Court : Chennai
Reported in : (1967)2MLJ552
..... the sale price.the sales tax imposed by certain notifications under section 5(2) of the madhya bharat sales tax act, 1950 was held by the supreme court in state of madhya pradesh v ..... . in west bengal there was no sales tax on sales of matches upto may, 1963 and thereafter a tax at 5 ..... . the actual users' import licences were obtained by the petitioners in their names from the controller of imports and exports for importing foreign cotton with letters of authority in the names of the bombay parties to import the cotton covered by ..... in view of the non obstante clause in the opening words of article 304 the ban imposed by article 303(1) against preferential or discriminatory legislation controls state legislation falling within article 304(b) does not arise at the moment in this case.9. ..... . the opening words of sub-section (1) of section 4 in effect mean that section 3 controls the scope of sale or purchase inside a state which is necessarily a sale or purchase outside all ..... also the import of foreign cotton was against actual user's import licence granted to the assessee by the controller of imports and exports for importing foreign cotton ..... . the cement was during that time a controlled commodity and the authorisation of its movement was subject to ..... its branch in bangalore who accepted the same and instructed its bombay office to despatch cement in accordance with the instructions of the buyer and the authorisation therefore from the authorities under the cement control regulations .....
Tag this Judgment!Court : Chennai
Reported in : (1970)1MLJ300
..... any undertaking providing road transport service, where such undertaking is carried on by:(i) the central government or a state government;(ii) any road transport corporation established under section 3 of the road transport corporations act, 1950;(iii) the delhi road transport authority established under section 3 of the delhi road transport authority act, 1950;(iv) any municipality or any corporation or company owned or controlled by the state government.the word undertaking ordinarily means any business or project undertaken, that is, an enterprise. ..... secretaries and officers of the connected department and presided over by the minister in charge of transport decided that under the scheme of nationalisation of bus service the state government would take over the bus service in west godavari and guntur districts, and that, therefore, the minister in charge of the portfolio having pre-determined the issue disqualified himself to decide the issue between the state transport undertaking and the private ..... business framed by the governor of bengal under section 59 (3) corresponding to article 166 (3) of the constitution and the broad scope of the expression executive action, the judicial committee observed at page 221:it is for the same reason that their lordships are unable to accept the respondent's contention, also agreed to by the majority judges in the federal court, that the provision of sub-section (5) of section 2, of the defence of india act provides the only means by which .....
Tag this Judgment!Court : Chennai
Reported in : AIR1969Mad235
..... rajagopalan, invited our attention to some of the decisions and contended that the party who seeks relief, whether under section 10 or under section 13 of the act must adduce strict, satisfactory proof, that the standard of proof should be as high and vigorous as in a criminal case and that the relief should not be granted on the mere balance of probabilities or on the basis of the ..... as corroboration of such evidence is practically impossible and indeed not required, the surrounding circumstances, an overall picture and the conduct of the parties do act as legal accessories to weigh such uncorroborated testimony, even in cases where adultery or any other matrimonial offence is alleged, the offence complained of should be proved beyond ..... ningappa, air 1963 mys 3 again in a second appeal, arising out of proceedings under the hindu marriage act, it was held that the high court cannot interfere with questions of fact in view of the provisions of section 100 ..... other hand, for the relief of judicial separation under section 10(1)(f), the party aggrieved will be entitled to that relief even if he proves one single act of infidelity on the part of the wife, fihe having had sexual intercourse with a stranger. ..... ground that the respondent had had sexual intercourse with some person other than the appellant the prayer for a decree of divorce under section 13(1)(i) of the act on the ground that the respondent was living in adultery was not pressed before us. ..... narain singh, : [1950]1scr781 . .....
Tag this Judgment!Court : Chennai
Reported in : (1969)1MLJ366
..... rajagopalan, invited our attention to some of the decisions and contended that the party who seeks relief, whether under section 10 or under section 13 of the act must adduce strict, satisfactory proof, that the standard of proof should be as high and rigorous as in a criminal case and that the relief should not be granted on the mere balance of probabilities or on the basis of the ..... saraswati : (1966)2mlj263 , when a single judge disposing of a second appeal arising under the hindu marriage act of 1955 interfered with questions of fact in violation of section 100, civil procedure code, the bench reversed that ..... other hand, for the relief of judicial separation under section 10(1) (f), the party aggrieved will be entitled to that relief even if he proves one single act of infidelity on the part of the wife, she having had sexual intercourse with a stranger. ..... fact, which is the primary setting on which the bedrock of the petition under the hindu marriage act, 1955 filed by the appellant rests, and as is now contended, is that the respondent is guilty of sexual intercourse with a third party, other than himself, within the meaning of section 10 (1) (f) of the act, and hence the appellant is entitled to judicial separation on that ground. ..... from this decision, it is clear that while awarding relief under section 23 of the act, the court must be satisfied beyond all reasonable doubt and that what is required is that there should be a strict enquiry into ..... narain singh : [1950]1scr781 . .....
Tag this Judgment!Court : Chennai
Reported in : (1970)1MLJ19
..... : [1951]20itr337(mad) .it is well established law that rules authorised to be made by an enactment, are as effectual as if they were a part of the act itself, the question of their reasonableness, fairness or propriety not being a matter for the courts to investigate.our attention was also drawn to the dicta of the supreme ..... ...if the legislature hands over its essential legislative powers to an outside authority, that would, in my opinion, amount to a virtuel abdication of its powers and such an act would be in excess of the limits of permissible delegation.the essential legislative function consists in the determination or choosing of the legislative policy and of formally enacting that policy into ..... state of west bengal v. ..... he would merely reiterate that where, as in this case, the rule has been made, to all intents and purposes, as though it were a part of the act, and the precaution has been taken of laying the rule on the table of the houses of parliament, for the requisite period, we must not substitute our assessment and judgment, if the ..... on the 'state government increasing the rates acting under section 3 of the madras essential articles control and requisitioning (temporary powers) act, 1949 by two notifications, the appellants challenged ..... , dealt with the sholapur mills case : [1950]1scr869 , and pointed out that with regard to the word ' acquisition ' of property, a reduction of the rent payable by a tenant to a landlord, would not be an acquisition by the government ..... 1950 .....
Tag this Judgment!Court : Chennai
Reported in : (1971)2MLJ502
..... of production, vary from unit to unit and from region to region, that the government themselves have uniformly recognised the necessity for different ex-factory prices for different producers, that the cement control order of 1967, itself proceeds on the basis that a uniform retention price applicable alike to all producers is neither feasible nor possible and that even in 1969, while defending the writ ..... the arguments of learned counsel attacking the amendment order may be summed up as follows:(a) the power of the government to fix a price under section 18-g of the act is delimited by the express provision in the act and is also impliedly controlled by basic well-settled principles of economics that no man can be compelled to carry on his business at a loss by being obliged to sell his goods at less ..... expenses incurred towards freight and that when the attack in the writ petitions is an attack of discrimination in favour of certain units and when there is also a prayer that the cement control regulation account should not be operated by the cement controller (even to the extent of reimbursement of excess freight charges) the other units are clearly necessary parties and the writ petitions should have been dismissed on the ground of non-joinder. ..... state of west bengal : 1967crilj520 , (vide ..... agricultural income-tax act of 1950, as amended by the act of 1959, was questioned as offending article 14, on the ground that in the matter of the imposition or the levy of the income-tax there .....
Tag this Judgment!Court : Chennai
Reported in : AIR1973Mad325
..... 'premises' has been defined by section 2, sub-clause(8) of the west bengal premises rent control act, 1950 as any building or part of a building or any hut or part of a hut let separately and includes(a) the gardens, grounds and out-house (if any) appertaining to such building or part of a building or hut or part of a hut, and (b) any furniture ..... of 'rent' by the english court was not justified while interpreting the term as found in the west bengal premises rent control (temporary provisions) act, 1950, that the definition of rent by the supreme court must, in any event, be deemed to be based upon the peculiar provisions contained in the west bengal premises rent control (temporary provisions) act,1950 and cannot be applied to cases under the madras rent control act the provisions of which are dissimilar and that the observations relating to 'rent' made by this ..... court in : (1969)2mlj8 are opposed to the provisions of section 30 of the madras rent control act, 1960 and must in any event be deemed obiter and will not govern the ..... miss augustine, : [1957]1scr20 a case under the west bengal premises rent control (temporary provisions) act, 1950. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1974Mad135
..... construing a similar provision in west bengal premises rent control (temporary provision) act, 1950, the calcutta high court took the view in kali ..... , contended that the said decision is not applicable to the facts of this case and that decision was given with reference to the definition of 'building' occurring in the madras buildings (lease and rent control) act 1946 (madras act 15 of 1946) and that different considerations arise in examining the nature of the lease in the instant case, which, according to the counsel, should be determined with reference to the relevant provisions of the ..... for the appellants, contends that the said decision of the bench was given with reference to the definition of 'building' as found in the madras buildings (lease and rent control) act, 1946 (madras act 15 of 1946), that what we are concerned with in this case in the 1960 act and that, therefore, different considerations arise. ..... (1964) 68 cwn 1136 in construing a similar provision in west bengal premises tenancy act, 1956.15. ..... this act was repealed by the madras buildings (lease and rent control) act, 1949 (madras act 25 of 1949 which came into force on ..... : air1966ker244 (fb), had to consider the provisions of section 2(1) of the kerala buildings (lease and rent control) act, 1959, as amended by the act 29 of 1961. ..... 1953 sau 113, the question that arose for consideration was regarding the interpretation of section 5(8)(b) of the bombay rents and hotel and lodging house rates (control) act, 1947. .....
Tag this Judgment!Court : Chennai
Reported in : (1972)2MLJ554
..... construing a similar provision in west bengal premises rent control (temporary provision) act, 1950, the calcutta high court took the view in kali prasad v ..... the appellants, contended that the said decision is not applicable to the facts of this case and that decision was given with reference to the definition of 'building' occurring in the madras buildings (lease and rent control) act, 1946 (madras act xv of t9i6) and that different considerations arise in examining the nature of the lease in the instant case, which, according to the counsel, should be determined with reference to the relevant provisions of the present ..... venkataramani, appearing for the appellants, contends that the said decision of the bench was given with reference to the definition of 'building' as found in the madras buildings (lease and rent control) act, 1946 (madras act xv of 1916), that what we are concerned with in this case is the 1960 act and that, therefore, different considerations arise. ..... 1136, in construing a similar provision in west bengal premises tenancy act, 1956.14. ..... lakshmanaswami mudaliar : (1969)1mlj153 , where the learned judge has observed at page 159:as the cost of amenities, which include fittings and fixtures, forms a constituent of and makes up the total cost of a controlled building, it is a proper inference that a building as contemplated under the act would include fittings and fixtures of the type referred to as amenities.in that case, the lease did not include the cinerra equipment. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1973Mad198
..... but the requirement that in respect of the exercise of his functions he was to be aided and advised by a council of ministers did not prevent him from exercising his individual judgment in any case where by or under the act he was required to do so, that is to say, in such cases though the governor might be aided and advised by the council of ministers, he was not bound to follow such aid and advice, but would be free to exercise his ..... functions except in so far as he is by or under the constitution required to exercise his functions or any of them in his discretion and by sub-art(2) on a question whether any matter is or is not a matter in regard to which he is by or under the constitution required to act in his discretion his decision in his discretion his decision shall be final and by sub-art(3) whether any and if so what, advice was tendered by ministers to him shall not be inquired into in any court. ..... members of the council of ministers including the prime minister come out of the house of commons, the choice of the prime ministers rests with the king but the choice is controlled by conventions and the prime minister is appointed by the king, who, on the advice of the prime minister appoints the other ministers. ..... mukherjee, governor, west bengal was of the view that ..... report we find mention made that the question as to what, if any, are the discretionary functions of the governor under the constitution was considered soon after it came into force in 1950, and that dr. b.r. .....
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