Court : Supreme Court of India
Decided on : Oct-06-1961
Reported in : AIR1962SC579; (1962)64BOMLR260; [1962]Supp1SCR15
..... it affects the consumption or use of such medicinal and toilet preparations containing alcohol.' the bombay legislature thereafter enacted act 26 of 1952 which by s. 7 added s. 24a, which as subsequently amended reads as follows :- 'nothing in this chapter shall be deemed to apply to - (1) any toilet preparation ..... any other intoxicating substance which the state government may, by notification in the official gazette, declare to be liquor for the purpose of the bombay prohibition act. section 2(22) defines 'intoxicant' as meaning any liquor, intoxicating drug, opium or any other substance, which the state government may, by notification ..... delirious fever and cholera, did not contain genuine mrugmadasav but contained intoxicating liquor, import, transportation and possession whereof without a permit or licence under the bombay prohibition act were prohibited. h. p. parikh, assistant chemist, drugs & excise laboratory, baroda, stated that on analysis, the samples were found to contain 75.55 .....
Tag this Judgment!Court : Chennai
Decided on : Oct-06-1961
Reported in : AIR1962Mad458
..... be according to english law, where there is no such revision procedure as in india, their lordships see no reason for narrowing the express words of the indian act. certiorari according to english rule is only to be granted where no other suitable remedy exists. if the order of the magistrate were a judicial order, ..... such courts or magistrates as the case may require and to punish any contempt thereof, or wilful disobedience thereunto, by fine and imprisonment.'there was an amended letters patent in 1853 and then the letters patent of 1862 constituting the high court of judicature for the presidency of madras. clause 11 of this letters ..... europeans appeared as a blessing compared with the justice of the supreme court.'the english parliament remedied the situation quite promptly and efficaciously by amending the charter in 1781. by the amendment the jurisdiction of the supreme court was confined to the presidency town of calcutta. sadar diwani adalath and sadar nizamath adalath were recognised .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Oct-05-1961
Reported in : AIR1962MP280; 1962MPLJ281
..... of which would have enabled an assessee to demand a reference, was held to be not affected by an amendment of the madhya bharat sales tax act, 1950, which freshly imposed payment of the entire assessed tax as a pre-condition for filing a revision. speaking about review, the judicial committee stated in ..... p. v. dharamchand, air 1924 nag 24, the right to demand a reference, which had already accrued, was held not to have been impliedly taken away by the indian income-tax act xi of 1922. in k. s. nazar ah mills ltd. v. commissioner of sales tax, air 1958 madh pra 282, the pre-existing right of revision, the exercise ..... chhajju ram v. ncki 49 ind app 144 : (air 1922 pc 112) that ''the right is the creation of indian statute-law'.it was furtner pointed out .....
Tag this Judgment!Court : Kolkata
Decided on : Oct-04-1961
Reported in : AIR1962Cal203,66CWN577
..... aforesaid question him generally.' the mandatory provision introduced for the first time in act x of 1882 retained its shape in act v of 1898 and has not been affected by amending acts of 1923 and 1955.106. this history clearly indicates to my mind that the indian legislature up to 1933 was gradually enlarging the field of exercise of power ..... , direct the personal attendance of such accused'.it may be mentioned that sub-section (1) of section 540-a in the above quoted form was introduced by the amending act of 1955. when section 540-a was first introduced into the code in 1923, the terms of sub-section (1) were more limited, and gave discretion to ..... power. this the court has been enabled to do 'without previously warning the accused.' same structure of section 342 has been retained by indian parliament although large amendments in other parts of the code were carried out by act 26 of 1955, for the avowed purpose of speeding up trials in inquiries and for that purpose section 540a was .....
Tag this Judgment!Court : Kolkata
Decided on : Oct-04-1961
Reported in : AIR1962Cal135,66CWN697
..... that at the most the magistrate can at that stage look to only those papers which have been mentioned in section 173(4) added by the amendment of act 26 of 1955 cannot also be accepted because the documents mentioned in section 173(4) operate only at the stage of commencement of the enquiry or ..... 11-1960 : air1962cal133 , decided on 22nd november, 1960, the police after investigation had submitted a charge sheet against eight accused persons under certain sections of the indian penal code. the informant filed the petition stabing that there was prima facie case against some others. it was held that the magistrate was entitled to summon additional ..... petent to investigate'. test identification parades (including statements) take place under orders of the magistrate in accordance with the provisions read with section 9 of the indian evidence act. relevant statements or confessions are recorded tinder section 164 of the code. all these may take place in the course of any investigation or at any .....
Tag this Judgment!Court : Mumbai
Decided on : Oct-04-1961
Reported in : AIR1962Bom260; (1962)64BOMLR135; [1962(4)FLR294]; (1962)ILLJ464Bom
..... the said amendment became effective only from 1st april 1958, and that when the said demands which ultimately resulted in ..... of the work ' wages' in section 2(vi) of the payment of wages act did not include any remuneration to which the person employed was entitled to in respect of overtime work, but that the said definition was amended by the payment of wages (amendment ) act, 1957, so as to include in 'wages' payment for overtime work, that ..... of the petitioner as also of the other employees of the second respondent working in the factory of the second respondents are governed by the indian factories act, 1948, under the factories act the ordinary working hours at all relevant times were nine hours per day and forty-eight hours per week. the petitioner and the other .....
Tag this Judgment!Court : Karnataka
Decided on : Oct-04-1961
Reported in : AIR1962Kant192; AIR1962Mys192
..... enacted to provide for the levy and collection of duties of excise on medicinal and toilet preparations containing alcohol, opium. indian hemp or other narcotic drugs narcotio. that act was extended to the whole of india, section 2 (c) defined 'dutiable goods'. that definition reads'dutiable goods' means the medicinal and toilet preparations ..... provisions of article 372 of the constitution to operate in the state of mysore untill altered or repealed or amended by a competent legislature or other competent authority. that law not having been either repealed or altered or amended by any competent legislature or competent authority till now, continues to be in force in the new state ..... of mysore. unless it could be said that it stood repealed by the 21st section of the central act.(21) section 21 of the central act repeals only those laws in force .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-29-1961
Reported in : AIR1966SC1939; (1962)64BOMLR256; [1962]3SCR928
..... the section originally stood the words 'but subject to any contract to the contrary' were not there. when the amending act of 1959 introduced these words the amendment further provided that these words shall be deemed always to have been there. even after the amendment, it remains unlawful, where there is no contract to the contrary, for any tenant of premises to sublet the ..... could not have intended land which is let for the construction of buildings for residence to be within the phrase 'premises let for residence'. section 15 of the act after its amendment by bombay act 49 of 1959 reads thus :- 'notwithstanding anything contained in any law, but subject to any contract to the contrary, it shall not be lawful, after coming into operation .....
Tag this Judgment!Court : Allahabad
Decided on : Sep-29-1961
Reported in : AIR1963All18; 1963CriLJ28a
..... 11, 1960 made by the state government under clause (c) sub-section (2) of section 3 of the foreigners act, 1946 (no. xxxi of 1946) as amended by the foreigners laws (amendment) act, 1957 (no. 11 of 1957) (hereinafter referred to as the act.) this order was duly served on him and a report to that effect was made by the officer concerned on ..... respondent was a pakistani citizen and that his parents being originally residents of that part of the country which formed part of undivided india, he continued io be an indian national inasmuch as when he left the country he was a minor and as such incapable of acquiring citizenship of a foreign country. it is no doubt true that ..... of the order of the state government. the respondent examined himself under section 342-a, cr. p. c. as a defence-witness and stated that he was an indian citizen and not a pakistani national. he deposed that he had made a false declaration in the application for passport and the visa that he was a pakistani national and .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-29-1961
Reported in : AIR1962SC386; [1962]3SCR936
..... any further licences would be superfluous. ' in the result the petitioner was refused licence for the year 1961. thereafter, the petitioner under orders obtained from this court amended his petition and now seeks to challenge the order of april 11, 1961. the respondents to this petition are the state of assam and some of its officers ..... writ petition no. 303 of 1960). thereafter, certain proceedings took place in this court to which we have earlier referred in the first paragraph of this judgment. the amended writ petition as it now stands is directed against the order of the licensing authority dated april 11, 1961, by which it rejected the application of the petitioner ..... out of which the petition has arisen. the petitioner states that he is an indian citizen carrying on a business dealing in rice and paddy in the district of kamrup in the state of assam. in 1955 was enacted the essential commodities act, 1955 (act 10 of 1955). in exercise of the powers conferred by section 3 of the .....
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