Court : Supreme Court of India
Reported in : AIR1978SC851; (1978)1SCC405; [1978]2SCR272
..... follows :-(1) haying regard to the important functions which the legislatures have to perform in democratic countries, it has always been recognised to be a matter of first importance that elections should be concluded as early as possible according to time schedule and all controversial matters and all disputes arising out of elections should be postponed till after the elections are over, so that the election proceedings may not ..... for election grievances except through the election tribunal, the court observed :that being so, i think it will be a fair inference from the provisions of the representation of the people act to stated that the act provides for only one remedy, that remedy being by an election petition to be presented after the election is over, and there is no remedy provided at any intermediate stage.there ..... little cross on a little bit of paper-no amount of rhetoric or voluminous discussion can possibly diminish the overwhelming importance of the point.if we may add, the little, large indian shall not be hijacked from the course of free and fair elections by mob muscle methods, or subtle perversion of discretion by men dressed in little, brief authority. ..... yet another case it was reported that the ballot papers were neither signed nor stamped but were accepted by the assistant returning officer as valid, although the factum ..... poll already held, may be read at this stage.election commission of indianew delhidated 22 march, 1977 chaitra 1, 1899 (saka) notifications.o. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2004)191CTR(P& H)358; [2005]274ITR381(P& H)
..... the relevant provisions of statutory law along with the judicial pronouncements referred to by the parties : the white paper on indian states published by the government of india and all other relevant facts and circumstances of the case, for determination of the ..... that been the case, the simple claim would have been that, with the coming into force of the hindu succession act, the impartible estate had ceased to exist and had assumed the character of property of an ordinary joint family ..... privy purse was to be treated as the individual property of maharaja yadvindra singh, the gifts made out of the same were nevertheless exempt under section 5(1)(xvi) of the act as the gifts had been made in discharge of obligation imposed on the rulers as per dastur-ul-amal to maintain their family members ..... the proviso to this article laid down that if the sum specified in the schedule in respect of the ruler of patiala exceeds rupees ten lakhs, it shall be payable only to the present rulers and not to his ..... though hindu succession act, 1956, abolished all impartible estates yet it made an exception, by virtue of section 5 thereof, 'in respect of any estate which descends to a single heir by the term of any covenant or agreement entered into by the ruler of any indian state with the government of india or by the terms of any enactment passed before the commencement of the act' ..... app 51 (pc) and the first pittapur case (1899) 26 i. a. ..... for the stamp duty under section 18(a) of the act at rs .....
Tag this Judgment!Court : Supreme Court of India
Reported in : [1963]1SCR778; [1963]Supp2SCR778
..... considerations to which i shall immediately advert which conclusively negative the correctness of the inference to be drawn from judicial and quasi-judicial authorities not being specifically named in article 12(1) in the first place, it has to be pointed out that the definition is only inclusive, which itself is apt to indicate that besides the government and the legislature there might be ..... the right guaranteed under article 19(1)(f) and (g) are infringed; (3) the consequence is the same where assessment is made by an authority which has no jurisdiction to impose the tax and (4) if an administrative tribunal acting quasi-judicially misconstrues a provision which it has jurisdiction to construe and therefore imposes a tax infringement according of article 19(1)(g) would result according to kailash nath's case : air1957sc790 but there is no ..... . this question depends upon the words of the notification and the schedule of articles on which additional duty of excise was ..... . section ii, which is on the same lines as section 66 of the indian income-tax act, provides that the revising authority might refer for the opinion of the high court any question of law arising out of its order ..... . there a sales tax officer on a construction of a schedule of the sales tax act had held that betel leaves were subject to sales tax as they ..... stamps [1899 ..... in which the union and the states can respectively levy taxes have been demarcated in the lists contained in the seventh schedule to .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1961AP528; (1961)IILLJ265AP
..... vishwanath, : air1954bom204 in deciding the question whether bombay act 57 of 1947 fell within entry 2 of list i of the vii schedule to the government of india act or within entry 21 of list ii, which conferred upon the provincial legislatures the competence to legislate with regard to land, that is to say, rights in or over land, land tenures, including the relation of landlord and tenant and the ..... , which knew the distinction between individuals whose principal avocation was journalism and others-specified in the second limb of the definition, has purposely included the latter category in the definition.the clause in the first part, having stated the general meaning of a journalist, procees to recite that it, inter alia, includes a correspondent. ..... news or omission to send any item of news as could be gathered from the letters of the second respondent to the petitioner dated 6th march 1935 and 1st august 1935.at times he was required to ascertain the re actions of readers of indian express and andhra prabha in regard to the policy the management was pursuing ..... commissioners of stamps, 1899 ac 99 at p. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1962SC1621; 1963(1)SCR778
..... considerations to which i shall immediately advert which conclusively negative the correctness of the inference to be drawn from judicial and quasi-judicial authorities not being specifically named in article 12(1) in the first place, it has to be pointed out that the definition is only inclusive, which itself is apt to indicate that besides the government and the legislature there might be other instrumentalities ..... on these points in kailashnath case.before proceeding to consider the submissions of learned on either side it is necessary to point out two matters;(1) it was agreed before us that in deciding the first question set out above we need not consider the special features applicable to taxing legislation and in particular the point as to whether the constitutional validity of such legislation could be tested with ..... this question depends upon the words of the notification and the schedule of articles on which additional duty of excise was payable ..... section ii, which is on the same lines as section 66 of the indian income-tax act, provides that the revising authority might refer for the opinion of the high court any question of law arising out of its order, ..... . there a sales tax officer on a construction of a schedule of the sales tax act had held that betel leaves were subject to sales tax as they were ..... stamps ([1899 ..... in which the union and the states can respectively levy taxes have been demarcated in the lists contained in the seventh schedule to the .....
Tag this Judgment!Court : Chennai
Reported in : (1981)21CTR(Mad)320; [1982]133ITR922(Mad)
..... in that case, the question turned on the construction of the explanation to entry 22 in part i of the schedule to the minimum wages act, 1948, which read as follows : 'employment in potteries industry. ..... but the word `include' is suceptible of another construction, which may become imperative, if the context of the act is sufficient to show that it was not merely employed for the purpose of adding to the natural significance of the words or expression defined. ..... commissioner of stamps [1899] ac 99 and the decision of the supreme court in south gujarat roofing tiles manufacturers association v. ..... as already stated, the document dated 10th september, 1970, is styled as an instrument of lease-cum-licence under which the assessee granted 'a lease-cum-licence to the company to extract clay from the schedule lands in consideration of the payment of rs. ..... it may be equivalent to 'mean and include' and in that case it may afford an exhaustive explanation of the meaning which, for the purposes of the act, must invariably be attached to these words or expression.' 14. ..... section 105 of the transfer of property act defines a lease of immovable property as 'a transfer of a right to enjoy such property, made for a certain time, express or implied or in perpetuity, in consideration of a price paid or promised, or of money, a share of crops, service or any other thing of value to be rendered periodically or on ..... 12b of the indian i.t. ..... in the first of these two cases, the privy council in construing s. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1970(0)BLJR828; 1970CriLJ1656; (1970)IILLJ40SC; 1970MPLJ191(SC); (1969)2SCC582; [1970]1SCR915
..... both by road for hire or reward, and includes a private carrier;(n) all other words and expressions used but not defined in this act and defined in the motor vehicles act, 1939, shall have the meanings respectively assigned to them in that act.the expression 'private carrier' is defined in the motor vehicles act, 1939, to mean 'an owner of a transport vehicle other than a public carrier who uses that vehicle solely for the carriage ..... the state of madras : 1950crilj1514 in ramesh thappar's case the question before this court was 'whether the impugned act (madras maintenance of public order act, 1949) in so far as it purports by section 9(1-a) to authorise the provincial government 'for the purpose of securing the public safety or the maintenance of public order, to prohibit or regulate the entry into or the circulation, sale or distribution ..... the definition there is quite different and the high court was of the view that the scheme of the act itself shows that what was intended was to regulate, not religious institutions but religious institutions impressed with the character of ..... two points were taken : (1) that the municipal council was not a 'motor transport undertaking' within section 2(g) of the act, and (2) that the council was exempt under section 38 of the act insofar as it uses the vehicles for transporting sick or injured persons and for maintenance of public order, i.e. ..... of stamps [1899] ..... first, the act provides for the welfare of motor transport workers and regulates the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1962SC694; [1962]Supp1SCR753
..... bill is not a money bill, the president may direct the governor to return the bill to the house or, as the case may be, the houses of the legislature of the state together with such a message as is mentioned in the first proviso to article 200 and, when a bill is so returned, the house or houses shall reconsider at accordingly within a period of six months from the date of receipt of such message and if it is again passed by the house or ..... 31a and 31b and the ninth schedule were enacted by the constitution first amendment act; and it is in that context ..... for the reasons stated in the judgment of this court in writ petitions 114 and 115 which need not be repeated, i hold that the impugned act is constitutionally invalid and cannot be applied to the pandaravaka verumpattom lands of the petitioner but that the petitioner would not be entitled to any relief as regards his other ..... apart from the exceptional cases just now mentioned where one is faced with a definition of 'an estate' in an existing law, i consider that the first amendment to the constitution did not bring within the definition of 'an estate' the holdings of persons other than intermediaries or those who held land under grants on favourable tenures from government - jagirdar, inamdar, ..... lands will henceforward be valid, may be effected on stamped cadjans, and will be duly registered. ..... similar legislation in bihar - bihar act 1 of 1950, as also in some of the other states of the indian union. ..... land and income-tax [1899] a.c. .....
Tag this Judgment!Court : Chennai
Reported in : (1915)ILR38Mad349
..... the terms of those acts are not materially different from the terms of the indian stamp act, 1899. ..... there was only a proposal in the first instance and the case is not within the stamp act. ..... if we turn to the authorities under the stamp acts, i think it may be said to have been established that a written proposal or a written offer does not become subject to stamp duty by reason of subsequent acceptance which is not in writing. ..... declaration, a loan is made by the bank, then there is a complete agreement, the terms of which are represented by the declaration, and that the declaration then becomes an 'agreement or memorandum of an agreement' within the terms of article 5 of the stamp act; and must therefore be stamped as such. ..... the english stamp acts, under which the decisions were given, are 55 geo. ..... , in the course of the argument, observed, 'if the contract was made by the letter of allotment, coupled with the payment of the deposit, then it was not an agreement within the stamp act. ..... , in the course of the argument, said: 'a memorandum does not require a stamp where, being a mere proposal in the first instance, it afterwards becomes binding by subsequent matter. ..... ' the first entry in the first column is '179,' that is, there is a reference to a hundi of which the number is 179. ..... the first column is headed 'hundi no.'. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1924Bom381; (1924)26BOMLR224
..... the defendant took out a summons on december 8, 1922, for an order under the indian arbitration act ix of 1899 that all proceedings should be stayed. ..... much material difference in this case, because clearly if there has been no ouster, section 28 does not apply, and if the agreement can be construed as amounting to an ouster, still under the decisions to which i have referred, the first exception to section 28 would become applicable, and in consequence the suit would be stayed. ..... it is also clear, under the previous decisions, which wore referred to in the course of the argument in that case, that since the passing of the common law procedure act of 1854, such an agreement has always been considered as a submission to arbitration. ..... which merely contracts that one of the two courts, which would have jurisdiction to try any dispute arising under the agreement, should try such dispute, would come within the meaning of section 28 of the indian contract act. ..... the question argued before him was whether this clause in the policy amounted to a submission to arbitration within the moaning of those words in section 4 of the indian arbitration act. ..... language of the contract, the court was of opinion that that was a submission of any dispute arising under the contract to the courts of budapest, and came within the meaning of a submission to arbitration in section 4 of the arbitration act, 1889 (52 & 53 vic. c. 49). .....
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