional magistrate, was it alleged that any other kind ..... his case, he or any other person should be given another opportunity to have his complaint enquired into allah ditta v. karam baksh i.l.k. 12 lah. 9, ram narain chaubey v. panachand jain : air1949pat256 , hansabai v. ananda a.i.r. (1949) bom. 384], doraisami v. subramania a.i.r. (1918 ..... air1949pat256 , ramanand v. sheri i.l.r(1933) . 56 all, 425, and allah ditta v. karam bakshi i.l.r(1930) . 12 lah. 9. in all these decisions it was recognised further that though there was nothing in law to bar the entertainment of a second complaint on the same facts, exceptional ..... facie that the minutes of the proceeding dated january 16, 1948 were forged and so also the unregistered deed of agreement dated january, 19, 1948. 9. the learned chief presidency magistrate then said : 'prima facie, i am satisfied about the truth of the allegations the complaint makes. that apart, the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-20-1961
Reported in : AIR1966SC1768; [1962]44ITR556(SC); [1962]Supp2SCR243
..... ) which 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 comma after ..... 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 - assessee submitted ..... provisions of this ordinance, government may make rules for carrying out the purposes of this ordinance. (2) rules made under this section shall be published in the official gazette and shall thereupon have effect as if enacted in this ordinance.' 9. the other relevant definition is of the expression 'profits' which is defined in s. 2 (16) as : 'profits as determined in ..... accordance with the provisions of this ordinance and its first schedule;' 10. there is a first schedule which follows the ordinance and which is headed 'rules .....
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