Court : Chennai
Reported in : AIR1960Mad484
..... expenses of management, prohibition of payment of excessive remuneration etc. but by 1956 for reasons of state policy the life insurance corporation act, 1956 (act 31 of 1956) was enacted to provide for the nationalisation of life insurance business in india by transferring all such business to a corporation established for the purpose and to provide for the ..... by shifting possible losses on to the shoulders of others, who may be willing for a pecuniary consideration to take the risk thereof. those who grant insurance undertake the risk with a view to obtain a fair amount of profit upon their investment. it is therefore a business proposition both to the insurers and the insured ..... policy, or if the policy provides that no recovery shall be had under it if any circumstance material to the risk is suppressed. also, if the insured undertakes to state all the circumstances affecting the risk, a full and fair statement of all such circumstances is required. to a like effect, if an answer of the .....
Tag this Judgment!Court : Orissa
Reported in : AIR1961Ori196
..... the aforesaid division bench decision of this court because after the delivery of that judgment on the 17th march 1955, parliament, by the constitution (fourth amendment) act of 1955 amended clause (2) of article 31 of the constitution. according to him this constitutional amendment had the effect of removing the unconstitutionality attaching to ..... payment of compensation for the property acquired and either fixes the amount of the compensation or specifies the principles on which, and the manner in which it is to be determined.' though, in the government of india act there was no separate chapter ..... 299 of the government of india act 1935. sub-section (2) of that section runs as follows: '299 (2). neither the federal nor a provincial legislature shall have power to make any laws authorising the compulsory acquisition for public purposes of any land for any commercial or industrial undertaking unless it provides for the .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1961Raj130
..... of the services in future and mere possibility should not be sufficient. it was further pointed out that the scheme for nationalisation to be prepared by a state transport undertaking has to be published objections have to be invited and finally it has to be approved by the state government.relying upon ..... the applications for renewal on the ground of the pendency of a scheme of nationalisation before the state transport undertaking working in the name and style of rajasthan roadways, much less on the basis of a contemplated scheme of nationalisation. in this connection reliance was placed upon the proper interpretation of the words ..... act of the state in considering the scheme for approval may be a quasi-judicial one, it will be hardly fair to conclude that there cannot be any reasonable probability of a scheme for nationalisation being approved by the state government.in my opinion, it can be fairly presumed that the probability of a scheme prepared by a state transport undertaking .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1962All551
..... 116. as already indicated by me, kashi prasad gupta has challenged the validity of the very scheme under which the permits of the displaced operators on the nationalised route were cancelled and they were offered permits on the gorakhpur-gola' route. the challenge is on the ground that the opinion expressed in the notification that ..... therefore in any event it actedin excess of its powers in granting the permits in thepresent case.13. section 68-c of the act provides that a scheme proposed by a state transport undertaking shall give 'particulars of the nature of the service proposed tobe rendered, the area or route proposed, to be covered andsuch other ..... the constitution against discrimination are observed. in the case of displaced operators whose permits are cancelled on the 'nationalisation' of their route, the elaborate procedure under section 47 is not to be followed. by the amending act no. 100 of 1956, parliament provided in effect that a displaced operator may be offered a permit of .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1961Guj93; (1961)2GLR1
..... of amenities connected therewith uuder subsection (4) of section 41. the argument was that even it the case fell under sub-section (5) of section 41 the undertaking by the company mentioned in the agreement, that the work of construction was of 'building or buildings required for the expansion of the factory', was sufficient compliance ..... be entitled to use the work in as much as it provides that the public can use this factory for doing business in connection with the production of textile machines. whether these terms are good or bad is not the requirement of section 41. the agreement thus provides the terms on which the public is ..... etc. we have already received the approval of the government of india for the manufacture of the aforesaid products as required under the industries (development and regulation) act 1951. our expansion programme also includes manufacturing citric acid, for which we are awaiting permission from government of india. for a proper and efficient execution of our .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1961Guj73; (1961)GLR117
..... relating to the question whether there had been or was likely to be a substantial fall in the volume of production in respect of cotton textiles manufactured in the said undertaking for which having regard to the economic conditions prevailing, there was no justification, as appears clearly from the order dated 24-12-1959 ..... government is of the opinion that there has been, or is likely to be, a substantial fall in the volume of production in respect of cotton textiles manufactured in the industrial undertaking known as the huthee-singh ., ahmedabad, for which having regard to the economic conditions prevailing, there is no justification : now, therefore, in ..... of the central government forming an opinion under section 15(1)(a) of the said act that there had been or was likely to he a substantial fall in the volume of production in respect of cotton textiles manufactured in the said undertaking, for which, having regard to the economic conditions prevailing, there was no justification. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1961P& H340; [1961]31CompCas338(P& H)
..... and the concept of damages. it is said in this connection that when a person borrows money and agrees to pay it back, he incurs a pecuniary liability because his undertaking is, from the very start, to pay money, while in the case of a breach of contract giving rise to a claim for compensation there is in the beginning ..... such displaced persons.22. this brings me to the argument advanced by mr. sodhi on the basis of the remedial purposes of the act. the object, as succinctly stated by kapoor j. (as he then was) in parkash textile mills ltd. v. messrs. mani lal, (s) air 1955 punj 197 at page 210, was to afford to the displaced debtors, as ..... the question whether the banker is the creditor or the debtor. the respective liabilities of the bailor and the bailee are stated in chapter ix of the indian contract act, 1872 (act no. 9 of 1872), but so far as debts incurred by displaced debtors and secured by the pledge of movable property are concerned, certain modifications have been effected .....
Tag this Judgment!Court : Kerala
Reported in : AIR1962Ker335
..... , does not appeal to me.34. on the other hand, the notification under section 68-d also makes it clear that it is intended to operate nationalised stage carriage services in complete exclusion to other persons in the routes noted therein and the route given therein is alleppey-kanichakulangara.the learned government pleader has also ..... hand, i am inclined to agree with the contentions of the learned government pleader that the route referred to in chapter iv-a and notified for purposes of nationalisation, is the; route as mentioned in the particular notification in question. i have already mentioned that in the notification is sued under section 68-c, the ..... and they relate to the proper interpretation to be placed upon the expression 'route' referred to in the provisions relating to state transport undertaking contained in chapter tv-a of the motor vehicles act -- act iv of 1939.2. as facts are slightly different, i may mention the circumstances under which the two writ petitions have come .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1963]47ITR101(AP)
..... tax. no doubt, under section 68a of the motor victuals act, which has been added for the purpose of nationalisation of road transport, 'state transport undertaking' has been defined to mean : (i) undertaking providing road transport services, where such undertaking is carried on by the central government or a state government ..... ; (ii) any road transport corporations act, 1950; (iii) the delhi road transport authority established under section 3 of the delhi road transport authority act ..... need be, varied or changed from year to year under the finance acts to suit the exigencies of revenue. the income-tax act, therefore, in unconcerned with the special requirements of the statutory undertaking or the motives which impel an assessee to make allowances and deductions from .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1961Cal578
..... that have not yet been listed in steel trunks which will be sealed jointly by us as well as by you. you may remove these trunks to our office. we undertake to attend your office on the 17th of july, 1956 at 12 noon and at such other time on such other dates as the prepa-ration of the list may ..... , of sub-sections (1) and (2) thereof, -- and, also, from other extraneous but legitimate materials. for purposes of article 14, therefore, the present cases cannot be distinguished from niemla textile finishing mills case and the petitioners' challenge under that article must fail on the authority of that decision too.133. on article 19 my discussion will be short as i ..... of movement) order, 1948 which was an order framed in exercise of power granted by the essential supplies (temporary powers) act, 1946 was to regulate the transport of cotton textiles in a manner that would ensure an even distribution of the commodity in the country and make it available at a fair price to all. this did not deprive .....
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