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Naib Singh S/O Makhan Singh Vs. State of Punjab and ors.

Court : Supreme Court of India

Reported in : AIR1983SC855; 1983CriLJ1345; 1983(1)SCALE425; (1983)2SCC454; [1983]2SCR770

..... on the other hand counsel for the respondents seriously disputed that either the old sentence of 'transportation for life' or the new sentence of 'imprisonment for life' substituted by te amending act 26 of 1955 was or is executable only by way of banishment or exile of the convicts to overseas penal settlements or that the officers-in-charge of jails could not or cannot confine them in the jails within the country for executing or ..... further, on the aspect of the nature of the punishment counsel contended that having regard to the insertion of a new section, section 53-a in the indian penal code by the amending act 26 of 1955, which is in the nature of an interpretation clause it would be clear that parliament intended that a sentence of 'imprisonment for life' should be equivalent to rigorous imprisonment for ..... counsel pointed out that great reliance was placed by the privy council on section 58 of the indian penal code, which was in force then (since repealed by amending act 26 of 1955), but urged that that section merely provided for the temporary or transitory detention and treatment of the offender in local jail pending his deportation beyond the seas and therefore that ..... as regards the nature of punishment required to be suffered under the sentence of 'imprisonment for life' substituted for 'transportation' by the amending act 26 of 1955 counsel for the petitioner urged that, its nature not having been defined anywhere, it cannot be equated to, rigorous imprisonment for .....

Vallabhaneni Lakshmana Swamy and anr. Vs. Valluru Basavaiah and ors.

Court : Andhra Pradesh

Reported in : 2004(5)ALD807; 2004(5)ALT755

..... into existence and therefore, the decision on the other hand, supports the case of the appellants rather than defendant and therefore, it has to be held that inasmuch as the amended civil court act did not specify that the provisions would effect the pending cases, it has to be only inferred that the intention of the legislation was not to affect the cases or the ..... an.wr 100, the district court, visakhapatnam referred the matter to the high court under section 113 read with order 46, rule 1 of code of civil procedure as to whether madras civil courts (andhra amendment) act, 1955 (1 of 1956) raising the monetary jurisdiction of the subordinate appellate courts coming into force from 1st april, 1956 has retrospective effect so as to affect the right of appeal to the high ..... kerala, : air1995sc1012 , the constitutional bench by majority observed that while holding that in respect of the acquisition proceedings initiated prior to the date of commencement of amending act, the additional amount payable under section 23 (1-a) will be restricted to matters referred to in clause (a) and (b) of sub-section (1) of section 30 of the amending act, it observed that a statute dealing with a substantive right differ from a statute which relates to procedure or evidence or is declaratory in nature inasmuch as ..... 1957]1scr488 , the statement and the reasons of the amendment act observed that the amendment act was retrospective in its application and would apply to the cases instituted before the act .....

Subedar and ors. Vs. the State

Court : Allahabad

Reported in : AIR1956All529

..... 107).the reason given by the select committee for this was :'we prefer to retain section 429 in its existing form, but would add a proviso on the lines of our amendment to section 378 clause 86a of the amended bill' clause 86a of the amended bill was :'we think that in confirmation cases, where the judges hearing the case are equally divided, it may not always be sufficient to refer the case to another judge by whose opinion it is to be decided. ..... 263 and 264), and the reason given was :'in view of the fact that the difficulty which the amendment is intended to meet is probably o rare occurrence, and that the second portion of the proviso will be inapplicable in the case of judicial commissioners courts which do not at present consist of five judges, we prefer to leave the law as it is, and we ..... 'therefore in 1923 when the criminal law amendment act was passed this section was retained in its original wordings. ..... but has also been used at numerous other places and is not limited to the code of criminal procedure but has been used in other acts as well, where in similar context the meaning attributed to the word 'case' can only be the whole matter in dispute. ..... when there was a bill in 1914 to amend the code of criminal procedure, suggestions were made for amending the section in the following language :'when the judges composing the court of appeal are equally divided in opinion, the case shall e re-heard before them and another judge of the court, and the judgment or .....

In Re: Lachman Nanda

Court : Madhya Pradesh

Reported in : AIR1966MP261; 1966CriLJ1012

..... . c.j has observed :-- 'it is possible (though we need not decide in this case) that the recent amendment to section 537 in the code of criminal procedure (amendment) act of xxvi of 1955, where mis-joinder of charges has been placed in the curable category will set at rest the controversy that has raged round the true meaning of (1902) 28 ind ..... the former case had been tried at a time before the amendment introducing the present sub-section (b) of section 687 and there is a precaution prefacing the ..... mis-joinder of charges included both accused persons and offences then there was no reason why legislature should not have used those words by amending the same, expressing clearly that section 537 cri ..... but all the three were represented by one lawyer so that he was presumably prevented from acting on behalf of either of the batches throwing the entire blame on the other, which was theoretically conceivable if they had been represented by ..... the decisions in which it was held before the amendment that misjoinder of charges constituted illegality which vitiated the trial have, therefore, been superseded, and the principles laid down in them have ceased to be good law ..... . i am therefore unable to agree that section 537 as amended would cure the defectsof a joint trial of persons accused of offences under distinct ..... in the sessions court the occasion for amending the charge came after the disposal of the petition by the accused persons for splitting up the case; but then it was purely a .....

State of Himachal Pradesh and Another Vs. Kailash Chand Mahajan and Ot ...

Court : Supreme Court of India

Reported in : AIR1992SC1277; JT1992(2)SC144; 1992LabIC1371; 1992(1)SCALE454; 1992Supp(2)SCC351; [1992]1SCR917

..... in the appeal to the supreme court, it was contended on behalf of the respondents that as the term of office had been reduced to 3 years by the first amending act, the legislature, in order to give effect to this provision and to enable fresh appointments to be made under the act, had enacted section 13a which had, necessarily, to apply to a person like the appellant who was in office at the time when the provisions came into force. ..... ii of 1959 was issued, it had come to the knowledge of the government of rajasthan that valuables such as jewelleries, ornaments, gold and silver-ware and cash had been removed by the tilkayat in the month of december 1957, and as the successor of the state of mewar, the state of rajasthan had to exercise its right of supervising the due administration of the properties of the temple. ..... then the punjab legislature enacted act 8 of 1957 raising the age of retirement under section 7c(b) from sixty-five to sixty-seven. ..... gujral attainded the age of sixty-five on june 4, 1957, and his term of office would have then expired under section 7c. ..... 89, it is held thus :-lastly, it is contended that the transfer of the proceedings pending before the old tribunal to the new tribunal under the notification dated october 31, 1957, was invalid and inoperative. ..... 8 of 1957 is of general application, the age being raised to sixty-seven with reference to all persons holding the office under that section. ..... and this legislation came into force only on june 3, 1957. .....

Uma Chopra Vs. R.N. Jindal and anr.

Court : Delhi

Reported in : 34(1988)DLT85; 1989LabIC437

..... the army act 1950, or the air force act, 1950, or the navy (discipline) act, 1934; or (ii) who is employed in the police service or as an officer or other employee of a prison; or (iii) who is employed mainly in a managerial or administrative capacity; or (iv) who, being employed in a ..... employed in any industry to do any skilled or unskilled manual, supervisory, technical or clerical work for hire or reward, whether the terms of employment be express or implied, and for the purposes of any proceeding under this act in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenched in connection with, or as a consequence of that dispute, but does not include any such person- (i) who is subject to ..... the above discussion is that the petitioner cannot be termed as a workman within the meaning of section 2(s) of the act and the labour court rightly held her not to be a workman and correctly answeed the reference in favor of the ..... section 2(s) has been amended by act 46 of 1982 with ..... again in my opinion rightly, that the question is whether the petitioner is a workman or not within the definition of section 2(s) as it stood prior to the aforesaid amendment. ..... is not whether the petitioner falls within the scope and ambit of section 2(s) as amended. .....

Glaxo Laboratories (India) Ltd. Vs. State of Kerala

Court : Kerala

Reported in : [1992(65)FLR110]; (1995)IIILLJ703Ker

..... , discharged or retrenched in connection with, or as a consequence of, that dispute, or whose dismissal, discharge or retrenchment has led to that dispute, but does not include any such person- (i) who is subject to the air force act, 1950 (45 of 1950), or the army act, 1950 (46 of 1950), or the navy act, 1957 (62 of 1957); or (ii) who is employed in the policeservice or as an officer or otheremployee of a prison; or (iii) who is employed mainly in a managerial or administrative capacity; or (iv) who, being employed in a supervisory capacity, draws wages exceeding one thousand six ..... 'workman' has been defined in section 2(s) of the i.d.act, 1947 it underwent amendments in 1956 and 1982 and as per the 1982 amendment the definition of 'workman' is as follows: '(s) 'workman' means any person (in-cluding an apprentice) employed in any industry to do any manual, unskilled, skilled, technical, operational, clerical or supervisory work for hire or reward, whether the terms of employment be express or implied, and for the purposes of any proceeding under this act in relation to an industrial dispute, includes any such ..... court further held: 'employed by educational institution cannot be called 'workmen' within the meaning of section 2(s) of the act, irrespective of the fact whether such institutions are imparting primary, secondary, graduate or post-graduate education. ..... in the 1982 amendment not much change was introduced; but the word 'operational' was included in the first part of the .....

United States Vs. Moseley

Court : US Supreme Court

..... telegrams, or copies thereof, or certificates that such telegrams were of a confidential character, were not required by the auditing officers of the treasury to be produced by the disbursing officers of the department of state, or the post office department, or the navy department, or the interstate commerce commission, with the vouchers produced by these disbursing officers, for the telegrams sent from such departments on official business." "vi. ..... , is secretary and disbursing agent of the interstate commerce commission, and as such agent it becomes his duty to disburse the moneys appropriated by congress from time to time to enable the commission to carry out the provisions of the act of february 4, 1887, and amendments thereto. ..... the act to regulate commerce, as amended march 2, 1889, supp.rev.stat. 2d ed. ..... tracewell, comptroller; letter of july 23, 1900, from the acting comptroller to the claimant; the letter of october 4, 1900, from the claimant to the comptroller, and the letter of october 6, 1900, to the claimant; which were filed as part of the claimant's petition and exhibits therewith. ..... :" " by the act of march 15, 1898, acts 1897-99, page 316, it is provided:" " 'sec. 5. ..... " the appropriation act of the same date (supp.rev.stat.2d ed. .....

V.S. Mani Iyer and ors. Vs. Azhakan and anr.

Court : Kerala

Reported in : AIR1972Ker135

..... here that unlike in the case of 24 ind cas 37 --(air 1914 cal 806) (fb) it was not a case where the amending act made it impossible to exercise the right available under the earlier law but only curtailed the period within which such exercise should be made. ..... air 1922 cal 491 the calcutta high court took the view that if the application of the provisions of an amending act makes it impossible to exercise a vested right of suit, the act should be construed as not being applicable to such cases. ..... have said earlier if the amending act indicates any intention to apply the provisions in the amending act to pending actions then of course the matter will have to be decided in accordance with the amending act. 17. ..... (amendment) act 1956 with effect from 1-1-1957 by incorporating the words 'and a purchaser at a sale in execution of the decree' in the explanation to that section and thereafter the explanation read thus: 'for the purpose of this section, a plaintiff whose suit has ..... on the language of section 116 of the amending act the supreme court held that section 342-a was available to the appellant and could ..... was made applicable in that case to the proceedings then pending only because construing the provisions of the amending act it held that it would be so applicable. ..... the amending act was passed, a vested right of suit and to read the amendment as operating retrospectively would deprive of the right of suit so vested in the plaintiff at the date of the passing of the amendment. .....

Controller of Estate Duty Vs. Smt. Ila Das and ors.

Court : Kolkata

Reported in : (1981)25CTR(Cal)16,[1981]132ITR720(Cal)

..... 105, the supreme court put the proposition as follows :'to the present case a general rule of construction of the fiscal acts would apply, and not the exception engrafted on that rule; for section 4 of the amendment act (their lordships were dealing with section 4 of the indian income-tax act, 1922, which amended section 34(1) of the indian income-tax act, 1922) cannot be described as a provision laying down the machinery for the calculation of tax. ..... on march 27, 1957, the officer issued a notice under section 34 and assessed the assessee as the agent of the non-resident relying upon the third proviso to section 34(1) as amended in 1956, on an estimate of the income of the non-resident ..... 95 and 96, ultadanga main road, and the said premises had been acquired by acquisition proceedings by the collector on the 27th september, 1957, that is to say, during the lifetime of the deceased. ..... this property was acquired under the land acquisition act, 1894, and possession was taken by the collector on 27th september, 1957. ..... the notice dated march 27, 1957, was, therefore, invalid. ..... 1956 to 1957, that the provision with which their lordships were concerned were retrospective in ..... on march 12, 1957, the ito issued a notice calling upon the assessee to show cause why in respect of the assessment year 1954-55, the assessee should not be treated as an agent under section 43 in respect of certain non- ..... , the assistant controller valued the estate and assessed the estate duty on july 31, 1957, at rs. .....