Court : Supreme Court of India
Reported in : AIR1954SC728; (1954)IIMLJ622(SC); [1955]1SCR707
..... this decision the transport authorities were directed to deal with the applications for permits, made by the various private bus owners, in accordance with the provisions of the motor vehicles act, without in any way being influenced by the consideration that the state government wanted to run buses of their own on certain routes. 2. ..... thirdly, - and this is the result of the constitution (first) amendment act of 1951 - it enables the state to carry on any trade or business either by itself or through a corporation owned or controlled by the state to the exclusion of private ..... , is not tenable having regard to the majority decision of this court in the case of state of west bengal v. ..... we now come to the second point which is in a manner connected with the first and the question is : if the effect of prohibition of the trade or business of the appellants by the impugned legislation amounts to deprivation of their property or interest in a commercial undertaking within the meaning of article 31(2) of the constitution, does not the legislation offend against the provision of that clause inasmuch as no provision for compensation has been made in the act it is not seriously disputed ..... with regard to the second point also we do not think that the learned judges have approached the question ..... in the second place, it has been said that the transport services are essential to the life of the community and it is conducive to the interests of the general public to have an efficient system .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1957Cal186
..... committee has been constituted by government in purported exercise of power conferred by sub-rule (9) of rule 83 of the bengal motor vehicle's rules, 1940, as subsequently amended. ..... that date the appellate sub-committee decided upon a course which is not warranted by the motor vehicles act, 1939 or the rules and this has given rise to all the complications in these matters ..... bengal motor vehicles rules deals with ..... chapter iv of the motor vehicles act, 1939, deals with the control of transport vehicles, that is to say vehicles carrying passengers or goods for hire ..... opinion, the whole matter has proceeded upon a complete disregard as to the provisions which must be followed under the motor vehicles act and the rules. ..... part of rule 83 of the motor vehicles rules runs as follows :'83. ..... , dated july 29, 1953 the governor of west bengal appointed a committee consisting of three members, namely, sri satish chandra roy sinha ..... , west dinajpur; without taking, steps necessary for that purpose under the motor vehicles act, altered the proposal and sanctioned a new route, namely, balurghat to mehendipara, and granted four permits on the said route to the national road and river ..... of this i am not called upon to deal with another point which has been taken, namely, that the act provides for an appeal, and therefore it is not competent for government to constitute a second appellate authority.23. ..... secondly, when it is established, then permits have to be issued in respect of operating in the .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1957Cal395,61CWN195,[1957]8STC142(Cal)
..... on or about the 9th december 1954, the commissioner, commercial taxes west bengal, informed the petitioner that all supplies of motor spirit for aviation purposes were taxable in west bengal at the rate of three annas per gallon, under section 2(a)(i) of the bengal motor spirit sales taxation (second amendment) act, 1954, irrespective of whether the aircraft supplied are operating within indian territory or are proceeding beyond indian territorial ..... by virtue of an amendment introduced by section 2 of the the bengal motor spirit sales taxation (second amendment) act, (act xxxii of 1954) the tax can now be levied in respect of motor spirit for the purposes of ..... under section 2(a)(i) of the bengal motor spirit sales taxation (second amendment) act 1954, motor spirit for aviation purposes is taxable without any distinction as to whether the aircraft 13 operating within indian territory or proceeding beyond indian territorial ..... or about the 9th october, 1054, the petitioner company wrote a letter to the commissioner of commercial taxes west bengal, enquiring as to whether motor spirit supplied for aviation purposes to foreign-bound aircraft would be taxable under the bengal motor spirit sales taxation act as amended. ..... under section 2 of the said act, 'motor spirit' has been defined to be any liquid or admixture of liquids which is ordinarily used directly or indirectly as fuel for any form of motor vehicle or stationary internal combustion engine, having a flash-point below 76 degrees .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1961Cal125,65CWN213
..... bose's case, : [1954]1scr587 , related to purchase of land at a revenue sale and the effect of west bengal revenue sales amendment act 1950 and the question involved property of under-tenures which is very different from the question with which this court is here concerned relating to types of vehicles to be used on the roads.26. ..... there it was a statutory scheme under chapter iv-a of the motor vehicles act and scheme prepared under section 68c of that act and the supreme court discussed how the scheme could be put ..... he fortified his argument on excessive delegation by contending first that the commissioner of police is given uncontrolled power; secondly, that no principles or standards, were indicated in these two sections to guide the commissioner of police; thirdly, the rights of the petitioners which were affected could not be ventilated by any kind of appeal ..... secondly saghir ahmed's case, : [1955]1scr707 comes to the conclusion that all public streets and roads vest in the state which holds them as trustees on behalf of the public and as such the state is entitled to impose all such limitations on the character and extent of the user as may be required for protecting the rights of the public generally but subject to such limitations, the right of a citizen to carry on the business in transport vehicles ..... a bye-law to 'regulate' did not authorise the authority to 'exclude' lumpers from dock, secondly, on the observation of lord davey in toronto (city) municipal corporation v. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1961SC315; [1961]1SCR902; [1960]11STC764(SC)
..... 3 was omitted, and the proviso to the first sub-section was re-enacted, adding one more clause to the following effect : 'the tax on all retail sales of motor spirit for the purpose of aviation, which are effected on or after the date of the commencement of the bengal motor spirit sales taxation (second amendment) act, 1954, shall be charged at the rate of three annas per gallon'. 12. ..... 2(a)(i) of the bengal motor spirit sales taxation (second amendment) act, 1954. ..... further stated in the affidavit of the commercial tax officer as follows : 'i further state that a foreign bound aircraft on leaving dum dum airport consumer a portion of the aviation spirit taken in it a the airport within the territory of west bengal before it moves out of the said territory of the territory of india i do not admit that the entire quantity used outside the territorial limits of india as alleged ........ ..... to the definition of 'motor spirit' quoted by us earlier, an explanation was retrospectively added, which reads as follows : 'explanation - for the avoidance of doubt, it is hereby declared that in this act, the expression 'vehicle' means any means of carriage, conveyance or transport, by land, air or water'. 13. ..... motor spirit was defined to mean, 'any liquid or admixture of liquids which is ordinarily used directly or indirectly as fuel for any form of motor vehicles or stationary internal combustion engine, and which has a flashing point below 76 degrees fahrenheit'. 11. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1964Cal428,68CWN826
..... state of west bengal, 0065/1962 : air1962cal269 that the west bengal land requisition and acquisition act (2 of 1948) passed on march 11, 1948 in spite of the extension of its life and substantial alterations made in it by west bengal ordinance 5 of 1957 and west bengal act 12 of 1957 could not, in view of the decision in lilavati's case, (s) : [1957]1scr721 be regarded as a statute passed or enacted after the constitution (4th amendment) act 1955. ..... ' a motor :vehicles amendment act imposing restrictions on the business of stage carriage operator does not involve the acquisition of a commercial undertaking, see bhikaji narain v ..... the life of the act was extended from time to time -upto 31-3-1953 by act 15 of 1950 passed on 30-3-1950, upto 31-3-1954 by act 10 of 1953 passed on 28.3-1953, upto 31-3-1957 by act 7 of 1954 passed on 29-3-1954, upto 31-3-1958 by ordinance 2 of 1957 passed on 29-3-1957 upto 31-3-1960 by act 9 of 1957 passed on 15-7-1957, upto 31-3-1963 by act 2 of 1960 passed on 19-3-1960, upto 31-3-1984 by act 9 of 1983 passed on 30-3-1983, and upto 31-3-1968 by act 29 of 1963 passed on 15-10- ..... held that section 2 (2) (xxiv) of the defence of india act and rule 75-a of the defence of india rules authorising the requisition of immovable property was ultra vires the central legislature, and was not authorised by entries 9 and 21 in list ii of schedule vii of the government of india act, 1935, read with section 102 and the proclamation of emergency during the second world war .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1965Cal177
..... it was said that the inclusion of the west bengal act as amended by west bengal act 29 of 1951 by the constitution fourth amendment act of april 27, 1955 protected the act, if at all, in the form in which it was up to 1951 and could not give it any immunity when the west bengal act was further amended by the west bengal act 23 of 1955 which came into force in september 1955. ..... it was argued that as proviso (b) to section 8 (1) of the west bengal act had been amended after the date of the constitution fourth amendment act the west bengal legislature was trying to alter the constitution by affecting the ninth schedule which it was not competent to do.9. ..... transport service act 1955 did not, on the passing of the motor vehicles (amendment) act (central act of 1956) become wholly void under article 254(1) of the constitution but continued to be a valid and subsisting law supporting the scheme already framed under the u. p. ..... act had become void and secondly that by reason of article 254 of the constitution the impugned u. p. ..... secondly, it was contended that it was not a 'law in force' before the commencement of the constitution and further being inconsistent with the provisions of part iii of the constitution was void. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1965Raj175
..... it will be useful to quote the objects and reasons, appended to the motor vehicles (amendment) act, 1956, which resulted in section 36 being altered in its present ..... (iv) that section 36(1) of the motor vehicles act contemplates consideration of other relevant factors such as engine condition, condition of road and condition of tyres but the authorities had not taken these factors into consideration and have thus failed to perform their statutory duty; (v) that the increased or the additional tax could not be realised without a proper amendment of the registration certificate and the permits of the vehicle; (vi) lastly it was argued that the tax cannot be increased ..... learned counsel for the petitioners have addressed us on the following points :(i) that the notification of the rajasthan government dated 2-3-1959 purporting to be issued under section 36 of the motor vehicles act was bad inasmuch as it was not in accordance with law; (ii) that the rajasthan government could not have issued the notification without the approval of the government of india, and as the required approval was ..... this amendment was, therefore, not made with any other consideration, such as to enable the exchequer to collect more taxes.shri raj narain, the learned deputy government advocate has contended that the statement of objects and reasons accompanying a bill cannot be used to determine the true meaning and effect of the substantive provisions of the statute, and he relies on state of west bengal .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1968Cal1,71CWN719
..... in that case, what was challenged was sections 4 and 9(1) of the west bengal criminal law amendment (special courts) act (21 of 1949) unlike the impugned act in anwar ali's case (supra) this act contained a schedule of offences which could be tried by the special courts patanfali ..... it will be remembered that under the proviso to section 1 of the west bengal premises tenancy act, 1956 premises belonging to government have been excluded from the operation of the act in the full bench case of air 1903 all 528 the allahabad high court was considering the vires ..... belonging to government is in a somewhat worse position than a person holding private lands the proviso to section 1 of the west bengal premises tenancy act, 1956 states that the 1956 act does not apply to any premises belonging to government. ..... person does not really succeed in evicting a trespasser from his land until the matter has passed through several courts, each taking years to decide the dispute with suits giving rise to first appeals, second appeals, and revisions and then petitions for writs with special appeals and orders staying execution of decrees a person would be fortunate if he succeeds in getting possession back from a trespasser in less than ..... case under the motor vehicles act, 1939 as amended by act 100 of 1956. ..... 1984 a copy of the said notice is annexed to the petition and marked with the letter 'a' on the 20th april, 1964 the company, through one of its directors, objected to comply with the said notice a .....
Tag this Judgment!Court : Delhi
Reported in : ILR1972Delhi535
..... the delegation was not unguided or uncontrolled; that the first limitation inherent in the provision was that the tax could be imposed by the board only for the purposes of the district boards act and the second limitation was that the power could not exceed the power of the state legislature and then there was the further limitation that tax could be imposed only with the previous sanction ..... also received from a municipal commissioner for grant of further exemptions from the payment of proposed advertisement tax which were considered by the committee and the amendments were referred to the chief commissioner for approval who by notification dated 1st september, 1958 finally approved the amendments which were noticed by the committee on 30th september, 1958 and the tax was levied with effect from 1st may, 1958 subject to the ..... wished and leaving hers similarly situate outside the mischief of the section and the statutory provision was struck down on the ground of hostile discrimination following, the decisions of the supreme court in state of west bengal vs . ..... the court struck down section 12 of the travancore-cochin vehicles taxation act 14 of 1950 as exceeding the limits of valid delegation on 'the ground that a maximum levy had riot been .specified by the legislature and it was open to the government to treat acircumstance as a special circumstance and the only ..... the next authority relied upon by the counsel for the opposite party is standard motor union (private) limited vs . .....
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