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Kaushal Kishor Vs. The State Of Uttar Pradesh Govt. Of U.p. Home Secre ...

Court : Supreme Court of India

..... of training or maintaining the efficiency of the defence forces; the statutes relating to these already provide for payment of compensation and the machinery for determining the compensation: see manoeuvres, field firing and artillery practice act, 1948; seaward artillery practice act, 1949; (c) the liability of the state for personal injury or death caused by a member of the armed forces to another member while on duty shall be restricted in the same manner as in england (sec ..... also 46 air1950sc12933 arose out of a writ petition under article 32 challenging an order passed by the chief commissioner of delhi in exercise of the powers conferred by section 7(1)(c) of the east punjab public safety act, 1949, requiring the printer and the publisher as well as the editor of an english weekly by name organizer , to submit for scrutiny, before publication, all communal matters and news and views about pakistan including photographs ..... decency and morality professing and practicing acts, intended to outrage different religious religious feelings of any ..... on to hold that section 7(1)(c) of the east punjab public safety act, 1949 does not fall within the reservation of clause (2) of article 19.18. ..... an argument was advanced in romesh thappar (supra) that section 9(1 a) of the 1949 act could not be considered wholly void, as the securing of public safety or maintenance of public order would include the security of the state and that therefore the said provision, as applied to the latter purpose .....

Jethanand Betab Vs. the State of Delhi (Now Delhi Administration)

Court : Supreme Court of India

Reported in : AIR1960SC89; 26(1960)CLT533(SC); 1960CriLJ160; [1960]1SCR755

..... the object of the repealing and amending act of1952 was only to expurgate the amending act of 1949, along with similar acts,which had served its purpose. 10. ..... as, by the amending act of 1949, the text of the act xvii of 1933, wasamended by the insertion of 6 (1-a) therein, the repeal of the amending act bythe 1952 act did not affect the continuance of the amendment made by theenactment so repealed. ..... 6(1-a), insertedin the act xvii of 1933 by the amending act of 1949, is either covered by theprovisions of the indian telegraph act, 1885, or a surplusage not serving anydefinite purpose. ..... by the indian wirelesstelegraphy (amendment) act, 1949 (xxxi of 1949) (hereinafter called the'1949 act'), s. ..... 6(1-a) of the act continuedto be on the statute book even after the amending act of 1949 was repealed byact xlviii of 1952, and that it was in force when the offence was committed bythe appellant. 18. ..... short title extent of repeal(1) (2) (3) (4)---------------------------------------------------------1949 xxxi the indian wireless telegraphy the whole (amendment) act, 1949.--------------------------------------------------------- s. ..... as the act only gave power to control the establishment, maintenanceand working of wireless apparatus, in practice it was found that the detectionof unlicenced apparatus and the successful prosecution of the offenders weredifficult, with the result that the state was losing revenue. .....

First Income-tax Officer, Salem Vs. Short Brothers (P) Ltd.

Court : Supreme Court of India

Reported in : AIR1967SC81; [1966]60ITR83(SC); [1966]3SCR84

..... the levy was, however, abolishedby the finance act, 1949, and the operation of s. ..... realization ofappreciated value of assets in commercial practice is regarded as realizationof capital rise, and not of profits of the business. ..... amendments which have been made from time to time in the act clearlydisclose the intention of parliament that it was not intended to allow theprofits of the current year distributed by a liquidator of a company to escapeliability to tax. ..... there was a further amendment made by the finance act, 1956 andclause(c) to the amended section read as follows : ''dividend' includes - (c) any distribution made tothe shareholders of a company on its liquidation, to the extent to which thedistribution is attributable to the accumulated profits of the companyimmediately before its liquidation, ..... 52 applied to the indian income-tax act, aspecial definition of 'dividend' was devised by parliament by theenactment of the income-tax (amendment) act 7 of 1939, with a view to supersedethe view in burrell's case (1924) 2 k. b. ..... 2(6a)(c) as it stood in 1949, abroken period between the last day of the previous year of a company, and thecommencement of winding up could not be considered 'a previous year'.the parliament with a view to supersede the view in sheth haridas achratlal'scase : [1955]27itr684(bom) deleted by the finance act, 1955, the proviso tosub-clause (c). .....

Vasu Dev Singh and ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : (2006)144PLR802; 2006(11)SCALE108

..... current economic policy of the government, the high court rightly refrained from exercising its power of judicial review;(v) in view of a large number of decisions of this court it is now well settled that section 3 of the act is intra vires the constitution; (vi) the impugned notification is a conditional legislation and not a delegated legislation; (vii) merely because the exemption granted by the impugned notification is perpetual in nature, the same per se does ..... effect to; (vii) the impugned notification being not restricted to particular buildings or class of buildings, the classification sought to be made on the basis of paying capacity of a tenant or the tenants themselves is ultra vires section 3 of the act; (viii) the impugned notification is unconstitutional as it contravenes the legal philosophy underlying a beneficent legislation insofar as it has done away with the statutory limitations imposed upon the landlords to evict the tenant except on the grounds ..... their writ petition stated:that at this stage, it is important to mention here that sections 4 and 5 of the punjab act of 1949 are not applicable to chandigarh, as no building existed in the year 1939 ..... . nariman submitted that sections 4,5 and 6 for all practical purport and intent are not applicable as regard to the town of chandigarh ..... was such a meagre amount of rent for the town of delhi; practically everybody would be taken out of the protection of the rent control act. ..... the classification in practice may result .....

Ganesh Bank, Kurundwad Ltd. and ors. Vs. the Union of India (Uoi) and ...

Court : Supreme Court of India

Reported in : I(2007)BC296; 2006(6)BomCR98; [2006]133CompCas371(SC); JT2006(8)SC132; (2007)146PLR429; 2006(8)SCALE588; (2006)10SCC645; [2006]71SCL167(SC)

..... several decisions on the question of jurisdiction has been summed up by graham aldus and john alder in their book 'applications for judicial review, law and practice' thus:there is a general presumption against ousting the jurisdiction of the courts, so that statutory provisions which purport to exclude judicial review are construed restrictively. ..... held that the decision of the rbi to impose the moratorium was neither unjustified nor against the provisions of section 45(1) of the banking regulation act, 1949 (in short the 'act'). ..... federal bank submitted as follows:the procedure, process and yardsticks envisaged under section 45 of the act for the amalgamation of a financially unviable bank with a stronger bank, cannot be the same as are applicable to ..... the said provision, the rbi has the statutory duty and responsibility to act swiftly and decisively to protect interests of depositors and public confidence in the ..... authority must genuinely address itself to the matter before it; it must not act under the dictates of another body or disable itself from exercising discretion in ..... rejection of the proposal of saraswat bank is vitiated on account of misunderstanding of section 56(zb) of the act and on account of a failure to consider the interest of shareholders whose interest would continue to be ..... the fourth is in respect to an adequate opportunity under section 45(6) and (7) of the act.after considering the rival submissions, the high court held that the allegations were mala fides and .....

Rustom Cavasjee Cooper Vs. Union of India (Uoi)

Court : Supreme Court of India

Reported in : AIR1970SC564; [1970]40CompCas325(SC); (1970)1SCC248; [1970]3SCR530

..... effectuate that object relate to--setting up of 'corresponding new banks' as statutory corporations to carry on and transact the business of banking as denned in section 5(b) of the banking regulation act, 1949, and one or more other forms of business specified in section 6(1) of that act, with power to acquire and hold property for the purpose of the business, and to dispose of the same; administration of the corresponding new banks as institutions carrying on banking and other business; ..... . the business which the named banks carried on was--(1) the business of banking as denned in section 5(b) of the banking regulation act, 1949, and business incidental thereto; and (2) other business which by virtue of section 6(1) they were not prohibited from carrying on, though not part of or incidental ..... palkhivala submitted that the parliament may legislate in respect of the business of banking as defined in section 5 (b) of the banking regulation act, 1949, and matters incidental thereto, and also for acquisition of that part of the undertaking of each named bank which relates to the business of banking, but not in respect of any other business not ..... of the petitioner that the four disputed businesses are not banking businesses is not supportable either on logic or on principle when businesses mentioned in the sub-clauses of section 6(1) of the 1949 act are recognised to be legitimate business activities of a banking company by statute and practice and usage fully supports that view.173 .....

Mohd. Hanif Quareshi and ors. Vs. the State of Bihar

Court : Supreme Court of India

Reported in : AIR1958SC731; [1959]1SCR629

..... a result of the total ban imposed by the impugned section the petitioners would not even be allowed to make the said sacrifice which is a practice and custom in their religion, enjoined upon them by the holy quran, and practised by all muslims from time immemorial and recognised as such in ..... the expert committee each gosadan housing 2,000 heads of cattle would have to have 4,000 acres of land which would permit of a rotational and controlled grazing practice and provision has to be made for the surplus grass during the rainy season to be preserved for the scarcity months. ..... and berar animal preservation act, 1949, as it originally stood, the slaughter of all categories of animals mentioned in the original schedule were only controlled by the requirement of a certificate from the appropriate authority before the actual slaughter, by the amending act xxiii of 1951, a total ban was imposed on the slaughter of 'cows' which was then defined as including only a female calf of a cow and the slaughter of all other categories of animals ..... gowalas or callous agriculturists find it uneconomical to maintain the dry cow and even resort to cruel practices and maim the cow in order to get her passed for slaughter. ..... that the said impugned section also violates the fundamental rights of the petitioners guaranteed under article 25 of the constitution in-as-much as on the occasion of their bakr id day, it is the religious practice of the petitioners' community to sacrifice a cow on the said occasion. .....

Bharat Co-operative Bank (Mumbai) Ltd. Vs. Co-operative Bank Employees ...

Court : Supreme Court of India

Reported in : AIR2007SC2320; 2007(4)ALLMR(SC)749; 2007(3)BomCR673; [2007(114)FLR155]; (2007)IILLJ825SC; 2007(4)MhLj506; 2007(5)SCALE57; (2007)4SCC685; 2007AIRSCW4020; JT2007(4)SC572; 2007(3)KCCRSN178(SC).;

..... mainly aggrieved by transfer of eleven employees from one place to another, alleging it as an act of victimisation, the respondent filed a complaint against the bank under section 28 of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (for short 'the mrtu & pulp act'), along with an application for interim relief, before the industrial court at mumbai. ..... thus, there is no question of such multi-state banking company referred to in the br act of being bodily lifted in the id act by legislative incorporation of the br act, 1949 and, therefore, when the expression 'banking company' was expanded in 1965 to include co-operative banks, such co-operative banks also became banking companies under the br act and if any of these newly included banking companies operate in more than one state, then they also become multi-state banking companies for the ..... 'banking company' means a banking company as defined in section 5 of the banking companies act, 1949 (10 of 1949) having branches or other establishments in more than one state and includes (the export-import bank of india) (the industrial reconstruction bank of india), (the industrial development bank of india), (the small industries development bank of india established under section 3 of the small industries development bank of india act, 1989), the reserve bank of india, the state bank of india (a corresponding new .....

Joseph Kuruvilla Vellukunnel Vs. the Reserve Bank of India and ors.

Court : Supreme Court of India

Reported in : AIR1962SC1371; [1962]32CompCas514(SC); [1962]Supp3SCR632

..... . a national bank in america is a banking corporation organised by private persons and operated for private gain, the power and duties of which are defined and limited by acts of congress, providing for creation and liquidation of such institutions and being established to aid or promote governmental purpose and to provide national currency they are often regarded as public or quasi- ..... by an order under clause (1) of sub-section (4) of section 35 or under clause (b) of sub-section 3(a) of section 42 of the reserve bank of india act, 1934 or; (iv) having failed to comply with any requirement of this act other than the requirements laid down in section 11, has continued such failure, or having contravened any provision of this act has continued such contravention beyond such period or periods as may be specified in that behalf by the reserve bank from time to time ..... 38 of the banking companies act, 1949 (10 of 1949) read with the companies act, 1956 (1 of 1956), for the winding up of the palai central ..... thus, at the very start, a reasonable classification, which is also a very just and practical classification, to achieve the avowed purpose. 26. ..... very vehemently challenged the truth of the case of the reserve bank, that the affairs of the palai bank were mismanaged and that there was a mounting run on the bank and it was practically in an insolvent condition ..... . 38(1) and 38(3)(b)(iii) practically leaves the question of liquidation of banking companies in the hands of the executive .....

The State of Maharashtra and anr. Vs. the Jalgaon Municipal Council an ...

Court : Supreme Court of India

Reported in : AIR2003SC1659; 2003(2)ALLMR(SC)725; JT2003(5)SC509; (2003)9SCC731; [2003]1SCR1112

..... persons who entertained any objection to the proposal of a municipal area ceasing to be so and being classified as a larger urban area to be administered by a municipal corporation as required by sub-section(3) of section 3 read with section 6 of the mrmc act has to be complied with two reasons: firstly, it is recognition by statute of the principles of natural justice and, secondly, it is mandatory procedural requirement which must be satisfied as a pre- condition for the validity of subsequent final decision on ..... . the government of maharashtra therefore considered it expedient to suitably amend the bombay provincial municipal corporations act, 1949 providing for appointment of government officer or officers to exercise the powers and to perform all the functions and duties of the corporation until the first meeting of the duly elected and constituted corporation or ..... notification in the official gazette, specify for each city the number and boundaries of the wards into which such city shall be divided for the purpose of the ward election of councillors so that, as far as practicable, all wards shall be compact areas and the number of persons in each ward according to the latest census figures shall approximately be the same ..... held that the opportunity of hearing statutorily mandated to be afforded to the people of jalgaon was drastically curtailed, and in the light of the subsequent notification, for all practical purposes the effective opportunity available was just two days, .....