Court : Supreme Court of India
Decided on : May-02-1967
Reported in : AIR1967SC1831; (1968)70BOMLR146; 1968MHLJ239(SC); [1967]3SCR855; [1968]21STC10(SC)
..... the sales tax officer aurangabad.' 4. thereupon the 1st respondent made an application to the trial court challenging the validity of the order of the collector. the subordinate judge held that civil court had no jurisdiction to set aside revise or modify the order of the collector and it could be done only by the superior revenue authorities ..... royalties allowed by the common law the crown of england'. 13. the question about the applicability of the priority of crown debts was considered by the bombay high court in 1968 in secretary of state in council for india v. bombay landing & shipping co. limited (1868) 5 bom. h.c.r. 23. in which it was held that ..... follows : sanction is therefore accorded under section 119 of hyderabad land revenue act to attach the amount of rs. 9672-i. 0 out of the sale proceed realised from the auction sale of the defaulter shri. chandamal's property and deposited with the court of sub-judge aurangabad, towards satisfaction of the degree no. 28/1 of 1955 passed .....
Tag this Judgment!Court : Delhi
Decided on : Aug-16-1967
Reported in : 1968CriLJ1265; 4(1968)DLT174a
..... will be very difficult to deliver speedy justice to the public.' a copy of this order was received in this court, having been forwarded by the learned district and sessions judge, mandi on 27-6-1967. pursuant to the orders made by s. k. kapoor, j., the present criminal original petition was registered and ntoices issued to shri bhawani singh and .....
Tag this Judgment!Court : Gujarat
Decided on : Jan-17-1967
Reported in : (1967)0GLR494; (1968)IILLJ638Guj
..... s. 161, indian penal code. under these circumstances, this explanation of the accused was rejected and the presumption under s. 4(1) of the act was relied upon by the learned trial judge for deciding the case against the accused. 10. at the hearing of the appeal, sri trivedi, on behalf of the appellant, mainly argued the ..... . the resolution was passed on 30 november, 1963, but the notice appears to have been dated 29 november, 1968. on 12 november, 1963, ratanji had filed regular civil suit no. 140 of 1968, in the court of the civil judge, jr. division, mangrol, challenging the sale transaction by the vendors in favour of hamir lala and natha kala. ..... an application for contempt of court alleged to have been constituted by breach of that injunction. on 24 january, 1964, the present accused gave evidence before the civil judge, jr. division, mangrol, supporting ratanji's version is those contempt proceedings. as to what was the exact state of repairs to the building in question, a panchnama .....
Tag this Judgment!Court : Supreme Court of India
Decided on : May-01-1967
Reported in : [1968]67ITR84(SC)
..... certificate of fitness granted by the high court is directed against the judgment of the division bench of the high court at calcutta, affirming the judgment of the single judge. this appeal was heard together in this court along with civil appeal no. 1421 of 1966 (kalawati devi harlalka v. commissioner of income-tax ) in which ..... saraogi, hereinafter referred to as the assessee, by the commissioner of income-tax who passed the order dated march 15, 1963, under section 33b of the indian income-tax act, 1922. following our judgment in kalawati devi harlalka v. commissioner of income-tax : [1967]66itr680(sc) we hold that the commissioner of income-tax, west bengal, ..... calcutta, had jurisdiction under section 33b of the income-tax act, 1922, to revise the assessment orders for the years 1952-53 to 1960- 61. 2. to appreciate the additional point raised before us it is necessary to give .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-31-1967
Reported in : AIR1968SC389; [1968]1SCR415; [1968]21STC403(SC)
..... . 15. the position which emerges from the above may be summarised below :- (1) the enactment of the travancore-cochin general sales tax act as it stood prior to the coming in to force of the constitution, imposed a levy of sales tax on transaction of the nature disclosed ..... date, it was argued before us that the state legislature was not competent to legislate in this field after the constitution (sixth amendment) act. 12. on march 11, 1958 sundararamier & co.'s case : [1958]1scr1422 was decided by this court. that case dealt with ..... the travancore-cochin general sales tax act must now be held to be incorrect in view of the decision of this court ..... levy tax which had not been imposed by the state tax act. this court rejected the view of the high court 7 s.t.c. 731 and held that 'the view of the learned judges of the high court regarding the construction of s. 26 of .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-25-1967
Reported in : AIR1968SC514; [1967(15)FLR390]; (1969)IILLJ685SC; [1968]1SCR626
..... 1956. as the tea company failed to make payment of the money due to the bank, the latter filed suit no. 21 of 1957, in the court of the subordinate judge, upper assam, district jorhat, for enforcing its right, under the equitable mortgage. a preliminary decree was passed, on february 21, 1958; this was followed, by a final ..... rights of the workmen would have to be worked out, as against the receiver, or the official liquidator, under s. 25ff, of the industrial disputes act, 1947 (act xiv of 1947) (hereinafter called the act), inasmuch as there was nothing to show that the transfer, in this case, came within the proviso to that section. 18. we were in agreement ..... was entitled to, and proceeded to consider, as to whether any reliefs could be granted to the appellants. in this connection, counsel pointed out that s. 18 of the act clearly visualizes parties being summoned, to appear, by the labour court, in proceedings, as parties to the disputes, in which case, the award made, will be binding .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-22-1967
Reported in : AIR1968SC281; 1968(16)BLJR177; [1968]1SCR313
..... the servient heritage or anything growing or subsisting thereon. a profit-a-prendre is therefore included in the definition of 'easement' in s. 4 of the indian easements act. but an easement being a right which is super-added to the ordinary common law incidents of the ownership of a dominant tenement, and which connotes a corresponding burden ..... in the land together with all encumbrances in the land acquired was extinguished when possession was taken by the state in exercise of the authority of the land acquisition act. thereafter no one could claim in that land title derived from the zamindar. 30.933 acres out of the land after it was transferred by the acquiring authority ..... shah j. 1. subodh gopal bose - hereinafter called 'the plaintiff' - commenced an action in the court of the subordinate judge, sasaram, against four defendants - the state of bihar, the collector of shahabad, the additional sub-divisional officer sasaram, and dalmia jain, & company ltd., - for a decree declaring that .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-30-1967
Reported in : AIR1967SC1815; 1968(16)BLJR159; [1967]3SCR329
..... follow that it is in the public interest. we do not think therefore that the comparative merits of the corporation as against individual operators requires to be judged under chapter iv-a in the public interest. in the circumstances we are of opinion that the hearing in this case was both adequate and real the ..... parbhani transport co-operative society ltd. v. the regional transport authority(1). even so, whom the state transport undertaking takes action under chap. iv-a of the act there can in our opinion be no question of comparison between a state transport undertaking running an integrated service and individual operators running one transport vehicle or more on ..... and production of documents, and that argument was turned down. 12. it is urged on behalf of the corporation that there is no provision in the act and the rules framed thereunder in madhya pradcsh applying the provisions of the code of civil procedure with respect to summoning of witnesses and discovery or inspection of .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Oct-11-1967
Reported in : (1968)70PLR28
..... same, but there is no period of limitation. similar words, e.g., ' at any time' occurring in section 42 of the consolidation act have been held to mean what it says in the full bench decision in nar singh v. state of punjab, [1966] i.l.r ..... for which he has to take the permission as laid in section 512 and for a suit, limitation prescribed in the limitation act is three years and that this application was made more than three years after the date of winding up proceedings and even if ..... is that he ceased to be an agent as stated by the liquidator, in the year 1955. the limitation provided by the limitation act for calling upon him to render accounts was three years, which period expired long before the date of actual winding up of the ..... company and, therefore, the aid of the act was not available. it was urged that the suit had become barred by time even before the company went into liquidation and, therefore .....
Tag this Judgment!Court : Gujarat
Decided on : Jul-14-1967
Reported in : AIR1968Guj276; (1968)9GLR932
..... the contract which may be taken into consideration in finding as a fact the place where the money was agreed to be paid. in this case, the learned judges have tried to exhaustively discuss this question and have referred to decisions of various high courts including the bombay high court. they have also referred to the privy council ..... the contract that payment should be made in rangoon. accordingly, part of the contract was preferable in rangoon so as to satisfy section 49 of the indian contract act, and there was jurisdiction to entertain the suit.'no manner of doubt can be raised that their lordships of the privy council definitely laid down that section 49 of ..... to one of them. in bharumal v. sakhawatmal, : air1956bom111 the division bench of chagala c. j. and dixit j. held that strictly, section 49 of the contract act only comes into operation when there is an application by the promisor to the promisee. where it is not suggested that the promisor made any application to the promisee for .....
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