Court : Supreme Court of India
Reported in : AIR1955SC504; [1955]2SCR303
..... it was argued that when the bill was sent to the rajpramukh, he was not called upon to apply his legislative mind to it but to merely assent to it on the executive side; that when the rajpramukh endorsed his approval he was, as admitted by sri joshi, merely assenting to it, that assent implied that the act assented to was not that of the person assenting, and that therefore there was nothing to indicate that the rajpramukh had adopted the bill prepared by the ministers as his own. ..... article 385 of the constitution enacts : 'until the house or houses of the legislature of a state specified in part b of the first schedule has or have been duly constituted and summoned to meet for the first session under the provisions of this constitution, the body or authority functioning immediately before the commencement of this constitution as the legislature of the corresponding indian states shall exercise the powers and perform the duties conferred by the provisions of this constitution on the house or houses of the legislature of the state so specified'. 8. ..... 842 that a similar provision in the orissa estates abolition act no. ..... vide section 3(1) of the marwar court of wards act, 1923; rule 4 of rules regulating claims for maintenance by ladies against jagirdars, 1937. ..... in 1937 rules were framed for the maintenance of the wives of jagirdars, and bhomicharas also were subject to that act. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1988SC420; (1988)67CTR(SC)165; [1988]170ITR137(SC); JT1987(4)SC653; 1987(2)SCALE1296; 1988Supp(1)SCC120; [1988]2SCR115
..... we were also referred to the speech of the hon'ble minister introducing the bill before the parliament, where the hon'ble minister, inter alia stated as follows:there are at present certain income-tax exemption limits applying to salaried assessees relating to house rent allowance and leave travel concessions. ..... government or any state government, only if such service is sponsored by the central government; (ii) in the case of any other individual, only if he is a technician and the terms and conditions of his service outside india are approved in this behalf by the central government or the prescribed authority.explanation: for the purposes of this section--(a) 'foreign currency' shall have the meaning assigned to it in the foreign exchange regulation act, 1973 (46 of 1973):(b) foreign employer' means,(i) the government of a foreign state; or (ii) a foreign enterprise'or (iii) any association or body ..... it was held in england that an engineer appointed by a local authority to supervise the execution of works, but not subject to the local authority's supervision, is nevertheless an 'employee' within the meaning of section 40(1) of the local government superannuation act 1937, in morren v. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1976Ori163
..... not far away from the town of sambalpur and within that district lay the impartible estate of kolabira until it was abolished by the orissa estates abolition act, 1951, in november, ..... in the absence of any other material to the contrary and relying on the facts as gathered from the evidence, namely that the vacant site was held by chintamoni and the building was raised out of the estate funds in the early years of nruplal's succeeding to the estate and the general treatment of the property, we would hold that this property was a part of the estate ..... plea of undue influence must, to serve that dual purpose, be precise and all necessary particulars in support of the plea must be embodied in the pleading; if the particulars stated in the pleading are not sufficient and specific the court should, before proceeding with the trial of the suit, insist upon the particulars, which give adequate notice to the other side of the case intended to be set up. ..... had not been paid his salary from the very beginning. ..... harish chandra, air 1937 pc 146, was quoted with approval :--'their lordships desire to call attention to the great difficulty which is occasioned both to persons charged with fraud or other improper conduct, and to the tribunals which are called upon to decide such issues, if the litigant who prefers the charges is not compelled to place on record precise and specific details of those ..... was not anxious to receive salary forthwith because he was not required to depend upon salary income. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1985SC1156; (1984)3CompLJ110(SC); 1984(2)SCALE321; (1984)4SCC679; [1985]1SCR432
..... under section 5 of the arbitration act to revoke the arbitration was obviously mis-conceived inasmuch as the ground on which the revocation was sought was that the disputes sought to be referred to arbitration were not within the purview of the arbitration clause and it was in that context that the observations were made in para 6 of the judgment to say that such a dispute was as regards the existence of the arbitration agreement; in fact, the ratio of the decision was that the controversy raised in the case fell within the scope of section 33 of the arbitration act and ..... however, counsel further contended that the issue pertaining to the scope and effect of the arbitration agreement, if raised in an application under section 34 of the arbitration act the court has to decide it and the court's decision thereof will naturally be binding on the arbitrators even though the issue was within the competence of the arbitrators because of the wide wording of the arbitration clause and that is why the court of appeal has rightly expressed the view that since it has decided the issue whether the three claims 'arise out of' or are 'related ..... the act is a successor to the arbitration (protocol & convention) act, 1937. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1983Bom201; 1983LabIC789; (1983)IILLJ387Bom
..... consideration of the learned judge of the orissa high court was a limited question relating only to the claim for exemption from liability to pay sales-tax under the orissa sales tax act, but the orissa sales tax act did not define the word 'newspaper' and hence the question whether cuttack law times was a newspaper or not was considered on the basis of the essential pre-requisites of a newspaper, as can be spelt out from the dictionary meaning attached to the word and also from the definition of the expression 'newspaper ..... it may be that when the prime minister passed away that fact has to be notified for public information and similarly the fact of the senior officers of the armed officers having died in an air crash may have to be notified but what has been stated in these notifications, appears to indicate that they are more in the nature of such public news as would be published even in a newspaper as read and understood by all members of the public. ..... all india reporter and criminal law journal were, however, registered as newspapers in 1937 (1957) and the other periodicals were registered as and when they were acquired. ..... as mentioned above, all india reporter and criminal law journal were registered as newspapers in 1937 (1957) under a press and registration of books act, 1867. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1960P& H86
..... section 3(1) of the orissa estates abolition act empowered the state government to issue a notification declaring that the estates specified therein had passed to the state but the notification had to be in respect of the property which was defined as an estate in s. 2(g). ..... , however, proceeded to observe as follows at page 208 :'it is to be noted that it is the order of the commissioners that eventually takes effect; neither the minister of transport who confirms, nor the houses of parliament who approve, can under the statute make an order which in respect of the matters in question has any operation. ..... wilson, 1937-2 kb 309; the king v. ..... salford assessment committee, 1937-2 all er 98; and air 1957 sc 425, if the proceedings had been of a judicial or quasi-judicial nature, but as that is not so, it is not possible for us to hold that even if there is any bias or interest so far as these respondents are concerned they are disqualified from being associated with the commission. .....
Tag this Judgment!Court : Chennai
Reported in : (1986)52CTR(Mad)354; [1986]159ITR381(Mad)
..... they, however, held that "cuttack law times" was not entitled to exemption under the provisions of the orissa sales tax act the question whether a publication can be called a newspaper or not depends upon the facts and circumstances of such case. ..... in those circumstances, the orissa high court observed that the petitioner in that case could not rely on the fact that this monthly was registered as a "newspaper" under the post office act and the press and registration of books act. ..... commissioner of sales tax [1960] 11 stc 608 (orissa), the "cuttack law times" a non-official monthly law journal containing, inter alia reports of important decisions of the orissa high court, the orissa board of revenue and the supreme court has been held to be not a newspaper as it is primarily meant to be a book of reference to be cited in the law courts and cannot, in any sense, be called a "newspaper" in the popular sense. ..... he editorial page "chinthanaikkuriyathu" deals with the visit of hon'ble yogendra makwana, deputy minister of home department of the central government, to tamil nadu. ..... emperor, air 1937 bom 28).37. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1992KAR1447; 1992(3)KarLJ137
..... salary and allowances to the adhyaksha and upadhyaksha and other members - (1) the salary and allowances payable to the adhyaksha and upadhyaksha shall respectively be those payable to the minister of state and the deputy minister under the karnataka ministers salaries and allowances act, 1957. ..... section 166 of the act gives the status of minister of state to the adhyaksha, and to the upadhyaksha the status of deputy minister and this gives the clearest indication of the predominant position assigned to the zilla parishads under the act. ..... the learned counsel submitted that in view of section 160 of the act read with the preamble and also article 40 of the constitution, it was the duty on the part of the respondents to hold the elections before the expiry of the term of office of the previously elected members and in any event the elections should be held within a period of six months after the expiry of term of office of the previously elected members and in the meanwhile to extend the term of office of the existing members for a period not exceeding six months till the elections were held. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2006(2)ALD103(SC); JT2006(2)SC494; 2006(2)SCALE414; (2006)3SCC354; [2006]145STC1(SC)
..... as workmen's compensation act of 1939 is a reenactment of workmen's compensation act of 1937, it is 'continuance' of such act, but insofar as act of 1939 is in conflict with act of 1937, it is a 'repeal' of the act of 1937.30. ..... a corresponding provision under the act pari materia with the repealed act; two, the order of permit granted must exist and be in operation on the day on which the act had come into force; three, it must not be inconsistent with the provisions of the act and, fourth, the positive act should have been done ..... , anything done or any action taken (including any appointment, notification, notice, order, rule from, regulation, certificate, license or permit) in the exercise of any power conferred by said act or section shall be deemed to have been done or taken in the exercise of the powers conferred by or under this act, as if this act was in force on the date on which such thing was done or action was taken and all arrears of tax and other amounts due ..... sub-section (1), any application, appeal, revision or other proceedings made or preferred to any officer or authority under the said act or section and pending at the commencement of the act, shall, after such commencement, be transferred to and disposed of by the officer or authority who would have had jurisdiction to entertain such application, appeal, revision or other proceedings was made ..... the submission in this case was that the supersession of the orissa act by the central act was ..... state of orissa v. m.a. .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(111)BomLR737
..... honours give, that, as a matter of statutory construction, the parliamentary secretary is, for the purposes of section 501(4) of the act, 'the minister personally'.validity of the parliamentary secretary's appointment as minister of state56 it was argued on behalf of mr taylor that, notwithstanding that, as a matter of statutory construction, the parliamentary secretary is 'the minister personally' for the purposes of section 501(4) of the act, her appointment as minister is invalid and the only person capable of acting as the minister personally is the hon philip ruddock who was appointed by the governor-general on 21 october 1998 to administer the department of immigration and multicultural affairs and ..... the ministers of state and other legislation act 2000 amended the ministers of state act by providing that parliamentary secretaries are to be appointed as ministers of state for constitutional purposes, which enables them now to be paid a salary. ..... state of orissa:it other words, it is the substance of the act that is material and not merely the form or outward appearance, and if the subject matter in substance is something which is beyond the powers of that legislature to legislate upon, the form in which the law is clothed would not save it from condemnation. .....
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