Court : Punjab and Haryana
Reported in : AIR1961P& H34
..... contended that the proceedings for arrest are quite legal.21. at this stage it will be proper to examine the position of the 1883 and 1884 acts vis-a-vis the act. the aforesaid acts are not and cannot be said to be state laws. as to what is a state law, reference may be made to article 246 of ..... used it having a wider connotation than the phrase 'state dues'. it cannot be urged with any reasonableness that 'state dues' would not be 'sums recoverable under this act. so this contention also fails.18. having realised the futility of this argument, the learned counsel for the state raised another similar argument. he contended that the sums for ..... the displaced person on account of loans granted to him by the central government or a state government or the rehabilitation finance administration constituted under the rehabilitation finance administration act, 1948 (12 of 1948), and any interest on such loans;(iii) the amount of purchase money or any part thereof and any interest on such amount or .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1961SC112; (1961)63BOMLR221; 1961CriLJ173; [1961]1SCR497
..... that both the power of pardon and the powerof reprieve which is a part of the all comprehensive power of pardon areexecutive acts and can be exercised at any time and in any circumstancesuntrammelled and without control and in absolute freedom except that prescribedby the constitution; craies on statute law, page 483. 54. in the constitution the ..... klein 20 l.ed519. the executive may grant pardon for good reasons or bad or for any reasonsat all; its act is final and irrevocable. the courts have no concern with thereasons which actuated the executive. this power is beyond the control of thejudiciary; 39 am. jur. 545, sections 43; horwitz v. connor 6 c.l.r. 1497 64 ..... amelioration of the sentencewhich has been imposed upon him. but power to reprieve is an executive act andthe sole judge of the sufficiency of facts and of the propriety of the actionis the governor. no other department in america has control over his actions.the pardoning power is in derogation of the law and the power of .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1961SC82; [1961]1SCR642
..... road transport corporation, which is a body corporate having a perpetual succession and common seal, is the transport authority. though under the provisions of the act, the state government has some control, it cannot be said either legally or factually that the said corporation is a department of the state government. the state government, therefore, in ..... the following note : 'the frequency of services on any of the notified routes or within any notified area shall, if necessary, be varied having regard to the traffic needs during any period'. indeed the said note was practically a reproduction of a note appended to r. 5. the only question is whether r. 5 and ..... not so innocuous as the learned advocate-general of the andhra pradesh contends. under that rule the state transport undertaking, having regard to the needs of traffic during any period, may increase or decrease there number of trips of the existing buses or vary the frequency by increasing or decreasing the number of buses .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1961Kant106; AIR1961Mys106
..... is whether it is true that ex. p-75 was a pamphlet printed and circulated amongst the voters by govardhana rao, the secretary of the karnataka pradesh congress committee and whether such circulation and distribution of pamphlets amongst the voters of the parliamentary constituency was made by the appellant or his ..... such as to merit acceptance. now,the delimitation of the parliamentary constituencies were made under the provisions of section 47(2) oe the states reorganisation act, 1956, by the delimitation commission appointed for that purpose. after the delimitation of the parliamentary constituencies was made by that commission, an order intituled ..... also constitute undue influence within the meaning of clause (2) of section 123, an electoral offence. further, under the provisions of section 141 of the act, candidates committing corrupt practices are statutorily eliminated from public life for a specific period. 35. having regard to the grave consequences emanating from the commission .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1961Kant257; AIR1961Mys257
..... special form of procedure prescribed by any other law.the sessions court while hearing and disposing of an appeal under section 78 of the bombay village panchayats act, is really exercising a special jurisdiction and not the ordinary jurisdiction attributable to it under the provisions of the code of criminal procedure. while exercising ..... the ordinary civil or criminal courts. it is a special jurisdiction conferred upon these specially constituted tribunals in accordance with the provisions of the act already referred to by us. in respect of that special jurisdiction, special procedure is also prescribed and only one appeal against the orders and decrees ..... before them. chapter viii deals' with the execution of decrees and orders of the nyaya panchayats.this brief survey of the three chapters of the act clearly indicates that in respect of certain matters nyaya panchayats are constituted into courts exercising jurisdiction which, in their absence, would have been exercised by .....
Tag this Judgment!Court : Mumbai
Reported in : (1961)63BOMLR189
..... accident. but the plaintiff claimed from the administratrix of the deceased damages for personal injuries sustained by her. it was contended that section 3 of the road traffic act, 1934, would protect the defendant against any liability because it provided that the speed limit on motor vehicles should not apply to any vehicle when used for ..... purposes. it was, however, held by mr. justice me. nair in the queen's bench division that the exempting provision of section 3 of the road traffic act, 1934, did not qualify a police driver's criminal liability for dangerous driving or, indeed driving without due care and attention. the following observations of the learned ..... such as riots, communal or other disturbances, strikes, etc. rule 360 refers to the personnel of the police motor transport. rule 361 refers to the appointment and control 'of the police motor transport staff. rule 362 deals with the subject of driving licence and uniform. rule 363, with which we are concerned, deals with the .....
Tag this Judgment!Court : Allahabad
Reported in : [1961]41ITR577(All)
..... for all the unrest and disorders of the body politic will be found in the application of christian principles to all human relationships. and whereas i believe the drink traffic to be one of the most subtle and effective forces in preventing the successful application of these principles and i therefore hope and trust that active steps will be ..... defined to be law, virtue, legal or moral duty, and they held that the words were too vague and uncertain for the administration of them to be under any control.in lokamanya tilak jubilee national trust fund, in re, the objects of the trust were for purposes which might, in the opinion of the committee, be national or of ..... construction of the trust deed dated march 15, 1919, the income of the assessee was exempt from the income-tax under section 4 (3) (i) of the indian income-tax act ?'the facts stated by the appellate tribunal are as follows : sheo narain misra, son of pandit sheo dhar misra, and ganesh shanker vidhyarthi, son of b. jai narain, .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1961SC232; [1961]1SCR809
..... asserted his right as a trader against legislative encroachment. in james v. state of south australia ((1927) 40 c.l.r. 1) s. 20 of the dried fruits export control act, 1924, was struck down. in james v. cowan ((1932) a.c. 542) s. 28 was challenged, whereas in the last case of james v. commonwealth of ..... and any alleged transgression either by parliament or the state legislature of the limits imposed by the constitution is justiciable. 76. trade and commerce do not mean merely traffic in goods, i.e., exchange of commodities for money or other commodities. in the complexities of modern conditions, in their wide sweep are included carriage of persons ..... freedom envisaged by art. 301 does not include immunity from taxation and that freedom means that there shale be no trade barriers or tariff walls shutting out commodities, traffic and intercourse between individuals, and no shutting in. 10. in order fully to appreciate the implications of the provisions of part xiii of the constitution, it .....
Tag this Judgment!Court : Karnataka
Reported in : 1962CriLJ441
..... well accepted canons of interpretation. the several sub-sections of section 32, in a measure, take in portions of a few other provisions contained in the 'act'. this is certainly indicative of the fact that section 32 exhaustively deals with the law relating to relevancy of statements made by persons mentioned therein. such an ..... , gurusangayya and amatigouda, by comparing those signatures and writing with those found in other documents whose genuineness were either admitted or presumed under section 90 of the 'act'. sri gajjar fully supports the case of die contesting defendants. on the other side the plaintiff has examined sri parmeshwar dayal (ex. 753) a private expert ..... and 161) a jurist of repute and the author of the 'act'.31. most of the decided cases which have taken the view that 'statements' that are inadmissible under section 32 may still be admissible under section u have further stated that section 11 is controlled by section 32. this statement of the law is rather puzzling .....
Tag this Judgment!Court : Allahabad
Reported in : [1961]42ITR517(All)
..... that the assessee were a firm of clyde stevedores, who at the material time carried on their employers liability risk instead of insuring claims under the workmens compensation act or at common law. for the purposes of the firms excess profits tax the relevant chargeable accounting period was a period of nine months ending december 31, 1945 ..... an agreement to refer disputes to arbitration. thirdly, that nomination was made by each of the parties of two arbitrators. it was when they refused to continue to act that an arbitrator was appointed under the rules. it would therefore appear that from the very outset, having regard to the speculative nature of the transactions, it was ..... possible by made in the accounts of that period.learned counsel for the department invited our attention to the provisions of section 10(2a) of the income-tax act which reads as follows :'10. (2a) where for the purpose of computing profits or gains under this section, an allowance or deduction has been made in the .....
Tag this Judgment!