Court : Mumbai
Reported in : AIR1968Bom400; (1967)69BOMLR808; 1968CriLJ1584
..... may be a relevant fact.66. mr. jethmalani contended that section 54 which makes the character of an accused person irrelevant in a criminal proceeding controls all the other sections in the evidence act, and therefore, evidence of anything offered by the prosecution, if it tends to show the bad character of the accused, cannot be admitted at all. ..... mediate through its tendency to prove another cognate offence, it is excluded. i do not think the rule in the indian evidence act was intended to go beyond this'.this case does not say that section 54 wholly controls the other sections, as is contended.68. after this case was decided, came decision in (1894) ac 57, where the ..... 14 or section 15, merely because it might show previous misconduct of the accused, it is not inadmissible because of section 54. in other words, section 54 would not control the other sections. similarly, in (1952) 1 all elr 1044 (house of lords) the principle in makin's case, 1894 ac 57, was reaffirmed and it was further .....
Tag this Judgment!Court : Mumbai
Reported in : (1968)70BOMLR817; (1969)IILLJ509Bom
..... affidavits that in most of the tailoring establishments the stitchers regularly worked in the establishments under the control and supervision of the respective owners of the establishments and that, therefore, they were the employees within the meaning of the act. we are in agreement with this finding of the learned single judge. we do not think ..... of clause (6) of s. 2 of the bombay shops and establishments act, 1948.'13. it is quite clear from this pleading that it was the case of respondent 2 that these stitchers do regular work in the establishments and are under the control and supervision of the owners of such establishments. we shall show presently ..... that it is precisely this control and supervision which is the hall-mark of an employee. over and above this statement, respondent 2 has also alleged that these persons 'are employee within the meaning of clause (6) of s. 2 of the bombay shops and establishments act, 1948.' these are denials which are sufficient .....
Tag this Judgment!Court : Mumbai
Reported in : (1967)69BOMLR603; 1967MhLJ915
..... be so implemented or administered or given effect to as to nullify other clauses of article 15 or article 29 and, therefore, strict supervision control and circumspection are required to be observed in implementing these rules.15. now, so far as the petitioners in special civil application no. 876 ..... and scheduled(2) scheduled tribes ... tribes lists (modification) order, 1956 asadopted for maharashtra state vide part viiaof the seventh and eighth schedules of thebombay reorganisation act, 1960.(3) other backward classes which will include- (a) nav buddhas i.e. scheduled castes converted to buddhism ;(b) tribals residing outside the specified ..... ... ... 15the last category describes students who had obtained a local diploma in medical practice and that not being a registerable qualification under the indian medical councils act, provision was made for their obtaining a medical degree by reservation of certain seats in the local medical college. the number of seats has been fixed on the .....
Tag this Judgment!Court : Mumbai
Reported in : [1968]67ITR449(Bom)
..... the original assessment itself was liable to be reopened under section 62. it has also been urged for the assessee that the grounds upon which the deputy controller could have acted under section 62 of the act prior to amendment have not at all been made out. this is not admitted on behalf of the department. the department urges that the deputy ..... any property in any case other than a case in which the valuation has been the subject-matter of an appeal under the act (old act), or (3) the omission of any property. if these grounds exist, then the controller could exercise one of two powers, viz., (a) to refund the excess duty paid, or as the case may be, (b) ..... the department. 61. some reference was made in the arguments to the definition of 'manager' in the old companies act and to the new definition of 'managing director' in the present indian companies act to speed out the powers of control. we do not think that we need go into those definitions upon the view that we have taken in the .....
Tag this Judgment!Court : Mumbai
Reported in : [1969]71ITR713(Bom)
..... share. even assuming for the sake of argument that when the amount of his share of the profits is credited to his account and it is an amount under his control, still it has been held that in such a case he must be held to have collected that amount for and on behalf of the true owner, the charge- ..... : 'while their lordships are disinclined to entertain any argument from the system to the other, they would infer, if any inference were permissible, that the omission from the indian act of any such provision points rather to an intention to tax, in lord davey's phrase, only 'the real income' of the taxpayer, than to an intention to impose, ..... of income-tax legislation, the principle of deduction of tax at source was introduced and, therefore, deductions which were formerly authorized were prohibited, but under the indian income-tax act there was no similar provision for deduction of tax at source and the consequent reimbursement of the taxpayer in the case of such a charge as that to which the .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1969Bom401; (1969)71BOMLR214; ILR1969Bom864; 1968MhLJ797
..... some railway which has actually dealt with the goods and not to others. in this approach, we do not think that section 80 of the railways act either furnishes a clue or controls the interpretation. section 80 is an independent provision made to point out the statutory liability irrespective of a contract.48. so far as section 80 of ..... of any specific enactment either in section 77 or in section 140 indicating the particular general manager, to whom notice ought to be given in a case of through traffic carried over more than one zonal unit of the government railways, notice to any one such general manager is sufficient compliance with these provisions. we are in respectful ..... the purposes of, or in connection with, a railway; and (d) all ferries, ships, boats and rafts which are used on inland waters for the purposes of the traffic of a railway, and belong to or are hired or worked by the authority administering the railway;' 24. mr. tambe argued that the essence of this definition of 'railway .....
Tag this Judgment!Court : Mumbai
Reported in : (1968)70BOMLR654
..... f) and 19(1)(g) of the constitution. in reply it was pointed out that by a notification issued under the sugar (control) order, 1955, which was made under the essential, commodities act, 1955, the price of sugar for internal sales was increased so as to enable the owners of sugar factories to recoup the loss ..... practice of untouchability and provides that the enforcement of any disability arising out of untouchability shall be an offence punishable in accordance with law. article 23 prohibits traffic in human beings and forced labour. article 24 prohibits the employment of children below the age of 14 in any factory or mine. since the fundamental rights ..... exclusion of the state legislatures of making laws on certain topics referred to in part iii, such as abolition of untouchability and prohibition of forced labour and of traffic in human beings. article 35 says that 'notwithstanding anything in this constitution', parliament shall have, and the legislature of a state shall not have, power to .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1970Bom59; (1969)71BOMLR253; ILR1970Bom68; 1969MhLJ234
..... court in union of india v. bhanamal gulzarimal ltd., : [1960]2scr627 , upholding the validity of that clause. precisely the same provision of the iron and steel (control of production and distribution) order, 1941, was under examination in that case and has been upheld by the supreme court as not being unconstitutional on the ground of ..... . bharucha v. excise commissioner, : [1954]1scr873 . unfettered power to fix the rate of tax was also conferred upon the government by ' the matches (excise duty) act, 1934 (act xvi of 1934) section 4 (b) by which duly was levied 'on all other matters at such rate as the central government may prescribe' and the sugar (excise ..... type was held as constitutional. it is then observed:'instances of legislation in this country providing for flexible rates of tax are furnished bv the indian tariff act of 1934 (act xxxii of 1934) ss. 4, 8 and 9 empowering the government to alter protective duties, to impose additional import duty on bounty-fed articles, and .....
Tag this Judgment!Court : Mumbai
Reported in : (1969)71BOMLR713; (1969)IILLJ619Bom; 1969MhLJ171
..... been taken by the person who could be said to be an employer, i.e., with whom the contract of service is enter into or who is entitled to control the action or acts of the employee. as the definition would show, the agent of the employer or the head of the department in which the employee is engaged, or the chief ..... we have therefore to see in this case whether the person who passed the order terminating the services, namely, the officer on special duty, sri i. s. nanjiani, could answer the description of the employer as defined in the act. 39. ..... executive officer of the local authority, or any other person who has control for the time being in carrying on the industry, are all included in the definition of employer. .....
Tag this Judgment!Court : Mumbai
Reported in : [1969]39CompCas595(Bom)
..... rank pari passu and that in any action they may choose to take against the property of the company, they must be subject to the control of the court. the position under the old companies act was thus stated by the federal court in governor-general in council v. shiromani sugar mills ltd. (in liquidation). ( ). 'section 171 ..... before judgment, there need be no attachment in execution for the purpose of selling the property as the court by reason of the attachment before judgment had got control over the property and could proceed with the sale. in kuppuswami v. rangai goundan : air1962mad383 , though the earlier decisions of the madras high court were not ..... to be entitled, the provisional liquidator is entitled to take it in his custody or under his control. in this connection mr. advani has relied upon fatechand tarachand v. parashram maghanmal : air1953bom101 , a case under the presidency towns insolvency act, 1909. in that case in execution of a decree by attachment and sale, the stock-in .....
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