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Dwarkadas Shrinivas of Bombay Vs. the Sholapur Spinning and Weaving Co ...

Court : Supreme Court of India

Reported in : AIR1954SC119; (1954)56BOMLR681; [1954]24CompCas103(SC); (1954)IMLJ355(SC); [1954]1SCR674

..... . to emphasize the same point of view reference was also made to the provisions of the lunacy act, the provisions of sections 52-a and 52-b introduced in the insurance act by act 47 of 1950, the provisions of the railway companies emergency powers act (51 of 1951), and also to the provisions of act 65 of 1951 (development of industries act), and it was contended ..... that the impugned ordinance was a piece of social control legislation as were the provisions contained in the statutes referred to above. 18. in my opinion .....

i.C. Golak Nath and ors. Vs. State of Punjab and anr.

Court : Supreme Court of India

Reported in : AIR1967SC1643; 1967(0)BLJR818; [1967]2SCR762

..... [1952]1scr89 ], was found so attractive that many more acts were sought to be included but were dropped on second thoughts. even so, one wonders how the railway companies (emergency provisions) act, 1951, the west bengal land development and planning act and some others could have been thought of in this connection. by this device, which can be ..... to move the supreme court by appropriate proceedings for the enforcement of the rights conferred by the said parts a guaranteed right. even during grave emergencies art. 358 only suspends the provision of art. 19; and art. 359 enables the president by order to declare the right to move any court for the enforcement of ..... (2), 28(2), 31(4) to (6), 33, 34). articles 358 and 359 enable the suspension of fundamental rights during emergency. likewise, art. 368 enables amendment of the constitution including all the provisions of part iii. 286. it is argued that the preamble secures the liberties grouped together in part iii and as the preamble cannot .....

The State of West Bengal Vs. Subodh Gopal Bose and ors.

Court : Supreme Court of India

Reported in : AIR1954SC92; (1954)IMLJ314(SC); [1954]1SCR587

..... insurance (amendment) act, 1950) passed on the 20th may, 1950, and which has added several sections to the insurance act, 1938, act li of 1951 (railway companies (emergency provisions) act, 1951), passed on the 14th september, 1951, and act lxv of 1951 (industries (development and regulation) act. 1951) enacted on the 30th october, 1951 ..... else and does not authorise the state or anybody else to exercise these rights. referring to the position of the shareholders under the sholapur spinning and weaving company (emergency provisions) act, 1950, mukherjea j. said in his judgment in chiranjitlal's case (supra) at pp. 905-906 :- 'the state has not usurped ..... particularly in calcutta and its suburbs where 'the present phenomenal increase in land values has supplied the necessary incentive to speculative purchasers in exploiting this provision (section 37) of the law for unwarranted large-scale eviction' and it was, therefore, considered necessary to enlarge the scope of protection already given .....

Pioneer Protective Glass Fibre P. Ltd. Vs. Fibre Glass Pilkington Ltd.

Court : Kolkata

Reported in : [1986]60CompCas707(Cal)

..... the defendant in the cause title of the plaint as follows (at p. 640):' ruby general insurance company limited of which the management is vested in the government of india by the provisions of the general insurance (emergency provisions) act 17 of 1971...'19. national insurance company ltd. applied under order 7, rule 11 of the code of civil procedure and succeeded in obtaining an ..... general insurance co. ltd., : air1982cal124 . in this case, under the general insurance (emergency provisions) act, 1971, ruby general insurance co. ltd. was taken over and its management vested in the government of india. under the subsequent general insurance (emergency provisions) amendment act, 1972, the national insurance company took over the management of the company which was treated as an unit of the former. under the national .....

State of Andhra Pradesh Vs. Mothey Gangaraju

Court : Andhra Pradesh

Reported in : [1963]14STC112(AP)

..... . 6, c. 44). it may be noted that in india there is no act corresponding to the law reform (miscellaneous provisions) act, 1934.16. the leading english decision on the point is the london, chatham and dover railway company v. the south eastern railway company [1893] a. c. 429 the scope and effect of lord tenterden's act (3 & 4 wm. 4, c. 42, ..... cases in which it is now payable by law.' the interest act was not exhaustive on the subject. referring to the decision in the london, chatham and dover railway company v. the south eastern railway company [1893] a.c. 429 it was observed that:the noble lords who took part in the discussion, especially lord herschell, point out that there has been a ..... has been no such amendment of the law in india. in this view, interest prior to the date of the suit was disallowed.25. from this decision the following principles emerge :(i) interest for a period prior to the date of suit can be awarded if there is an agreement to pay a fixed rate, or by usage of trade .....

The State Vs. V.S. Phadke

Court : Mumbai

Reported in : 1950CriLJ1311

..... in section . 2, but that definition does not cover the product of the central potteries ltd.6. in virtue of the emergency provisions (continuance) ordinance, 1946, which came into force on 1st october 1s46, the relevant portions of defence of india rule 81-a run as follows:(1) ..... provision -(c) for referring any trade dispute for conciliation or adjudication in the manner provided in the orders.(5) in this rule the expression 'appropriate government' shall mean, in relation to trade disputes concerning any industry, business or undertaking carried on by the central government or by a railway company operating a federal railway ..... opinion that the maintenance of the supply thereof was essential to the life of the community, but this defence of india rule was also not continued by the emergency provisions (continuance) ordinance, 1946 and ceased to in force from 1st october 19 6. the essential supplies (temporary powers) act, 1946, define 'essential commodity' .....

In Re: New Asiatic Insurance Co. Ltd.

Court : Punjab and Haryana

Reported in : [1967]37CompCas331(P& H)

..... passing the above resolution, as given by the petitioner, is that in the year 1956 the life insurance business of the company was taken over by the central government under the provisions of the life insurance (emergency provisions) act, 1956, and thereafter the company carried on general insurance, investment, financing and other business. due to various reasons, the earnings from the general insurance business did ..... not provide a satisfactory return. the company ceased to accept any fresh insurance business with effect from 1st january, 1961, and, consequently, the .....

In Re: E.P.T. Valyudam and ors.

Court : Chennai

Reported in : AIR1950Mad324

..... in the way of law-making is completely subordinate to and as much dependent upon acts of parliament as is the power of the london and north western railway company to make by-laws. the learned author observes that under the acts mentioned in his book, the indian legislature is, in the strictest sense a non- ..... s an attempt to do by indirect means something which their lordships are satisfied the provincial parliament cannot do. this board has never allowed such colourable devices to defeat the provisions of sections 91 and 92. . . . . . reference may bemade to lord halsbury's statement in delivering the decision of the judicial committee in madden v. ..... transitory measure, whereas if the federal structure of the statute had been brought into existence, the unamended section 42 did not necessitate the existence of an emergency before the governor-general could promulgate an ordinance. at present the governor-general can promulgate an ordinance for the peace and good government for the whole of .....

Union of India Owning and Administering Central Railway Per General Ma ...

Court : Mumbai

Reported in : AIR1969Bom401; (1969)71BOMLR214; ILR1969Bom864; 1968MhLJ797

..... does it make any difference in principle? so long as there exist even today railways administered by private companies, there may be occasions when goods have to travel over both these railways. provision must continue to be made for a consignor who books goods which travel on both these railways. section 80 is still the section to which resort must be had by such a ..... was omitted by the adaptation of laws order, 1950, after which the indian states merged with the adjoining territories and the entire country emerged as the union of india, with the ownership and administration of all the major railways vesting in the union of india. the reference to the 'native states' or 'states' therefore became unnecessary and was properly deleted.31. according .....

Texas Vs. United States

Court : US Supreme Court

..... railway company to maintain its principal office page 292 u. s. 533 in texas, as the texas statute requires. see, as to service of process, art. 2029, revised civil statutes of texas 1925. in view of the disclaimer on behalf of the united states and the interstate commerce commission, and the interpretation placed upon the provision in ..... the scope of the authority which has been conferred page 292 u. s. 529 -- the construction of the applicable statutory provisions. these are found in 5 of the interstate commerce act, as amended by the emergency railroad transportation act 1933 (title 2, 201, 202). paragraphs (4)(a) and (4)(b) of that section make it ..... state concern, as distinguished from the operations which in their effect upon interstate commerce are of national concern. the state invokes 11 of title 1 of the emergency railroad transportation act, 1933, which provides that "nothing in this title shall be construed to relieve any carrier from any contractual obligation which it may have .....