Court : Supreme Court of India
Reported in : AIR2003SC1685; JT2003(2)SC137; 2003(2)SCALE276; (2003)5SCC46; [2003]1SCR1195
..... if the dharamsala was constructed for the purpose of sarai within the meaning of provisions of the sarai act, 1867 still it may not amount to creation of a public ..... pws and in particular pw who was in service of the raja, did not state that the provisions of the sarai act had been complied with. ..... it may be that a part of the dharamsala in question was used by the general public for a long time but continuance of such a benevolent acts charity would not lead to creation of a trust which alone is the determinative factor for entertaining a suit at the instance of the advocate general in terms of section 92 of the code of civil ..... was not even registered under the sarai act. ..... it may be that an engrafted stone was fixed over the main gate of the sarai mentioning that the some was constructed by raj kumar bir singh, but the same is of little or no value for arriving at a finding that raja bir singh dedicated the property to ..... the same; (13) no member of public ever participated in the management of the dharamsala; (14) no manager had ever been appointed to look after and manage the property; (15) the dharamsala was not registered under the sarias act; (16) there is no evidence to show that the owners ..... only because a 'sarai' or 'parao' existed in the disputed property would by itself not be sufficient to arrive at a conclusion that the same was a ..... in terms of section 35 of the evidence act, the entries in the revenues record would be presumed to be correct; although the same is a rebuttable .....
Tag this Judgment!Court : Supreme Court of India
Reported in : [1964]3SCR787
..... the customs tariff or any other law relating tothe customs, as well as the rates and duties of customs heretofore imposed byany customs act or customs tariff or any law relating to the customs enactedand in force at any time since the first day of july 1867, shall be binding,and are declared and shall be deemed to have been always binding upon andpayable by his majesty, in respect of any goods, which may be hereafter or havebeen heretofore imported by or ..... . 91 of the british north america act, 1867 occurs theexpression 'notwithstanding anything in this act', because thatexpression may be said to relate to the enumeration of subjects rather than ..... . 125 of the british north america act, 1867, provides : no lands or propertybelonging to canada or any province shall be liable to taxation.' ..... . insections 91 to 95 of the british north america act, 1867 the main lines of thisdivision in canada were set ..... . s.125 of the british north america act 1867 ran : no lands or propertybelonging to canada ..... ., afterreferring to the canadian constitution as embodied in the british north americaact, 1867, and the australian constitution as embodied in the commonwealth ofaustralia constitution act, 1900, observed that unlike those constitutions thegovernment of india act, 1935, did not make any distiction between direct andindirect taxation and in the matter of legislative competence the ultimateincidence of the tax was not necessarily a crucial test and there was nojustification for .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1983SC1019; [1985]154ITR64(SC); 1983(1)SCALE723; (1983)4SCC45; [1983]3SCR130; [1984]55STC1(SC)
..... reiterated that the principles laid down by the privy council in a long line of decisions in the interpretation of sections 91 and 92 of the british north america act, 1867 must be accepted as a guide for the interpretation of section 100 of the government of india act, 1935 :it must inevitably happen from time to time that legislation, though purporting to deal with a subject in one list, touches also on a subject in ..... words of article 246(3) of the constitution 'subject to clauses (1) and (2)' and the non-obstante clause in article 246(1) 'notwithstanding anything in clauses (2) and (3)', sub-section (3) of section 5 of the act which provides that no dealer shall be entitled to collect the amount of surcharge must be struck down as ultra vires the state legislature inasmuch as it is in consistent with paragraph 21 of the drugs (price control ..... the order, unless the context otherwise requires,-(a) 'bulk drug' means any substance including pharmaceutical, chemical, biological or plant product or medicinal gas conforming to pharmacopoeal or other standards accepted under the drugs and cosmetics act, 1940, which is used as such or as an ingredient in any formulations; (f) 'formulations' means a medicine processed out of, or containing one or more bulk drug or drugs, with or without the ..... the general scheme of the british north america act, 1867 with regard to the distribution of legislative powers, and the general scope and effect of sections 91 and 92, and their relations to each .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1972SC1061; [1972]83ITR582(SC); (1971)2SCC779; [1972]2SCR33
..... the contention was that article 248 was in pari materia with section 91 of the british north america act, 1867, and therefore, the proper inquiry, as under that act, would be whether the impugned tax fell under list ii and that if it did not, the ..... governor-general may by public notification empower either the federal legislature or a provincial legislature to enact a law with respect to any matter not enumerated in any of the lists in the seventh schedule to this act, including a law imposing a tax not mentioned in any such list and the executive authority of the federation or of the province, as the case may be, shall extend to the administration of any law ..... that that article is clearly akin to section 91 of the british north america act, 1867, and confers residuary powers on parliament with respect to any matter not dealt with ..... that there is any analogy between section 100 of the 1935 act and section 91 and section 92 of the canadian act, 1867. ..... act, 1867, contains analogous provisions and it can scarcely be doubted that parliament had those provisions in mind when it enacted the later act ..... first two lists of the seventh schedule to the constitution should be interpreted in the same way as the corresponding provisions in sections 91 and 92 of the british north america act of 1867.147. ..... not necessary to discuss the points of similarity between the scheme of distribution of legislative power under our constitution and sections 91 and 92 of the british north america act of 1867. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1972SC1061a
..... the contention was that article 248 was in pari materia with section 91 of the british north america act, 1867, and therefore, the proper inquiry, as under that act, would be whether the impugned tax fell under list ii and that if it did not, the ..... governor-general may by public notification empower either the federal legislature or a provincial legislature to enact a law with respect to any matter not enumerated in any of the lists in the seventh schedule to this act, including a law imposing a tax not mentioned in any such list and the executive authority of the federation or of the province, as the case may be, shall extend to the administration of any law ..... that that article is clearly akin to section 91 of the british north america act, 1867, and confers residuary powers on parliament with respect to any matter not dealt with ..... that there is any analogy between section 100 of the 1935 act and section 91 and section 92 of the canadian act, 1867. ..... act, 1867, contains analogous provisions and it can scarcely be doubted that parliament had those provisions in mind when it enacted the later act ..... first two lists of the seventh schedule to the constitution should be interpreted in the same way as the corresponding provisions in sections 91 and 92 of the british north america act of 1867.147. ..... not necessary to discuss the points of similarity between the scheme of distribution of legislative power under our constitution and sections 91 and 92 of the british north america act of 1867. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1963SC1; [1963]3SCR22
..... the court will always presume, in dealing with the judgment of a foreign court that the procedure followed by that court was fair and proper, that it was not biassed, that the court consisted of judges who acted honestly, and however wrong the decision of the court on facts or law may appear to be, an inference of bias, dishonesty or unfairness will not normally be made from the conclusion recorded by the court on the ..... . the letters do suggest that ramalingam and devraj were interested as owners in the business about which information was given to shanmugam and they were not merely acting as his agents.there are numerous entries in the general account also indicting that these accounts are not in respect of the personal transactions of shanmugam but they are the accounts of the ..... in considering whether the suit filed by the plaintiffs was one relating to succession, cases like in the matter of the hindu womens' right to property act, 1937(1), and in the matter of the federal legislature to provide for the levy of an estate duty in respect of property other than agricultural land, passing upon the death of any person (2) which deal primarily 'with ..... ., the court rendering the judgment must observe the minimum requirements of natural justice-it must be composed of impartial persons, acting fairly, without bias, and in good faith, it must give reasonable notice to the parties to the dispute and afford each party adequate opportunity of presenting his ..... radha charan (1867) 7 w.r .....
Tag this Judgment!Court : Supreme Court of India
..... and prostitution, in the wake of increased arrests and convictions in the uk for homosexuality between men.336 among those prosecuted for gross indecency under the buggery act of 1553 and sexual offences act of 1967 were eminent persons like oscar wilde, alan turing and lord montagu of beaulieu.337 after conducting a three-year long inquiry, carrying out empirical ..... dispute' and the 'constitution', had made the following observations with regard to the nature of the constitution:- "when we are dealing with words that also are a constituent act, like the constitution of the united states, we must realize that they have called into life a being the development of which could not have been foreseen completely by the most ..... such persons with sentences going upto life imprisonment is clearly excessive and disproportionate, as a result of which, when applied to such persons, articles 14 and 21 of the constitution 7 in william shakespeare s julius caesar (act iii, scene 1), caesar tells cassius- i could be well moved, if i were as you; if i could pray to move, prayers would move me: but i am constant as the northern star, of whose ..... .36 by the time india gained independence in 1947, britain had introduced penal codes similar to the ipc in other former colonies, including zanzibar (tanzania) in 1867, singapore, malaysia, and brunei in 1871, ceylon (sri lanka) in 1885, burma (myanmar) in 1886,37 east africa protectorate (kenya) 35 changed from transportation for life by act 26 of 1955 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1959SC559; [1959]29CompCas229(SC); 1959Supp(1)SCC769; [1959]Supp1SCR769
..... objection : firstly, he has contended that we should not allow the preliminary objection to be raised at this late stage; secondly, he has contended that even though the association was in contravention of section 4(2) of the rewa state companies act, 1935, the purpose of the association was not illegal and a suit was maintainable for recovery of the contributions made by the appellants and also for accounts; thirdly, he has contended that on the analogy of section ..... as to the last contention of learned counsel for the appellants, based on the analogy of section 69(3)(a) of the partnership act, it is enough to point out that under the indian partnership act, 1932, an unregistered firm is not illegal; there is no direct compulsion that a partnership firm must be registered, though the disabilities consequent on non-registration may be extremely inconvenient. ..... in our view, the same principle applies in the present case and section 4(2) of the rewa state companies act, 1935, being prohibitory in nature cannot be excluded from consideration even though the bar of that provision has been raised at this late stage. 12. ..... 1 in the suit, a preliminary objection has been taken to the effect that the suit was not maintainable by reason of the provisions of section 4 of the rewa state companies act, 1935, and the appeal filed by the plaintiffs must, therefore, be dismissed. ..... , (1867) l.r. 2 ex. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1977SC1443; (1977)2SCC820; [1977]3SCR206
..... case may be the record is made; that the provisions of section 17(b) of the act have no application to a literary or musical work or the separate copyright therein and do not take away the copyright in a literary or musical work embodied in a cinematograph film; that the only modes ..... copyright in the cinematograph film but also the permission of the owner of the copyright in the literary or musical work which is incorporated in the cinematograph film as according to section 13(4) of the act, the copyright in a cinematograph film or a record does not affect the separate copyright in any work in respect of which or a substantial part of which, the film, or as the ..... produced by them (including any musical work incorporated therein) and to cause the said records to be heard in public; that in the making of a cinematograph film, as contemplated by the act, a composer composes a lyric or music under a contract of service or for valuable consideration which is substantial, a music director sets it to tunes and imparts music to it and a ..... the sound track thereof and the cinematograph exhibitors association of india filed objections in respect of the aforesaid tariff in accordance with the provisions of section 34 of the act repudiating the claim of the iprs that it had on behalf of its members authority to grant licences for performance in public of all existing and future musical works ..... 1867 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2006SC3028; 102(2006)CLT696(SC); JT2006(8)SC215; 2006(3)KLT941(SC); (2007)2MLJ304(SC); 2006(8)SCALE75; (2006)7SCC416
..... in this case, the forest tribunal had also been moved by way of review and that tribunal refused to exercise its jurisdiction under section 8b of the act and nothing stands in the way of the high court setting aside that order on a finding that the original order from the forest tribunal was secured by playing a fraud ..... view of the forest tribunal that it could not review the order in exercise of power under section 8b of the act, notwithstanding the dismissal of the appeal from its decision at the stage of admission, need not be considered at this ..... it is contended on behalf of the appellant that the high court had far exceeded its jurisdiction and has acted illegally in setting aside the order of the forest tribunal which had become final long back and which had been given effect to, that too, by the intervention ..... , volume 1, paragraph 263:fraud indeed, in the sense of a court of equity, properly includes all acts, omissions, and concealments which involve a breach of legal or equitable duty, trust, or confidence, justly reposed, and are injurious to another, or by which an undue and unconscientiously advantage is taken of ..... the claim of the appellant was upheld by the tribunal under section 3(3) of the act by rejecting the plea of absence of title in the appellant based on a pending litigation as set ..... 247 of 1979, before the forest tribunal, manjeri, under section 8 of the act seeking a declaration that the application scheduled property was not a private forest liable to be ..... 1867 .....
Tag this Judgment!