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-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 : 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 : 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 : Mumbai
Decided on : Mar-09-1961
Reported in : [1962]45ITR6(Bom)
..... on the amount in dispute (namely,under section 66 of the indian ... the difference between the amountincome tax act, 1922. actually assessed andamount admitted by the assessee asassessable) subject to the minimumfee of fifty rupees.'---------------------------------------------------------------------- 5. by a subsequent amendment, the portion of the article in the third column was amended, and the said amended article now reads as follows : ---------------------------------------------------------------------1 2 3---------------------------------------------------------------------'16 application .....
Tag this Judgment!Court : Kerala
Decided on : Dec-07-1961
Reported in : AIR1962Ker220; (1962)IILLJ169Ker
..... save with the express permission in writing of the conciliation officer, board or tribunal as the case may be.' 20. section 33, as it now stands, was incorporated by the amendment act 36 of 1956 and is as follows :'33. conditions of service etc. to remain unchanged under certain circumstances during pendency of proceedings : -- (1) during the pendency of any ..... 3 decisions which have a bearing on this matter namely, a decision of the bombay high court in air 1960 bom 390; the decision of the gujarat high court in indian extractions private ltd. v. a. v. vyas, air 1961 gujarat 22; and of the rajasthan high court in 1959-2 lab lj 810.53. no doubt, the ..... t. officer, air 1961 sc 372, where their lordships had to consider the scope of section 34 of the indian income-tax act. no doubt, the expression 'unless' occurs in the proviso to section 34(1) of the income-tax act. having regard to the general scheme of that section, their lordships held that to confer jurisdiction under the said section .....
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 : Supreme Court of India
Decided on : Jan-12-1961
Reported in : AIR1961SC1100; [1961]42ITR57(SC); [1961]3SCR409
..... 1949. by the taxation laws (extension to merged states and amendment) act, 1949, which received the assent of the governor-general on december 31, 1949, the indian income-tax act was extended to the merged states with effect from april 1, 1949. that act also introduced s. 60a in the income-tax act, by which power was given to the central government, if ..... do not affect the operation of s. 23a on the assessable income of the company which, by reason of the application of the indian income-tax act even prior to the extension act, was assessable under the indian income-tax act. dividends payable out of that portion of the income will attract s. 23a, and s. 14(2)(c) does not apply ..... accruing or arising within the taxable territory as distributed among the shareholders. the right of the department to pass an order under s. 23a(1) of the indian income-tax act was not challenged before the tribunal, and it was not the subject of a decision in the high court. the argument still has been, on behalf of .....
Tag this Judgment!Court : Himachal Pradesh
Decided on : May-27-1961
Reported in : AIR1962HP24
..... or designated in the agreement, requiring that the difference be submitted to the person so named or designated.' sub-section (1) merely applies the provisions of the indian limitation act to arbitrations. sub-section (2) provides that if there is any term in an agreement for reference to arbitration that no cause of action shall accrue in respect ..... be read into the first column as if those words actually occurred therein, we are not of opinion, as at present advised, that the subsequent amendment of articles 158 and 178 must necessarily and automatically have the effect of altering the long acquired meaning of article 181 on the sole and simple ground that after ..... were, added the word's 'under the code' in the first column of that article. if those words had actually been used in that column then a subsequent amendment of articles 158 and 178 certainly would not have affected the meaning of that article. if, however, as a result of judicial construction, those words have come to .....
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 .....
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