Court : Supreme Court of India
Reported in : [1950]SuppSCR102
..... section 107 of the constitution act is in these terms : '(1) if any provision of a provincial law is repugnant to any provision of dominion law which the dominion legislature is competent to enact or to any provision of an existing law with respect to one of the matters enumerated in the concurrent legislative list then, subject to the provisions of the sections, the dominion law, whether pass before or after the provincial law, or, as the case may be, the existing law, shall prevail and the provincial law shall, to the extent of the repugnancy, be void. ..... all the enactments referred to in the section had been already pronounced to be invalid by competent courts and it is difficult to see why it was necessary to repeal them at all. ..... section 23 repeals the bihar maintenance of public order act 1947, the amending act v of 1949 and also the previous ordinance passed on 3rd june 1949. ..... so far as section 23 of the ordinance is concerned, it purports, to repeal the bihar maintenance of public order act as extended by the notification of the provincial government and amended by subsequent acts and also the earlier ordinance passed on 3rd june 1949. ..... the point raised in that case was whether the punjab restitution of mortgaged lands act (act iv of 1938) was void under section 107(1) of the government of india act to the extent that it conflicted with certain provisions of the civil procedure code and other existing indian law. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1959SC781; [1959]Supp(2)SCR406
..... the aforesaid discussion yields the following results : (1) under the common law of england a contract of wager is valid and therefore both the primary contract as well as the collateral agreement in respect thereof are enforceable; (2) after the enactment of the gaming act, 1845, a wager is made void but not illegal in the sense of being forbidden by law, and thereafter a primary agreement of wager is void but a collateral agreement is enforceable; (3) there was a conflict on ..... the following are some of the gambling acts in india : the public gambling act (iii of 1867); the bengal public gambling act (ii of 1867); the bombay prevention of gambling act (iv of 1887); madhya bharat gambling act (li of 1949); madhya pradesh public gambling act; madras gaming act (iii of 1930); the orissa prevention of gambling act (xvii of 1955); the punjab public gambling act (iii of 1867); the rajasthan public gambling ordinance (ordinance xlviii of ..... thereafter the plaintiffs prayed for the amendment of the plaint by adding the following to the plaint as paragraph 10 : 'that even section 69 of the indian partnership act is not a bar to the present suit as the joint business referred to above was dissolved and in this suit the court is required only to go into the accounts of ..... act repealed the act 21 of 1848, it did not incorporate in it the provisions similar to those of the bombay act; nor was any amendment made subsequent to the passing of the english gaming act ..... act was passed in the year 1872 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1995SC142; JT1994(4)SC473; 1994(3)SCALE389; 1995Supp(1)SCC596; [1994]Supp1SCR807
..... may, 1960 all mines whether being worked or not and minerals whether discovered or not and all quarries which are situate within the limits of any land, granted or recognised under any contract, grant or law for the time being in force or decree of a court, shall vest 'in and with all rights over the same or appurtenant thereto be the property of the state government and the state government shall, subject to the ..... to get over the interpretation, the order or the decree or the judgment, of any court, applying non-obstante clause, a magic and to bring the law in conformity with the legislative policy, section 69a was enacted to extinguish the right to mine or mineral or quarry in the lands held by any person including girasdars or barkhalidars and reserved them for the government under section 69 of the code. ..... provisions of the mines and minerals (regulation and development) act, 1957 have all powers necessary for the proper enjoyment and disposal of such rights.sub-section 4 says that :any occupant, whose rights to mines, minerals or quarries in any land, existing immediately before 1st may, 1960 have vested in the state government on that ..... state of punjab [1967] scr 177 and reiterated in his 'right to property and the indian constitution', the right to property is an acquired right and it is the weakest right fit to be placed along with commerce clauses. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1996SC196; II(1996)BC365(SC); JT1995(6)SC534; (1996)1MLJ38(SC); (1996)112PLR559; 1995(5)SCALE228; (1995)5SCC709; [1995]Supp3SCR466
..... constitution bench of this court considered the validity of the family arrangement had the question was whether it requires to be compulsorily registered under section 17, this court, while upholding oral family arrangement, held that registration would be necessary only if the terms of the family arrangements are reduced ..... (5) if the property dealt with by the decree be not the 'subject matter of the suit or proceeding', clause (vi) of sub-section (2) would not operate, because of the amendment of this clause by act, 21 of 1929, which has its origin in the aforesaid decision of the privy council, according to which the original clause would have been attracted, even if it ..... has strenuously contended that the aforesaid view is not tenable in law inasmuch as, accordingly to learned counsel, the decree is not required to be registered in view of what has been stated in clause (vi) of sub-section (2) of section 17 of the registration act, 1908. ..... (3) if the decree were not to attract any of the clauses 7 of sub-section (1) of section 17, as was the position in the aforesaid privy council and this court's cases, it is apparent that ..... submission advanced by shri sehgal inasmuch as it has been held that the compromise decree in an earlier suit being relatable to immovable property which was subject matter of the suit, section 17(2)(vi) of the registration act did exempt the decree from registration. ..... sehgal's submission is a bench decision of the punjab and haryana high court in gurdev kaur v .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1998IAD(SC)755; AIR1998SC1153; JT1998(1)SC470; 1998(1)SCALE347; (1998)3SCC88; [1998]1SCR470
..... any member of the public having sufficient interest can maintain an action for judicial redress for public injury arising from breach of public duty or from violation of some provision of the constitution or the law and seek enforcement of such public duty and observance of such constitutional or legal provision this is absolutely essential for maintaining the rule of law, furthering the cause of justice and accelerating the pace of realisation of the constitutional objectives. ..... mehrotra submitted, under section 22(4) of the act read with proviso to section 11(i) - (ii) of the statutes and 24.3(b) (ii) and 24.5 of the ordinances, require that no teaching or research post can be created in the university unless and until a proposal to that effect has been made to the executive council by the faculty concerned ..... 'promotion as understood in ordinary parlance and also as a term frequently used in cases involving service laws means that a person already holding a position would have a promotion if he is appointed to another post which satisfies either of the two conditions namely that the new post is in a higher category of the same service or that ..... even for regularisation there has to be if any the law to be prescribed certainly not on parity with the general principle of law of industrial workmen or class ivth employees, casual or daily ..... state of punjab & ors, : (1995)iillj104sc :-'promotion as understood under the service law jurisprudence means advancement in rank, grade or both .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1989SC1371; 1989(2)ARBLR356(SC); (1989)2CompLJ1(SC); JT1989(2)SC47; 1989(1)SCALE770; (1989)2SCC645; [1989]2SCR320; [1989]73STC370(SC)
..... state and whether on such goods the tax which was being levied exceeded the limit prescribed by section 15 of the central sales tax act, 1956, they did not also take into consideration whether the sale of the goods in question had been exempted under the sales tax laws of the state from payment of sales tax or whether it had already suffered payment of tax ..... purchase takes place in the course of inter-state trade or commerce:provided that the president may by order direct that any tax on the sale or purchase of goods which was being lawfully levied by the government of any state immediately before the commencement of this constitution shall, notwithstanding that the imposition of such tax is contrary to the provisions of this clause, continue to ..... was at the time when the government of india act, 1935 was enacted, a term of well-recognised legal import in the general law relating to sale of goods and in the legislative practice relating to the topic and should be interpreted in entry 48 in list ii in schedule vii of the government of india act, 1935 as having the same meaning as in the sale of goods act, 1930. ..... power conferred on it parliament enacted the central sales tax act 1956 which received the ..... of the sales tax laws passed by the legislatures of states the constituent assembly enacted articles 286, 301 and ..... originally enacted, read ..... states by the constitution by entry 54 of list ii of the seventh schedule to the constitution of india which, as originally enacted, read thus:54. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1954SC429; (1954)56BOMLR1196; [1954]24CompCas520(SC); [1954]25ITR259(SC); [1955]1SCR185
..... being aggrieved by the order of the tribunal the assessee applied for a reference of the case to the high court for the determination of the question of law which arose out of the tribunal's order and the tribunal agreeing that a question of law did arise out of its order referred the following question to the high court along with a statement of the case : 'whether on the facts of the case, income, profits and gains in respect of sales ..... we have been taken through the different sections of that act and the rules made thereunder and sri kolah contends that under the indian law the sender has the right to reclaim the letter until it is actually delivered to the addressee and, therefore, until that time the post-office remains the agent of the sender and consequently the posting of a ..... 380 are also apposite : 'apart from the express terms of section 33, sub-section 1, a similar conclusion might be founded on the well known common law rules as to the effect of the sending of a cheque in payment of a debt, and in the fact that though the payment is subject to the condition subsequent that the cheque must be met on presentation, the date of payment, if the cheque is ..... sri kolah points out that when the indian contract act, 1872, was passed, the indian post-office act, 1866, was in force. ..... punjab national bank ltd . .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1980SC1682; (1980)4SCC179; [1980]3SCR1042
..... above description provided that a sublease could be granted by these authorities to any person if the two conditions mentioned in the proviso are satisfied; and (4) when a mining lease stands terminated under section 3(3), 'it shall be lawful' for the central government or the government company or the corporation owned or controlled by the central government to obtain a prospecting licence or a mining lease in respect of the whole or part ..... the policy followed by the central government that the coal industry is to be in the nationalised sector, it was decided that the coal mines nationalisation act, 1973 should be enacted to provide for termination of all privately held coal leases except those held by privately owned steel companies, so that it may be possible for the central ..... a mining lease stands terminated under sub-section 3, it shall be lawful for the central government or a government company or corporation owned or controlled by the central government to obtain a prospecting licence or mining lease in respect of the whole or part of the land covered by the mining lease which stands terminated section 4 of the amendment act introduces an additional provision in section 30 of the principal act by providing that any person who engages, ..... in the former case, the canada temperance act, 1886 1 was held ultra vires the dominion as it purported to repeal the prohibitory clauses of a provincial act, but its own provisions were held valid when duly brought into operation in ..... punjab .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1971SC44; (1971)73BOMLR112; 1971CriLJ5; 1983(13)ELT1413(SC); (1969)2SCC662; [1970]1SCR821
..... on and from that day (1st september 1872) the following laws shall be repealed;(1) all rules of evidence not contained in any statute, act or regulation in force in any part of british india;(2) all such rules, laws and regulations as have acquired the force of law under the 25th section of the 'indian councils act, 1861' in so far as they relate to any matter herein provided for; and(3) the enactments mentioned in the schedule here to, to the extent specified in the third column in the said schedule ..... in the judgment of the high court reading :it is to be noticed in this connection that section 2(1) of the indian evidence act repeals the whole of the english common law on evidence so far as it was in force in british india before the passing of the indian evidence act, arid that provision of the law in effect prohibits the employment of any kind of evidence not specifically authorised by the act itself.lord atkin who delivered the judgment of the judicial committee pointed out that evidence which ..... the state of punjab [1959] supp.1 s.c.r. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2002SC1175; JT2002(2)SC292; 2002(2)SCALE289; (2002)4SCC547; [2002]1SCR942
..... each treefrom which the tari is drawn:provided further that where payment ismade upon issue of an exciseable article forsale from a warehouse established or licensedunder section 22(a) it shall be made -(a) if the state government bynotification so directs, at the rateof duty which was in force at the dateof import of that article; or(b) in the absence of such directionby the state government ..... levied:-(a) on intoxicating drugs, by anaverage rate levied on the cultivationof the hemp plant or by a rate chargedon the quantity collected;(b) on spirit or beer manufactured inany distillery established or anydistillery or brewery licensed, underthis act is accordance with such scaleor equivalents calculated on thequantity of materials used or by thedegree of attenuation of the wash orwort, as the case may be, as the stategovernment my prescribe:(c) on tari, by a tax on ..... any specified local area, onany excisable article:(a) imported, exported or transportedin accordance with the provisions ofsection 16; or(b) manufactured or cultivated underany licence granted under section 23;or(c) manufactured in any distilleryestablished or any distillery orbrewery licensed under section 21:provided as follows:(i) duty shall not be so imposed onany article which has been importedinto india and was liable onimportation to duty under the indiantariff ..... section 3 of the punjab excise act, 1914, asapplicable to the state of haryana, .....
Tag this Judgment!