Court : Gujarat
Decided on : Aug-29-1961
Reported in : AIR1962Guj194; (1962)0GLR85
..... and against such a foreigner the order in question can be made. it was, however, contended by the learned government pleader that there is nothing in the amendment act to indicate that it is of a retrospective character'. the only contention urged by the learned government pleader was that the petitioner ccased to be a citizen of india ..... of this country on the date when the constitution came into force he subsequently renounced the indian citizenship and acquired the citizenship of pakistan, it would be the central government, as a tribunal under section 9(2) of the citizenship act of 1955, which would have the exclusive jurisdiction to determine that question. there is no ..... would take away from the petitioner his status as a citizen of this country. he was, therefore, held a citizen of this country. there is nothing in the amendment act also which would have the effect of rendering a person who is not a foreigner a foreigner. we are not, therefore, in a position to find any justification .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-29-1961
Reported in : AIR1962P& H170; [1962]32CompCas994(P& H)
..... 11) the word 'suit' is not defined in the indian partnership act. in hansraj gupta v. dehra dun mussoorie electrict tramway co. ltd., air 1933 pc 63, it was observed by their lordships of the privy council as under ..... dass's case, (s) air 1957 punj 159, it was wrongly conceded that these proceedings were not a 'suit' and s. 69(2) of the indian partnership act had no application to the same. he argued that the respondent-firm, therefore, could not file the present application against the petitioner-bank, unless it was registered.( ..... 3 were displaced persons from pakistan.(3) this application was opposed by the petitioner-bank, which pleaded that the respondent firm was not duly registered under the indian partnership act; that the respondents were not displaced persons; that out of the bills in question, only some had been actually realized; an that the petitioner-bank was .....
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 : Allahabad
Decided on : Aug-26-1961
Reported in : AIR1965All298
..... of the decree and communicated this information to the collector under section 19-a of the e. e. act, the decree already transmitted stood amended accordingly. the effect of the communication of the order is that the decree already transmitted stands amended; in other words it has the force of finally adjudicating upon the rights in controversy in the proceeding. ..... decree already transmitted to the collector under section 19 stands amended accordingly. 8. the point for consideration is whether the order under section 19-a of the e. e. act is an order having the force of a decree. a similar question was raised in an appeal under the indian succession act, and was considered by a full bench of this ..... or an order having the force of a decree. the order under section 19-a of the e. e. act informing the collector of the reduction made in the amount of the decree is not a decree. the amended decree comes into existence by the fiction of law, namely, that as a result of the communication of the .....
Tag this Judgment!Court : Kerala
Decided on : Aug-25-1961
Reported in : [1961]12STC807(Ker)
..... question which arises in this case is whether section 18-a is applicable to the facts of this case. the assessment relates to the year ending 31st march, 1951. the amending act vi of 1951, introducing section 18-a was passed subsequent to 31st march, 1951. it is an established principle of construction that unless a provision in a statute is made ..... income-tax can question the validity of the assessment either in whole or in part. the provisions in the madras general sales tax act are analogous to these provisions in the indian income-tax act. two cases under the income-tax act may now be considered. raleigh investment co. ltd. v. governor-general in council [1947] 15 i.t.r. 332. in that case .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-23-1961
Reported in : AIR1962P& H293
..... modification of the decree and consequently, it could not be stated as an agreement. apart from that, it was urged that by virtue of section 36 of the indian stamp act, any document--whether an original or a copy--which is once admitted could not be rejected after. on behalf of the respondent it was urged that section 36 ..... the contention of the learned counsel but interpretation of section 36 was not directly in issue and the case was decided on another point. section 35 of the stamp act deals with the instruments which are not duly stamped and are, therefore, inadmissible in evidence but can be admitted into evidence, if they are not of a certain ..... rule 2 for certification of the adjustment outside the court, the same should have been brought within ninety days of the adjustment as provided under article 174 of the limitation act. he, however, went into the other issues and held that there was a compromise as alleged and that the payments had been made in pursuance of the settlement. .....
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 : Andhra Pradesh
Decided on : Aug-18-1961
Reported in : 1962CriLJ719
..... , is. clear that lie clear as well that cognisance of non-cognizable cases also- on .police report.but the matter does not. end there, for as. a result of amendment in criminal procedure, two entirely different procedure? have now. been made available for cases brought on two different, bases, section 207 cr p. c. which,. relates, to the ..... fails.... ;7. i then take up, the second ground urged which in my opinion is not without substance. it is indisputable that an offence under section 211 ipc is a non-cognizable offence and should have been undoubtedly taken cognizance of by the court if it was instituted on a private complaint. a complaint within the meaning of ..... 155(2) the report based there upon was not the i police report to which the provision of section 207-a would apply. the magistrate therefore did not act in accordance with law when he adopted the said procedure, it was obligatory on him to follow the procedure in section 208. it is nevertheless argued that any irregularity .....
Tag this Judgment!Court : Kolkata
Decided on : Aug-17-1961
Reported in : [1962]13STC138(Cal)
..... the proviso in section 5 (2) (a) (ii) appears to have been introduced in the act by section 4 (a) of the west bengal amendment act xlviii of 1950 and certain modifications were also made in this sub-clause (ii) by this amending act and it appears that this sub-clause together with the proviso was put into force by a government ..... would have enabled the appellant to get the exemption. i fail to see how the counterfoils could be regarded as counterparts within the meaning of section 62 of the indian evidence act, which provides that 'where a document is executed in counterpart, each counterpart being executed by one or some of the parties only, each counterpart is primary evidence ..... the commissioner or the commercial tax officer is to be deemed a judicial proceeding within the meaning of sections 193, 228 and 196 of the indian penal code. it has been argued that the proceedings before the commercial tax officers have, by statute, been made to approximate as closely as possible to proceedings .....
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