Court : Supreme Court of India
Decided on : Oct-23-1961
Reported in : AIR1962SC458; [1962]Supp1SCR156
..... application in the present case. we have already held, for reasons earlier given, that the delhi state legislature had legislative competence or power either to amend the societies registration act, 1860 in respect of unincorporated societies, or to make a law for a particular unincorporated society, and even to create a new corporate body provided ..... and regulations as aforesaid, and subject to the provisions herein contained, to make laws and regulations for repealing, amending, or altering any laws or regulations whatever, now in force or thereafter to be in force the indian territories now under the dominion of her majesty, and to make laws and regulations for all persons, whether ..... majesty, chapter forty-one, to amend the same : or of any act enabling the secretary of state of council to raise money in the united kingdom for the government of india : or of the acts for punishing mutiny and desertion in her majesty's army or in her majesty's indian forces respectively; but subject to the .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Oct-23-1961
Reported in : AIR1962P& H190; [1962]32CompCas659(P& H)
..... behalf of the respondents is that the call of rs. 2/- was made on 28th february 1947, and the period of limitation prescribed under art. 112 of the indian limitation act is three years from the date when the call is payable. according to this contention the last date was 28th february, 1950. to this contention, the reply on ..... exercise the power of the court of making calls without the sanction of the court. the liquidator was under s. 212(1)(d) of indian companies act 1913, which corresponds to s. 512 of the present act-empowered to exercise that power without reference to the court. it was also observed that the liquidator might, under s. 216 (1)-corresponding ..... the contention of the learned counsel for the respondents is that the provisions of s. 457(2)(iv) as amended have been violated because this power was exercisable only with the sanction of the court. the law before the amendment in 1960 does not affect this application. i am not satisfied that any sanction of the court is required. .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-20-1961
Reported in : AIR1962SC663; [1962]44ITR442(SC); [1962]Supp1SCR143
..... the provisions of sections 22 and 23 have required from the deceased person'. 6. the scheme of the section, which was inserted by the second amendment act of 1933 and modified further by the amendment act of 1939 is as follows : sub-section (1) of s. 24b makes, inter alia the legal representative liable to pay out of the ..... legal representative cannot be treated as such and no penalty can either be imposed upon him or recovered. 4. we are concerned with the definition of 'assessee' before its amendment in 1953. that definition read as follows : 'assessee' means a person by whom income-tax is payable'. 5. the generality of this definition is sufficient to include ..... estate of deceased person to the extent to which the estate is capable of meeting the charge, the tax assessed as payable by such person or any tax which would have been payable by him under the act .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-16-1961
Reported in : AIR1962SC1288; [1962]Supp1SCR405
..... and power in relation to the erstwhile territory of talcher state; and that as soon as that happened, the constitution act of india then in force (government of india act 1935 as amended by the indian independence act) became applicable to the inhabitants of talcher also. that being so, they also became entitled to the benefit of s ..... merged the dominion of india within the meaning of s. 5 of the amended government of india act, 1935. under that section, the dominion of india comprised not only the provinces, called 'governors' provinces', or chief commissioners' provinces, but also 'the indian states acceding to the dominion of india in the manner hereinafter provided' (s ..... . 299(1) of the constitution act of 1935, which reads that 'no person shall be deprived of his property save .....
Tag this Judgment!Court : Mumbai
Decided on : Oct-12-1961
Reported in : AIR1962Bom254; (1962)64BOMLR213; [1962]45ITR223(Bom)
..... dying before assessment, that liability was inchoate only and crystallized into an enforceable liability for the first time on the passing of the amendment act. it is, therefore, not quite accurate to say that the amendment act merely deals with machinery; it does for the first time impose an enforceable liability. the principle which must always be applied in ..... as a part b state in the first schedule to the constitution of india 1950, which came into force on 26th january 1950. thereafter the indian finance act of 1950 amended the indian income-tax act in certain respects and made it applicable to the whole of india except the state of jammu and kashmir. in may 1950 the respondent was ..... of rajasthan in the year 1949-50. it is to be noticed that the assesse, whose income was being brought to tax, was alive on the date the indian finance act of 1950 was enacted. the question, which we have to consider, was not, therefore, the subject-matter of that decision.(14) mr. joshi read to us .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Oct-12-1961
Reported in : AIR1962P& H512; (1962)ILLJ577P& H
..... passing a fresh order of dismissal based on the original proceedings and paying the workman his wages up to the 5th of january 1959, the management merely made an amendment to the original order to the effect that he would be paid his salary upto the ist of december 1958, together with one month's wages as required by ..... been taken by a division bench of the bombay high court in premier automobiles ltd v. ramchandra bhimayya, air 1960 bom 390, and again by a division bench in indian extractions private ltd. v. a. v. vyas, air 1961 guj 22. the opposite view has been taken by a division bench of the rajasthan high court in associated ..... article 226 of the constitution which has been referred to a division bench because of certain difficulties arising out of the interpretation of section 33 of the industrial disputes act 1947. the section as a whole deals with the maintenance of the status quo during the pendency of conciliation proceedings or cases proceeding before labour courts and tribunals .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Oct-11-1961
Reported in : AIR1962P& H534
..... good deal of argument has been addressed to us on the first issue which is one of limitation. according to the appellant, it was article 36 of the indian limitation act, which prescribes a period of two years for bringing such suits from the date when the wrong was committed, which should have been applied instead of article 95 ..... the purpose is accomplished, be returned or otherwise disposed of according to the directions of the person delivering them'. as has been pointed out in pollock and mulla's indian contract act (8th edition), it was the late mr. justice story's work on bailment and agency, which had acquired a classical reputation, which had been largely used in ..... the appellant has sought to assall the theory of a bailment being created in such circumstances on the ground that the definition of bailment given in the indian contract act would not justify the view that a relationship of bailor and bailee comes into existence between persons who take on rent a locker in a safe deposit .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-10-1961
Reported in : AIR1962SC481; [1961(3)FLR473]; (1961)IILLJ632SC; [1962]Supp1SCR36
..... for the sundays from march 3, 1956 on the basis that the guaranteed minimum wage was the daily wage. 23. as has already been mentioned, rule 23 was amended in july 1960, i.e., long after the tribunal gave the award under appeal. we express no opinion as to what the position in law is, after this ..... contravention of rules or orders under section 13. section 22a provides for punishment with fine (which may extend to five hundred rupees) for contravention of any provision of the act or of any rule or order made thereunder if no other penalty is provided for such contravention. the minimum wages rules were made by the central government in exercise ..... is against an award of the central government industrial tribunal at calcutta in a dispute referred to that tribunal by the central government under s. 10 of the industrial disputes act - section 10 between the workmen of the bombay port trust, who are the appellants before us and the trustees of the port of bombay, the respondent in the appeal .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Oct-09-1961
Reported in : AIR1962P& H495
..... was so signed. (2) where the writing containing an acknowledgement is undated, oral evidence may be given of the time when it was signed; but, subject the provisions of the indian evidence act, i of 1872, oral evidence of its contents shall not be received. explanation i. * * * * explanation ii. for the purposes of this section 'signed' means signed either ..... air 1932 rang 88).(3) on principle i see no difference why the same rule should not apply to an acknowledgement. moreover the language of section 19 of the indian limitation act is very explicit. section 19 is in these terms:'19(1) where, before the expiration of the period prescribed for a suit or application in respect of any ..... -debtor. so also would be the case where a surety and a principal debtor are concerned.there is a catena of cases under s. 20 of the indian limitation act where part payment or payment of interest by the surety or by the principal debtor has been held to be nor enough to save limitation against the one .....
Tag this Judgment!Court : Rajasthan
Decided on : Oct-09-1961
Reported in : AIR1963Raj172
..... that it may reject it or return it to the academic council for reconsideration either in whole or in part, together with any amendments which the syndicate may suggest. thus the scheme of the act is to place the question of admission to the university or its examinations and courses of study etc., primarily under the control of ..... of the university of rajasthan. on these premises, the learned counsel has tried to suggest that there was only a misplacing of that resolution by incorporating it as an amendment to ordinance no. 252, whereas it should have found a place in chapter xxxviii of the' 'laws, statutes, ordinances, regulations and rules of the university.'the ..... . 252 of the university? the ordinance is to the following effect:'252. a candidate who, after taking the bachelor's degree of the university or of an indian university recognised for the purpose by the syndicate, with full course prescribed for the degree, has completed a regular course of study in an affiliated college for one .....
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