Court : Supreme Court of India
Decided on : Dec-11-1961
Reported in : AIR1962SC1006; [1962]Supp2SCR1
..... the constitution of the united states of america the unconstitutionality of a retrospective tax is rested on what has been termed 'the vague contours of the 5th amendment.' whereas under the indian constitution that grounds on which infraction of the rights a property is to be tested not by the flexible rule of 'due process' but on the ..... the financial proposals of the government of india for the fiscal year beginning the 1st of april 1951. clause 7 of the bill made provision for the amendment of the central excise act (act 1 of 1944) by way of alteration of duties on 'tobacco manufactured and unmanufactured.' in particular, it provided that 'unmanufactured tobacco other than flue- ..... certificates in regard to the tobacco moved out from their warehouses from and after march 1, 1951. bill 13 of 1951 was passed into law as the indian finance act 1951 (act xxiii of 1951 on april 28, 1951 but as passed, changes were effected in the duty proposed in the bill, as a result of certain alterations .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Dec-11-1961
Reported in : AIR1962P& H277; [1962]32CompCas1022(P& H)
..... always rectify the register if they discover any patent mistake therein. the power of the court to rectify a register is defined in section 155 of the companies act and it cannot be disputed that no rectification could have been made within notice being issued to the first respondent. mr. khanna has canvassed the proposition that the ..... 37 of the article of association, the learned counsel argues that the shares in favour of the first respondent could never have been transferred by the company, the act being ultra vires altogether. it is not denied that the company itself had made the registration and had taken the first respondent as a director on 27th of ..... the company is transacting business in accordance with its articles. it is only an ultra vires act which can still be challenged although the directors have given their assent to it.(10) a similar point arose in a madras case in damodara reddi v. indian national agencies, ltd., air 1946 mad 35, where a company consisting of six members, .....
Tag this Judgment!Court : Rajasthan
Decided on : Dec-08-1961
Reported in : AIR1962Raj218
..... the territories of the existing state of ajmer.it also deserves to be pointed out here that after the states reorganisation act had received the assent of the president on the 31st august, 1956, the constitution (seventh amendment) act, 1956, had been brought into force on the 1st day of november, 1956, which was also the appointed day ..... under the states reorganisation act, 1956, and by section 2 of this act for the first schedule to the constitution as amended by the states reorganisation act, 1956, and the bihar and west ..... have any application in the case of a central act which was in force throughout the indian union, as the act with which we are concerned was.we may also point out that before the 1st november, 1956, both the pre-existing states of ajmer and rajasthan had amended the schedule so as to incorporate in part i .....
Tag this Judgment!Court : Kerala
Decided on : Dec-07-1961
Reported in : AIR1962Ker220; (1962)IILLJ169Ker
..... save with the express permission in writing of the conciliation officer, board or tribunal as the case may be.' 20. section 33, as it now stands, was incorporated by the amendment act 36 of 1956 and is as follows :'33. conditions of service etc. to remain unchanged under certain circumstances during pendency of proceedings : -- (1) during the pendency of any ..... 3 decisions which have a bearing on this matter namely, a decision of the bombay high court in air 1960 bom 390; the decision of the gujarat high court in indian extractions private ltd. v. a. v. vyas, air 1961 gujarat 22; and of the rajasthan high court in 1959-2 lab lj 810.53. no doubt, the ..... t. officer, air 1961 sc 372, where their lordships had to consider the scope of section 34 of the indian income-tax act. no doubt, the expression 'unless' occurs in the proviso to section 34(1) of the income-tax act. having regard to the general scheme of that section, their lordships held that to confer jurisdiction under the said section .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-06-1961
Reported in : AIR1962SC742
..... basis that on may 14, 1947 when the appellant was enrolled as an advocate in the chief court of sind he was an advocate for the purposes of the indian bar councils act and so was entitled as of right to practise in any subordinate courts in what then was british india. the question is whether this right continued to exist after ..... thus any person whose name was entered on the roll of the chief court of sind ceased to be an advocate for the purpose of section 14 of the indian bar councils act, 1926, and therefore ceased to have the right under that section to practise in courts in india. 7. there can be no doubt whatsoever that in making this ..... is necessary to examine first the scheme of that act. this act was passed to pro vide for the constitution and incorporation of bar councils for certain courts in british india, to confer powers and impose duties on such bar councils and to amend the law relating to legal practitioners entitled to practise in the courts. it extended to the whole of .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Dec-06-1961
Reported in : AIR1962P& H423
..... the fact of the record. this point was, however, taken in the grounds of revision.(8) the respondents' counsel also drew my attention to section 65 of the indian contract act which lays down that 'when an agreement is discovered to be void, or when a contract becomes void, any person who has received any advantage under such agreement or ..... having been made in the interest of the public. it must therefore be held that as the contract was not in the form required by the government of india act, 1935, it could not be enforced at the instance of the appellant and therefore the dominion of india could not be sued by the appellant for compensation for breach ..... d/- 24-7-1961: (air 1962 sc 113).(4) this respondents' counsel, on the other hand submitted that the provisions of section 175(3) of the government of india act, 1935, are only directory and not mandatory.(5) this point was discussed in the above mentioned ruling of the supreme court in the unreported case, and after considering all the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-05-1961
Reported in : AIR1962SC723; [1962]Supp1SCR829
..... it must be deemed to have been in the constitution from the very beginning, i.e., january 26, 1950. the article was further amended by the constitution (fourth amendment) act, 1955 which was also made retrospective and therefore art. 31a as it stands today must be deemed to have been part of the constitution ..... cultivation involved heavy capital outlay in establishing, maintaining and protecting the arecanut trees. this recommendation of the sub-committee came up for consideration before the indian central arecanut committee on january 23, 1958, and was accepted. thus these proceedings show that fixation of ceiling on arecanut gardens would hamper production which ..... for his reason underplanting is taken up periodically. it appears further from the proceedings of the ninth annual general special and twelfth ordinary meetings of the indian central arecanut committee held on january 23, 1958, that the question whether arecanut gardens should be put under ceiling or not and whether there would .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-05-1961
Reported in : AIR1962SC694; [1962]Supp1SCR753
..... state of bombay [1959] supp. 1 s.c.r. 489 the constitutional validity of the bombay tenancy and agricultural lands (amendment) act 1956 (bombay act xiii of 1956) amending the bombay tenancy and agricultural lands act, 1948 (bombay act lxvii of 1948), was considered by this court. section 2(5) of the bombay land revenue code, 1879, had ..... government by being granted ryotwari pattas in respect of their former holdings. there was similar legislation in bihar - bihar act 1 of 1950, as also in some of the other states of the indian union. the validity of the several pieces of legislation was challenged in the respective high courts principally on the ..... proprietor, sub-proprietor, under-proprietor tenure-holder or other intermediary and any rights or privileges in respect of land revenue.' 65. in addition the first constitution amendment act also enacted by its s. 5 a further provision - art. 31b expressly validating the several enactments of the various states which were than under challenge .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Dec-05-1961
Reported in : AIR1962P& H360
..... tons vide shipping bill dated 11-9-1952. the price which had to be paid to the petitioner-firm was fixed at 28 dollors per dry ton inclusive of indian export duty. since the qualify of manganese ore is variable, it was stipulated that a certain minimum percentage of manganese ore certain minimum percentage of manganese ore must form ..... us. (2) the facts briefly are as follows: the petitioner-firm entered into an agreement with a firm in the united states of america for supplying 75,000 tons of indian manganese ore during the period september, 1952, to march, 1958. in performance of this contract a number of shipments were made by the petitioner firm. civil writ petition no ..... it appears that in the commodity shipped there is a certain amount of moisture which evaporates after a time. the indian export duty is 15 per cent to be computed in accordance with section 30 or 31 of the sea customs act (act no. 8 of 1878). the shippers have to declare the value at port of the commodity shipped and the .....
Tag this Judgment!Court : Karnataka
Decided on : Dec-04-1961
Reported in : AIR1962Kant135; AIR1962Mys135; ILR1962KAR257
..... by post in a letter addressed to that person at his usual or last known place of abode or business in india and registered under chapter vi of the indian post office act, 1898'. admittedly, in the instant case, no written notice of making the ward had been given to the parties to the reference. all that is said is that ..... . therefore, it is necessary to create a machinery to resolve that disagreement unless the parties insist on some other course. the time limit was evidently fixed in the present act for two reasons. firstly, it must have been thought desirable that the arbitrators should appoint an umpire even before there was any disagreement between them; once they begin to ..... hegde, j. (1) this appeal arises out of proceeding under s. 14(2) of the indian arbitration act to be referred to as the 'act' hereinafter. the parties to this appeal are relations. the appellant as the plaintiff instituted special civil suit no. 29 of 1954 in the court of learned civil judge, senior division .....
Tag this Judgment!