Court : Mumbai
Reported in : AIR1979Bom230
..... has been defined by sub-section (30) of section 2, whereas the word 'teacher of the university' has been defined by sub-section (31) of section 2. on a proper construction of the definition of the 'teacher of the university' it appears that they are the teachers who are giving post-graduate instructions and are required to be recognised as such .....
Tag this Judgment!Court : Mumbai
Reported in : 1978(2)ELT680(Bom)
..... . mr. parekh submitted that a substantial question of law of general importance arose for determination of this court in this appeal, that question being whether on a correct construction of section 3 of the central excise and salt act, 1944, and in rule 9a of the central excise rules, 1944 is duty of excise on excisable goods ..... levied only by that section and since that section used the words 'on all excisable goods other than salt which are produced or manufactured in india,' the true construction of that section would be that the duty of excise could only be levied on goods which are manufactured or produced in india, provided that at the date of ..... be removed from the mills' factory. to this contention a preliminary objection was taken by mr. parekh learned counsel for the respondents. that preliminary objection was that the construction now sought to be placed upon the said act and rules on behalf of the appellants ran counter to the two trade notices we have earlier referred to. this .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1975Guj102; (1975)0GLR204
..... order passed by the learned judge is not appealable, this ' appeal should be treated as a revision and should be disposed of as such.12. i find that on true construction of section 299 of the act, an order passed by a probate judge would be appealable only if it is passed by virtue of the powers conferred upon him under .....
Tag this Judgment!Court : Mumbai
Reported in : (1972)IILLJ434Bom
..... respondent-corporation sometime in july, 1948 and after certain promotions and proceedings to which it is unnecessary to refer, he was transferred on october 1, 1962 to the loan works construction branch, byculla, and was assigned the work of laying the 6' water-main in the proposed footpaths on either side of peder road in addition to other works in progress .....
Tag this Judgment!Court : Allahabad
Reported in : (1900)ILR22All123
..... this matter the argument ab inconvenienti is, in my, opinion, overwhelmingly strong. it is clear from the arguments which we have heard to-day that unless the construction put on section 69 by the learned chief justice be adopted, it will be impossible for any but the smallest municipalities in these provinces to cope with the ..... the same answer to the question propounded as has been given by the chief justice, and i find myself constrained to that conclusion by the consideration that another construction would impose on municipal boards burdens absolutely intolerable. the section appears to me to be unfortunately drawn, and there are points of view from which i should ..... board had, as in the other case, itself determined on a prosecution by resolution passed at one of its meetings. it appears to me that such a construction involves two consequences, each of which is sufficient to condemn it. the first is that it renders the concluding words of the section absolutely superfluous. the second .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1965SC1107; [1965]2SCR477
..... in earlier fishery legislation raising no question of legislative competence matters are dealt with not strictly within any ordinary definition of "fishery" affords no ground for putting an unnatural construction upon the words "sea coast and inland fisheries". lastly, it may be pointed out that the territory of india now embraces what were formerly the territory of ruling ..... considerable reliance on the reference in the hingir-rampur coal co.(4) to the decision of the privy council in attorney-general for british columbia v. esquimalt and nanaimo railway co.(3) and to the explanation of the rationale of those decisions of this court :- "it would thus appear that this decision proceeded on the basis that what ..... that it is not a tax, still these are not decisive, for as was held by the privy council in attorney-general for british columbia v. e. & n. railway co.(1) which has been approved by this court in the hingir rampur coal co. ltd. and ors. v. the state of orissa and ors. (2) to which .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1961SC751; 1961CriLJ773; (1970)ILLJ670SC; [1961]2SCR679
..... that all statutory rules vis-a-vis the disciplinary proceedings taken against a government servant are administrative directions, and the other applies the well settled rules of construction and holds thaw the appropriate authority is bound to comply with the mandatory provisions of the rules in making an inquiry under a particular statute. a close ..... regard, inter alia, to conditions of service without impinging upon the overriding power recognized under art. 310. 18. learned counsel for the respondent contends that this construction is inconsistent with that prevailing in the english law and that the intention of the framers of the constitution could not have been to make a radical departure ..... the validity of the act done in disregard of them.' 41. this passage was accepted by the judicial committee of the privy council in the case of montreal street railway company v. normandin l.r. [1917] a.c.170 and by this court in state of u.p. v. manbodhan lal srivastava : (1958)iillj273sc 42. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1960Cal190
..... for price of work done and labour and materials supplied.26. in march 1945 tenders were invited on behalf of the government of india, public works department, for construction of certain temporary buildings for officers' quarters in calcutta. the plaintiff who carries on business of a building contractor at 16, mangoe lane, calcutta, submitted his tender ..... and schedule of the quantities of work to be done, and this tender was accepted on behalf of the government of india. although the tender was for construction of temporary structures with raneegunje tiles roofing or corrugated iron-sheets roofing, the plans, specifications and drawings which were actually handed up to the plaintiff when he commenced ..... and that the price of the work done had to be determined by the court on the basis of fair and reasonable rates. it was found that the railway was liable to pay the amount thus assessed to the plaintiffs on the 26th of july 1925 and the plaintiffs claimed, interest on the money for the .....
Tag this Judgment!Court : Mumbai
Reported in : (1936)38BOMLR790; 165Ind.Cas.637
..... act in the case of a toll by section 116.5. i myself delivered the judgment in appa tandel's case, and i may admit that, so far as the construction of the rules is concerned, some of the considerations on which we relied in that case impress me less than they did, one of the questions discussed in that case .....
Tag this Judgment!Court : Chennai
Reported in : (1904)14MLJ226
..... ; 'presumes a usual and ordinary state of things rather than a peculiar and exceptional condition...legality than crime and virtue and morality rather than the opposite qualities; which demands a construction of evidence as well as of written language ut res magis valeat quam pereat.' some are maxims, others mere inferences of reason, others rules of pleading, others are variously applied .....
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