Court : Supreme Court of India
Decided on : Mar-21-1961
Reported in : AIR1961SC1397; [1962]1SCR456
..... must therefore fail. 10. the next contention raised in the appeal is - to use the learned counsel's own word - that in view of s. 43 of the indian partnership act the partnership stood dissolved from november 2, 1948 and the custodian had no jurisdiction to declare the 'business' to be an evacuee property. it does not appear to have ..... evacuee has any right or interest'. the legal position after the amendment therefore is that it is only the 8 annas share of abdulla set out in the schedule in the assistant custodian's order dated the 28th january, 1950, ..... that under the original definition of evacuee property in s. 2(f) of the administration of evacuee property act (act xxxi of 1950) it meant 'any property in which any evacuee has any right or interest'. this definition has however since been amended and now evacuee property means 'any property of an evacuee' instead of 'any property in which an .....
Tag this Judgment!Court : Chennai
Decided on : Mar-20-1961
Reported in : AIR1962Mad96; [1962]44ITR66(Mad)
..... a certain period, subject to certain exemptions is taken for the purpose of fixing the rate. it is claimed that in just the same manner, the charging section in the indian act must be considered to bring to charge every gift, not the totality of the gifts. on a point of fact, however, even the acceptance of this argument would not alter ..... subsequently, gives ample support for the view, that it is only the totality of the gifts that has to be taken for the purposes of the act.section 18, as it stood prior to the amendment by act xiii of 1960, laid down that if a person made a taxable gift of the value of not less than rs. 10,000 and paid ..... entitled to a rebate at the time of assessment. the section in its old form fixed only three slabs for the purpose of the advance payment of tax. the subsequent amendment made it quite clear that even this advance payment was to be calculated on the basis of the rates specified in the schedule taking into account the totality of the .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-20-1961
Reported in : AIR1961P& H515; (1962)ILLJ526P& H
..... order of dismissal, the tribunal was not, in the circumstances of the present case, limited to the four grounds laid down by their lordships of the supreme court in indian iron and steel co., ltd., v. their workmen, 1958-1 lab lj 260: (air 1958 sc 130).it is conceded by the petitioners that they have not framed ..... ;(ii)-(x) * * * * * *' in shalimar rope works mazdoor union, howrahv. shalimar rope works ltd., 1953 lab ac 584,it was held by the labour appellate tribunalthat--'an act will be subversive of discipline even if standing order did not specifically mention it as misconduct, such as a fight in the factory between two workmen during working hours over ..... justify interference under the extraordinary powers conferred on this court by article 223 of the constitution of india. it is averred fcy them that the industrial tribunal has acted within jurisdiction and that the award given by the tribunal is correct in every respect.5. the case for the petitioners has been argued before me by mr. .....
Tag this Judgment!Court : Kolkata
Decided on : Mar-18-1961
Reported in : [1962]46ITR104(Cal)
..... ; that the act relates to recovery of public demands, which comes under item 43 of list iii (concurrent ..... .mr. mukherjee has urged that the public demands recovery act, 1913, though a bengal act (bengal act iii of 1913) was made with the previous sanction of the governor-general under section 5 of the indian councils act, 1892, and that when the act was amended in 1955 by west bengal act xv of 1955, the assent of the president was obtained ..... enacted after 26th january, 1950) far less would any amendment of the act which does not affect the operation of any other central act require the assent of the president. the sanction of the governor-general which had to be obtained under section 5 of the indian councils act, 1892, is nothing analogous to the assent of the .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-17-1961
Reported in : AIR1961P& H524; 1961CriLJ687
..... petition:(1) that proceedings in case f. i. r. no. 84, dated the 14th september, 1958, police station, chandi mandir, under section 19 of the indian arms act, pending in the court of shri b.d. thapar, magistrate first class, ambala, be quashed or alternatively it may be ordered to be tried by the sessions ..... guarantees; and, indeed, the facilities provided to the petitioner for approaching this court and arguing his case is proof positive of the legal position according to the indian republican jurisprudence.now, article 14 of the constitution to which the petitioner appealed in support of his prayer merely provides for equality before the law. in other ..... the court is empowered to pass an order of solitary confinement, this power is circumscribed by the limitations laid down by the legislature in section 73, indian penal code. but the jail authorities have transgressed all those limitations and have continuously been keeping the petitioner in solitary confinement in actual practice.6. this .....
Tag this Judgment!Court : Allahabad
Decided on : Mar-16-1961
Reported in : AIR1961All614
..... evidence they should believe and what evidence they should not believe. they can do so only by amending the indian evidence act and certain other relevant statutes. they can do so by modifying certain articles of the constitution, but' so long as the indian evidence act remains as it is, it is for the courts of law to determine when a fact can ..... be held to be proved. apart from this, we believe, that the legislature amended the code of criminal procedure only to speed up the committal proceedings and not ..... away the rights of the courts of law as to how they should interpret the words of the statute. so far the definition of the word 'proved' in the indian evidence act has not been changed by the legislature. the definition of 'proved' is 'a fact is said to be proved when after considering the matters before it the court .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-16-1961
Reported in : AIR1963AP314; 1963CriLJ121
..... this respect. proof that an article, which is traced to the possession of an accused, was stolen is a condition precedent for any presumption under section 114 of indian evidence act. when the victims of different dacoities made rival claims to a particular article, the natural inference is that no reliance can be placed on their identification. in such ..... of an enactment. as explained by baggallay, l. j. in attorney general v. great eastern rly. co. (1879) ii ch. d. 449 (461):'i never knew an amendment bet down or discussed upon the marginal notes to a clause. the house of commons never has anything to do with a marginal note'.lord macnaghten in the privy council ..... fall within a category of other documents or relevant extracts on which prosecution proposes to rely as provided by sub-section (4) of section 173 cr. p. c., amended. i therefore hold that it is the accused who can take a copy of this statement from the court.'his proceedings at a subsequent adjournment on 13-4-1956 .....
Tag this Judgment!Court : Himachal Pradesh
Decided on : Mar-16-1961
Reported in : AIR1962HP16
..... delay matters so much that the periods of limitation already prescribed in the limitation act are not long enough for the government or its agents, then the better course is to obtain amendment of the law through the legislature rather than to make an application to the court ..... provided by law is 'none too great' for the government there may be a case for the amendment of the law but so long as the law is not amended an appeal etc., has to be fifed within the prescribed period of limitation and an extension of ..... 's court reported in secretary of state v. gurmukhdas, air 1929 sind 211. the following observations were made in that ruling:-'the act makes no distinction between government and a private individual but it is obvious that in considering an application under section 5 a distinction must ..... orderc.b. capoor, j.c.1. this is an application under section 5 of the indian limitation act for condonation of delay in the preferment of miscellaneous first appeal no. 14 of 1960. applications .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-16-1961
Reported in : AIR1961SC1352; [1962]1SCR358
..... election to cases where the only right in existence is that determined by the judgment : and the only conflicting right is the statutory right to seek to set aside or amend that judgment : and that the true solution may be found in the words of lord blanesburgh in moore v. cunard steamship co. [28 b.w.c.c. 162 ..... . 1930 mad. 268.] and pearce v. chaplin [[1846] 9 q.b. 802 : 115 e.r. 1483.]. 3. the two english decisions just referred to and some of the indian decisions were considered in venkatarayudu v. chinna [a.i.r. 1930 mad. 268.]. dealing with them venkatasubba rao, j., observed as follows : 'what is the principle underlying these decisions ..... costs of the opposing party. there is no intention to benefit the latter, except on the terms mentioned in the order itself. if the party receives the costs, his act is tantamount to adopting the order................ according to halsbury this rule is an application of the doctrine 'that a person may not approbate and reprobate' (13 halsbury, para .....
Tag this Judgment!Court : Chennai
Decided on : Mar-14-1961
Reported in : AIR1962Mad347
..... extent to which the judicial committee held that a compromise decree taking in its fold even properties extraneous to the suit does not require registration, the amendment of 1929 introduced into the act has superseded its effect. but hemantakumari's case, 46 ind app 240: air 1919 pc 79, is still authority for the position that the ..... whether ex. a-2, the razinama decree in o. s. no. 137 of 1950 requires compulsory registration under the provisions of the indian registration act. clauses (a) to (e) to sec. 17(1) of the act provides for compulsory registration of certain kinds of documents and instruments. section 17(2), in so far as it is material, is ..... an alleged consideration of rs. 5000. his main defence to the suit was that the compromise decree required to be registered compulsorily under the provisions of the indian registration act, and not being registered was inadmissible in evidence, and that the plaintiff can have to relief granted to her on foot of tile compromise.(5) both the .....
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