Court : Supreme Court of India
Reported in : AIR1991SC101; (1991)1CompLJ1(SC); JT1990(3)SC725; 1991LabIC91; (1991)ILLJ395SC; 1991Supp(1)SCC600; [1990]Supp1SCR142; 1991(1)SLJ56(SC)
..... [1953]4scr533 the expression 'decree for recovery of possession' in section 18(1) of the west bengal premises rent control (temporary provisions) act (xvii of 1950) fell for consideration, and the controversy was whether it included also an order for recovery of possession made under section 43 of the presidency small cause court act, 1882 and hence a person against whom an order under the latter provision was ..... the air india to terminate the services of a person who was alleged to have misbehaved with air hostesses, observed on page 616 of the report that the anxiety of the legislature to effectively achieve the object of duly protecting the workmen against victimisation of unfair labour practice consistently with the preservation of the employer's bona fide right to maintain discipline and efficiency ..... of limited legislatures, parliaments or rule making bodies, who are not expected or enjoined to make rules or laws contrary to or in derogation or the constitutional prohibitions and inhibitions ..... ramamurthi further submitted that provisions of regulation 9(b) of the delhi road transport authority (conditions of appointment and service) regulations, 1952 cannot be rendered constitutional by reading the requirement of recording reasons and confining it to cases where it is not reasonably practicable to hold an enquiry and reading it down further ..... the language of jurisprudence status is a condition of membership of a group of which powers and duties are exclusively ..... .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1953Cal263,56CWN875
..... the provisions of ordinance 9 of 1947 were subsequently re-enacted as an act of the west bengal legislature, the west bengal criminal law amendment act (7 of 1947). ..... the ordinance was promulgated on the 11-1-1950 and it was subsequently enacted into an act of the legislature, with slight modifications as west bengal act, 9 of 1950 which came into force on 15-3-1950. 34. ..... it appears that in 1950 the advisers of the ordinance-making authority forgot not only bengal act 12 of 1946 by which the provisions of the central ordinance 29 of 1943 had been adopted and made an enactment of the bengal legislature but also west bengal ordinance no. ..... basu, it states as follows: 'the governor has been pleased to accept with effect from 16-12-1949, the resignation tendered by sri narayan chandra basu from membership of the special tribunal constituted by the government of india, war department notification no. ..... the first was considered both by this court and the supreme court in the case of --'anwar ali sarkar', : air1952cal150 (fb) and 1952 s c k 284 (sc)) and held to be too vague and indefinite to be capable of furnishing any reasonable basis of classification. ..... it was pointed out that the offence had already been committed and there was no fundamental right which prohibited a proceeding to punish an offence already committed. ..... had the ordinance been promulgated on 16-12-1949, so as to bring it into force before or simultaneously with the resignation of mr. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [2005]124CompCas201(P& H); (2004)4CompLJ288(P& H); [2004]55SCL165(Punj& Har)
..... . the west bengal legislature passed an act (west bengal oriental gas company act, 1960) [15 of 1960] with a view to take over the management ..... any scheme, pension scheme or the insurance scheme framed under the employees provident fund and miscellaneous provisions act, 1952;(v) under which deposits are accepted under section 58a of the companies act, 1956;(vi) under which deposits are accepted by a company declared as a nidhi or a mutual benefit society under section 620a of the companies act, 1956;(vii) falling within the meaning of chit business as defined in clause (d) of ..... had entertained the writ petition under article 226 of the constitution of india, and had issued a writ prohibiting the election commission from proceeding with the enquiry, alter overruling the preliminary objection on the issue of jurisdiction ..... . the legislature was not unaware of a known malady that the private sector companies were becoming sick after incurring huge debts, rendering small investors destitutes, heaping miseries on the weaker sections of the society and, therefore, if by a measure a company which is permitted to attract deposits from the public generally described as gullible simultaneously, an obligation is imposed to keep an infinitesimally small portion of assets as liquid finance ..... be given appropriate powers to grant exemption, to any class of arrangement, which was not desired to be regulated as a 'collective investment scheme' including time shares, club memberships etc .....
Tag this Judgment!Court : Chennai
Reported in : AIR1989Mad149
..... yardstick groups which are to be treated as socially and educationally backward are to be identified to simplify the question : should membership of caste signify a class of citizens as being socially and educationally backward if 'caste' is adopted as the criterion for determining social and educational backwardness does it provide a valid test or it would violate article 15(1) which prohibits discrimination against any citizen on grounds of religion, race, caste, sex, place of birth or any of them.''26. ..... iyer, who delivered the leading judgment has held as follows : --'the film censor board, acting under section 5a of the cinematograph act, 1952 is specially entrusted to screen off the silver screen pictures which offensively invade or deprave public morals ..... : whoever in any public place or in any other place within public view burns, mutilates, defaces, denies, disfigures, destroys, tramples upon or otherwise brings into contempt (whether by words, either spoken or written, or by acts) the indian national flag or the constitution of india or any part thereof, shall be punished with imprisonment for a term which may extend to three years, or with fine, or with both.explanation 1: comments expressing disapprobation ..... the problem of violence in the punjab, in west bengal and eastern states of india. ..... authorised the government to nominate a representative of the anglo-indian community to a state legislature in certain cases. ..... sending simultaneous intimation to the chairman .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(4)AWC3270
..... . there is nothing in the philosophy and ethics of christianity which might be construed as prohibiting adoption and what is not expressly or impliedly prohibited by legislature or any tenet of christianity shall be deemed to be permitted by law and must ..... case, there exists no such custom, a childless hindu converted to christianity may in exercise of his fundamental right to life, adopt a child and in the case the only formality in order to constitute valid adoption would be a physical act of giving and taking 'a ceremony imperative in all adoptions' and this requisite is satisfied in it s essence only by actual delivery and acceptance of boy and since an adopted child seeks to displace the natural succession of property ..... . uncodified hindu law both as to adoption and succession was, to some extent, based on customs having the force of law and civil courts to which bengal, agra and assam civil courts act, 1887, was applicable, were obliged to decide any question regarding succession, inheritance, marriage or caste or any religious usage or institution on the basis of such law if the parties to the suit or proceeding ..... 'baptism, a sacrament that admits a person to membership in the christian church ..... the petition, it was pleaded that ajit datt had filed a civil suit for injunction in the court of munsif (west), allahabad, for house no. 9 n.k. ..... in cross-examination that her husband had bought agricultural land in khatima, district nainital and the faintly lived in allahabad till 1952 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1994SC1918; JT1994(2)SC215; 1994(2)SCALE37; (1994)3SCC1; [1994]2SCR644
..... [1978]2scr1 , once again examined the relevant provisions of the constitution and the commission of inquiry act, 1952, and observed in paragraph 33 as under :in our country, there is, at the top, a central or the union government responsible to parliament, and there are, below it, state governments, responsible to the state legislatures, each functioning within the sphere of its own powers which are divided into two categories, the ..... from indian life, this assembly is of the opinion that no communal organisation which by its constitution or by exercise of discretionary power vested in any of its officers and organs admits to, or excludes from, its membership persons on grounds of religion, race and caste, or any of them should be permitted to engage in any activities other than those essential for the bonafide religious, cultural, social and educational needs of the ..... . 1 scr 493, another constitution bench considered the effect of interim stay of general elections to west bengal legislative assembly granted by the calcutta high court in a writ proceeding, held that the high court must observe self imposed limitation on their power to act under article 226 by refusing to pass orders or giving directions which will inevitably result in an indefinite postponement of elections to legislative bodies, which are the very ..... of the session to the five independent mlas disqualified by him and simultaneously made arrangements to prohibit their entry into the assembly. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1958SC578; (1961)ILLJ339SC; (1964)ILLJ9SC; [1959]1SCR12
..... may not have the effect of destroying the petitioners' business altogether or even crippling it in the manner indicated but taken cumulatively along with the provisions contained in sections 14 and 15 of the impugned act which applied the provisions of the industrial employment (standing orders) act, 1946, and the employees' provident funds act, 1952, to newspaper establishments would certainly bring about that result and would therefore constitute an unreasonable restriction on the petitioners' right to carry on business ..... . in relation to constitutional prohibitions binding a legislature it is clear that the legislature cannot disobey the prohibitions merely by employing indirect method of achieving exactly the same result ..... . we are supported in this conclusion by the observations of the chairman himself in the note which he made simultaneously with the publication of the decision on april 30, 1957, that it was difficult for the wage board at that stage to work out with any degree of precision, the economic and other effects of the decision on the ..... . this criterion was approved of in state of west bengal v ..... . when a vacancy thus arose in the office of the chairman or in the membership of the board, the central government was to take immediate steps to fill the vacancy in accordance with the act and the proceedings might be continued before the board so reconstituted from the stage at which the vacancy was so filled. 20 .....
Tag this Judgment!Court : Delhi
Reported in : [1987]62CompCas769(Delhi)
..... potti drew our attention to ordinance no.96 of 1985 which is an amendment to the kerala money-lenders act by which section 4 of the principal act has been amended to provide that deposits shall be accepted only in accordance with the provisions of the reserve bank of india act, and wanted to urge that this shows that the legislature of kerala took acceptance of deposits also to be covered by the activity of money-lending and ..... totally disproportionate to what is necessary in the interests of the general public and, in fact, though they are called restrictions, they amount to prohibition of the business, which is being carried on and this is clearly, thereforee, vocative of the fundamental rights of the petitioner. 12. ..... firm, resulting in ruination of a large number of depositors as reported in state of west bengal v. ..... to vary the composition of the board of directors of the banking company, by removing a director from the membership of the board of directors and appointing a suitable person, in place of the person so removed. ..... further (at page 694) : 'the legislature was not unaware of a known malady that the private sector companies were becoming sick after incurring huge debts, rendering small investors destitute, heaping miseries on the weaker sections of the society and, thereforee, if by a measure, on a company which is permitted to attract deposits from the public generally described as gullible, simultaneously, an obligation is imposed to keep an infinitesimally small ..... 1952 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1956SC246; [1956]29ITR349(SC); [1955]2SCR1196
..... . the state of such references could, without touching the nature and purpose of the classification, be extended by the travancore legislature by a necessary amendment of the travancore act, xiv of 1124, and if such an amendment had been grafted on the act as originally passed, no one belonging to the particular class or category of substantial evaders of income-tax could have complained against ..... article 226 for a writ restraining the election commission, a statutory authority constituted by the president and having its office permanently located at new delhi, from enquiring into his alleged disqualification for membership of the assembly, and a single judge of the high court had issued a writ of prohibition restraining the election commission from doing so. ..... . because, if that was the position at any particular period of time, section 5(1) of the travancore act xiv of 1124 would certainly be discriminatory in so far as there will be two distinct provisions simultaneously existing in the statute book, one of which could be applied to some persons within the same class or category and the other could be applied to others also falling within the same class or ..... state of west bengal : 1953crilj1621 ..... the petitioner, by his registered letter dated the 23rd february, 1952 pointed out to respondent 1 the illegality of the steps proposed to be taken by him to which, however, the latter replied by his letter dated the 13th march, 1952 stating that he proposed to consider income for the full .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1982SC149; 1981Supp(1)SCC87; [1982]2SCR365
..... of the constitution, under which a judge of the high court can he removed from his office by an order of the president passed after ah address by each house 6th parliament, supported by a majority of the total membership of that house and by a majority of not less than two-thirds of the members of that house present and voting, has been presented to the president in the same session for such removal, on the ..... the supreme power of the state is shared between the three principal organs, the executive, the legislature and the judiciary, each holds a distinct position in the overall constitutional scheme, and has broadly separate functions and responsibilities from those vested in the other organs, a constitution deems the simultaneous co-existence and effective functioning of all three organs imperative to the proper working of ..... envisaged appointment of additional judges, the expression 'additional judge' may be understood in contradistinction to permanent judge or an acting judge or recalling of a retired high court judge, the expression 'permanent judge' in relation to high court judge is to be found in art 220 which prohibits a permanent judge of a high court from pleading or acting in any court or before any authority in india except the supreme court and the other high ..... . of income tax, west bengal : [1978] ..... of interpretation enunciated by this court in gordhandas bhanji's case : [1952]1scr135 (supra) cannot apply in the construction of the circular letter. .....
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