Court : Karnataka
Reported in : AIR1959Kant17; AIR1959Mys17; (1958)36MysLJ558
..... in my opinion the said rule is ultra vires the section and shall have to be struck down.in the case reported in v. t. thomas v. secretary, central road traffic board : air1957ker187 , the high court of kerala took the view that rule 162, as it stood, was ultra vires of even the old section 58. in any event, ..... effective for such period as the authority may specify in the order of renewal and this result follows from the words 'without renewal' appearing in section 58 (1) of the act.14. the calcutta case, on which the learned advocate relies, viz. : air1945cal260 , does not, in my opinion, deal with this point. in that case, their lordships ..... case, viz., whether or not the intention of the legislature was to treat the renewal as continuation of the previous permit, on consideration of the other provisions of the act bearing on this question. in my opinion, therefore, the officer concerned violated the mandatory provisions of the statute and has granted renewal of the 1st respondent's permit .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1959Kant158; AIR1959Mys158; 1959CriLJ746
..... . notice-returnable 19-11-1956 was issued to the respondents therein (i.e., petitioners before me). before the matter could proceed further, the states reorganisation act (central. act 37 of 1956) came into force and consequently a part of the territory which was-subject to the jurisdiction of the district munsiff's court of puttur ..... a part of the territory of the kerala state.the petitioners, therefore, raised the preliminary objection that by virtue of section 125 of the states reorganization act order p. 117/1956 automatically stood transferred to the court of the district munsiff of kasargod in kerala state. this preliminary objection was upheld by the ..... munsiff of puttur does not stand transferred to any court outside the territory of the mysore state by virtue of section 125(1) of the states reorganisation act. consequently, the court of the district munsiff kasargod has no jurisdiction either to entertain or dismiss that application. its order dismissing the petition for default is .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1959Kant65; AIR1959Mys65; 1959CriLJ347; (1958)36MysLJ744
..... in section 196 of the code of criminal procedure which comprises such offences as promoting enmity or hatred between different classes of citizens, deliberate and malicious acts intended to outrage religious feelings of any class of citizens, publication of statements intended to cause disaffection in the army or to cause alarm whereby persons ..... that section reads as follows :'198-b. (1) notwithstanding anything contained in this code, when any offence falling under chapter xxi of the indian penal code (act xlv of 1860) (other than the offence of defamation by spoken words) is alleged to have been committed against the president, or the vice-president, or the ..... disturbances in belgaum in consequence of which orders were issued under section 144 of the criminal procedure code and also under section 37(1) of the bombay police act by the district magistrate of belgaum. breaches of these orders were committed or attempted to be committed by certain agitators and some were arrested and remanded .....
Tag this Judgment!Court : Karnataka
Reported in : [1960]38ITR197(KAR); [1960]38ITR197(Karn)
..... code of civil procedure, execute be decree passed against a firm even against a partner individually. so also the collector under section 46(2) of the income-tax act acting under a certificate for recovery of tax due from a firm can recover the tax from the partners individually. this argument, however, is not available because under ..... themselves. a decree against a firm, therefore, is really a decree against all the partners individually. such a situation. however, is not available under the income-tax act under which an unregistered firm is assessed as a separate entity distinct from its partners. 16. the learn government pleader also pressed upon us the rule of construction ..... district, to recover from the petitioner income-tax due by the said firm on the strength of a certificate under section 46(2) of the indian income-tax act issued by the first respondent, the income-tax officer. special survey circle, bangalore. 2. for the assessment year 1953-54 the said firm was assessed as an .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1960All484
..... a special or particular matter, namely, government servants and termination of their services. the maxim 'generalia speci-alibus non derogant', that is, 'special provis-ions will control general provisions' applies. as the tudicial committee observed in barker v. edger, (1898) ac 748 at p. 754 that when the legislature has given its attention ..... vital matters as promotions, selection for higher posts, termination of service and particularly, re-trenchment. but the provisos completely ignore every stage after the initial act of employment or appointment. the inference must be that the stage after the initial appointment stage was not in the mind of the makers of the ..... clauses and which reserve to the state certain powers in the matter of employment and appointment to office, are concerned only with powers relating to initial acts of appoint-ments. they completely ignore matters which may arise after appointment and during service. the omission is significant. it shows that the makers of .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1959SC694; [1959]Supp2SCR227
..... guided by such directions. as an appellate tribunal the central road traffic board is empowered to dispose of the appeals preferred against the orders made by the subordinate authorities under the act in respect of specified matters. but the central act did not make any provision enabling the state governments to control either the quasi-judicial or the administrative wings of the machinery provided ..... subordinate authorities. so too, while the central road traffic board could in its appellate jurisdiction set aside or modify the orders of the subordinate tribunals, the state government was not in a position to set aside the improper orders of the tribunals under the act. presumably, therefore, to bring the said authorities under its control, both on the judicial and the administrative wings .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1960Kant33; AIR1960Mys33
..... subsequently vacated, the time for production of the registration certificate should be calculated from the date of receipt of the order of government confirming the central road traffic board's order. if, however, the applicant acquired the vehicle and is liable to produce the certificate of registration thereof within the four months' time allowed ..... reads :134. effect of appeal and revision on orders passed by original authority--* * * * * (2) no order made by a competent authority under this act shall be reversed or altered on appeal or revision on account of any error, omission or irregularity in the proceedings, unless it appears to the prescribed appellate authority or ..... in contravention of its provisions was clearly outside its competence.(46) although in our opinion the violation of the provisions of s. 57(3) of the act was, in this case a mere curable irregularity, we should, i think, impress upon the regional transport authorities in the state the necessity for meticulous adherence .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1960Kant90; AIR1960Mys90
..... he wants to put on the road if the permit is granted to him. he has referred us to rule 163 of the rules framed under the madras board traffic code, 1940, which is operative in the present by a person even after it is decided that the permit in question should be given to him.(6a) rule 163 ..... judgment in that case, abserved as follows:'further, as pointed out by mr. karanth, the notification published by the regional transport authority under s. 57(2) of the act, itself contained the particulars of the type and seating capacity of the vehicle which had to be used. it therefore became quite superfluous for the petitioner to state those particulars ..... shall contain the particulars mentioned therein and that an application, which does not contain those particulars, cannot be said to be an application for permit under the motor vehicles act. i have already referred to s. 46, as it stood prior to its amendment. the said section is clearly mandatory in its terms. it provides that the particulars .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1961Bom69; (1960)62BOMLR651
..... procedural nature. it is no doubt true that this rule does contain mandatory language, for it provides that every order or notice made or issued under the act or these rules shall be served by registered post acknowledgment due and furthermore that 'ordinarily a notice of at least fifteen days shall be given'. but merely ..... custodian as an owner with the rights of an owner; it would vest in him only for the purposes set out in the administration of evacuee property act. the contention of mr.dalai therefore that tile property absolutely vested in the central government, that the property therefore belonged to the government and therefore was ..... evacuee property. on or about the 10th of june 1955 by virtue of a notification issued under section 12 of the displaced persons (compensation and rehabilitation) act of 1954 the property became acquired property whereupon the said property became vested absolutely in the central government free from all encumbrances. thereafter the property was sold .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1960All362; [1960(1)FLR44]
..... nonjoinder and reliance was placed on rule 13 of order i c. p. c. 8. section 80 of the indian railways act lays down that a suit for compensation for injury to through booked traffic has to be filed against the railway administration on whose railway the injury has occurred. in the assam case compensation was claimed under ..... in regard to the running of the oudh and tirhut railway by the general manager. we find that section 3 sub-section (6) of the indian railways act, 1890 (act no. ix of 1890) defines railway administration as 'railway administration or administration in the case of a railway administered by the government means the manager of the ..... commissioner for workmen's compensation framed several issues. issue no. 4 was in the following terms : 'can a suit under section 3 of the workmen's compensation act be brought against the general manager oudh tirhut railway without impleading the governor general?' the commissioner for workmen's compensation by his order dated 29-3-1949 found .....
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