Court : Supreme Court of India
Decided on : Aug-21-1967
Reported in : AIR1968SC303; (1968)70BOMLR337; 1968MhLJ551(SC); [1968]1SCR274
..... and skill which went to the making of the development plan preceded by the tentative plan. s. 13 prescribes that the local authority should make an inquiry before granting or refusing a commencement certificate. the authority must therefore look into all material available to it including the tentative plans and the final development plan ..... the spread of flames would be reasonable in the event of a fire, the reasonableness of the restrictions imposed by the impugned legislation has to be judged in the light of actual facts and not on a priori reasoning based on the dicta in decisions rendered in situations bearing not even the remotest resemblance ..... and in the official gazette. copies of the advertisements were also displayed at various prominent places. the advertisements published in pursuance of s. 9 of the act announced to the public the communications in writing containing suggestions relating to the plan would be welcome within a period of two months. many such suggestions were .....
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 : Sep-05-1967
Reported in : AIR1968SC372; (1968)70BOMLR73; 1968MHLJ287(SC); [1968]1SCR455
..... of the full bench of the gujarat high court had 'no existence in law', for in the absence of a provision in the constitution and the charter act of 1861, a judge of a high court had no power to refer a case to a full bench for determination of a question of law arising before him, and a decision ..... intended thereby to confer upon the charity commissioner an overriding authority upon actions of the civil court in execution of decrees. 5. the learned judge also held that s. 56b of the bombay public trusts act which provides that 'in any suit or legal proceedings in which it appears to the court that any question affecting a public religious or ..... a precedent of a court of coordinate authority is binding reference to s. 165 of the evidence act is irrelevant. undoubtedly, every judgment must be based upon facts declared by the evidence act to be relevant and duly proved. but when a judge in deciding a case follows a precedent, he only regards himself bound by the principle underlying the .....
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 : Nov-09-1967
Reported in : AIR1968SC850; (1970)ILLJ633SC; [1968]2SCR186
..... his duty beyond this and to insist that he and other members of the board should do everything personally would be to impair his efficiency. unlike a judge in a court he is not only at liberty but is compelled to rely on the assistance of his staff.' 22. we accordingly reject the argument ..... of the state or states affected by such law) as parliament may deem necessary. ......................................................'17. by virtue of the power under art. 4 the said act was enacted. on behalf of the appellants the solicitor-general put forward the argument that the power of integration is not exclusively conferred upon the central government ..... state public services. this power is, however, subject to the other provisions of the constitution. article 309 states : 'subject to the provisions of this constitution acts of the appropriate legislature may regulate the recruitment, and conditions of service of persons appointed, to public services and posts in connection with the affairs of the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-18-1967
Reported in : AIR1968SC49; [1968]67ITR11(SC); [1968]1SCR10
..... assessment; and (ii) that it is in consequence of information which he has in his possession and that he has reason so to believe. since the learned judges of the high court have concentrated their attention upon the second branch of the condition and have reached their conclusion in favour of the assessees on that branch, ..... that income chargeable to tax had escaped assessment, the income-tax officer has jurisdiction to assess or reassess income under s. 147(1)(b) of the income-tax act, 1961. information in his possession that income chargeable to tax has escaped assessment furnishes a starting point for assessing or reassessing income. if he has that information, ..... divert the income before it accrues or arises to him. effectiveness of the device depends not upon considerations of morality, but on the operation of the income-tax act. legislative injunction in taxing statues may not, except on peril of penalty, be violated, but it may lawfully be circumvented. 13. if the goods were nominally .....
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 : Nov-07-1967
Reported in : AIR1968SC904; [1968]2SCR133
..... suitably amended. it also recommended that every candidate for the membership of parliament or state legislature, union and state ministers, members of parliament and state legislatures, judges of the supreme court and high court and the comptroller and auditor general of india should take oath to uphold the sovereignty and integrity of india. in ..... age; (c) possesses such other qualifications as may be prescribed in that behalf by or under any law made by parliament.' 8. the representation of the people act, no. 43 of 1951 provided some qualifications for membership of the house of the people, by s. 4. besides that art. 102 of the constitution provided ..... issue no. 1. 6. in order to decide this issue, we have to see what the constitution provided, before the constitution (sixteenth amendment) act, 1963 (hereinafter referred to as the amendment act). this act was passed on october 5, 1963. before that amendment art. 58(1) with which we are concerned in the present petition was in these .....
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 : Jan-03-1967
Reported in : AIR1967SC1315; 1967(0)BLJR483; [1967]2SCR312
..... the self-liquidating mortgage and to deliver possession of the property in the proceedings for liquidation of that debt which had been decreed by the special judge under the u.p. encumbered estates act. on behalf of the defendant-appellant it was pleaded that the suit was time-barred. the contention was that the claim of the plaintiff- ..... passed in their favour for a little over rs. 26,000. thereafter the respondents made an application under the u.p. encumbered estates act, and by an order dated may 22, 1939, the special judge apportioned the liability for the mortgage debt between the respondents and the purchasers as owners of half the mortgaged property. as a result ..... bench which heard the appeal in the first instance referred the question of limitation to a full bench of five judges which held that the suit was governed by article 83 read with article 116 of the limitation act and that time ran from february 25, 1943 which was the date upon which the respondents were compelled to .....
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