Court : Punjab and Haryana
Reported in : AIR1969P& H12; [1968]22STC335(P& H)
..... to a period when there was old punjab, and that is why, parallel enactment for the union territory of chandigarh or for the transferred territories there will be clear violation of article 14; and (3) that in spite of the amending act, the illegality, on the basis of which the supreme court quashed the previous assessments, still persists and the proceedings taken under the amending act are claimed to be suffering from the same vice from which they suffered when the matter went to the supreme court in bhawani cotton mills' case : [1967]3scr577 . ..... as a matter of fact the amending act has divided the transactions into three categories, that is:(a) from 1st october, 1958 to 31st of march, 1960; (b) from 1st of april, 1960 to 13th of november, 1967; and (c) from 14.11.1967 and thereafter.so far as the first period is concerned, the rate of tax is two paise in a rupee and is leviable and payable-(a) where such goods were purchased for use in the manufacture of goods for sale, on the purchase thereof at the stage at which they were so purchased by the dealer liable to pay tax ..... in this petition, the validity of certain provisions of the punjab general sales tax act, 1948 (hereinafter called the act), as amended by punjab general sales tax (haryana amendment and validation) act, 1967 (hereinafter called the amendment act) is called in question.2 ..... the next contention is that the amending act does not fix the stage of levy of tax as envisaged in bhawani cotton mills' case : [1967]3scr577 .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1999(5)ALD693; 1999(5)ALT274
..... pointing out that there is no justification for choosing the date 1-4-1976 for making distinction among the theatres constructed before 1-4-1976 and the theatres which came into existence after 1-4-1976, the learned single judge held that explanation to section 5(1) is applicable to the existing theatres in the first year after coming into force of the amendment act 58 of 1976 and thereafter explanation to section 4-c alone would be applicable. ..... paragraph 3 of the impugned memo is important for the purpose of this case and the same is as follows:'government after careful consideration of the matter hereby extend the time upto the end of december, 1995 so as to enable the licensing authorities to consider and dispose of the applications of the theatre managements, who have not availed the benefit so far, subject to the conditions already stipulated in the memos and also the following conditions: (i) the reduction shall be permitted in respect of the theatres which have not availed the benefit so far from 21-9-1988. ..... thakur bharat singh 0043/1967 : [1967]2scr454 . .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1977SC2328; (1977)GLR919; (1977)0GLR90; 1977LabIC1857; (1977)4SCC193; [1978]1SCR423
..... .(2) when a judge has been or is so transferred, he shall, during the period he serves, after the commencement of the constitution (fifteenth amendment) act, 1963, as a judge of the other high court, be entitled to receive in addition to his salary such compensatory allowance as may be determined by parliament by law and, until so determined, such compensatory allowance as the president may by order fix.there was an original clause (2) in article 222 which was in almost identical terms ..... .(2) when a judge has been or is so transferred, he shall, during the period he serves, after the commencement of the constitution (fifteenth amendment) act, 1963, as a judge of the other high court, be entitled to receive in addition to his salary such compensatory allowance as may be determined by parliament by law and, until so determined, such compensatory allowance as the president may by order fix.105 ..... . this interpretation was accepted by parliament when it inserted article 233a which was inserted by the constitution 20th amendment act, 1960, validating certain appointments and recognizing the distinction between 'posting' and 'transfer' in sub-clause (a) (ii) of article 233a.'80 ..... . it was omitted by the constitution (seventh amendment) act, 1956 but it was again introduced in its present form by the constitution (fifteenth amendment) act, 1963 ..... . the roman emperor did not dictate the injustice of crucifixion which pontius pilate decreed ..... (miss) binapani dei, : (1967)iillj266sc and a.k. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1981MPLJ580; [1982]49STC64(MP)
..... the supreme court held the pondicherry act to be invalid on the ground that it enabled the application of future amendments made by the madras legislature in the madras act up to the date of the enforcement of the pondicherry act. ..... in that case the pondicherry legislature enacted the pondicherry general sales tax act, 1965, which was to come into force on issue of a notification by the government, the effect of which was to apply to pondicherry the madras general sales tax act, 1959, with all amendments up to the date of the notification. ..... sub-section (2) of section 9 further says that notwithstanding anything contained in any judgment, decree or order of any court or tribunal or other authority, all penalties under the general sales tax law of any state imposed or purporting to have been imposed in pursuance of the provisions of section 9 of the principal act and all proceedings, acts or things taken or done for the purpose of, or in relation to, the imposition or collection of such penalties, before the commencement of this act shall, for all purposes, be deemed to be and to have always been imposed ..... union territory of pondicherry : [1967]2scr650 . ..... shama rao's case : [1967]2scr650 now does not hold the field. ..... shama rao's case : [1967]2scr650 was confined to its own facts, which is another way of overruling a decision,10. .....
Tag this Judgment!Court : Mumbai
Reported in : 2004(1)ALLMR466; 2004(3)BomCR391; 2003(4)MhLj679a
..... ''(10) in the present case it is clear that the pondicherry legislature not only adopted the madras act as it stood at the date when it passed the principal act but also enacted that if the madras legislature were to amend its act prior to the date when the pondicherry government would issue its notification it would be the amended act which would apply. ..... the result was that the pondicherry legislature accepted the amended act though it was not and could not be aware what the provisions of the amended act would be. ..... 11 of the judgment as follows:'it was argued that amendments introduced in the bombay rent act subsequent to the amendment of the central act on 2nd june 1972 cannot be said to have been applied to the pondicherry (sic cantonment) area. ..... let to any tenant, and against the assignment or transfer in any other manner of the interest of the tenant therein, contained in sub-section (1), shall, subject to the provisions of this sub-section, be deemed to have had no effect before the commencement of the bombay rents, hotel and lodging house rates control (amendment) ordinance, 1959 in any area in which this act was in operation before such commencement; and accordingly, notwithstanding anything contained in any contract or in the judgment, decree or order of a court, any such sub ..... union territory of pondicherry in : [1967]2scr650 . .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2006(1)ALD106(SC); 2006(1)AWC229(SC); JT2005(9)SC127; (2006)1SCC228
..... it is, therefore, not in dispute that the lease of land is not covered by the statute, the pondicherry buildings (lease and rent control) act, 1969 in force extending protection to tenants.21. ..... therefore, in our opinion, the provisions of the pondicherry buildings (lease and rent control) act, 1969 cannot be invoked. ..... mukul rohtagi, learned senior counsel appearing for respondent no.2 - the hindustan petroleum corporation limited, invited our attention to the preamble of the petroleum act, 1934 which reads as under:'an act to consolidate and amend the law relating to the import, transport, storage, production, refining and blending of petroleum. ..... , : [1967]2scr559, this court held as under:'where the suit for ejectment of tenant after termination of tenancy, having been dismissed, a compromise decree was passed in the appellate court, enabling the decree-holder, by its terms to execute the decree if the judgment-debtor failed to pay 'rent' for any three consecutive months.held the compromise deed did not create a lease but a license. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1982SC1325
..... neither death penalty nor life sentence was the rule under the law as it stood after the abolition of sub-section (5) of section 367 by the amending act 26 of 1955 and the court was left 'equally free to award either sentence. ..... sub-section (5) of section 367 of the crpc 1898 as it stood prior to its amendment by act 26 of 1955 provided:if the accused is convicted of an offence punishable with death, and the court sentences to any punishment other than death, the court shall in its judgment state the reasons why sentence of death. ..... but, by the amending act 26 of 1955 which came into force with effect from 1st january 1956, this provision was deleted with the result that from and after that date, it was left to the discretion of the court on the facts of each case to pass a sentence of death or to award a lesser sentence. ..... chambliss, another criminologist, also reached the same conclusion in his article on 'types of deviance and the effectiveness of legal sanctions' (1967) wildconcin law review 703 namely, that 'given the preponderance of evidence, it seems safe to conclude that capital punishment does not act as an effective deterrent to murder. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1985(Supp)SCC476; [1985]Supp1SCR145
..... introduced in the place of the old section 65 by sub-section (2) of the amendment act 24 of 1975 and when it was struck down by the high court in rajasekhariah's case (supra); (ii) enhancement of the market fee from one percent to two percent of the price of the specified agricultural produce by amendment of the bye-law pursuant to the raising of the maximum limit from one percent to two percent by the amendment act 17 of 1980 on two grounds, namely, want of sufficient quid pro quo and violation of the requirement of prior publication and subsequent sanction of the amendment to the bye-law by the chief ..... -(1) notwithstanding anything contained in any decree, order or judgment of any court, or other authority any levy or collection of market fee made or purported to have been made, any action taken or thing done in relation to such levy or collection under the provisions of the principal act before the commencement of this section shall be deemed to be as valid and effective as if such levy or collection or action or thing had been made, taken or done under the principal act as amended by this act and accordingly-(a) all acts, proceedings or things done or action ..... it has to be noticed that the observation was made by the learned judge in a case in which the appellants who were manufacturers of medicinal and toilet preparations containing alcohol challenged the constitutional validity of certain provisions of the kerala abkari act, 1967. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1995SC1012; JT1994(6)SC182; 1996(7)KarLJ299; 1994(4)SCALE192; (1994)5SCC593; [1994]Supp3SCR405
..... : air1987sc758 are all on the interpretation of amended sections 23(2) and 28 of the principal act and, therefore on the interpretation of section 30 (2) of the amending act.in vasco de gama (supra), the facts were that the acquisition proceedings were commenced with the notification published under section 4(1) of the principal act on 26.10.1967. ..... while under section 26, the award made by the reference court is deemed to be a decree and the statement of the grounds of every such award a judgment within the meaning of section 2, clause (2) and section 2 clause (9), respectively of the civil procedure code, under section 54, the order passed by the high court is per se decree and it is appealable as such to the supreme court under the civil procedure code. ..... before we proceed further, it is necessary to bear in mind that the determination of the amount of compensation under section 11 as well as by the court on a reference under section 18, are both regarded by the act as an 'award' as distinguished from 'order' or 'decree' of the appellate courts such as high court and the supreme court in appeal against such award. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1975SC1146; (1975)1SCC166; [1975]2SCR774
..... not mean that the suit can be proceeded with and decree for recovery passed, because section 13 of the basic act contains a broad ban on eviction in the following words:13(1) notwithstanding anything to the contrary in any other law, no order or decree for the recovery of possession of any premises shall be made by any court in favour of the landlord against a tenant except on one or more of the following grounds, namely:(emphasis, ours)since the new clauses (f) and (ff) are included by the amendment act in section 13 of the basic act and since the suits we are ..... on appeal by the plaintiff, the additional district judge allowed the appeal on june 8, 1967, and remanded the suit for disposal after taking additional evidence. ..... section 4 of the amendment act introduced the following changes in section 13 of the original act:section 13(1)(f) of the original act stood as follows:13(1) notwithstanding anything to the contrary in any other law, no order or decree for the recovery of possession of any premises shall be made by any court in favour of the landlord against a tenant except on one or more of the following grounds, namely:* * * * *(f) where the premises are reasonably required by the landlord either for purposes of building or rebuilding or for making thereto substantial additions or alterations or for his own occupation if he is the owner or for the occupation of any .....
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