Court : Karnataka
Reported in : 2008ACJ321; 2008(1)KarLJ233
..... the apex court has added, that although the act was extensively modified, pursuant to the 85th report of the law commission, the parliament did not choose to amend section 110a of the act by defining the expression 'legal representatives' in relation to claims under chapter viii of the act as 'the spouse, parent and children of the deceased' as recommended by the law commission. ..... it was also noted, that in making its recommendations on claims for compensation under chapter viii of the motor vehicles act, 1939, the law commission of india, even as late as 1980, had recommended that the entitlement, to claim compensation on the death of a person - should be confined to the spouse, parent and children of the deceased as specified in the fatal accidents act, 1855, overlooking the amendments made in england and other countries by expanding the list of relatives, who are entitled to claim compensation on the death of a person.12. ..... punjab roadways 1967 acc cj 297 (punj) & smt. .....
Tag this Judgment!Court : Delhi
Reported in : [1998]231ITR318(Delhi); [1998]97TAXMAN144(Delhi)
..... 2043 of 1994 again for the amendment of the writ petition on the basis of the order passed by the appropriate authority on november 5, 1993, rejecting the petition filed by the petitioners under section 269uj of the income-tax act, 1961.the appropriate authority filed a reply to the amended writ petition reiterating the stand taken by it in the show-cause notice and the impugned order. ..... every year the government tries to bring about legislation for amending the tax laws and they are always challenged.being not satisfied with existing machinery, parliament introduced in the income-tax act, 1961, chapter xx-a by the taxation laws (amendment) act, 1972, which came into force on november 15, 1972. ..... in addition to the above, the petitioners were obliged to pay under the contract the ground rate, house tax, municipal tax and mutation charges. ..... a division bench of the high court of punjab and haryana took the same view that the capitalisation method should be adopted where there are tenants in the property. ..... state of punjab : (1975)illj228sc .3. ..... state of punjab v. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1970SC564; [1970]40CompCas325(SC); (1970)1SCC248; [1970]3SCR530
..... be said that they are not principles contemplated by article 31(2) of the constitution.the court then applied that principle to the facts of the case and held that the land acquisition (madras amendment) act, 1961, which provided that--(i) the owner of land acquired for housing shall get only the value of the land at the date of the notification under section 4(1) of the land acquisition act, 1894, or an amount equivalent to the average market value of the land during the last five years immediately preceding such date, whichever was ..... where the judicial committee dealing: with section 5 of the punjab alienation act which provided for the avoidance of benami transactions as therein specified which were entered into either before or after the commencement of the act of 1938 held that the same was ultra vires the provincial legislature because it would operate as a prohibition to affect the past ..... yasin's case by the bye-laws of the municipal committee, it was provided that no person shall sell or purchase any vegetables or fruit within the limits of the municipal area of jalalabad, wholesale or by auction, without paying the prescribed fee. ..... the public good is in nothing more essentially interested, than in the protection of every individual's private rights, as modelled by the municipal ..... court in the case of municipal committee of amritsar ..... : [1970]1scr400 and municipal committee, amritsar and ors ..... these relate to municipal tax and ground rent which are also taken into consideration .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1970P& H407
..... administrator, municipality, air 19g9 j & k 88 (fb), but that judgment, far from helping the petitioner, goes against him, as is clear from the following observations:-- 'thus summarising the full bench judgment of this court the position that emerges is as follows:-- '(1) that section 5 of the old act suffered from the same infirmities and was subject to the same criticism as section 5 of the punjab act which was also couched in the same language as section 5 of the old act. ..... the last argument of the learned counsel for the petitioner is that sections 4, 5 and 7 of the central act were still-born in 1958 when the act was enacted as they violated the provisions of article 14 of the constitution and those provisions could not be revived by the insertion of section 10-e by the amending act 32 of 1968 but these sections had to be re-enacted. ..... this argument does not apply now as there is no discrimination after the insertion of section 10-e in the central act by the amending act 32 of 1968, which reads as under:-- 'no civil court shall have jurisdiction to entertain any suit or proceeding in respect of the eviction of any person who is in unauthorised occupation of any public premises or the recovery of the arrears of rent payable under sub-section (1) of section 7 or the damages payable under subsection (2) of that section or costs awarded to the central government under subsection (4-a) of section 9 or any portion of such rent, damages .....
Tag this Judgment!Court : Kerala
Reported in : [1971]28STC722(Ker)
..... the amendment of the 1963 act by the introduction of the new section 21a and the validation of assessments made under the 1963 act by section 7 of the amendment act, it is obvious, can be of no avail to validate an assessment made under the provisions of the act of 1125.3. ..... and, so far as the setting aside of the assessment in appeal is concerned, there is the provision in section 7 of the amendment act, which, applied to the facts of this case, says that notwithstanding the order of the appellate assistant commissioner setting aside the order of assessment, the order of assessment shall be deemed to be as valid and effective as if such assessment had been made under the act of 1963 as amended. ..... that being so, the proceedings for the levy of the tax for the year 1962-63 can only be regarded as maintainable under the provisions of the 1125 act, and that act not providing for a levy on a dissolved firm, the rule in state of punjab v. ..... broach municipality a.i.r. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1971SC481; (1970)2SCC780; [1971]2SCR446
..... while it is true that the principles evolved by the supreme court of the united states of america in the application of the fourteenth amendment were eschewed in our constitution and instead the limits of restrictions,, on each fundamental right were indicated in the clauses that follow the first clause of the nineteenth article, it cannot be said as an absolute principle that no law will be considered bad for sheer vagueness. ..... - the petitioner then asked to be allowed to amend the petition so as to be able to challenge pre,-censorship itself as offensive to freedom of speech and expression and alternatively the provisions of the act and the rules, orders and directions under the act, as vague, arbitrary and indefinite. ..... we allowed the application for amendment, for the petitioner was right in contending that a person who invests his capital in promoting or producing a film must have clear guidance in advance in the matter of censorship of films even if the law of pre-censorship be not violative of the fundamental right.when the matter came up for hearing the petitioner raised four points : (a) that pre-censorship itself cannot be tolerated under the freedom of speech and expression, (b) that even if it were a legitimate restraint on the freedom, it must be exercised ..... khosla, former chief justice of the punjab high court. ..... reliance in this connection is placed on municipal committee amritsar and anr. v. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 1971CriLJ1201
..... as regards the notice under section 195 of the punjab municipal act is concerned, the said provision of the act was amended by act no. ..... 1931 was amended and it was provided that under section 195 of the punjab municipal act for the word 'committee' wherever it occurs, except in the first proviso, the words 'executive officer' shall be deemed to be substituted. ..... after examining the respective contentions of the learned counsel for the parties and after going through the provisions of the punjab municipal act 1911 along with the punjab municipal executive officer act, 1931 and perusing the authorities relied upon by the learned counsel for the state, i am of the opinion that the contention of the learned counsel for the appellants must fail. ..... he contended that a notice under section 195 of the punjab municipal act could only be issued by the committee itself as this section is not mentioned in schedule i of the punjab municipal executive officer act, 1931, his contention is that in view of the provisions of section 4 (b) of the punjab municipal executive officers act, 1931, the executive officer can exercise the powers of the committee regarding the sections which are mentioned in schedule i of the act. .....
Tag this Judgment!Court : Gujarat
Reported in : [1971]41CompCas1098(Guj); (1972)0GLR33
..... it was pointed out that with a view to decide whether a particular enactment is within or beyond the legislative competency of the particular legislature, it is the pith and substance of the enactment which should be taken into consideration, and if this is done, it is quite evident from the long title, preamble and the provisions contained in section 3 and 4 of the state act that the main object, which the state legislature had in view, was to make temporary provisions for industrial relations to prevent unemployment or ..... according to the petitioners, these two impugned sections of the state act also infringe the fundamental rights to hold property contemplated by article 19(1)(f) of the constitution; and (4) if was alternatively contended on behalf of the petitioners that even if it is believed that the impugned sections 3 and 4 of the state act are intra vires the constitutions, the notifications issued under these two sections are vitiated because the notification under section 3 is beyond the scope of that section, and the notification issued under section 4 is issued by the government without ..... state of punjab, wherein the delegation found in section 5 of the punjab general sales tax act, 1948 (46 of 1948), as it originally stood, was under challenge and was found excessive for want ..... as the act did not prescribe any such policy, it must be held that section 5 of the said act, as it stood before the amendment, was ..... municipal corporation, ..... found that in delhi municipality v. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1972P& H80
..... this assumption of a drastic remedy of cancellation of the lease under the punjab village common lands (regulation) act, 1961 in addition to the regular remedies available under the ordinary civil law is said to vest the respondents with discriminatory and unbridled powers without laying down any guidelines and the vires of section 10-a of the act and the rules framed thereunder has also been challenged. 3. ..... section 10-a was then inserted in the act of 1961 by an amending act which came into force in may, 1964. ..... 31a of the constitution of india had been amended by the constitution (seventeenth amendment) act of 1964. ..... 31a of the constitution of india has been amended by the constitution (seventeenth amendment) act, 1964. ..... x x x x (ix) in every case of lease, a lease deed shall be duly executed by a lessee, who shall be bound to surrender to the panchayat possession of the land leased to him if he defaults in the payment of rent, subject to the relevant provisions contained in the punjab tenancy act, 1887.' 5. ..... 10-a (5) of the act of 1961 which may appear to have been drafted in conformity with the amendments brought about by the constitution of india by the constitution (seventeenth amendment) act of 1964. 10. ..... 10-a for payment of compensation in cases where the right of property like a lease was taken away from a citizen of india according to the supreme court ruling in municipal corporation of greater bombay v. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1971SC530; (1971)1SCC85; [1971]3SCR9
..... 366(21) before it was deleted by the constitution (seventh amendment) act, 1956, defined 'rajpramukh' as meaning:(a) in relation to the state of hyderabad, the person who for the time being is recognised by the president as the nizam of hyderabad;(b) in relation to the state of jammu and kashmir, or the state of mysore, the person who for the time being is recognized by the president as the maharaja of that state; and(c) in relation to any other state specified in part b of the first schedule, the person who for the time being is recognised by the president as the rajpramukh of that state, ..... court. moreover, if the president refuses to recognise the person by whom the covenant was entered into as the ruler of the state, he would not be entitled to the amount payable as privy purse under article 291.the dictum that the essential political character of the guarantee for the payment of periodical sums as privy purse is preserved by article 363, and the obligation cannot be enforced in any municipal court was not necessary for the purpose of the decision, and is, in ..... s.c.r. 773 was one where the appellant who was a civil surgeon in the employment of the state of punjab challenged the legality of the orders of suspension, revocation of leave, retention in service after the date of superannuation and institution of the departmental enquiry against him inter alia on the ground that the same were mala fide passed at the instance of the chief minister who was personally hostile to him in order .....
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