Court : Supreme Court of India
Reported in : AIR1950SC27; 1950CriLJ1383; (1950)IIMLJ42(SC); [1950]1SCR88
..... thing happened during the second world war. similar regulations were introduced during the period of the war in india under the defence of india act. the government of india act, 1935, conferred authority on the central and provincial legislatures to enact laws on this subject for the first time and since then laws on this subject have ..... at different times. carl brent swisher in his book on the growth of constitutional power in the united states at p. 107 says, with reference to the development of the doctrine of due procedure : 'the american history of its interpretation falls into three periods. during the first period covering roughly the first century of government ..... of the country accounted to a great extent for this change in judicial outlook. the close of the civil war brought in a new period of industrial development leading to accumulation of large capital in the hands of industrialists and the emergence of a definite labouring class. new and important problems arose which the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1953SC252; (1953)55BOMLR536; (1953)IMLJ743(SC); [1953]4SCR1069; [1953]4STC133(SC)
..... existed of more and more of them coming in to claim a share of the spoils. it seems to me that the constitution makers considered this detrimental to the development and exercise of trade and commerce and so determined to put a stop to the practice but at the same time left parliament a discretion to restore a part of ..... enforce the statute with respect to the constitutionally taxable subjects, it being assumed that the state intends naturally to keep what it could lawfully tax, even where it purports to authorize the taxation of what is constitutionally exempt. the principle, as it is tersely put in the american case, is that severability in such cases includes separability in enforcement. 31. ..... rules which it had deleted a few days before it would, in my judgment, be no more competent for a rule-making authority to do that than it would have been competent for it to validate this act if the rules had been brought into being even one day after sections 5 and 10 came into force. 67. i can .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1955SC468; [1955]2SCR48
..... with clarity by the house of lords in f. r. absalom ltd. v. great western (london) garden village society [1933] a.c. 592 and in kelantan government v. duff development co. [1923] a.c. 395 in durga prasad v. sewkishendas (54 c.w.n. 74, 79 the privy council applied the law expounded in absalom's case [1923] ..... the arbitrator about that rather than one from the courts, then the courts will not interfere, though even there, there is authority for the view that the courts will interfere if it is apparent that the arbitrator has acted illegally in reaching his decision, that is to say, if he has decided on inadmissible evidence or on principles of construction ..... that the law does not countenance or something of that nature. see the speech of viscount cave in kelantan government v. duff development co. [1923] a.c. 395). but .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1957SC699; (1957)59BOMLR945; (1957)35MysLJ(SC)283; [1957]1SCR874
..... its own setting of time and circumstances, and that it might be that in regard to some economic activities and at some stage of social development it might be maintained that prohibition with a view to state monopoly was the only practical and reasonable manner of regulation, and that inter-state ..... see whether the laws that resulted from the whole impaired the freedom which s. 92 protected. their lordships pointed out that lotteries not conducted under the authority of government were suppressed as pernicious. the impugned legislation was, in their lordships' view, of a traditional kind directed against lotteries as such independently altogether ..... trade, commerce and intercourse among the states was compatible with absolute freedom and (2) that s. 92 was violated only when a legislative or executive act operated to restrict trade, commerce and intercourse directly and immediately as distinct from creating some indirect or consequential impediment which might fairly be regarded as remote. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1959SC648
..... central government or a state government; (ii) any road transport corporation established under s. 3 of the road transport corporation act, 1950; (iii) the delhi transport authority established under s. 3 of the delhi road transport authority act, 1950; and (iv) any municipality or any corporation or company owned or controlled by the state government. under s. ..... and he shall have to be displaced after following the usual procedure prescribed by the u.p. road transport services (development) act.' 91. pursuant to their order, it appears that the regional transport authority renewed his permit on october 11, 1956 with effect from november 1, 1953 to october 31, 1956. in the ..... filed by the appellants in the allahabad high court challenging the validity of the u.p. transport services (development) act of 1955, being u.p. act no. ix of 1955 (hereinafter referred to as the u.p. act), and the notifications issued thereunder. all the appeals were consolidated by order of the high court. 6 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1961SC1175; [1961(2)FLR68]; (1960)IILLJ716SC; [1961]2SCR349
..... called the company), by its workmen (hereafter called the workmen), and they were referred for industrial adjudication by the government of bombay under section 10(1) of the industrial disputes act, 1947 (xiv of 1947). these demands were considered by the industrial tribunal in the light of the evidence adduced before it by the respective parties and decided on the merits .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1961SC1480; [1962]1SCR517
..... lump sum is not obligatory, and a person can elect to pay tax calculated on actual fares and freights. the fares and freights are fixed by competent authority under the motor vehicles act, and that takes into account the average earnings, and the lump sum is fixed as an average of what tax would be realised if calculated on actual ..... freights'. it is submitted that a tax on fares and freights being a different tax, cannot be levied under the entry, and thus, the tax is without authority of law. 9. the act and the rules are further challenged on the grounds that they are repugnant to arts. 301 and 304 as being a restriction upon inter-state trade, commerce ..... , and (d) where the owner has not plied his vehicle for a continuous period of not less than three months and produces a certificate from the authority competent under the rajasthan motor vehicles taxation act, 1951, or the rules made thereunder to the effect that he has been refunded the tax for that period under section 7 of the said .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1962SC1371; [1962]32CompCas514(SC); [1962]Supp3SCR632
..... held to be a leading principle of our constitution, does not involve the decision of every dispute by courts of law. but it does imply that all authorities in the state act under the eye of the courts, and are liable to have the legality of their conduct inquired into.' 108. what then is the position in the ..... the reserve bank. the committee ended by saying : 'we accordingly consider it to be a matter of supreme importance from the point of view of the development of banking facilities in india, and of her economic advancement generally, that a central or reserve bank should be created at the earliest possible date. the establishment of ..... was dropped. the indian central banking inquiry committee, however, reported in 1931 that there was a need for a central banking institution in india 'for securing the development of the indian banking and credit system on a sound and proper basis.' the committee pointed out that some of the provincial committees had also suggested the establishment of .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1963SC151; [1963]33CompCas745(SC); [1963]2SCR774
..... that the petitioners are going to establish a paper factory. it is not disputed that no new factory can be established without obtaining a licence from the appropriate authority under the industries development and regulation act, 1951, and that the petitioners do not hold any licence of this kind. according to the petitioners, however, they had entered into an agreement with the firm ..... public at large. it is in view of these circumstances that the government of india, accepting the recommendation made in this regard by the licensing committee under the industries development and regulation act, 1951, issued a licence in its favour on april 8, 1951. it then pointed out that it has secured the collaboration in this project of a well-known american .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1962SC1753; [1963]2SCR747
..... of the property acquired have been taken into account in lying down the principles for determining compensation. it appears that section 8 of the west bengal land development and planning act, 1948 (xxi of 1948) which was impugned in that case limited the amount of compensation so as to not to exceed the market value of ..... the laws passed by them retrospective. he, however, seeks to import a limitation on this legislative power where the contravention of fundamental rights is involved. no authority has been cited in support of the plea that the legislative power of the legislature is subject to any such limitation even where the contravention of fundamental rights ..... invalid and inoperative because it contravenes art. 31(1) of the constitution. article 31(1) provides that no person shall be deprived of his property save by authority of law. it is urged that this provision postulates the existence of an antecedent law, before a citizen is deprived of his property. the notification was issued .....
Tag this Judgment!