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 : Kerala
Decided on : Aug-16-1961
Reported in : AIR1962Ker298
..... for the petitioners and the learned advocate general on behalf of the state, i will advert to the salient features of the travancore tolls recovery act --act iv of 1088 as amended by act iii/1098, because an alternative contention has been raised by the state that the notification, which is under attack, can in any event, be ..... within their jurisdiction. (d) all vehicles and machinery belonging to the t. c. government excluding those of the state transport department. (e) all vehicles belonging to the indian or international red cross. (f) all vehicles, belonging to the defence department of the government of india. (g) all vehicles belonging to all foreign embassies of the ..... consider the question as to whether there has been an excessive delegation of legislative authority under section 11 (1) of the madras commercial crops markets act -- act 20 of 1933 as amended by act 33 of 1955. under the said section, power was given to the market committee to levy a cess by way of sales tax on any .....
Tag this Judgment!Court : Kerala
Decided on : Aug-12-1961
Reported in : AIR1962Ker81
..... and it wasobserved that when a charge has been definitelyframed in which theft is alleged, the accused can. not be convicted of house trespass with some otherobject, without an amendment of the originalcharge unless the court is satisfied that he has notbeen prejudiced in his defence by the omission toamend the charge. 9. following all these decisions the orissa ..... is likely to cause insult or annoyance to the owner of the property does not amount to an intent to insult or annoy within the meaning of section 441, indian penal code; but where the trespasser knows that his trespass is practically certain in the natural course of events to cause insult or annoyance to the owner of the ..... c. j. said in r. v. dixon, (1814) 3 m. and section 611 at p. 15:'it is universal principle that when a man is charged with doing an act, ............ the intention is an inference of law resulting from doing theact'.16. a division bench of this court in kunju moideen methararu v. kandan, 1958 ker lt 1048 : (air .....
Tag this Judgment!Court : Chennai
Decided on : Aug-11-1961
Reported in : (1962)2MLJ67
..... a notification published under section 64 and would be in force for five years from the date of the commencement of this act. act xix of 1951 was amended by act ix of 1956. section 2, of the amending act substituted a new sub-section in the place of section 64(4). under that provision:every notification published or deemed to be ..... petition under article 226 of the constitution for calling for the papers relating to g.o. no. 3069 (revenue), dated 4th august, 1956, for declaring that the amending act ix of 1956 and the aforesaid government order issued thereunder are ultra vires and inoperative to the extent to which they affect the rights of the petitioner, and for ..... of succession to the office of trustee was hereditary. there was also provision for the framing of a scheme for the management of temples.11. this act was amended by madras act ix of 1937 by introducing a new chapter, namely chapter vi-a. that provided that notwithstanding that a temple or specific endowment attached to a temple .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-11-1961
Reported in : AIR1961P& H560
..... of the controversy, the petitioner, jyotsna raje, is the daughter of h. h. the maharaja of samthar who, after the merger of samthar state with the indian dominion (now indian union) is permanently residing in lucknow (uttar pradesh), and his daughter jyotsna raje petitioner is residing with her father in lucknow. jagpal singh, who is an executive ..... (air 1961 punj 42) where it has been succinctly stated that if the amounts of expenses and maintenance pendente lite under section 24 of the hindu marriage act are not made available to the applicant immediately, then its object and purpose stands defeated.in my opinion the learned district judge was certainly in error in not ..... hissar, praying that the proceedings in the main case be stayed till the decision of the application for maintenance pendente lite under section 24 of the hindu marriage act. this prayer was disallowed on 12th april 1961.4. with respect to case no. 2 it is averred that the petitioner filed her written statement on 23rd .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-10-1961
Reported in : AIR1962P& H94
..... 68-a the undertaking may be carried on not only by the state government but by five other different institutions. the undertaking is made a statutory authority under the amending act with a right to initiate the scheme and to be heard by the state government in regard to objections filed by the persons affected by the scheme. while in ..... the u. p. act a board hears the objections, under the amending act the state government decides the disputes. the provisions of the scheme, the principles of compensation and the manner of its payment also differ in the two ..... court's decision and that of the supreme court. but this apart, in my opinion, the law laid down by the supreme court is binding throughout the union of indian and therefore for the purposes of deciding the instant case i would prefer to confine myself to the law as laid down by the supreme court. (6) the counsel .....
Tag this Judgment!Court : Chennai
Decided on : Aug-10-1961
Reported in : AIR1962Mad141
..... proceedings. i am afraid that the relevant birth register extracts are totally useless, and they do not constitute evidence against the revision petitioner. section 35 of the indian evidence act has been referred to by the learned counsel for the respondent, but that would merely make the entries in such documents relevant facts, if the entries had been ..... finding. the learned magistrate appears to have a somewhat misdirected himself in thinking that, when the revision petitioner took no steps to have the entries in the birth certificates amended, a presumption arises against him, which might be strengthened by the oral testimony. further, the burden of proof is not upon the presumed father of the children ..... other children. in any event, i am aware of no principle of law under which the mere fat that a person does not take steps to amend an entry of that character, would constitute an admission of paternity; for any such inference to arise, there must be clear procedure for the deletion or .....
Tag this Judgment!Court : Chennai
Decided on : Aug-10-1961
Reported in : (1962)2MLJ107
..... proceedings. i am afraid that the relevant birth register extracts are totally useless and they do not constitute evidence against the revision petitioner. section 35 of the indian evidence act has been referred to by the learned counsel for the respondent, but that would merely make the entries in such documents relevant facts, if the entries had ..... finding. the learned magistrate appears to have somewhat misdirected himself in thinking that, when the revision petitioner took no steps to have the entries in the birth certificates amended, a presumption arises against him, which might be strengthened by the oral testimony. further, the burden of proof is not upon the presumed father of the children ..... other children. in any event, i am aware of no principle of law under which the mere fact that a person does not take steps to amend an entry of that character, would constitute an admission of paternity; for any such inference to arise, there must be clear procedure for the deletion or .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-09-1961
Reported in : AIR1962P& H204
..... case, (1955) 1 scr 290: (air 1954 sc 569) dealt with section 3(1) of the patna administration act, 1915, (bihar and orissa act i of 1915) as amended by patna administration (amendment) act, 1928 (bihar and orissa act iv of 1928) and with a notification issued by the governor of bihar picking out section 104 out of the bihar ..... the wives and daughters of the owners of liquor establishments was held by a majority of the court not to violate the equal protection clause of the fourteenth amendment. likewise, a city regulation which prohibited advertising vehicles in city streets, but permitted the putting of business notices upon business delivery vehicles, so long as ..... the object of the legislation vide 'royester guano co. v. virginia' (1919) 64 law. ed. 989; 'frost v. corporation commission' (1928) 73 law ed. 483; 'hartford steam boiler inspection and insurance co. v. harrison' (1936) 81 law. ed. 1223 and 'wheeling steel corporation v. glander' (1948) 93 law ed. 1544' (page 692 of the report) .....
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 .....
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