Court : Supreme Court of India
Decided on : Oct-20-1967
Reported in : AIR1968SC662; [1968]1SCR833
..... and of and institution maintained by the university, and also of the examinations, teaching and other work conducted or done by the university, and to cause an inquiry to be made in like manner in respect of any matter connected with the university. the lord rector shall in every case give notice to the university of his ..... tribunal consisting of three members, one of whom was to be nominated by the executive council, one by the academic council, and one was to be a judge of the high court nominated by the lord rector. this again shows that in the matter of such disputes, the court which is called the supreme governing ..... m.a.o. college, and the muslim university association, voluntary surrendered whatever property they had including the college buildings etc. to the corporate body created by the 1920-act, namely, the aligarh university. the third body, namely, muslim university foundation committee also surrendered the money it had collected in pursuance of the government direction that it .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-23-1967
Reported in : AIR1968SC822; (1968)70BOMLR745; (1968)0GLR599; (1968)GLR599(SC); [1968]2SCR401
..... the appellant contends (1) that the decision of the bombay high court in the state v. manilal jethalal (1953) 55 b.l.r. 377 was binding on the learned judge in view of the full bench decision in state of gujarat v. gordhandas keshavji gandhi (1962) 3 guj. l.r. 269; (2) that power to take proceedings ..... himself and not authorise others. 7. the respondents are unfortunately not represented before us. this court had already held in t. p. thakur v. ratilal motilal patel : [1968]1scr455 that the judgment of the full bench of the gujarat high court in state of gujarat v. gordhandas keshavji gandhi (1962) 3 guj. l. r. 269 was binding ..... conferred upon him by an erroneous interpretation long acquiesced in. this court held in ballavdas agarwala v. j. c. chakravarty : 1960crilj752 that a complaint under the calcutta municipal act, 1923, could only be filed by the authorities mentioned therein and not by an ordinary citizen. similarly, here it seems to us that only the authorities mentioned in s .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-05-1967
Reported in : AIR1968SC883; [1968]38CompCas348(SC); [1968]68ITR630(SC); [1968]2SCR539
..... . on a similar line of reasoning the consideration of losses in the earlier years should be made in the setting and context of the inquiry whether the company could be regarded as acting reasonably in declaring a smaller dividend. it is true that as a result of the losses having been adjusted against the paid-up capital they ..... adjusts losses against the paid-up capital and reconstructs its capital, the financial position of the company and its dividend distributing capacity in subsequent years have to be judged only by the result of its trading after reconstruction and not with reference to earlier losses which have disappeared by adjustment. in our opinion, there is no ..... was only rs. 24,750/-. the income-tax officer with the previous approval of the inspecting assistant commissioner, therefore, applied the provisions of s. 23a of the act to the respondent-company and held that the company should be deemed to have declared a dividend of rs. 3,95,798/-. the respondent-company appealed to the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-03-1967
Reported in : AIR1968SC554; [1967(15)FLR411]; (1967)IILLJ720SC; [1968]1SCR742
..... to the bengal club ltd. : (1957)illj505cal and royal calcutta golf club a.i.r. cal. 550. both decisions are by a learned single judge. they were cases of incorporated companies running clubs for profit and as business. there are, however, observations which are clearly obiter, that even a non-proprietary ..... arose directly. the question then was whether and to what extent the corporation of nagpur was an industry under the c.p. & berar industrial disputes settlement act, 1974 that act, included a definition of industry which was different. it included '(a) any business, trade manufacturing or mining undertaking or calling of employers (b) any ..... relationship of employers and workmen and the terms of employers and conditions of labour are contemplated. as such dispute may arise between different parties, the act equally contemplates disputes between employers and employers or between employers and workmen or between workmen and workmen. the definition of the expression 'industrial dispute' .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-01-1967
Reported in : AIR1968SC255; [1968]1SCR87
..... new octroi rules and bye-laws are finalised under mysore municipalities act, 1964.' 8. but this resolution was amended on march 25, 1966, and second paragraph was substituted by the following paragraph :- 'further the committed resolved ..... it was unanimously resolved to levy the octroi duty on all the goods imported within municipal limits of raichur under the schedule ii of mysore municipalities act, 1964, from the first day of april 1966. further the committee resolved that the hyderabad district municipalities octroi rules, 1959, will continue till the ..... unanimously to confirm the recommendations of the standing committee dated june 11, 1965. on october 27, 1965 the notification under s. 95 of the act by the municipality inviting objections to the proposals to impose octroi tax was published. no objections were received from any resident of the municipality against the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-02-1967
Reported in : AIR1967SC1373; (1968)0GLR436; [1967]3SCR65
..... subject of appeals to a board of appeal, of which the president is an experienced judicial officer of the status of a district judge. principles had also been laid down by the act regarding the fixing of valuation of the original plots and the reconstituted plots and for fixing the amount off contribution payable by parties. ..... (ix), (x) and (xiii), are appealable under s. 34 to a board of appeal, which is presided over by a judicial officer of the standing of a district judge. the procedure to be adopted by that board is also clearly indicated in the rules. it is, after all these matters are gone through, that ultimately, the state government ..... being filed, and their being heard by the authorities concerned. the rules also deal, elaborately with various other matters relating to the scheme, dealt with by the act. 37. the first question that arises for consideration is regarding the competency of the state legislature to enact the statute question. according to mr. sen, learned counsel .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-16-1967
Reported in : AIR1968SC870; (1968)0GLR634; [1968]2SCR267
..... the high court has painstakingly analysed the provisions already. we shall refer in passim to what is material to the discussion. acquisition of land under the act ordinarily begins with a preliminary inquiry. government notifies first under s. 4 that 'land in any locality is needed or is likely to be needed' for a public purpose. public notices ..... of 'arable' as capable of being ploughed; fit for tillage; opposed to pasture-land or wood land and gives the root as arablis in latin. the learned judges have unfortunately not given sufficient attention to the kinds of land and the contrast mentioned with the meaning. waste-land comes from the latin vastitas or vastus (empty, ..... the words in parenthesis (if any) in relation to the first sub-section continue to have the same force and no other, as they had previously. the learned judges of the high court of bombay did not give sufficient consideration to the fact that the opening words 'in every case under either of the preceding sub-sections' do .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-15-1967
Reported in : AIR1968SC441; (1968)70BOMLR327; 1968MhLJ418(SC); [1968]1SCR546
..... because it is relevant to the valuation and ought therefore to be cast into the scales of the balance... the objective being the real value of the actual hereditament the inquiry is primarily economic and not legal; it is only legal in so far as logical relevance is the measure of legal admissibility.' (see also ryde on rating, 11th ..... rs. 1,500 per month. aggrieved by this order, the respondent corporation filed an appeal before the high court at bombay. the high court held that the chief judge was in error in holding that the municipal corporation was not entitled to take into account income earned by the owners under the said agreement, set the aside his order ..... . 125 per month. the question was whether the calcutta corporation was right in treating this income as rent within the meaning of s. 127(a) of the calcutta municipal act, 1923 and take it into account while determining the annual letting value of the building. section 127(a) is as follows : 'for the purpose of assessing land and .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-02-1967
Reported in : AIR1967SC1274; 1967(0)KLT336(SC); (1967)IILLJ219SC; (1967)IILLJ249SC; [1967]2SCR566
..... of quasi-judicial character can be impugned only in appropriate proceedings taken under that act. after hearing the arguments advanced on both sides, mathew, j. rejected the objections raised by the appellant regarding want of jurisdiction and held that the respondents had power to proceed with the inquiry into the charges. s. velu pillai, j. on the other hand, took ..... . 11, p. 114). it was held for instance by the court of appeal in the king v. north [1927] 1 k.b. 411 that as the order of the judge of the consistory court of july 24, 1925 was made without giving the vicar an opportunity of being heard in his defence, the order was made in violation of the ..... regards charges 2, 3 and 4 it is not shown on behalf of the appellant that there is any defect of jurisdiction and that the respondents cannot proceed with the inquiry. 17. the next question to be considered is whether the disciplinary proceedings against the appellant were validly instituted as required by rule 4(1)(b) of the rules. it .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-04-1967
Reported in : 1968MPLJ279(SC); [1968]1SCR761
..... think there is some force in this argument which requires consideration. neither the revenue authorities nor the high court approached the question from this point of view and no inquiry at any stage seems to have been made whether there are at any place or places such group or groups of trees to constitute a grove or groves. all ..... their full size, the entire plot would retain the character of grove but no otherwise. it is true that when the learned judge made this observation he had in mind the definition of grove in s. 3 of that act but he also observed that that was the sense in which a 'grove' and 'grove land' were ordinarily understood and ..... thereof with the areas appurtenant thereto shall be settled on him by the government according to the provisions of the madhya bharat revenue administration and ryotwari land revenue and tenancy act, samvat 2007'. 4. under clause (c) also the jagirdar is allowed to continue to remain in possession of all tanks, trees, wells and building in or on .....
Tag this Judgment!