Court : Supreme Court of India
Decided on : Apr-17-1961
Reported in : AIR1961SC1534; [1962]2SCR1; [1961]12STC429(SC)
..... to be assessed pursuant to the notification dated march 31, 1956, filed a petition under art. 226 before the allahabad high court and raised the contention that as the amendment act merely amended s. 3-a and did not in terms validate the impugned notification, no proceedings could validly be taken under that notification and that therefore the proposed levy was illegal. ..... on it. 10. with a view to remove the defect pointed out in adarsh bhandar v. sales tax officer : air1957all475 , the state legislature passed the uttar pradesh sales tax (amendment) act, 1957. that act received the assent of the president on august 31, 1957, and was published on september 3, 1957. it runs, so far as is material, as follows :- 'for sub-section ..... venkatarama aiyar, j.1. the petitioner is a company incorporated under the indian companies act, its registered office being at kanpur in the state of uttar pradesh, and it is carrying on business in the manufacture and sale of jute goods. by a notification dated .....
Tag this Judgment!Court : Kolkata
Decided on : Apr-17-1961
Reported in : AIR1962Cal115,65CWN856
..... with the power conferred on them by the articles of association of the company. before the trial court counsel for the defendant contended that the indian companies act 1913 both before and after its amendment by the indian companies amendment act 1936 required that the company must have directors, that the balance-sheets must be prepared and signed by the directors and that the relevant ..... 4 will -- 4 c. 42), see re atlantic and pacific fibre importing and ., 1928 ch. 836 under section 1 of lord tentenden's act 1828 (9 geo. 4, c. 14) read with section 13 of the mercantile law amendment act 1856 (19 and 20 vict. c. 97), see re the coliseum (barrow) ltd., (1930) 2 ch. 44 at p; 47 and under ..... sections. 23 and 24 of the limitation act 1939 (c. 21), see ledingham v. bermejo estancia co. ltd., (1947)1 all er 749 and jones .....
Tag this Judgment!Court : Kolkata
Decided on : Apr-17-1961
Reported in : AIR1962Cal387
..... may sue, and shall be sued in the name of his state.'.....after the integration of the indian states the central legislature amended sections 86 and 87 and also introduced sections 87a and 87b by act ii of 1951. as a result of the amendment sections 86(1) and 87 now stand as follows:-- 'section 86(1)--no ruler of a ..... upon any 'sovereign prince or ruling chief whether in subordinate alliance with the british government or otherwise.' the new sections 86 and 87a introduced by the civil procedure amendment act (ii of 1951) now extend the personal immunity to any ruler of a foreign state who is defined as the person who is for the time being recognised ..... 1877. the civil procedure codes of 1877, 1882 and 1908 specially provided for the immunity of sovereign princes and ruling chiefs from suits. the civil procedure code 1908 as amended by act ii of 1951 has extended the immunity to all heads of foreign states. but the code has not specially provided for the immunity of a foreign state. the .....
Tag this Judgment!Court : Allahabad
Decided on : Apr-17-1961
Reported in : (1961)IILLJ197All
..... court after the passing of the constitution of india and secondly, that view is no more a good law after the legislature expressed its intention in unambiguous terms in the amending act of 1951. both these contentions cannot be accepted. so far as the first contention goes, it has been held in the case of radharani das v. sisir kumar and ors ..... fact that the workman was at the time of the injury a workman of, or in the service, of, or engaged in the work of, the employer.12. by the amending act of 1951, clause (d) has been substituted and it reads as follows:3. where personal injury is caused to a workman(d) by reason of the ..... on the indian courts and they could not refuse to follow them. in view of these authorities and the provisions in article 225 of the constitution, the law laid down by the privy council has a binding effect and has to be followed.17. so far as the second argument relating to the intention expressed by the legislature in the amending act of .....
Tag this Judgment!Court : US Supreme Court
Decided on : Apr-17-1961
..... owned buildings. as the chancellor pointed out, in its lease with eagle, the authority could have affirmatively required eagle to discharge the responsibilities under the fourteenth amendment imposed upon the private enterprise as a consequence of state participation. but no state may effectively abdicate its responsibilities by either ignoring them or by merely ..... supreme court of delaware reversed, as we mentioned above, holding that eagle, "in the conduct of its business, is acting in a purely private capacity." it therefore denied appellant's claim under the fourteenth amendment. upon reaching the application of state law, it held, contrary to appellant's assertion that eagle maintained an inn, ..... 's tax exemption. page 365 u. s. 720 the authority further agreed to furnish heat for eagle's premises, gas service for the boiler room, and to make, at its own expense, all necessary structural repairs, all repairs to exterior surfaces except store fronts and any repairs caused by lessee' .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-14-1961
Reported in : AIR1962SC92; [1961]42ITR761(SC); [1962]1SCR966
..... s. 5 of the act came in for challenge on the ground that the income-tax officer could pick ..... sub-s. (4) of s. 5 of the act was bad, as it offended the provisions of art. 14 of the constitution. sub-section (4) of s. 5 of the act having been declared void, parliament passed the indian income-tax amendment act, 1954 amending s. 34 of the indian income-tax act, 1922. as a result of this amendment, the validity of sub-s. (1) of ..... out some out of the class of substantial tax evaders and refer their cases under sub-s. (1) of s. 5 while dealing with other such persons under the amended s. 34 of the indian income-tax act. in shree meenakshi mills ltd., madurai v. a. v. visvanatha sastri and another, : [1954]26itr713(sc) , sub-s. (1) of s. 5 of .....
Tag this Judgment!Court : Chennai
Decided on : Apr-14-1961
Reported in : AIR1962Mad75; [1961]31CompCas539(Mad); (1961)2MLJ494
..... proceedings and to recommend changes in law, procedure and machinery in order to facilitate the speedy disposal of proceedings in liquidation.'(10) he stressed that the amending act of 1953 was therefore intended to prevent considerable expense and immense delay involved in the official liquidator being compelled to pursue legal proceedings against debtors of banking ..... which we have to decide the question arising in this case.(9) mr. vasudevan referred to the history of the various amendments of the act for pointing out the purpose for which the amending act of 1953 was enacted. he relied on the following passage in the statement of objects and reasons :'experience of the liquidator ..... in shenoy v. rathunath, ilr 1959 mad 715 regarding the scope and effect of secs. 45-a and 45-b of the indian banking companies act as amended in 1953 (hereinafter referred to as the act). thereupon at the instance of one of us this petition has been referred to this bench.(2) the petitioner was carrying on .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-12-1961
Reported in : AIR1961SC1564; [1962]1SCR905
..... is the correctness of this order that is challenged in this appeal. 7. this appeal has no force. section 31 of the bombay tenancy act, 1939, made amendments to s. 9 of the act and the section after amendment reads : 'the rights of khots and privileged occupants shall be heritable and transferable'. 8. 'privileged occupant' included a permanent tenant under clause ..... laxman raut was void and that the plaintiff obtained good title under the sale deed in his favour in view of the amendment of s. 9 of the act by s. 31 of the bombay tenancy act, 1939 (act xxix of 1939), by which no consent of the khot was necessary for executing the sale deed in 1945. respondent no ..... (5) of s. 3 of the act. the bombay tenancy act received assent of the governor of bombay on april 2, 1940, but it came into force .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Apr-12-1961
Reported in : AIR1962P& H321
..... courts below and which has also been argued before me is about limitation. the court below have held the suit to be within time and applied article 120 of the indian limitation act. but as i look at the matter, i do not see how the question of limitation arises at all. so far as the appellant is concerned, the shares were ..... owed by him on the due date or after notice by the pledgee for its payment. for this the learned counsel relies on the provisions of section 176 of the indian contract act, which are in these terms:'if the pawner makes default in payment of the debt, or performance, at the stipulated time of the promise, in respect of which the ..... demand was a wrongful conversion of the securities, for which they are liable to pay damages; still, the only question is, what damages has the plaintiff sustained by such wrongful acts of the defendant, assuming them to be wrongful. from this point of view the present case is not distinguishable from that johnson v. stear, 15 cb (ns) 330 and .....
Tag this Judgment!Court : Kerala
Decided on : Apr-12-1961
Reported in : AIR1962Ker185
..... this was done by notification of february .15, 1.956. the aforesaid notification provided for the following amendments:'(1) in clause (a) of sub-rule (1) of rule 18 --(a) for the words 'travancore income tax act' wherever they occur the words and figures 'indian income tax act, 1922' shall be substituted;(b) for the word and feme 'section 8'' the word and figure ..... should be deemed to be the reference to the indian income tax act under the general clauses acthe has urged that the assessment on the petitioner is valid notwithstanding the decision in (s) air 1956 trav-co 174. the two questions, therefore, inviting adjudication in these writ petitions fire:(1) whether the subsequent notifications amending the proviso to rule 18(2) as well .....
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