Court : Karnataka
Decided on : Feb-03-1961
Reported in : AIR1961Kant197; AIR1961Mys197
..... disposal according to law, and for the determination of the question whether the defendant was an agriculturist, by the application of the amended definition, of an agriculturist contained in the act, after its amendment by mysore act no. xiii of 1953. the direction given by this court in that revision petition reads:'the finding is accordingly set aside and ..... a suit is brought by a plaintiff, on the footing that the defendant is an agriculturist, claiming the larger period of limitation prescribed by section 24 of the act, and the court records a finding that the defendant is not an agriculturist, and therefore, dismisses the suit, if the finding on which the dismissal o the ..... was an agriculturist, and this allegation he made, for the purpose of obtaining the benefit of the larger period of limitation, prescribed by section 24 of the act.from that finding of the court below, the plaintiff presented a revision petition to this court, and this court set aside the finding of the court below .....
Tag this Judgment!Court : Kolkata
Decided on : Feb-03-1961
Reported in : AIR1961Cal365
..... . in that case what fell to be considered was the constitutionality of sec. 15(2)(b) of the criminal law amendment act (1908), as amended in madras by the criminal law amendment (madras) act, 1950. by this law, as amended, the state government could, by notification in the official gazette, declare any association of persons to be unlawful on grounds mentioned ..... publication dated august 18, 1960 and in the succeeding week. it is clear, therefore, that the central government, in confirming the proposal, has altered and/or amended the proposal. two other alterations have been brought to my notice. one is in clause (iii), but this is a mere alteration or omission of words, ..... law should be framed by the fort commissioners and confirmed by the central government. the confirming -authority can either confirm or reject. it cannot alter or amend the proposal. since the proposal made by the port commissioners has been published in the official gazette as also the bye-law upon confirmation, one must .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-02-1961
Reported in : AIR1961SC908; [1961]3SCR676
..... case was made by the state government under s. 8(1)(b) of the act of 1953. we have already noticed that the provisions of s. 8(3) of this act were included by an amendment in the earlier act of 1948 by the amending act of 1951. 5. before the arbitrator the acquisition proceedings were dealt with in four different ..... to the requisitioning and acquisition of immovable properties in punjab. the equitable principle which was inserted in the act of 1948 by the amending act of 1951 has been retained in the present act under s. 8(3). section 23(1) of this act validates requisitions and acquisitions of properties there specified, while sub-s. (2) of the said section ..... s. 32 of the land acquisition act of 1894 has in effect been added by this amending act. 4. in 1953 the punjab requisitioning and acquisition of immovable property act, 1953 (xi of 1953), came into force. section 24 of this act repeals the to earlier acts of 1948 and 1951, and after this act came into force it was the provisions .....
Tag this Judgment!Court : Chennai
Decided on : Feb-01-1961
Reported in : AIR1962Mad240
..... licence."it is apparent from the above that the parties intended to carry on the business after getting the licence suitably amended in accordance with the central excise and salt act, 1944.(2) the firm was duly registered under the indian partnership act. the appellant claims to have advanced on various dates a sum of rs. 10,000 to the respondent in pursuance of ..... co v. ltd., 1943-2 mad lj 369 : (air 1943 pc 34), sir george rankin in delivering the judgment of the privy council analysed the various provisions of the indian contract act, and held that money received by a party to a contract in part discharge of the consideration due or to become due, though applied for defraying the expenses of carrying .....
Tag this Judgment!Court : Kerala
Decided on : Feb-01-1961
Reported in : (1961)IILLJ486Ker
..... evidence produced by the defence and the accused shall not be entitled to an adjournment on this ground. 68. section 19 gives power to the commissioner to amend the articles of charge. power is also given to adjourn the inquiry from time to time. 69. section 20 enjoins the commissioner, after the close of ..... in exercise of any specific statutory powers or administrative rules. 109. after making the above observations, his lordship considers the position of the members of the indian civil service and ultimately holds: but the guarantee being one of an enquiry directed under one of two alternative powers, the exercise of authority under one of ..... the government is invested with authority to direct an enquiry in one of two alternative modes and by directing an enquiry under the, public servants (inquiries) act, which act, it is submitted, contains more stringent provisions when against another public servant similarly circumstanced an enquiry under rule 55 may be directed. article 14 of the .....
Tag this Judgment!Court : Karnataka
Decided on : Jan-31-1961
Reported in : AIR1962Kant25; AIR1962Mys25; ILR1961KAR450; (1961)IILLJ583Kant
..... trade union to inaugurate on behalf of its members with the employee under section 28.f sought to be introduced into the indian trade unions act of 1906 by the amending act of 1947 (which amending act is not yet brought into force), and the position industrial law by virtue of which it can by responding the cause of ..... employee s raise an industrial dispute or represent the employees before tribunals or authorities under the industrial disputes act, payment of wages act or similar legislative enactment. these ..... argument in support of the maintainability of the proposed petition is that the government press employees as is a trade union registered under the indian trade unions, act of 1928 to protect the interests of rs. members with regard to service conditions and their emoluments and that, according to section 13 of that .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-31-1961
Reported in : AIR1961SC993; (1961)63BOMLR619; [1961]31CompCas185(SC); [1961]3SCR652
..... certificate issued by the bombay high court raises for our decision a short and interesting question about the scope and effect of the provisions contained in s. 89 of the indian companies act, 1913 - section 89, in relation to the law of banking. this question arises in this way. the appellant, the oriol industries, ltd. (hereafter called the company) was ..... the bank. it appears that the resolution for winding up of the company was held by the court to be null and void, and so the plaint was subsequently amended whereby the name of the liquidator was struck out and the suit then purported to be one which was instituted by the company itself. the plea raised by the ..... urged that in coming to the conclusion that the company's claim was unsustainable the appeal court has misjudged the effect of the provisions of s. 89 of the indian companies act in relation to the conduct of the bank in the present case. that is how the principal question which falls for our decision is about the scope and .....
Tag this Judgment!Court : Kerala
Decided on : Jan-30-1961
Reported in : AIR1962Ker21
..... to be actionable, can only give rise to damages against that defendant. even then to support such a claim, different averments would be necessary, and permission to amend the plaint cannot now be given because the claim has now become barred.in any case, there is no sufficient evidence to show ext. a having been proved ..... failure to comply with such a collateral agreement would justify the appellant being given damages. he has also argued that the appellant should be given an opportunity to amend the plaint and sue on the collateral security contained in the letter by the 2nd defendant. the position 'taken up by the respondent's learned advocate is ..... the excise rules of the state to be void. we feel that section 24 of the cochin contract act being similar to section 23 of the indian contract act, there was no necessityto expressly provide that contracts in contravention of the abkari act would be void. agreements calculated to defeat the object of any enactment would be void, and therefore .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-27-1961
Reported in : AIR1961P& H503
..... the state, formed the judgment in this case and the time spent in obtaining copies thereof would be excluded in computing the period of limitation under section 12 of the indian limitation act. in this view of the matter, it is not necessary to deal with the application dated 4th september, 1954, under section 5 of the ..... indian limitation act filed by the appellants.4. the second preliminary objection raised by the learned counsel for the respondent is that santa applicant in the court below had died on 28th march, ..... division bench authority of the calcutta high court in dinendra narain roy v. titu ram, ilr 30 cal 801, which held -'in apportioning compensation money, awarded under the land acquisition act, between the landlord and the tenure-holder, the court ought to proceed on the principle of ascertaining what the value of the interest of the landlord is on the one .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-27-1961
Reported in : AIR1962SC29; [1961(2)FLR586]; (1961)IILLJ77SC; [1961]3SCR592
..... 1952, did not state that the salt works did not come within the definition of the word 'factory' and simply stated that the provisions of the indian factories act were considered redundant for which their bombay salt association had already made a suitable representation to the government of india. it was for the first time, ..... the word 'factory' in this act reads : 'the word 'factory' notwithstanding any provisions or exemption in the factory act shall be taken to mean all buildings and premises ..... mill of factory. the other subsequent acts simply extended the scope of the factory act of 1833. the act of 1844 was to amend the law relating to labour in factories and provided by s. lxxiii that 'the factory act as amended by this act and this act' would be construed together as one act. the relevant portion of the definition of .....
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