Court : Chennai
Decided on : Dec-13-1961
Reported in : AIR1962Mad290; [1962]13STC371(Mad)
..... , there shall be deducted the following amounts from the aggregate of sales prices................(a).............(b)...........'the subsequent form of amendment of rule 11 (2) is not material for the consideration of the present question. what has now to be examined is whether the rule provides for the manner in ..... incidents in relation to which the central government is empowered to make rules under sec. 13(1)(b) of the act subrule 11(2) was framed and inserted by s. r. o amended by g. s. r dated 23-9-1958. before its amendment, rule 11 (2) read thus :'in determining the turnover of a dealer for the purpose of sec. 8 ..... the determination of the turnover, which is in so far as the central sales-tax act is concerned is required to be determined only under the central act and the rules framed thereunder.(13) learned counsel had made reference to s. 40 of the indian income-tax act, where when the guardian or trustee of a minor, lunatic or idiot is in .....
Tag this Judgment!Court : Kolkata
Decided on : May-31-1961
Reported in : AIR1961Cal545,65CWN920
..... manner.8. in the first place, reference is made to the statement of the objects and reasons of the high court judges (conditions of service) act 1954 and its amending act 48 of 1958 which received the president's assent on 17th december, 1958, and was published in the gazette of india on the following day. this ..... performed by officers and servants of the high courts during such vacation. it is time that some respect and recognition are accorded to the basic principle of the indian constitution that it is not a unitary and centralised government or india but a division of powers and functions and only such central control as the constitution has ..... . on or about 17th december, 1958 parliament passed the high court judges' (conditions of service) amendment act, 1958 being act no. 46 of 1958. by section 7 of that act, section 23a was introduced into the high court judges (conditions of service) act, 1954. the relevant part of section 23a runs as follows:--'23a(1). every high court shall .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jul-27-1961
Reported in : AIR1963AP328
..... in the execution proceedings.20. it was stated before us by the learned government pleader that by reason of the land acquisition (madras amendment) act, 1953, which received the assent of the president on the 29th june 1953, and which was published in the fort st. george ..... land in the present case was admittedly taken after the date of the coming into force of the amendment act. therefore the claimant is entitled to interest not at the rate of 6 per cent but at the rate of 4 per ..... 1953 interest on the compensation amount which was formerly statutorily fixed at 6 per cent, was reduced to 4 per cent. this amendment came into force on the date of its publication in the official gazette viz., 8-7-1953. the possession of the acquired ..... use to which it is being put at the time at which its value has to be determined (that time under the indian act being the date of the notification under section 4(1)), but also by reference to the uses to which it is reasonably .....
Tag this Judgment!Court : Allahabad
Decided on : Dec-26-1961
Reported in : AIR1962All521
..... in the case of bhikaji narain : [1955]2scr589 the impugned law was a pre-constitutional law. it was an amendment act of 1947 amend, ing the provisions of the motor vehicles act, 1939. their lordships observed that the amending act was on the date of its passing a perfectly valid piece of legislation. it was an existing lay at the ..... rights in force at any time and includes share in, or of an estate'. explanation : the act, rule on order referred to in this clause shall include, act, rule, regulation or order made or promulgated by the erstwhile indian states whose territories were merged or absorbed in the state of uttar pradesh prior to the date ..... of vesting notified under section 4 of this act.' the primary requirement under the definition, therefore, is that .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Sep-08-1961
Reported in : AIR1962P& H239
..... movable and immovable (including claims due to him) which are not liable to attachment either under the code of civil procedure 1908 (act v of 1908), as amended by section 31 of the act or under any other law for the time being in force a specification of the values thereof and of the places where the same ..... applications and applications dismissed under order ix, rule 3 of the code. of course, the bar of limitation would operate by virtue of the provisions of the indian limitation act, but that has nothing to do with the maintainability of the application. therefore, in view of the clear provisions of the code which do apply to all ..... further application for the same purpose shall lie.'section 53 makes the indian limitation act applicable and is in these terms:'53. subject to the other provisions contained in this act, the indian limitation act, 1908 (ix of 1908), shall apply to the institution of any proceeding under this act, and, for the purpose of determining and computing the period of .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-27-1961
Reported in : AIR1961SC1790; [1962]2SCR441
..... ii) that the application dated september 20, 1952, was a fresh application for execution and as it was filed over 12 years after the date of the amended decree it was barred by time. the high court repelled both these contentions, and held that execution could proceed against the bhumidari rights created in favour of ..... we are not concerned. in 1934, the u.p. agriculturists' relief act was passed and thereupon an application was made by the judgment-debtor for the amendment of the decree under that act. on october 19, 1936, the decree was amended under the provisions of that act and thereafter the pending execution proceedings were dropped as instalments had been fixed ..... it was also prayed that the judgment-debtor's proprietary rights in grove land and sir and khudkashat land had been continued under s. 18 of the act and these constituted substituted security in place of the proprietary rights mortgaged with the respondent and they should also be sold. finally it was prayed that compensation .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-08-1961
Reported in : AIR1961SC1425; [1962]1SCR214
..... consideration. there, on references made to the high court under s. 66 of the indian income-tax act, 1922, the high court made orders before april 1, 1926. on april 1, 1926, the income-tax (amendment) act, 1926, came into force and under that amendment a right of appeal was given to an aggrieved party against the order of a ..... that application, the powers of the custodian and the additional custodian of evacuee property of review and revision under s. 26 of the act were taken away by the administration of evacuee property (amendment) act xci of 1956. on april 2, 1957, the additional custodian submitted the case to the custodian-general of evacuee property to enable him ..... this appeal turns upon the interpretation of the words 'previous operation of that ordinance'. 17. this act was amended from time to time and the latest of the amendments was by act 91 of 1956. as nothing turns upon the provisions of the amending acts, we need not consider all of them; it would be enough if s. 7a which was .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-12-1961
Reported in : AIR1961SC1564; [1962]1SCR905
..... is the correctness of this order that is challenged in this appeal. 7. this appeal has no force. section 31 of the bombay tenancy act, 1939, made amendments to s. 9 of the act and the section after amendment reads : 'the rights of khots and privileged occupants shall be heritable and transferable'. 8. 'privileged occupant' included a permanent tenant under clause ..... laxman raut was void and that the plaintiff obtained good title under the sale deed in his favour in view of the amendment of s. 9 of the act by s. 31 of the bombay tenancy act, 1939 (act xxix of 1939), by which no consent of the khot was necessary for executing the sale deed in 1945. respondent no ..... (5) of s. 3 of the act. the bombay tenancy act received assent of the governor of bombay on april 2, 1940, but it came into force .....
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 : Kerala
Decided on : Dec-19-1961
Reported in : AIR1962Ker164
..... on the tarwad and not, as is expressly stated, as against others. this principle must, in my, opinion, equally apply to section 33 of the madras marumakkathayam act as amended, as also to similar provisions in the analogous statutes adverted to above.'34. raghavan j. in omanakulty pillai v. krishnan nair, 1961 ker lt 626 considering the ..... agreements may be classed together as invalid.'9. the relation between hie terms void' and 'viodable' is succinctly expressed by pollock and mulla in their commentary on indian contract act, 8th edn., pages 383 and 135 thus:'whenever one party to a contract hag the option of annulling it, the contrast is voidable; and when he makes ..... suit by him to have the instrument set aside or cancelled would then be time-barred under either article 44 or article 91 of the indian limitation act ....... section 3 of the indian limitation act refers only to the remedy of the plaintiff and not to his rights, and even though the remedy may be barred, the right may .....
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