Court : Kolkata
Reported in : 1949CriLJ1
..... originally enacted was in these terms:(1) the provincial government, if satisfied oh reasonable grounds, with respect to any particular person that with a view 'to preventing him from doing any subversive act it is necessary so to do, nay make an order-(a) directing that he be detained;(b) directing that, except in so far as he may be permitted by the provisions of the order, or by such authority or person as may be specified therein, he ..... this ordinance are in conflict with car-tain provisions of the code of criminal procedure and it appears to me that it would be practically impossible to legislate on preventive detention and with regard to persons subjected to such' detention without affecting the provisions of the code of criminal ..... function of deciding whether the statutory mandate had been exceeded and nothing should be done to make it difficult or impossible for the highest court of the province to act as the great umpire on constitutional issues or to undermine the authority of the court as the protector of the rights which are guaranteed to the citizens by the ..... 8 which runs as follows:for the avoidance of doubt it is hereby declared that no order heretobefore made against any person under sub-section (1) of section 16 west bengal security act, 1948, shall be deemed to be invalid or shall be called in question on the ground that at the time of making the order the authority making it had no reasonable grounds.in substance ..... l, 3.1949 the provincial law, though repugnant to .....
Tag this Judgment!Court : Privy Council
Reported in : AIR1949PC207
..... instructions as he may receive from the governor-general of india in council, shall cause to be prepared six lists namely : first - a list of all persons who are to be considered taluqdars within the meaning of this act; third list of the taluqdars, not included in thesecond of such lists, to whom sanads or grants have been or may be given or made by the british government up to the date fixed for the closing of ..... taluqdar with whom a summary settlement of the government revenue was made between the first day of april 1858, and the tenth day of october 1859, or to whom, before the passing of this act and subsequently to the first day of april 1858, a taluqdari sanad has been granted, shall be deemed to have thereby acquired a permanent, heritable and transferable right in the estate comprising the villages ..... adoption but impugned its validity on the ground that the letters which are alleged to contain the "consent in writing of her deceased husband" required to make the adoption valid under the oudh estates act are not genuine, that even if genuine, the authority can be of no legal effect as the raja was of unsound mind when it is said to have been given by him, that the ..... habits of a religious ascetic makes him unfit to manage his property is a matter to be decided by the civil authorities; bat if he attended to his duties as he ought to do and gave up his ascetic practices, i do not think there is any mental impediment at present to prevent his being able to do so. ..... 01/02/1949 .....
Tag this Judgment!Court : Chennai
Reported in : (1949)1MLJ1
..... straightaway say, for reasons which are being given hereafter, that applying these principles to the present petitions, i am of opinion that if the provincial government is, bona fide, satisfied with respect to any person that he is acting or about to act in a manner prejudicial to the public safety or the maintenance of public order, then, it is not open to the court to inquire into the sufficiency or validity of the reasons which made the provincial government to ..... further contend that there is a right vested in them under section 491 of the criminal procedure code to invoke the jurisdiction of this court, the moment they were illegally detained under the madras public safety act and therefore if section 16-a of the ordinance cannot be construed as having a retrospective operation, that vested right which inhered in them prior to its promulgation should not be prejudiced or taken away, by the ..... is that there is no preliminary question of fact which can be submitted to the courts, and that in effect there is no appeal from the decision of the secretary of state in these matters provided only that he acts in good faith.in support of this conclusion, the learned lord relies on four circumstances : first, that it was a matter for executive discretion and the possibility of the action of the secretary of state being subject ..... that section 16 (1) of madras act i of 1947 is worded practically in the same terms as section 16 (1) of the defence of india act with a very minor addition .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1949All161
..... it will be observed that no valuation for the purposes of court-fee is required to be stated when the relief sought is a declaratory relief on which a fixed court-fee under schedule ii, court-fees act is payable and it should be further observed that to such a case section 8, suits valuation act does not apply and does not require the plaintiff to fix the same valuation for jurisdiction as for payment of court-fee. ..... of the property, the suit was properly instituted in the court of the first class subordinate judge, and if any part of the fee payable and paid was a fixed fee under schedule ii of the act, then the notional value of the property or any part of it could not displace its real value for the purposes of jurisdiction.20. ..... the privy council on these facts strongly repelling the defendant's technical plea and holding that the court-fees act was not intended 'to arm a litigant with a weapon of technicality against his opponent, but to secure revenue for the benefit of the state', observed as follows:if regard be had to the real as distinct from the imputed value ..... if this enquiry has to be embarked upon at the very threshold of the suit merely for the purposes of ascertaining the valuation of the suit for the purposes of payment of court-fee and jurisdiction, then practically the whole suit will have to be decided. ..... jumman khan, defendant 1, stated that 1949 he was the sole proprietor of the firm, forward glass works, firozabad and the plaintiff not a partner therein .....
Tag this Judgment!Court : Chennai
Reported in : (1949)1MLJ462
..... both the parties joined in a petition under section 21 of the arbitration act, which was in the following brief terms:both the parties in this suit have agreed to appoint rayala govindappa as the sole arbitrator to settle the suit disputes and to abide by his decision. ..... a broad general ground on which the learned district judge has also set the award aside is that the arbitrator has acted in a manner which is inconsistent with equity and natural justice. ..... we are quite unable to agree with these inferences adverse to the arbitration and the award, and are wholly unable to see in what manner the arbitrator has acted in violation of principles of equity and natural justice. ..... another reason he gave was that the arbitrator disallowed the claim for a large sum by way of arrears of maintenance and a claim for stridhanam jewels without bestowing a single thought about it but merely acting on the word of the first respondent. .....
Tag this Judgment!Court : Chennai
Reported in : (1949)1MLJ66
..... these applications are not required to be in any particular form as required in the case of applications for execution under order xxi, rule 11 but under rule 142, civil rules of practice, the judgment-creditor shall together with the first petition for execution or transmission of the decree, file in court a certified copy of the decree sought to be executed. ..... the grounds of objection are (1) the petition presented on 21st july, 1935, to the district munsiff 's court, ranipet, is not ' in accordance with law ' within the meaning of that expression in article 182 (5) of the limitation act, (2) the order passed on 1st august, 1935, dismissing the petition as ' not pressed ' is not a final order within the meaning of these words in article 182(5).3. ..... poojali seenan : air1938mad144 the application for execution of the decree was not accompanied by a copy of the decree as required by rule 164 of the civil rules of practice then in force, but it complied with the terms of section 235 (corresponding to present order xxi, rule 11(2). ..... 557, may be good law at the time it was decided, as rule 164 of the civil rules of practice, as it then stood, did not have the force and effect as if enacted in the code. ..... the combined effect of these sections is that the rules contained in the civil rules of practice must therefore be read along with section 39 and order xxi, rules 5 and 6 for the purposes of transmission of the decree and with order xxi, rule 11 for the purpose of application for execution .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1949All395; 1949CriLJ637
..... the relevant provision under which the com-misaionera were appointed is para, 4 of part iii, government of india (provincial elections cor-rupt practices and election petitions) order, 1936, which provides:unless the governor, exercising his individual judgment, dismisses a petition for non-compliance with the prescribed requirements, he shall, exercising his individual judgment, appoint ..... the communication of the grounds under section 5 was a ministerial act and a secretary to the government could do it in accordance with rules made under sub-sections (2) and (3) ..... words 'as soon as may be,' which occur in section 5, united provinces maintenance of public order (temporary) act, and which occur, red also in section 4 of the parallel act of that province, came in for interpretation. ..... the same day a notice under section 5 of the act communicating to him the grounds of detention was drawn up and was handed over to the applicant on 31st ..... communicated to the detenu by the notice dated 27th july 1948, being vague ani indefinite are not in compliance with the provisions of section 5 of the act, and his further detention, therefore, is illegal. ..... authority has not complied with any mandatory provision of the act further detention becomes illegal or improper. ..... was held that the information required to be supplied under section 5 should be given within a reasonable time and non-compliance with the provisions of section 5 of the act makes further detention illegal or improper. ..... 1949 ..... 1949 ..... 1949 .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1949Bom229; (1949)51BOMLR190
..... justice tyabji refers to the well established rule that any individual member of a corporation may file a suit for the purpose of restraining the corporation from doing any act which may be illegal or ultra vires of the corporation, and the learned judge says that he sees no distinction in principle between the case of a shareholder and the case of a rate-payer, ..... through the record of this case, and, as i shall presently point out, in our opinion the municipal commissioner in this case has acted conscientiously with a full sense of responsibility of his duties and there is absolutely no justification for any suggestion that he acted with any impropriety or contrary to the interests of the municipality which he had to serve as the most important executive officer of that body ..... 171, the statement that where an urban authority enters into a contract under seal, pursuant to sections 173 and 174 of the public health act, 1875, with a contractor to execute works, and the contract contains the usual power for the engineer to vary, alter, enlarge, or diminish the work to be done, all variations and ..... we are really not concerned with the practical difficulties that may result in our giving a particular interpretation to section 70(6) of the statute, although it must always be borne in mind that a court does not construe a particular section in a statute in such a way as would ..... raoji sojpal & sons' tender and practically led the standing committee and the corporation to accept the tender .....
Tag this Judgment!Court : Orissa
Reported in : AIR1949Ori60; [1949]17ITR256(Orissa)
..... but on that account can it be held that a portion of the profits of the business accrued or arose at the place of buying ?the expressions 'accrue' and 'arise' occuring in section 4 of the indian income-tax act have been the subject of much judicial interpretation but for the purpose of this judgment it may be judicial interpretation but for the purpose of this judgment it may be assumed that they both denote the same ..... -tax authorities should have estimated that portion of the profits which accrued or arose in the states and applied the provisions of sub-section (3) of section 42 of the indian income-tax act for calculating the profits that might be deemed to have accrued in british india. ..... made by the india (adaptation of existing indian laws) order, 1947, it is convenient to retain that expression in this judgment because during the period of assessment the said expression remained in the indian acts.the tribunal relied on the case of mohanpura tea company ltd. ..... . according to the authorities cited by my learned brother, the mere act of buying may in certain cases, as in the present one, be so negligible a part of the operation of the business as not to make any appreciable difference in apportionment of the amount that accrued or arose in british ..... (2) whether section 42(3) of the income-tax act is applicable to the facts of the case the assessees headquarters is at cuttack and he has been assessed to income-tax for the year 1943-44 in respect of his dealings in (a) nux vomica and .....
Tag this Judgment!Court : Mumbai
Reported in : (1949)51BOMLR287
..... known that the scheme of the english income-tax statutes is essentially different from that of the indian income-tax law, and unless we are bound to conform to the pattern created by legislative practice in england, there can be no difficulty in holding that the territorial nexus, which is the essential ingredient in an income-tax, can be founded on facts other than those upon which the ..... india, shall be chargeable to income-tax either in his name or in the name of his agent, and in the latter case such agent shall be deemed to be, for all the purposes of this act, the assessee in respect of such income-tax....regarding the last part of the section it was said that the indian legislature could not legislate about the income of a foreign government arising in a foreign ..... all property occupied in british india and all goods owned in british india for the purposes thereof, and all income arising in connection therewith, be liable:-(a) to taxation under the indian income-tax act 1922, in the same manner and to the same extent as in the like case a company would be liable,(b) to all other taxation for the time being in force in british india ..... the legislative practice in this country at the time when the government of india act was passed ..... upon which the federal legislature is competent to legislate, but what is said is, that the new clause in section 42(1) of the income-tax act goes against the very conception of income-tax as it is recognised in the legislative practice in england. .....
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