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 : Punjab and Haryana
Decided on : May-17-1961
Reported in : AIR1962P& H27
..... of this case, however, i will have the parties to bear their own costs throughout.dua, j.(24) i agree though, not without considerable hesitation. section 34 indian evidence act merely makes relevant the entries in books of account regularly kept in the course of business, and it further clearly lays down in the negative that such entries shall ..... -firm, exhibit p. 52, which rs. 500/- were stated to have been paid as interest to the plaintiff-firm, was inadmissible in evidence under section 54 of the indian income-tax act, 1922, and relied on anwar ali v. tafozal ahmed, air 1925 rang 84, and devi datt ramniranjandas v. shriram narayandas, air 1932 bom, 291. in the first ..... the appellant with liability and that each entry in the account books should have been proved. in this connection, he referred to the provisions of section 34 of the indian evidence act 1872, and a number of authorities inter alia banwari lal v. mt. hussaini, air 1939 lah 455, ganeshi lal v. firm mangat ram atma ram, air .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-25-1961
Reported in : AIR1962SC316; 1983LC2198D(SC); [1961]3SCR786
..... in section 6a of the general clauses act enacted to define the effect of repeals effected by repealing and amending acts which runs in these terms : '6a. where any central act or regulation made after the commencement of this act repeals any enactment by which the text of any central act or regulation was amended by the express omission, insertion or substitution ..... the lack of rational connection may be considered from two points of view. first mr. palkivala does not impugn the constitutional validity of section 106 of the indian evidence act or the legislative application of the principle underlying it to any concrete case. it need hardly be pointed out that in every case without exception, the ..... and on payment of the fee, if any, prescribed bring or send into india any gold or silver or any currency notes or bank notes or coin whether indian or foreign. explanation. - the bringing or sending into any port or place in india of any such article as aforesaid intended to be taken out of .....
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 : 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 : Aug-28-1961
Reported in : AIR1962SC171; [1962]32CompCas414(SC); [1961(3)FLR307]; (1961)IILLJ385SC; [1962]3SCR269
..... was really a device adopted for depressing wages and for denying to workmen employed in banks their legitimate rights. it was urged that the preamble to the amending act sought to make out that the real purpose behind the legislation was the ensuring of secrecy from disclosure of the reserves held by the banks and of the ..... the auditors', were not required to be shown as part of the property and assets of a bank. 6. the provisions of the companies act of 1913 underwent numerous changes by the amending act of 1936 which included inter alia one whereby the change effected by the notification, dated march 29, 1927, in form 'f' were omitted ..... banking companies from the requirements of conforming to the form of balance-sheet and profit & loss account of companies registered under the indian companies act; and the central government were empowered by sub-section (4) to amend the form set out in the schedule by notifications published in the official gazette. in form 'a' which provided the model .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-31-1961
Reported in : AIR1963SC414; [1962]Supp(1)SCR282
..... purposes connected therewith. it does not sell electrical energy to any person. 3. under the provisions of the central provinces and berar electricity duty act, 1949 (no. 10 of 1949) as amended by the madhya pradesh taxation laws amendment act, 1956 (act no. 7 of 1956) the government of madhya pradesh levied upon the appellant electricity duty amounting to rs. 2,78,417/- for a ..... constitution is to the same effect. the argument of mr. sastri is that the word 'consumption' should be accorded the meaning which it had under the various act, including the indian electricity act, 1980. under that act and under the various provincial and state act, consumption of electricity mean, according to him, consumption by persons other than producers and that both in government of india .....
Tag this Judgment!Court : Chennai
Decided on : Apr-14-1961
Reported in : AIR1962Mad75; [1961]31CompCas539(Mad); (1961)2MLJ494
..... proceedings and to recommend changes in law, procedure and machinery in order to facilitate the speedy disposal of proceedings in liquidation.'(10) he stressed that the amending act of 1953 was therefore intended to prevent considerable expense and immense delay involved in the official liquidator being compelled to pursue legal proceedings against debtors of banking ..... which we have to decide the question arising in this case.(9) mr. vasudevan referred to the history of the various amendments of the act for pointing out the purpose for which the amending act of 1953 was enacted. he relied on the following passage in the statement of objects and reasons :'experience of the liquidator ..... in shenoy v. rathunath, ilr 1959 mad 715 regarding the scope and effect of secs. 45-a and 45-b of the indian banking companies act as amended in 1953 (hereinafter referred to as the act). thereupon at the instance of one of us this petition has been referred to this bench.(2) the petitioner was carrying on .....
Tag this Judgment!Court : Allahabad
Decided on : Mar-16-1961
Reported in : AIR1961All614
..... evidence they should believe and what evidence they should not believe. they can do so only by amending the indian evidence act and certain other relevant statutes. they can do so by modifying certain articles of the constitution, but' so long as the indian evidence act remains as it is, it is for the courts of law to determine when a fact can ..... be held to be proved. apart from this, we believe, that the legislature amended the code of criminal procedure only to speed up the committal proceedings and not ..... away the rights of the courts of law as to how they should interpret the words of the statute. so far the definition of the word 'proved' in the indian evidence act has not been changed by the legislature. the definition of 'proved' is 'a fact is said to be proved when after considering the matters before it the court .....
Tag this Judgment!Court : Orissa
Decided on : Nov-20-1961
Reported in : AIR1962Ori202
..... said provisions shall apply accordingly to the memorandum of articles as so altered. all these provisions have been introduced in indian statute by the amending act of 1956 on the basis of section 210 of the english companies act, 1948. the english law introduced section 210, on the recommendation of what is known as cohen committee, who ..... that is, not the existing shareholders. on september 14, 1960 sri s.p. jain filed the present complaint under sections 397, 398, 402 and 403 indian companies act, on the ground of continuing and continuous oppression to the minority group of shareholders including himself, and mismanagement of the affairs of the company as stated in ..... kalinga tubes ltd. (hereinafter referred to as the company), is the petitioner in the complaint herein under sections 397, 398, 402 and 403 of the indian companies act, 1956 on the ground of alleged continuing and continuous process of oppression to some part of the members of the company (including the petitioner) and mis .....
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