Court : Allahabad
Reported in : AIR1953All220
..... , even though that was not the law............ the prerogative of mercy inindividual cases lies with the provincial government; and, it is for the legislature to amend the children's act, if an amendment seems required, and to fix the age below which sentence of death shall not be passed at a higher level. it is not for us to ..... , death penalty is being abolished in several civilised states of the world. thus in the modern age a more humanitarian view of punishment is adopted.13. under the indian penal code punishments are graded according to the seriousness of the crime. the doctrine of deterrent punishment is the underlying policy of the whole scheme of punishment. at the ..... death. for example, where one person inflicts injuries which bring about the death and the others merely help the former, such as by standing by or performing minor acts, the conscience of the law in such a case will be satisfied if the persons who (inflicted the fatal injuries are sentenced to death and the others are .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1953All419
..... held that, having regard to the history of the law of contempt in england and also as engrafted in the indian legal system, both prior and subsequent to the contempt of courts act 12 of 1926, followed by the amendment act 12 of 1937, and also in view of the literal meaning of the words 'subordinate court' in section! 224 ..... (1), government of india act and the interpretation of those words in the indian case-law, there is only one conclusion possible, namely ..... was a case calling in question certain improper comments in the amrita bazar patrika on proceedings pending before the commissioner appointed under the bengal criminal law amendment act, 1930. the high court was held as having full jurisdiction to punish the contempt committed.58. a number of cases under the workmen's compensation .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1953All123
..... state of saurashtra', air 1952 sc 123. in this case, the court was concerned with the question of constitutional validity of the saurashtra state public safety measures (third amendment) ordinance (66 of 1949). it was held by the majority of the court that section 11 of the ordinance in so far as it authorises the state government to ..... anr.', air 1952 sc 75, in this case, the supreme court was concerned with the question of the validity of section 5 (1), west bengal. special courts act, (act x of 1950). the validity of section 5 (1) was challenged on the score of its being discriminatory and thus violating the provisions of article 14 of the constitution ..... -- 'the state of bombay and another v. f. n. balsara', air 1951 sc 318. in this case, 'inter alia' the validity of section 39, bombay prohibition act, (act xxv of 1949) was challenged on the ground that it contravened the provisions of article 14 of the constitution. section 39 provided for special treatment of persons belonging to the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1954All53; [1953]24ITR298(All)
..... subsequent year can be allowed only if the case comes within the express words of section 24 (2), income-tax act. learned counsel has pointed out that previous to the amendment in the year 1939 the loss of one year could never be carried forward and set off against the profits in ..... a subsequent year. it was by the amendment in. 1939 that it was provided that if a loss had been incurred in any particular business which could not be set off against ..... same business and this process was to continue for a maximum period of six years.4. the relevant portion of section 24 (2), income-tax act, is as follows :-'where any assessse sustains a loss of profits or gains in any year ............under the head 'profits and gains of business, ..... malik, c.j.1. this is a reference under section 66 (1), indian income-tax act, and the point raised is a nice question of law on which learned counsel are agreed that there is no .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1953All318
..... last point first, as in our opinion, the question does not arise in a case which is covered by section 75, railways act, and in which a risk note in form x has been duly executed. section 75, railways act, was amended once in the year 1947 when the words 'rs. 300' were substituted for the words 'rs. 100' and again in ..... and the present suit was instituted on 1-10-1946. we shall, therefore, have to ignore the amendments mentioned above and have to decide the case on the section, as it stood before the amendments of 1947 and 1949. before these amendments section 75, railways act, stood as follows :'75 (1) when any articles mentioned in schedule 2 are contained in any parcel ..... the year 1949 when more substantial amendments were made in the section. as stated above, the goods were consigned on 5-10-1915 .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1954All462
..... expression used in section 13. at present i need just mention that sub-clauses (c) and (d) were introduced in the act by the amending act 11 of 1939. no amendment was made in section 13 by that act. it can be said to follow from this that the interpretation of section 13 should not, therefore, be dependent on the effect ..... -fee payable on such execution application or on a plaint in a suit for the amount determined by the special judge: provided that notwithstanding anything contained in the indian limitation act, 1908, or any other law for the time being in force, in computing the period of limitation for such suit or such execution application the period from ..... he referred to clauses (c) and (d) of section 9 (5) and observed : 'under the amended act therefore the creditor must wait until the amount due by the jointdebtor who had not made an application underthe encumbered estates act had been determined by the special judge. thereafter he may apply to the civil court for a decree for that .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1953All701; [1953]23ITR494(All)
..... had once been concluded. the cases cited before us relate to a period before 1948 when section 34, income-tax act was not amended, and it is not necessary for us in this case to consider the effect of the amendment, nor is it necessary to discuss those cases at any length. those cases are -- 'laljimal girdhar das v. commr ..... record on which the tribunal could come to the finding it had arrived at.14. the facts in -- 'commr. of income-tax, excess profits tax, madras v. south indian pictures ltd., karaikudi : [1951]20itr605(mad) were entirely different. there the source of the receipt was known. the amount having been paid to the assessee as compensation for ..... to agree with shri jagdish swarup that the cases have to be grouped in the manner suggested by him.5. the relevant portion of section 10a, excess profits tax act reads as follows:'10a (1) where the excess profits tax officer is of opinion that the main purpose for which any transaction or transactions was or were effected ............. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1954All319
..... provisions of the constitution all the law in force in the territory of india immediately before the commencement of this constitution until altered or repealed or amended by a competent legislature or other competent authority.'the effect of this article read with section 403 of the criminal procedure code is that section 403 of the ..... for periods the maximum of which is prescribed in the standing order. the motion made by the leader is put to vote without any discussion, no amendment being allowed and when carried the member so named is forcibly made to leave the house, if he offers any opposition, with the minimum of force ..... in --'in the matter of the central provinces and berar sales of motor ispirit and lubricants taxation act, 1938 , regarding the relevance for historical purposes, in constitutional cases of parliamentary paper such as, for example, the proposals for indian constitutional reform commonly known as the white paper and the report of the joint select committee thereon .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1954All94
..... determination of the real matter in dispute. the only limitation, it is said, is contained in clause (5) of rule 10 that such amendment will be made subject to the provisions of the indian limitation act, 1908, section 22, the proceedings as against any person added as defendant being deemed from the date of the service of the summons. we ..... now stands, the plaintiffs cannot succeed.' it is urged by learned counsel that these observations should be interpreted to mean that in case the plaint could have been amended, the learned judge's decision would have been different. we are not prepared to accept that interpretation. that was only one reason given by the learned chief justice ..... tion joining with himself strangers, i.e. persons who have not a right of pre-emption, is in itself sufficient to estop him from asserting his claim. an amendment of the plaint therefore would not be of any avail to the other plaintiffs.' the very next year, however, the point arose before a division bench of the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1954All523; 1955CriLJ904
..... of its jurisdiction as a court of appeal reference or revision charged with any offence for which provision is made by act no. 45 of 1860 called the 'indian penal code' or by any act amending or excluding the said act which may have been passed prior to the publication of these presents shall be liable to punishment under the said ..... act or acts and not otherwise.'12. this provision was made to make it clear that the penal code alone was to be applied ..... to the power of the court to arrest a contemner from outside the jurisdiction of the court has now been set at rest by an amendment of the contempt of courts act. the amendment to the act has not, however, touched the procedure which the high courts have consistently followed during the long course of their existence in dealing with .....
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