Court : Supreme Court of India
Decided on : Dec-22-1961
Reported in : AIR1962SC821; [1962]Supp2SCR411
..... right conferred under sub-section (1) shall not be exercisable after a period of (five) years from the date on which the bombay taluqdari tenures abolition (amendment), act 1954 comes into force. x x x 26. this section for the first time conferred upon a permanent tenant the right to acquire the status of an ..... . - * * * (1a) where a tenant to whom subsections (1) and (2) of section 10a do not apply, has, after the commencement of the bombay tenancy and agricultural lands (amendment) act, 1955, paid in respect of the land held by him as tenant land revenue and other cesses referred to in sub-section (1) of that section, on account of the ..... . that definition was in these terms : ''permanent tenant' means a person - (a) who immediately before the commencement of the bombay tenancy and agricultural lands (amendment) act, 1955 (hereinafter called 'the amending act, 1955') - (i) holds land as mulgenidar or mirasdar; or (ii) by custom, agreement, or the decree or order of a court holds the land .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-08-1961
Reported in : AIR1961SC1241; 1961CriLJ302; [1962]1SCR194
..... the circumstances stated by the high court, and therefore he will have that jurisdiction which he is competent to exercise under the prevention of corruption act or the criminal law amendment act. section 6 of the former provides that the state government may appoint a special judge to try the following offences : (a) an offence ..... in addition said to have committed offences under s. 420, indian penal code. 4. the subordinate judge, vijayawada was appointed as special judge under the provisions of s. 6 of the criminal law amendment act, 1952 (ii of 1952) to try offences under the prevention of corruption act, 1947. he framed the following charges : 'charge no. ..... punishable under section 161, section 165 or section 165a of the indian penal code (act xlv of 1860) or sub-section (2) of section 5 of the prevention of corruption act, 1947 .....
Tag this Judgment!Court : Chennai
Decided on : Jun-19-1961
Reported in : AIR1963Mad316
..... 14-4-1937, but, as some difficulties were felt in the interpretation of the act, it was amended on 8-4-1938 by act xi of 1938. the amending act was made retroactive and operative from the date of the main enactment; but even after the amendment, difficulties arose, and the language resulted in conflicting interpretations by high courts. the ..... made by the adopted son relates to the estate of his adoptive father ... ... ... ... ... ... ... ... ... it is not in consonance with the principle well established in indian jurisprudence that an inheritance could not be in abeyance and that the relation back of the right of an adopted son, is only quoad the estate of the adoptive father ..... minor) v. shankar ramachandra went far beyond what had been previously understood to be the law. it is not in consonance with the principle well established in indian jurisprudence that an inheritance could not be in abeyance, and that the relation back of the right of an adopted son is only quoad the estate of the .....
Tag this Judgment!Court : Gujarat
Decided on : Aug-29-1961
Reported in : AIR1962Guj194; (1962)0GLR85
..... and against such a foreigner the order in question can be made. it was, however, contended by the learned government pleader that there is nothing in the amendment act to indicate that it is of a retrospective character'. the only contention urged by the learned government pleader was that the petitioner ccased to be a citizen of india ..... of this country on the date when the constitution came into force he subsequently renounced the indian citizenship and acquired the citizenship of pakistan, it would be the central government, as a tribunal under section 9(2) of the citizenship act of 1955, which would have the exclusive jurisdiction to determine that question. there is no ..... would take away from the petitioner his status as a citizen of this country. he was, therefore, held a citizen of this country. there is nothing in the amendment act also which would have the effect of rendering a person who is not a foreigner a foreigner. we are not, therefore, in a position to find any justification .....
Tag this Judgment!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 : 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 : Kolkata
Decided on : Dec-21-1961
Reported in : AIR1962Cal649,66CWN395,[1962(4)FLR89],(1962)IILLJ62Cal
..... recognised trade union to negotiate on behalf of its members with the employer under section 28-f, sought to be introduced into the trade unions act of 1926 by the amending act of 1947 (which amending act is not yet brought into force), and the position of a union or association of employees in the industrial law by virtue of which ..... , it does not lie under article 226, an argument which i find difficult to follow. in the present case, the petitioner association is registered under the indian trade unions act xvi of 1926 and is a corporate body with right to sue or being sued in its own name see sections 4, 9 and 13). in order ..... same is not maintainablein law.'8. in support of the preliminary objection mr. sanyal placed strong reliance on the following authorities, which i need consider at this stage: (1) indian sugar mills association v. secretary to government of u. p. labour department : air1951all1 (fb). in this case the petitioner association moved the high court of allahabad, under .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-05-1961
Reported in : [1962]44ITR16(Bom)
..... a partnership firm doing business in bombay. the income-tax officer had assessed the appellants under section 23 (3) read with section 34 (i) (a) of the indian income-tax act for the assessment year 1947-48. he included in the assessable income a sum of rs. 85,000 as the income of the appellants from some undisclosed sources. ..... after 31st march, 1951, the remedy available to the income-tax department to assess the income, which had escaped assessment, had become time barred before the section was amended and that consequently, no action can now be taken in order to assess such income. he has relied on the decision of this court in prashar v. vasantsen dwarkadas ..... in which it was held that where the remedy available to the income-tax officer had become barred under section 34 before its amendment in 1953, the vested right of the assessee could not be affected except by clear and express terms used by the legislature, and that the legislature did not .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-10-1961
Reported in : [1961]12STC711(P& H)
..... payment of the price, be deemed to be a sale.7. we are not concerned in the present case with the amendments made in this definition by the east punjab general sales tax (amendment) act, 1959, and the punjab general sales tax (amendment) act, 1960. the contention raised on behalf of the petitioning firms is that this explanation extends the scope of the expression ' ..... entry 48 cannot be construed in its popular sense and that it must be interpreted in the sense, which the expression bears in the indian sale of goods act, 1930.section 2(h) of the punjab genera] sales tax act, 1948, as it stands now, defines 'sale' in these words :-'sale' means any transfer of property in goods...for cash or ..... it is not for this court to do so in the present proceedings. there is substance in this contention of the repondents. as observed in indian iron and steel company limited v. the officer on special duty (central circle], punjab [1959] 10 s.t.c. : 'it has been repeatedly held that a writ should not be .....
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