Court : Chennai
Decided on : Nov-07-1962
Reported in : AIR1963Mad369
..... of the lower appellate court, but granted a certificate under clause 15, letters patent for a further appeal. hence this appeal. 10. learned counsel for the appellant contends that as the respondent was not 'de facto' in possession of the land on the date when the amending act came into force, he would not be entitled to call in aid the ..... in the present suit will supersede the order for eviction. 12. the respondent's case, is that as by reason of the amending act 19 of 1955, he became entitled to certain rights under the city tenants' protection act, he would be entitled to be given those rights. that enactment gives three rights to a tenant of land who has put ..... an order for an injunction preventing the trustee from executing the order for eviction. it may be noticed in passing that by the amendment act 16 of 1956, the original section 47 of the presidency small cause courts act was replaced by the present one under which, if the suit were not to be instituted within a month of the date .....
Tag this Judgment!Court : Chennai
Decided on : Dec-04-1962
Reported in : AIR1964Mad90
..... fundamental lights guaranteed under the constitution.37. in jayvantsingji v. state of gujarat : air1962sc821 , the impugned legislation, namely, the bombay land tenure abolition laws (amendment) act, 1958, which deemed certain tenants in possession of taluqdari lands as permanent tenants, was held to be void as the substance ' of the enactment was to ..... right by paying to the taluqdar compensation between 20 to 200 tones the assessment. in 1958 the bombay legislature enacted the bombay land tenure abolition laws (amendment) act, 1958, under which almost all the non-permanent tenants were made permanent .tenants. the consequence of the enactment was that the taluqdar was deprived ..... respect of the subject-matter of the statute or in the method of enacting it, transgressed the limits of its constitutional powers. such transgression may be patent, manifest or direct, but it may also be disguised, covert and indirect and it is to this latter class of cases that the expression colourable .....
Tag this Judgment!Court : Chennai
Decided on : Jan-16-1962
Reported in : AIR1963Mad116; [1962]13STC967(Mad)
..... it was further contended that, though tax had been collected by the company, the state was not entitled to have the collectedamounts under section 8-b(2) of the act, as amended by madrasact i of 1957, as the said provision is ultra vires. thetribunal quite properly declined to go into the questionof the vires of the legislation and held that, ..... only exercised its undoubted subsidiary and ancillary power to effectuate the existing piece of legislation in regard to that subject matter. we hold that the amendment introduced to section 8-b(2) by reason of madras act i of 1957 is intra vires and valid. t. c. nos. 196 to 198 of 1959: 16a. the petitioner in these three tax revision ..... to deal with this point first before setting out the factsof each case and considering the contentions turning upon them. 2. section 8-b, as it stood before its amendment by madras act i of 1957, reads:-- '8-b (1). no person who is not a registered dealer shall collect any amount by way of tax under this .....
Tag this Judgment!Court : Chennai
Decided on : Jun-25-1962
Reported in : AIR1963Mad175; (1963)IMLJ46
..... by way of implication to show a retrospective operation? the learned judges referred in this connection to the provision contained in section 1(2) of the amending act showing that it was not intended to come into force immediately but on a date to be notified by the state government and observed that the postponement clause ..... rule of construction stated above. that case was concerned with the effect of an amended letters patent which restricted the right of letters patent appeal against the decision of a single judge of the high court in its second appellate jurisdiction. the amended letters patent provided that it was to come into operation on the date of its publication ..... obvious that there was no provision in that case which can be termed as a postponement clause properly so-called as the coming into effect of the amended letters patent was only on publication in the gazette. 14. but it does not follow that the mere existence of a postponement clause in a statute affecting vested .....
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