Court : Supreme Court of India
Reported in : AIR1966SC69; 1966CriLJ75; [1965]3SCR467
..... 5(1) of the west bengal criminal law amendment (special courts) act, 1949 by act 27 of 1956 take cognizance upon a charge sheet because it is neither entitled to follow the procedure for trial under s. ..... state of west bengal [1963] 1 s.c.r. ..... 4515-j dated may 8, 1959 (law judicial department), government of west bengal. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1965SC1722; [1965]3SCR307
..... common question which arose and still arises is whether these wakfs are affected by the passing of the west bengal estates acquisition act, 1953 (west bengal act i of 1954). ..... earliest statute on the subject is one of 1601 in the forty-third year of the reign of queen elizabeth i and in its preamble it gave a list of charitable objects which came within the purview of that act, and for another, courts in england extended these instances to others by analogy and the subject is often rendered vague and difficult to comprehend. ..... the judicial committee acceded to this view but pointed out further :- 'it is to be observed, moreover, that under the income-tax act the test of general public utility is applicable not only to trusts in the english sense, but is to be applied to property held under trust 'or other legal obligation' - a phrase which would include moslem wakfs and hindu ..... 1974, that neither the wakf validating act 1913 nor the shariat act 1937 had the effect of abrogating the privy council decisions on the meaning of 'charitable purpose' as such. ..... 6(1)(i) would exempt them from the operation of the act; otherwise, in view of the provisions of sections 3, 4 and 5 the estates of the intermediaries vested in the state on the appointed date. ..... for the purposes of the validating act the term 'wakf' was defined to mean 'the permanent dedication by a person professing the mussalman faith of any property for any purpose recognized by the mussalman law as religious, pious or .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1969(2)LC616(SC)
..... but during the pendency of this review petition the governor of west bengal issued ordinance viii of 1965 on september 20, 1965 purporting to amend section 4 ofthe west bengal criminal law amendment (special courts) act, 1949 by deletion of old sub-section (3) and the insertion of a new sub-section (3) thereto reading:'if at any time the state government thinks fit to do so, it may withdraw any case from any special court and transfer ..... the argument of counsel for the appellant was that although it was open to the state legislature by an act and the governor by an ordinance to amend the west bengal criminal law amendment (special courts) act, 1949 it was incompetent for either of them to validate an order of transfer which had already been quashed by the issue of a writ of certiorari by the high court and the older of transfer being virtually dead, could not be ..... in this appeal by special leave the appellant impugn the west bengal criminal law amendment (special courts) amending and validating ordinance, 1965 as also act xxviii of 1965 which replaced the ordinance.2. ..... immediately after the passing of the order by the learned single judge the west bengal criminal law (amendment) (special courts) amending act xiv of 1954 was passed and a new sub-section, viz; sub-section (3) was appended to section 4 of the 1949 act. ..... by notification dated december 8, 1959 (west bengal criminal law amendment (special courts act. ..... on december 11, 1965 act xxviii was passed to replace the ordinance. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (SCSuppl)2004(2)CHN164; 2004(3)SCALE36; (2004)4SCC252
..... must be filed shall be thirty days from the date of the order appealed against:provided that an appeal against any order referred to in sub-section (2) of section 18a made before the commencement of the west bengal land reforms (amendment) act, 1960 may be filed within ninety days of such commencement:provided further that the provisions of section 5 of the indian limitation act, 1908 shall apply to an appeal under this section. ..... the respondent made an application under section 8 of the west bengal land reforms act, 1955 (for brevity 'the act') in the munsif court claiming right of pre-emption on the basis of vicinage being the owner of adjoining plots of land purchased ..... for consideration in that decision was 'whether the appellate authority constituted under section 18 of the kerala buildings (lease and rent control) act, 1965 has power to condone the delay in the filing of appeal before it under the said section'. ..... : air1995sc2272 the supreme court considered the legislative history of section 18 of the kerala building (leasing and rent control) act, 1965 to construe whether the appellate authority constituted thereunder has the power to condone the delay in filing of the appeal before ..... therefore, when the rent act of 1965 was enacted it was not necessary to include an express provision incorporating the provisions of section 5 of the limitation act, because by virtue of section 29(2) the provisions of section 5 ..... the rent act of 1965 was preceded by the rent act of 1959. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1970Kant171; AIR1970Mys171
..... for eviction filed when the west bengal premises rent control (temporary provisions) act, 1950, was in force, the provisions of section 24 of the west bengal premises tenancy act, 1956, which repealed the former act ..... preferred an appeal under section 39 of the mysore shops and commercial establishments act, 1961, (hereinafter referred to as the shops & establishments act), before the commissioner of labour in mysore (hereinafter referred to as the commissioner), who is the appellant authority under the said act after section 2-a was inserted in the act by the industrial disputes (amendment) act, 1965, (central act xxxv of 1965), the commissioner issued a circular (marked exhibit iii in such of these ..... petitions) in which it was stated that a workman who is removed or dismissed from service by his employer can get better reliefs under the provisions of the act than under the provisions of the ..... . what applies to a legislative enactment, applies to every part of it including every section of it; section 2-a being inserted by the industrial disputes (amendment) act 1965, which is a parliamentary enactment, the only two tests to be satisfied for that section being valid, are:(i) whether that section is with respect to a topic assigned to parliament; and .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2007SC2640; JT2007(6)SC188; 2007(6)SCALE159; 2008(1)SLJ93(SC)
..... , that the appeal was preferred by primary school council or by the chairman, ad hoc committee, nadia district primary school council was held to be not maintainable due to section 37 of the west bengal primary education act, 1970 read with section 93 and the notification issued by the government of west bengal dated 30th june, 1990. ..... as undertaking to given to the court by the first respondent (state of west bengal) and the fourth respondent (director of school primary education, west bengal) through their counsel mr. ..... by notification dated 26th october, 1971, the government of west bengal recognized the training as an additional qualification for appointment as assistant teacher. ..... the secretary to the government of west bengal in the education department will register in the registry an affidavit incorporating the undertaking in the record of the present case upon its being field. ..... in the present case, if the respondents would have challenged their retirement being violative of the provisions of the act, perhaps the nigam could have taken appropriate steps to raise funds so as to meet the liability but by not asserting their rights the respondents have allowed time to pass and after a lapse of couple of years, they ..... a panel for appointment of primary teachers was prepared in 1980 for the district of nadia in which 1965 candidates were included in the panel. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1993KAR2117; 1993(3)KarLJ126
..... (dean pound in 34 harvard law review 449 at 452)'.the learned judge while concluding said:'tested in the light of these considerations i am of opinion that the whole of the west bengal special courts act of 1950 offends the provisions of article 14 and is therefore bad. ..... :'licences granted for manufacture and bottling of arrack cease to be valid:- (1) notwithstanding anything contained in this act or in any judgment, decree or order of any court, every licence granted: - (i) to manufacture arrack; or (ii) to bottle; or (iii) to manufacture and bottle arrack; for sale shall, cease to be valid on the expiry of 30th june, 1993; provided that nothing ..... arrack for sale be granted to any person who is not the holder of a distillery licence granted under section 16'.the ordinance amends this provision and the amended provision reads as follows:'notwithstanding anything contained in this act, no licence, - to manufacture and bottle arrack for sale be granted to any person other than a company or an agency owned or controlled by the state government or a state government department'.the ordinance also introduced section 16-b, which reads as follows ..... section 16-a of the karnataka excise act, 1965 ('the act' for short) provided for the grant of licence to manufacture and bottle arrack, for sale. .....
Tag this Judgment!Court : Allahabad
Reported in : [2006(109)FLR877]; (2006)IIILLJ276All
..... specifically provided to make an application and that for preferring an appeal and references under the provisions of the act as section 8 of the west bengal land reforms act 1955 prescribes the period of limitation for applying to enforce presumption rights, it does not speak of application of section 5, limitation act or its principles. ..... penalty for malicious or vexatious claims- (1) the state government may, by notification in the official gazette, appoint a presiding officer of any labour court or industrial tribunal, constituted under the industrial disputes act, 1947 (14 of 1947), or under any corresponding law relating to the investigation and settlement of industrial disputes in force in the state or any commissioner for workmen's compensation or other officer with ..... act of 1963 and section 18 of the rent act of 1965, provisions of section 5 would automatically get attracted to those proceedings, as (here is nothing in the rent act of 1965 expressly excluding the applicability of section 5 of the limitation act to appeals under section 18 of the rent act ..... 18 of the kerala rent act, 1965 functions as a court and the period of limitation prescribed therein under section 18 governing appeals by aggrieved parties will be computed keeping in view the provisions of sections 4 to 24 of the limitation act, 1963 such proceedings will attract section 29(2) of the limitation act and consequently section 5 of the limitation act would also be applicable to ..... act was passed in 1965 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2002SC1598; 2002(6)BomCR367; JT2002(3)SC304; 2002(3)SCALE122; (2002)4SCC638; [2002]2SCR661
..... : 1966crilj805 , where-under the question for consideration was whether the earlier decision of the high court regarding the unconstitutionality of section 4(1) of the west bengal criminal law amendment act, would be binding between the parties and the correctness could not be collaterally or incidentally challenged the court held that it would not be permissible for the state government to challenge the correctness ..... pradesh high court has come to the conclusion that the rights accrued in favour of the respondents to receive interim payments under section 39 of the andhra pradesh estates (abolition and conversion into ryotwari) act, 1948, which has already become final, the earlier judgments of the high court, not being assailed, the decision of the supreme court in the venkatagiri's case, would not take away that ..... the cause between the state and each of the petitioner had no personal or individual element in it, and on the other hand, challenge was to the constitutional validity of 1979 act, when the supreme court held that the act is constitutionally valid, it would be difficult to contend that the law laid down in the judgment would bind only hansa corporation, who has approached the supreme court and not the ..... of bombay (73 indian appeals 271) which had been pressed into service by the learned advocate general of state of west bengal, has been pressed into service by mr. ..... 496 of 1965 was not under appeal before this court and the court did not advert to the reasons given ..... 1965 .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2006(6)ALT523; 2007(1)CTC97; AIR2007AP57; 2007(2)AIRKarR382(FB)
..... the division bench relied on section 4b of west bengal land reforms act, 1955, which required collector's permission for felling the trees by owners of non-forest private plantations and held that ..... if it had not been previously registered, and as if such presentation for re-registration was a presentation for registration made within the time allowed therefor under part iv, and all the provisions of this act, as to registration of documents, shall apply to such re-registration; and such document, if duly re-registered in accordance with the provisions of this section, shall be deemed to have been duly ..... or award or a copy thereof passed by a civil court, on consent of the defendants or on circumstantial evidence but not on the basis of any instrument which is admissible in evidence under section 35 of the indian stamp act, 1899, such as registered title deed produced by the plaintiff where such decree or order or award purports or operate to create, declare, assign, limit, extinguish whether in present or in future any right, title or interest ..... was not put on a notice regarding such obligation even though the beneficiary of such burden of the property in law is entitled to the benefit of an obligation arising out of contract (sections 39 and 40 of the tp act); (iii) if the transfer is made by an ostensible owner (who on the face of it is inferred to be authoritative transferor of property) for consideration, the transfer shall not be voidable on that ground provided the ..... 1965 .....
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