Court : Himachal Pradesh
Decided on : Dec-19-1961
Reported in : AIR1962HP35
..... proceedings during or on the expiry of the period of their probation if they fail to maintain an exemplary standard of conduct and efficiency and even thoughthe aforesaid amended rule may not be applicable to himachal pradesh it may reasonably be interred that the intention of the rule-making body even previously was that sub-inspectors promoted ..... majority of the learned judges constituting the bench severed the legal from the illegal part of an order made by a state transport authority under the motor vehicles act and quashed the illegal part in the instant case severance of the portion of the order which is bad in law can be brought about without destroying the ..... in such a vacancy he is liable to be reverted when the deputation of the holder of the selection grade in a substantive capacity ceases. it is, therefore, act correct to say that whenever an appointment is made to the selection grade of sub-inspectors it is invariably in a substantive capacity. the contention advanced on behalf .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-18-1961
Reported in : AIR1964Bom7; (1963)65BOMLR191; ILR1963Bom715
..... could base his claim on inconsistent pleas and that no prejudice would be at all caused to the government by allowing the respondents application for amendment. he submitted that the government could get the act amended to their liking even if the decision in this suit ultimately went against the government and that in the interest of justice it was necessary ..... force the government of india was unitary and all the laws of the land were passed by the government of india. section 36 of the india councils act of 1861 empowered the indian government to make laws inter alia with reference to lands and land revenue, and it appears that it was by virtue of this power that the ..... that the crown is the supreme owner of all the lands within its territories as stated at page 8 of the 5th edition of medley's constitution. mukherjee on indian constitution also describes the several prerogatives of the crown at page 356 and one of those prerogatives is said to be 'lordship of the soil'. dandekar in his .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Dec-15-1961
Reported in : AIR1962P& H433; [1963]33CompCas1043(P& H)
..... not created any material prejudice in the minds of the respondents. by way or abundant caution, i allow the official liquidator to amend the plaint by indicating in the heading that it is also under section 543 of the indian companies act, 1956. the requisite court-fee may also be paid. (7) lest respondents nos. 2, 3 and 5 should feel that ..... the main petition. but, in order to obviate the objection raised by the respondent, he prayed that the heading of the petition may be allowed to be amended by inserting section 543 of the companies act, 1956, as well. it was also prayed that the petitioner may be permitted to pay the balance of the court-fee, namely, rs. 10.35 ..... april 28, 1961, may be read as part of this order. by that order i had allowed the official liquidator to amend the plaint by indicating in the heading that it was also under section 543 of the companies act, 1956. i had also directed that the requisite court-fee which was required in addition, may also be paid. an opportunity .....
Tag this Judgment!Court : Kerala
Decided on : Dec-15-1961
Reported in : AIR1965Ker214
..... was to take marine insurance policies out of section 135 and provide for them in the new section 135a.6. the bill that became the transfer of property (amendment) act, 1944 was l. a. bill no. 9 of 1944. the statement of objects and reasons appended to that bill, gazette of india, part v dated the 19thfebruary 1944 dealt with ..... yarn (p) ltd. v. indian national steamship co. ltd., air 1964 cal 362, also a case under sub-section (3) of section 135a. in between these two decisions, mukherjee j. took a contrary view in ..... law would not give theinsurer a right to sue in a court of law in his ownname.'15. to the same effect is the decision of mitter j. in indian trade and general insurance co. ltd. v. union of india, air 1957 cal 190, a case under sub-section (3) of section 135a; and of mitra j. in textiles and .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Dec-15-1961
Reported in : AIR1962P& H262
..... his office; or (c) by forwarding it by post in a prepaid letter addressed to the manager or agent at his office and registered under part iii of the indian post office act, 1866. at this state, it is relevant also to refer in the definitions of the expression 'railway' and 'railway administration' or 'administration' as given in section 3 of ..... sought to be made liable on the ground that the goods has been received by it. the trial court dismissed the suit holding that notice under section 77 of the indian railways act and also notice under section 80, civil procedure code to e. p. railway was not a sufficient compliance with the requirements of the section inasmuch as the notice did not disclose ..... sunder lal's case, air 1958 punj 149 lays down the legal position correctly.(3) mr. salooja has contended that the provisions of sections 77, 80 and 140 of the indian railways act throw considerable light on the meaning to be placed on section 80 of the code of civil procedure. section 77 of this .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-13-1961
Reported in : (1962)3GLR574
..... -section (2-a) would apply to all cases where notices might have been given but where the tenancy had not actually terminated before the coming into force of the amending act.11. these observations clearly support the view which i am inclined to take viz. that it is only when the contractual tenancy is terminated that the tenant acquires a ..... possession of the land from the tenant. the argument urged before the supreme court was that if sub-section (2-a) was applied to notices issued before the amending act carne into force that would have the effect of taking away the vested right of the landlord. the supreme court repelled this contention by observing as follows:as we ..... the consideration and howsoever it be described that would be the rent. as observed by sir dinshah mulla in his commentary on the transfer of property act 4 edition at page 609in indian law any payment by the lessee that is part of the consideration of the lease is rent. applying this test it is clear that the municipal .....
Tag this Judgment!Court : Chennai
Decided on : Dec-13-1961
Reported in : AIR1962Mad290; [1962]13STC371(Mad)
..... , there shall be deducted the following amounts from the aggregate of sales prices................(a).............(b)...........'the subsequent form of amendment of rule 11 (2) is not material for the consideration of the present question. what has now to be examined is whether the rule provides for the manner in ..... incidents in relation to which the central government is empowered to make rules under sec. 13(1)(b) of the act subrule 11(2) was framed and inserted by s. r. o amended by g. s. r dated 23-9-1958. before its amendment, rule 11 (2) read thus :'in determining the turnover of a dealer for the purpose of sec. 8 ..... the determination of the turnover, which is in so far as the central sales-tax act is concerned is required to be determined only under the central act and the rules framed thereunder.(13) learned counsel had made reference to s. 40 of the indian income-tax act, where when the guardian or trustee of a minor, lunatic or idiot is in .....
Tag this Judgment!Court : Chennai
Decided on : Dec-13-1961
Reported in : (1962)2MLJ302
..... alleged lacuna.9. it is not disputed that section 11(2) is operative for the assessment year in question. even in the form in which it stood prior to its amendment in september, 1958, what it stated was that ' in determining the turnover ' of a dealer for the purposes of section 8, there shall be deducted the following amounts ..... of a dealer for the purposes of section 8, there shall be deducted the following amounts from the aggregate of sales prices....(a) ....(b) ....the subsequent form of amendment of rule 11 (2) is not material for the consideration of the present question. what has now to be examined is whether the rule provides for the manner in ..... with the determination of the turnover, which in so far as the central sales tax act is concerned is required to be determined only under the central act and the rules framed thereunder.14. learned counsel had made reference to section 40 of the indian income-tax act, where when the guardian or trustee of a minor, lunatic or idiot is in .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Dec-12-1961
Reported in : AIR1962MP301
..... firm museram kishunprasad, air 1950 nag 85 (judgment of 28-9-1947).'merely suing the governor general as representing the entire state owned railways (at least before the indian independence act was passed), is not a proper form of suit because that would render section 80 otiose and meaningless. 'whatever may be the position after the ..... to implead either of the railways is fatal to his suit.12. certainly, we are of the view that an omission like this could have been remedied by a formal amendment; but the plaintiff failed to do se even after the omission was pointed out in the written statement ('other objections' (d)).13. ground no. (i) (c):--the ..... officer,who examined the goods before open delivery, that the damage could not have happened by the mere jolting within the wagon during motion and shunting, and that the boiler must have fallen down before sustaining the damage. in the absence of any alternative theory, this has to be accepted. secondly, the plaintiff has shown what is obvious .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-12-1961
Reported in : AIR1962Bom263; (1962)64BOMLR274; ILR1962Bom483
..... of the code of criminal procedure.(5) it is argued that whatever be the position under the criminal procedure code, inasmuch as s. 3 of the prevention of corruption act, has been amended and the offences under ss. 161 to 165 are taken out from s. 3, it must be deemed that to that extent the provision of the criminal procedure code ..... 1) this is an appeal by the accused who has been convicted by the learned special judge nanded, under s. 161 of the indian penal code and s. 5(2) of the prevention of corruption act, 1947., for each of which offences he has been sentenced to one year's rigorous imprisonment and the sentences are directed to run ..... ss. 161, 165 and 165a of the indian penal code, shall be deemed to be cognizable offences for the purposes of the code of criminal procedure, 1898, notwithstanding anything to the contrary contained therein. thereafter, by act 26 of 1955, s. 114(b), in respect of ss. 161 to 165, necessary amendment was made in the criminal procedure code by placing .....
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