Court : Mumbai
Reported in : AIR1960Bom353; [1960]40ITR624(Bom)
..... furnished inaccurate particulars thereof. it is a matter of common knowledge that during the period of the last war large fortunes were made by businessmen and controls imposed by the state on prices and distribution of commodities were often evaded and secret profits were made and kept out of the books and were often ..... of the union, it has been my endeavour to point out, is distinctive, and must be differentiated. moreover, the union of india naturally has to act and acts through the instrumentality of various departments and authorities some of which it is quite conceivable may and some of which may not be amenable to the jurisdiction ..... constitution to the income-tax investigation commission located in delhi and investigating the case of the petitioner under section 5 of the taxation on income (investigation commission) act, 1947, although the petitioners were assessees within the u.p. state and their original assessments were made by the income-tax authorities of that state. mukherjea, .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1960Raj201
..... must be essentially judicial. 12. in natesa pillai v. c.r.t. board egmore, madras, air 1952 mad. 39 the main question was whether the central road traffic board which was the appellate authority from the orders of the regional transport authority could give to the ap-pellant any relief with respect to a matter which was not ..... in all provisions of law creating such a power. 17. at this stage we may refer to section 64-a as it has been introduced into the act by amendment act no. 100 of 1956. this section makes a provision for revision to the state transport authority against the orders of a regional transport authority wherein no appeal lies ..... by the order of the appellate tribunal dated 31-10-1957, and, therefore, the regional transport authority and the other respondents in writ petition no. 49 of 1958 acted in excess of their authority in stopping the petitioners from plying their stage carriages via khirni. it is, therefore, prayed that these respondents be directed not to interfere with .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1960)62PLR201
..... right cannot be said to contain the quality of reasonableness and unless it strikes a proper balance between the freedom guaranteed in art. 19(1)(g) and the social control permitted by clause (6) of art. 19, it must be held to be wanting in that quality. in state of madras v. v. g. row, air ..... difficult of ascertainment; that the choice of measures if for the legislature; that the legislatures are presumed to have investigated the subject and to have acted with reason, that an act of the legislature should be sustained unless it violates constitutional limitations beyond reasonable question and that a law will not be declared unconstitutional unless unconstitutionality ..... is clear.they have ignored the objects which the framers of the pre-emption act had in mind and have assigned no reason for taking a view contrary to that taken in air 1954 punj 55. they have completely ignored the historical .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1960Kant338; AIR1960Mys338; ILR1959KAR740
..... the report of a commission appointed under clause (1) of art 340, by order specify and also to the anglo-indian community.'article 339 provides for the control of the union over the administration of scheduled areas and the welfare of scheduled tribes. article 340 reads as follows :'(1) the president may by order appoint ..... provision for judicial review of legislation as to its conformity with the constitution, unlike in america where the supreme court has assumed extensive powers of reviewing legislative acts under cover of the widely interpreted 'due process' clause in the fifth and fourteenth amendments. if, then, the courts in this country face up to ..... legislature, cannot decide who the socially and educationally backward classes of citizens are and make provision for such classes. he contended that it is the president acting under art. 340 of the constitution who alone can determine which are the socially and educationally backward classes of citizens in the territories of india. it .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1960SC122; [1960]1SCR909
..... 9) statement of agricultural stock. 17. for better particulars of the respective duties of a village headman and a patwari, the provisions of the punjab land revenue act, 1887 (act xvii of 1887), and the rules made thereunder, particularly r. 20 thereof, and chapter iii of the punjab land records manual may conveniently be referred to. 18 ..... the category of 'revenue officers.' (ii) village accountants : the second group of officers in clause (f) of sub-s. (7) of s. 123 of the act are the village accountants, such as, patwaris, lekhpals, talatis karnams and the like. a careful study of the functions of the enumerated officers discloses that they are only ..... j.1. this appeal by special leave raises the question of true construction of the provisions of s. 123(7) of the representation of the people act, 1951 (hereinafter called 'the act'). the material facts may be briefly stated : sardar gurmej singh, the appellant, sardar partap singh kairon, the present chief minister of the state of punjab .....
Tag this Judgment!Court : Orissa
Reported in : AIR1960Ori205
..... challenged to be illegal and void, was based on the definition of 'newspaper establishment' found in section 2(d) of the act. 'newspaper establishment' is there defined as 'an establishment' under the control of any person or body of persons, whether incorporated or not, for the production or publication of one or more newspapers or ..... electric project, is in orissa. that is to say, the place wherefrom the project is being controlled is in orissa -- the power house which generates electricity is in orissa -- the machinery, works etc. are all in orissa. the act does not contemplate a joint reference by two governments. in fact, no joint appropriate government is contemplated ..... (act xiv of 1947) means :'(i) in relation to any industrial dispute concerning an industry carried oh by or under the authority of the central government or by a railway company or concerning any such controlled industry as may be specified in this behalf by the central government or in relation to an industrial dispute .....
Tag this Judgment!Court : Mumbai
Reported in : (1960)IILLJ301Bom
..... material facts may be briefly stated as follows : the petitioner, the nagpur glass works, ltd., nagpur, is a public limited company, registered under the indian companies act, 1913. the company has two departments : one department deals in the manufacture of glassware and the other department deals in the manufacture of metals, such as, burners ..... 16 march 1955, the regional provident fund commissioner, madhya pradesh, nagpur, made a demand upon the petitioner for contributions according to the scheme under the new act in respect of both the aforesaid departments. thereupon, the petitioner-company filed an application under art. 226 of the constitution of india in the high court ..... in a factory only if its provident fund rules with respect to contributions are in conformity with, or are more favourable to, employees than those specified in the act or the scheme.' 13. paragraph 28 relates to transfer of accumulations from the existing provident funds. clauses (4) and (5) provide : (4) 'the .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1961Bom157; (1960)62BOMLR425; [1960(1)FLR63]; ILR1960Bom580
..... material facts may be briefly stated as follows: the petitioner, the nagpur glass works (ltd.), nagpur, is a public limited company, registered under the indian companies act, 1913. the company has two departments, one department deals in the manufacture of glassware and the other department deals in the manufacture of metals, such as, burners ..... -3-1955 the regional provident fund commissioner, madhya pradesh, nagpur, made a demand upon the petitioner for contributions according to the scheme under the new act in respect of both the aforesaid departments. thereupon the petitioner company filed an application under article 226 of the constitution of india in the high court ..... in a factory only if its provident fund rules with respect to contributions are in conformity with, or are more favourable to employees than those specified in the act or the scheme.' paragraph 28 relates to transfer of accumulations from the existing provident funds, clauses (4) and (5) provide: (4) 'the accumulations .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1960SC468; (1960)IIMLJ16(SC); [1960]2SCR609
..... a reasonable suspicion of bias'. the said principles are equally applicable to authorities, though they are not courts of justice or judicial tribunals, who have to act judicially in deciding the rights of other, i.e., authorities who are empowered to discharge quasi-judicial functions.' 16. in view of the foregoing principles ..... fundamental rights the statutory conditions subject to which the licence is given are, obviously, reasonable and necessary for regulating the mining industry. the provisions of the act, as we have already pointed out, were only designed to compel a licensee to keep accounts, produce them before the authorities when required, to prevent ..... did not controvert the position, and indeed conceded that reasonable restrictions can legitimately be imposed on the mining operations of the petitioner. section 4 of the act imposes a prohibition on the possession of, and trading in, mica without licence, proprietor's certificate, or digger's permit. sections 5 and 6 prescribe .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1961Bom48; (1960)62BOMLR634; 1961CriLJ229
..... )iillj259sc :'now, it is no doubt true that the evidence of the respondent and his witnesses was not taken in the mode prescribed in the evidence act; but that act has no application to enquiries conducted by tribunals, even though they may be judicial in character. the law requires that such tribunals should observe rules of natural ..... the report had been afforded to the petitioner'. in dealing with the matter, sinha, j. observes as follows at page 236 :'thus the motor vehicles act and the rules framed thereunder with particular reference to the regional transport authority and the appellate authority do not contemplate anything like a regular hearing in a court ..... by the collector of central excise, bombay, to show cause why the aforesaid gold bullion should not b confiscated under section 167 (8) of the sea customs act. on 26th, november 1957 the petitioners' attorneys requested the collector of central excise, bombay, to furnish to them certified copies of tho statements of witnesses which .....
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