Court : Allahabad
Decided on : Oct-29-1958
Reported in : AIR1959All315; 1959CriLJ543
..... law for the time being in force and, in the case of high courts established by royal charter, further subject to the provisions of the letters patent of such high court. the same amendment act, which made the above changes in section 369 of the code of criminal procedure, added section 561-a in the code in the following words:'nothing ..... is no definite provision for a review of judgment. i am of opinion that review is a definite method of procedure and that if the legislature intended by the amending act, (act 18 of 1923), to make a provision in the code for a review there would have been a definite section dealing with a right of review and laying ..... was added after section 395. in 1923 the section underwent a substantial change and it now stands as already quoted above. the important changes made by the criminal procedure code (amendment) act of 1923 are that the high court is no longer exempted from the operation of the section and this inclusion of the high courts appears to have led to .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Apr-26-1958
Reported in : 1960CriLJ1614
..... fact that the provisions now contained in it violate article 19(1)(g) of the constitution.12. the amended act makes it obligatory on the petitioner to disclose on the label or container of his patent and proprietary medicine the true formula or list of ingredients contained in it in a manner readily intelligible to ..... under article 228 of the constitution is founded on the contention t that the drugs act, 1940, as amended by the drugs (amendment) act, 1955, was unconstitutional and void, as it unreasonably restricted the fundamental right of the petitioner to manufacture and sell his patent' and proprietary medicine, 'germs killer' without disclosing on the carton or label of ..... , the disclosure of the true formula or the list of ingredients on the label or container of his patent or proprietary medicine 'germs killer' was obligatory on him.8. after the amending act (no. xi of 1955) had come into force, the director of health services by his memorandum, dated 21st february 1957, informed the .....
Tag this Judgment!Court : Mumbai
Decided on : Apr-28-1958
Reported in : (1959)61BOMLR536
..... which was good and valid when it was made should be treated as patently invalid and wrong by virtue of the retrospective operation of the amendment act. but such a result is necessarily involved in the legal fiction about the retrospective operation of the amendment act. if, as a result of the said fiction we must read the ..... is based on the provisions of section 3, sub-section (2), section 7, sub-section (2) and section 30, sub-section (2) of the amendment act. where the amendment act intended that its provisions should affect even concluded orders of assessment it is expressly so provided. since section 13 does not specifically authorise the re-opening of concluded ..... was made can be said to disclose a mistake apparent from the record if the said order would be erroneous in view of a subsequent amendment made by the amendment act when the amendment act is intended to operate retrospectively2. it is unnecessary to refer to the provisions of section 18a(5) as well as the provision of the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-28-1958
Reported in : AIR1958SC875; [1958]34ITR143(SC); (1958)IIMLJ182(SC); [1959]1SCR703
..... which was good and valid when it was made should be treated as patently invalid and wrong by virtue of the retrospective operation of the amendment act. but such a result is necessarily involved in the legal fiction about the retrospective operation of the amendment act. if, as a result of the said fiction we must read the ..... is based on the provisions of section 3, sub-section (2), section 7, sub-section (2) and section 30, sub-section (2) of the amendment act. where the amendment act intended that its provisions should affect even concluded orders of assessment it is expressly so provided. since section 13 does not specifically authorise the reopening of concluded assessments ..... made can be said to disclose a mistake apparent from the record if the said order would be erroneous in view of a subsequent amendment made by the amendment act when the amendment act is intended to operate retrospectively 2. it is unnecessary to refer to the provisions of section 18a(5) as well as the provision .....
Tag this Judgment!Court : Orissa
Decided on : Aug-22-1958
Reported in : AIR1959Ori148
..... of the original mortgagor and two transferees. a final decree was passed in due course. on an application for amendment of the decree under section 8 of the u. p. debt redemption act (act xiii of 1940) there was an order for amendment of the final decree by the learned munsif, which, on appeal, was upheld by the district judge. the ..... p. debt redemption act. the amendment of the decree therefore must be deemed for his own benefit alone. all the other judgment-debtors, including the ..... of the said particular transferee adversely. furthermore, answer no. 3 was that the amendment was made at the instance of one of the debtors mahadeo singh alone and the other debtors were not shown to be entitled to the benefits of the debt redemption act and were not made parties to the proceedings under section 8 of the u. .....
Tag this Judgment!Court : Kolkata
Decided on : Feb-10-1958
Reported in : AIR1958Cal273
..... question of construction here. the decision in madan gopals case (j) was given on the 31st august, 1955. the amendment of the definition of workman with which we are concerned was introduced into the statute book by the amending act of 1956. similarly the tribunal's reference to the punjab national bank case, 1953 lab ac 302 (k), has been ..... misleading because that decision also was not dealing-with the amended definition of workman. 38. i am, therefore, of the opinion that the ..... definition of workman under section 2(s) of the industrial disputes act and in so far as he disregarded such amendments of the statute in coming to the conclusion that the respondent was a workman. i am also of the opinion that the tribunal's decision contains a patent error in so far as he held that even though the .....
Tag this Judgment!Court : Mumbai
Decided on : Oct-09-1958
Reported in : [1959]35ITR793(Bom)
..... section 34(1)(b) so as to re-open the assessment for the year 1952-53. it is patent on the record that the assessment was made on 29th august, 1952, and the amending act was promulgated subsequent thereto. the knowledge of that amendment is sufficient in law to constitute receipt of information within the meaning of section 34(1)(b) of ..... supreme court in chatturam horilram v. commissioner of income-tax. that information could only come into the possession of the income-tax officer on or after the promulgation of the amending act i.e., on or after 24th may, 1953. that information must be necessity be subsequent to 29th august, 1952, the date when the assessment was made. in consequence ..... 1952-53 was made, i.e., on 29th august, 1952, the law as was then known was the law which stood before the alterations made by the income-tax (amendment) act, 1953. it cannot possibly be urged that at the time when on 29th august, 1952, the income-tax officer assessed the assessee for the year 1952-53, he .....
Tag this Judgment!Court : Kolkata
Decided on : Mar-10-1958
Reported in : AIR1959Cal169,63CWN451
..... trial court and the appellate court both held that the arbitrators had proceeded on a patent misconception of the dispute before them and assumed that they were to decide the rights of the parties under an amended contract, whereas whether the contract had been amended or not was one of the matters they were required to decide.3. though the ..... the authority of the chamber was clearly misconceived and the learned judge's order, giving effect to that prayer, was also, strictly speaking, not correct. the arbitration act gives no power to the court to revoke the authority of an arbitrator, but only gives it power to give leave to a party to revoke. the other power ..... then pending before the chamber was a second reference of the same dispute which could not legally be entertained but, since the chamber was nevertheless entertaining it and thus acting illegally, the only proper course to take was to revoke the authority of the chamber. for his reasons, he referred to those given in his order in .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Apr-23-1958
Reported in : AIR1958MP286
..... by the state government by which all judges of the courts of civil judge, class i, were empowered to hear such election petitions. by the madhya pradesh courts (amendment) act, 1956, the distinction between civil judges, class i, and civil judges, class ii, has been abolished. the point raised by the learned single judge is whether a ..... by the provincial government in this behalf' qualify not only civiljudge, but also district judge and additional district judge. the case decided by eao, j, was reversed in a letters patent appeal reported in dr, g. v. pandit v. dr. p. v. deshmukh, ilr (1952) nag 352: (air 1952 nag 283) (b), but not on this ..... this brings us to the notification. no-doubt, the empowering by the notification was of civil judges, class i, and not of civil judges, class ii, and by the amendment act of 1956, the distinction between the two has been abolished. civil judges, class ii, now exercise identical jurisdiction, which civil judges, class i, exercised before. the result .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-02-1958
Reported in : AIR1958P& H445; 1958CriLJ1439
..... been ordered to be wound up on 25th of september 1953. on the 24th of october, 1953 the indian banking companies (amendment) ordinance came into force which was followed by the indian banking companies (amendment) act which became law on 30th december, 1933.on 17th february, 1954 the appellant made an application to the tribunal at benares in ..... him and given a fair and reasonable opportunity to defend himself. it would be quite plausible to argue that the words occurring in clause 10 of the letters patent, namely 'or in the exercise of criminal jurisdiction' cannot possibly have reference to the exercise of such an inherent jurisdiction as the one to punish for contempt ..... of whom were parties to the suit constituted contempt of a criminal nature and an appeal was precluded by the words of the relevant clause of the letters patent against an order passed in such a matter. a distinction was made in that case between what may be called 'civil contempt' and 'criminal contempt'.disobedience to .....
Tag this Judgment!