Court : Supreme Court of India
Reported in : AIR1973SC974; (1973)1SCC336; [1973]3SCR222
..... the rival contentions which were advanced were that the effect of the change made by the constitution first amendment act 1951 in article 19(6) was not to exempt the law passed for creating a state monopoly from the application of the rule prescribed by the first part of article 19(6). ..... bhanji munji's case was distinguished on the ground that after the constitution fourth amendment act it no longer held the field. ..... in kochuni's case, however, the effect of the constitution fourth amendment act 1955 on article 31 was considered. ..... the new clause inserted in article 19(6) by the constitution first amendment act 1951 did not apply to the facts of this case. ..... the validity of the provisions of the madras act 18 of 1968 which amended the act had been canvassed before this court but it was observed that it was not necessary to decide that matter while deciding the question of the validity of the impugned scheme.4. ..... as pointed out by the high court a third attempt was made by way of filing writ petitions in the high court out of which the present appeals have arisen to impugn the validity of chapter iv-a of the act as amended by madras act 18 of 1968. ..... : [1969]3scr447 the validity of the punjab; cattle fairs (regulation) act 1967 came up for examination. ..... in municipal committee, amritsar and anr. v. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1973SC1374; (1973)IILLJ120SC; (1973)2SCC1; [1973]3SCR943
..... levied and collected in a division, shall be applied towards meeting the cost of the drainage schemes which the board may, with the concurrence of the government, undertake in that division.14in answer to the contention that the section furnishes no sufficient guidelines for exercising the discretion to fix the rate, and therefore, the section was bad on the ground of excessive delegation of legislative power, the court said that the act contained sufficient guidelines for the fixation of the rate of cess, that there was enough materials on records to justify ..... the delhi municipal corporation act (66 of 1957)by section 113(2) had empowered the corporation to levy optional taxes.under section 150, power was given to the corporation to define the maximum rate of such tax to be levied, the classes of persons and the descriptions of articles and properties to be taxed, the systems of assessment to be adopted and the exemptions if any to be granted. ..... it was further contended that section 5 as amended only prescribed the maximum rate and did not disclose any policy giving guidance to the executive for fixing any rate other than the maximum. ..... state of punjab : [1967]3scr557 , section 5 of the east punjab general sales tax act, 1948 empowered the state government to fix sales tax at such rates as it thought fit. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1973SC1461; (1973)4SCC225; [1973]SuppSCR1
..... . the petitioners therein had challenged the validity of punjab act 10 of 1953 and the mysore act 10 of 1962 as amended by act 14 of 1965, on the ground that these acts violated their fundamental rights, alleging that though the impugned acts were included in the ninth schedule, they did not receive the protection of the 1st, 4th and 17th amendment acts ..... i may now sum up my conclusions relating to power of amendment under article 368 of the constitution as it existed before the amendment made by the constitution (twentyfourth amendment) act as well as about the validity of the constitution (twentyfourth amendment) act, the constitution (twentyfifth amendment) act and the constitution (twentyninth amendment) act:(i) article 368 contains not only the procedure for the amendment of the constitution but also confers the power of amending the constitution. ..... 740-41; footnote 3), it seems to me that, in view of article 51 of the directive principles, this court must interpret language of the constitution, if not intractable, which is after all a municipal law, in the light of the united nations charter and the solemn declaration subscribed to by india. ..... . structuring reason is also calculating expediency, computing the plus and minus of clashing values as a particular time, in a particular place and in particular conditions, striking difficult balances.2012 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1974SC228; 1974CriLJ313; (1974)1SCC167; [1974]2SCR154
..... it transpires that the central committee for food standards, constituted under section 23(1) of the act is stated to have accepted the recommendation of its sub-committee to the effect that saccharin may be permitted to be used in scented supari to the extent of 100 parts per million, and steps are under way for suitable amendments to the rules. ..... it is also on record that the commissioner, food & drugs administration, maharashtra state, communicated this information to the municipal corporation of greater bombay pursuant to which a circular dated october 24, 1972 was issued by the corporation which states; circular subject : licensing of scented supari. ..... state of punjab [1972] 3 s.c.c. ..... in view of the above object of the act and the intention of the legislature as revealed by the fact that a minimum sentence of imprisonment for a period of six months and a fine of rupees one thousand has been prescribed, the courts should not lightly resort to the provisions of the probation of offenders act in the case of persons above 21 years of age found guilty of offences under the prevention of food adulteration act...28. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1974SC2009; (1974)2SCC402a; [1975]1SCR1
..... --(a) that the person authorised to occupy any corporation premises has, whether before or after the commencement of the bombay municipal corporation (amendment) act, 1960. ..... state of punjab : [1967]3scr399 where this court held section 5 of the punjab public premises and land (eviction and rent recovery) act, 1959 to be void as being in conflict with article 14 of the constitution. ..... state of punjab : [1967]3scr399 but that is not material because, so far as the present cases arising under the government premises eviction act are concerned, the proceedings for eviction were taken and the order of eviction was made before section 8a was introduced in the government premises eviction act and the provisions of the government premises eviction act with which we are concerned are, therefore, the provisions as they stood prior to their amendment by the introduction of section 8a.29. ..... it would appear therefrom that some of infirmities from which the punjab public premises and land (eviction and rent recovery) act of 1959 suffered are not present in the impugned enactments. ..... state of punjab : [1967]3scr399 was the punjab public premises and land (eviction and rent recovery) act, 1959. ..... in that case the question arose under the punjab public premises and land (eviction and rent recovery) act of 1959. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1975SC1007; (1975)1SCC492; [1975]3SCR607; [1975]35STC537(SC)
..... liberty cinema : [1965]2scr477 , the validity of section 548(2) of the calcutta municipal act, 1951, which empowered the corporation to levy fees 'at such rates as may from time to time be fixed by the corporation' was challenged on the ground of excessive delegation as it provided no guidance for the fixation of the amount. ..... in respect of the quantity of arrack purchased by him from government depots, that the power to fix the rate of excise duty conferred under section 22 of the mysore excise act of 1965 on the government was bad for the reason that it was an abdication by the state legislature of its essential legislative function and that no sales tax could be levied on the price for sale of arrack since section 19 of the mysore sales tax act, 1957 under which the tax was levied was beyond the legislative competence of the state ..... state of punjab : [1967]3scr557 the question was whether section 5 of the east punjab general sales tax act, 1948, which empowered the state government to fix sales tax at such rates as it thought fit was bad. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1975SC1952; (1975)2SCC810; [1976]1SCR626; 1975(7)LC817(SC)
..... 999:.the objects and reasons of punjab act 14 of 1962, which brought in certain significant restrictions on alienations and acquisitions of large land-holders starts off in the statement of objects thus:some of the recent judicial pronouncements have the effect of defeating the objectives with which the punjab security of land tenures act, 1953 was enacted and amended from time to time ..... these two appeals turn on the construction of section 19b of the punjab security of land tenures act, 1953 (act x of 1953) (for short, the act). ..... with this end in view, the act has been amended to block all escape routes unearthed by the law-makers as often as the high court has upheld certain patterns of alienations and oblique dealings by interpretative process ..... we are concerned in the present case with sections 10a and 19b which, in their final form, appeared by an amendment of 1952 (act xxv of 1952), but retrospective effect was given with effect from the commencement of the act, viz. ..... a study of the history of the act and the provocation for and frequency of amendments thereto, suggests an unspoken criticism about judicial approach which we will refer to later ..... this invited legislative attention and an amendment of the act was made, viz. ..... the scheme of the act with which we are concerned is fairly simple and somewhat scientific, although its language, what with frequent amendments dovetailed from time to time, has made for ambiguity, obscurity, marginal inconsistency and a rich crop of litigation .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1976SC302; (1976)4SCC535; [1977]1SCR731
..... the respondent landlord submitted that assessment for purposes of rating, in accordance with the provisions of section 3(1 )(b) of the punjab municipal act iii of 1911 (hereinafter referred to as 'the act'), and, in particular, the interpretation of the words 'may reasonably be expected to be let from year to year', impose upon the assessing authorities the obligation not to assess at a higher rental value than the ' ..... clear that, although, legislative provisions, for the fixation of standard rent in new delhi, contained in section 9 of the delhi rent control act 59 of 1958, are comparatively recent and fairly elaborate, yet, the fixation of rates for purposes of assessment of house tax is still governed by the provisions of section 3(l)(b) of the punjab municipal act of 1911, enacted at a time when there was no machinery for the control of rents. ..... soi, praying that certain assessment orders, together with the order under section 84 of the punjab municipal act iii of 1911, passed on 11th february, 1966, by an additional district magistrate of delhi relating to the house of the petitioner at 15, prithviraj road, new delhi, modifying assessments on appeal, ..... desai, basing his argument on this provision, contended that, as there is no such provision in the punjab municipal act, 1911, to imply such a restriction upon powers of assessment, due to rent control legislation, would ..... if the resulting position is not just or equitable, its remedy lies in the amendment of the law itself .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1977SC1884; (1977)3SCC160; [1977]3SCR603; 1977(9)LC461(SC)
..... of the city of bombay municipal act, 1888 the bombay act, 1944, the bombay town planning acts, 1915, 1954 and 1966, the bombay rents control act, 1947 and a number of authoritative pronouncements which would be adverted to at appropriate places to show that the bombay act, 1944 as supplemental to the bombay municipal act, 1888; that the rights acquired and liabilities incurred by virtue of exhibit 'a' granted under the bombay act, 1944 were of abiding nature and did not lapse with the expiry of the said act; that the municipal commissioner survived the lapse o the bombay act, 1944 ..... the conviction and sentence were quashed on the ground that the summons case procedure which had been adopted for trial of the appellant according to section 36 (1) of the east punjab public safety act, 1949 could not be continued after the expiry of the act in the absence of a saving clause similar to section 6 of the general clauses act. 23. s. ..... the state of madras (supra) (1) related to detention under the preventive detention (amendment) act of 1951 and is not germane to the point under consideration. 24. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1977SC2134; 1994(4)SCALE390; (1977)4SCC84; [1978]1SCR279
..... paid the tax as assessed for these years but in february 1968 it received five notices from the municipal committee stating, that in exercise of the powers conferred by section 67 of the punjab municipal act, 3 of 1911, it had decided by a resolution dated january 27, 1968 to amend the lists of assessment for the aforesaid five years by including therein the rent of a portion of the basement of the building which had escaped inclusion in the respective lists.3. ..... we have discussed the entire scheme of the punjab municipal act and have pointed out how on a consideration of its various provisions it is not possible to sustain the view taken by the high court.19. ..... we do not think that there is any parallel between section 82(3) of the bombay act and section 87 of the punjab municipal act.21. ..... chapter v of the punjab municipal act, 1911 deals with 'taxation'. ..... in order to determine the scope and extent of the municipal committee's power to amend an assessment list and the effect of an amendment made in a list, regard must necessarily be had to the language of the statute under consideration and its overall scheme governing the preparation and amendment of assessment lists decisions on other municipal acts containing similar provisions may with profit be perused but they cannot be considered as binding pronouncements on the act which we have to construe in these appeals.9. .....
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