Court : Madhya Pradesh
Decided on : Oct-31-1961
Reported in : AIR1962MP276
..... by the learned judge that the decree which was a nullity and, therefore, inexecutable in an indian court did not change its legal character because of the provisions of article 261(3) of the constitution of india. the civil procedure code amendment act no. 2 of 1951, not being retrospective in effect, it was further held that such a ..... decree was not executable even after the coming into force of that act.7. the learned counsel contended that in arriving at his decision, in firm ..... decree which was a nullity when it was passed and, therefore, inexecutable in a foreign territory cannot on account of subsequent political events become executable, the amendments made in the provisions of section 43 of the code of civil procedure cannot furnish any ground for escape from that position.8. lastly the learned counsel .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Oct-31-1961
Reported in : AIR1963P& H145; 1963CriLJ456
..... cannot be imported while discussing sub-sections (3) and (4) of section 417 of criminal procedure code which has been substituted for the old section by the criminal procedure code (amendment act 26 of 1955). the only portion in the madras judgment which has any bearing on the point which is for consideration before us is where the learned chief ..... made by mst. kaushiya rani, gopal singh was committed to the court of session to stand his trial under section 493 or in trie alternative section 495, indian penal code, but he was acquitted by the learned additional sessions judge on 31st december 1959. by means of a petition dated 22nd april 1960 the complainant moved ..... decisions which prompted the legislature in the year 1922 to set the controversy at rest by amending section 29 ofthe limitation act, it was observed by him that the amendment was rendered necessary not because the word 'prescribed' in part 3 of the act did not mean prescribed by any law for the time being in force but because .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-31-1961
Reported in : AIR1963SC414; [1962]Supp(1)SCR282
..... purposes connected therewith. it does not sell electrical energy to any person. 3. under the provisions of the central provinces and berar electricity duty act, 1949 (no. 10 of 1949) as amended by the madhya pradesh taxation laws amendment act, 1956 (act no. 7 of 1956) the government of madhya pradesh levied upon the appellant electricity duty amounting to rs. 2,78,417/- for a ..... constitution is to the same effect. the argument of mr. sastri is that the word 'consumption' should be accorded the meaning which it had under the various act, including the indian electricity act, 1980. under that act and under the various provincial and state act, consumption of electricity mean, according to him, consumption by persons other than producers and that both in government of india .....
Tag this Judgment!Court : Gujarat
Decided on : Oct-31-1961
Reported in : AIR1962Guj128; (1962)0GLR269
..... court of gujarat. it is true that the high court of gujarat does exercise original jurisdiction in some matters, such as, a few matters arising under the indian companies act and under the banking laws. but, that jurisdiction is different from the jurisdiction which is exercised by the original side of the hgh court of bombay. ..... was also some provision made in section 3(2) for including certain villages in the songadh taluka of surat district and sagbara taluka of broach district. consequential amendments were also made in the first schedule to the constitution by section 4 for the purpose of showing under the heading 'the states' the states of gujarat ..... state immediately before the appointed day'. section 88 confers power upon appropriate governments to make such adaptations and modifications of law, whether by way of repeal or amendment, as may be necessary or expedient for the purpose of facilitating the application in relation to the two new states of any law made before 1st may 1960 .....
Tag this Judgment!Court : Chennai
Decided on : Oct-26-1961
Reported in : AIR1963Mad50
..... the decision of the privy council in . thus in which may be referred to first being the most authoritative decision, in upholding contention that the hindu law of inheritance (amendment) act, 1929 applied notwithstanding the death of the last male owner in 1922, it was observed : 'the succession does not open to the heirs of the husband until the ..... or spes successionis, but this possibility is common to them all for it cannot be predicated who would be the nearest reversioner at the time of her death. the indian law, however, permits the institution of suits in the lifetime of the female owner to remove a common apprehended injury to the interests of all the reversioners, presumptive ..... all the reversioners, and not on the footing that the person taking the action is in fact the next reversioner at the date of the suit. the decisions of indian high courts, on which the high court had relied on this case, proceed on these principles and cover the precise point raised in this appeal.' 58. the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-26-1961
Reported in : AIR1962SC633; [1962]Supp1SCR206
..... the alienations by the trustees in favour of the near-relatives of one of the trustees would be bad for this reason. besides, under s. 47 of the indian trusts act a trustee cannot delegate his office or any of his duties either to a co-trustee or to a stranger, unless the instrument of trust so provides, or the ..... v, schedule ii and schedule i respectively'. the word 'net profit' was used in the place of 'mesne profits' originally introduced in the order. when this application for amendment was argued before the high court the defendants pleaded that the use of the words 'mesne profits' was proper and should not be changed. it was urged on their behalf ..... have come to this court as appellants on november 26, 1954, and the appeals were admitted on december 4, 1955, whereas the amendment has been made after the appeals were admitted. the application for the amendment in question was made under sections 151 and 152 of the code; and it became necessary because the decretal order drawn in the .....
Tag this Judgment!Court : Chennai
Decided on : Oct-26-1961
Reported in : (1962)2MLJ464
..... very it decisions relied upon by the learned counsel for the appellant on the construction of the words ' dying intestate ' which occurred in the hindu law of inheritance (amendment) act, 1929 had in fact proceeded on this principle. there was no difference of opinion on that point. the legislature must be presumed to have had knowledge of the state ..... spes successions, but this possibility is common to them all, for it cannot be predicated who would be the nearest reversioner at the time of her death. the indian law, however, permits the institution of suits in the lifetime of the female owner to remove a common apprehended injury to the interests of all the reversioners, presumptive ..... the reversioners, and not on the footing that the person taking the action is in fact the next reversioner at the date of the suit. the decisions of indian high courts, on which the high court had relied in this case, proceed on these principles and cover the precise point raised in this appeal.52. the same .....
Tag this Judgment!Court : Mumbai
Decided on : Oct-24-1961
Reported in : (1962)64BOMLR287
..... for the above purposes and, therefore, the bye-laws were framed, for the first time under the provisions of section 179(1)(1) of the municipalities act in 1944. there were subsequent amendments in 1945 and 1951. the appellant-committee's case is that the power to insist on the licence being taken for the use of the river water by ..... quantity of water which is likely to be taken per year shall be determined by the committee possibly in advance for every year. there were subsequent amendments to these rules in 1912. by the amended rules, rule 3 required a licence to be issued on payment of a fee to be fixed by the committee and this licence fee was to ..... authorities, their lordships observed as follows in para. 19:that the word 'vest' is a word of variable import is shown by provisions of indian statutes also. for example, s, 56 of the provincial insolvency act (5 of 1920) empowers the court at the time of the making of the order of adjudication or thereafter to appoint a receiver for the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Oct-24-1961
Reported in : [1962]46ITR755(AP)
..... firm is computed, the registration has a material bearing on the question of determination of the tax payable and the demand for the tax. prior to the amendments made under the finance act of 1956, where the firm was unregistered the demand or levy was made on the firm itself, but where it was registered the firm itself did not ..... the firm was registered the tax would be collected from the partners individually, while if it was unregistered the tax would be collected from the firm itself. after the amendment of 1956, the only difference is that the rates applicable to income from a registered firm have been reduced and in respect of an unregistered firm assessed as a ..... and have been consequently heard together at the request of the learned advocates for the parties. both these cases have been referred under section 66(1) of the indian income-tax act. in case no. 7 of 1960 the question referred is whether the assessees share of loss of rs. 17,853 relating to the joint venture business in sailu .....
Tag this Judgment!Court : Rajasthan
Decided on : Oct-24-1961
Reported in : AIR1962Raj258
..... . 10 of 1897), which provides that a power to issue notifications, orders, rules, or bye-laws under the act or regulation includes a power exercisable in the like manner and subject to the like sanction and conditions to add to, amend, vary or rescind any notifications, orders rules or bye-laws so issued. wanchoo, c.j. who delivered the judgment of ..... was no diminution of the accrued benefits, and in this view of the matter held that the provisions of article 311 of the constitution or of rule 55 of the indian civil services (classification, control and appeal) rules would not be attracted into application.12a. it may be noted, however, that the rules which were in force in 1958 with ..... rules of 1958 on which the decision of this court in gangaram's case, ilr (1961) 11 raj 371 (supra) was based as well as from rule 55 of the indian civil services rules which have been referred to in shyamlal's case, air 1954 sc 369, (supra) and under rule 15(vi) of these rules, it appears that compulsory .....
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