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Judgment Search Results Home > Cases Phrase: bombay reorganisation act 1960 section 89 power to construe laws Year: 1962 Page 1 of about 55 results (0.273 seconds)

Jun 24 1962 (HC)

Bhaishanker Avalram Joshi Vs. State of Bombay

Court : Gujarat

Decided on : Jun-24-1962

Reported in : (1963)0GLR1001

..... , the learned assistant government pleader appearing for the state of gujarat, contends that, under the bombay reorganization act, 1960 (hereafter called 'the act'), the appellant would come to be allocated to the state of maharashtra. he relies upon the provisions contained in ss. 81 and 82 of the act. section 81 enacts that 'every person who immediately before the appointed day, is serving in connexion with ..... could to an actionable wrong which did not arise out of breach of contract and at the same time did not answer the description of tort as understood in english law. their lordships observed that 'the word 'wrong' in ordinary legal language means and signifies 'privation of right'.' 26. sri desai strongly relied upon the aforesaid observations and contended that, even ..... the executive power - (a) if such purposes are, as from that day, exclusively purposes of either the state of ..... liabilities arising out of actionable wrongs other than breaches of contracts; and s. 64 is the residuary provision. section 60 enacts as follows : '(1) where, before the appointed day, the state of bombay has made any contract in the exercise of its executive power for any purposes of the state, that contract shall be deemed to have been made in the exercise of .....

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Jan 19 1962 (HC)

Abdul Satar Ahmedbhey and anr. Vs. State of Bombay and ors.

Court : Mumbai

Decided on : Jan-19-1962

Reported in : AIR1965Bom64; (1964)66BOMLR556

..... 25399/b. the order is entitled 'the bombay adaptation of laws (state and concurrent subjects) order, 1956'. the order is made under the provisions of section 120 of the state reorganisation act, 1956. the addition of the above section 23 in the bombay act obviously has nothing to do with the states reorganisation act. mr. joshi has submitted that the section was added in 1956 because by the ..... schedule (item 33, list 1: item 36, list 2: and item 42, list 3). now, under item 33 of list 1 the central government ceased to have power to legislate for requisitioning of properties for any purpose other than the purposes of the union. under item 36 of list 2 the statement government was enabled to legislate for ..... of requisitioning of properties it appears that at the date of the 1952 act whatever was subject to requisition ..... operate and come into effect only upon the lands subject to requisition under the 1952 act ceasing to be subject to requisition under that act. this construction of the section is obviously not grammatical or apparent. the provisions for requisition of properties are expropriatory and must be construed strictly. again, having regard to the legislative history in regard to the subject .....

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Jul 28 1962 (HC)

State of Gujarat Vs. Lasanmal Manumal Mangalani and anr.

Court : Gujarat

Decided on : Jul-28-1962

Reported in : 1963CriLJ533; (1963)GLR270

..... . took various steps. therefore, the prosecution must be said to have commenced from january 27, 1960. that proceeding was pending on the may 1, 1960, when the bombay reorganisation act, 1960, came into force. by virtue of section 92 of that act, that proceeding came to be transferred to the new state. consequently all that was done in ..... and the seizure of the battles from that shop were acts or proceedings whereby criminal law was set in motion. as observed in salmond on torts, 12th edition, page 691, in a suit for malicious prosecution, the defendant ..... party to the proceedings. thus an action for malicious abuse of process will lie against a solicitor who in his client's name has set the law in motion against a plaintiff. it is not, therefore, always necessary for a prosecution to commence that a complaint must have been lodged before a ..... word 'prosecution'. the prosecution only means a proceeding, whereby criminal law is set in motion against a person in respect of some offence. therefore, the raid by the police officer of the first respondent's shop ..... received by him. it is not correct to say that the prosecution commences only on the date when a complaint is filed in a court of law. it is true that prosecution means alleging a person of some offence before a judicial authority; but that is not the only meaning of the .....

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May 03 1962 (SC)

State of Mysore Vs. S.S. Makapur

Court : Supreme Court of India

Decided on : May-03-1962

Reported in : AIR1963SC375; (1964)ILLJ24SC; [1963]2SCR943

..... it but issued, in exercise of his powers in revision, a notice to the respondent to show cause why he should not be removed from service and after taking his explanation ordered his dismissal on july 5, 1956. the respondent filed a revision against this order to the government of bombay and under the states reorganisation act, 1956, that come before the government of ..... under enquiry from all sources, and through all channels, without being fettered by rules and procedure, which govern proceedings in court. the only obligation which the law casts on them is that they should not act on any information which they may receive unless they put it to the party against whom it is to be used and give him a fair ..... . gajanan mahadev : air1954bom351 . 'even assuming that a statement of such a witness is furnished to the government servant, it is a sound rule that courts of law follow and which even domestic tribunals should follow that all evidence must be given in the presence of an accused person and in the presence of a person against whom ..... of education v. rice (1911) a.c. 179 as follows :- 'in such cases the board of education will have to ascertain the law as also to ascertain the facts. i need not add that in doing either they must act in good faith and fairly listen to both sides, for that is a duty lying upon every one who decides anything. but .....

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Jul 26 1962 (HC)

Krishnasa Vs. Commercial Tax Officer, Dharwar-iii, Dharwar and anr.

Court : Karnataka

Decided on : Jul-26-1962

Reported in : ILR1962KAR609; [1962]13STC940(Kar)

..... provided by a competent legislature or other competent authority, be construed as meaning the territories within that state immediately before the appointed day.' 8. the definition of 'law' in section 2(h) of the states reorganisation act includes 'notification' also. in view of these provisions, the notification issued by the collector of bombay on 18th may, 1953, continues in force till the same ..... the collector delegated his power under section 14 to the additional assistant collectors of sales tax and to all sales tax officers. by virtue of this notification, assessments under section 14 of the act were used to be made by the sales tax officers. thus far, there is no dispute. after the coming into force of the states reorganisation act on 1st november, 1956 ..... dharwar, had jurisdiction to make the impugned assessments. under section 14 of the bombay sales tax act, 1953, to be hereinafter referred to as 'the act', the power to levy sales tax was conferred on the collector of sales tax. but under section 44 of the act, the collector was authorised to delegate his powers to officers subordinate to him under such conditions and restrictions ..... or that the same had been repealed. therefore, there is no substance in the contention of sri katageri that the power delegated to the sales tax officer had lapsed on the coming into force of the states reorganisation act. there is also no substance in the contention of sri katageri that the commercial tax officers who replaced the sales tax .....

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Aug 21 1962 (HC)

H.N. Nanjundaswamy Vs. the State of Mysore by Its Chief Secretary to G ...

Court : Karnataka

Decided on : Aug-21-1962

Reported in : AIR1963Mys202; ILR1962KAR828

..... sections 1, 2 and 3 of section 115 of the act (2) civil servants appointed by the respondent after the 1st day of november, 1958.3. the services allotted from the different states were governed by different conditions of service. the question of amalgamation or what is called integration or the services arose consequent on the reorganisation of states. the power ..... into common cadres on the basis of the nature of the duties of their posts, under the provisions of the act. the respondent has not made any law providing for different pay scales for the same kind of posts. they have prescribed uniform scales of pay. no discrimination ..... that their personal rights, privileges and dignities would be respected. the constitution itself declared that these rights, etc., would receive recognition. a law made as a result of these considerations must be treated as based on a proper classification of such rulers, who had signed the agreement ..... principles;(c) that it must be presumed that the legislature understands and correctly appreciates the need of its own people, that its laws are directed to problems made manifest by experience and that its discriminations are based on adequate grounds.(d) that the legislature is free ..... the scales applicable to the civil servants allotted from bombay or hyderabad.2. the petitioner in writ petition no. 385/1960 joined as a second division clerk in about 1950 and the petitioner in writ petition no. 316/1960 joined service on 1st july 1956 as a peon .....

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Aug 29 1962 (SC)

Khandige Sham Bhat and ors. Vs. the Agricultural Income Tax Officer

Court : Supreme Court of India

Decided on : Aug-29-1962

Reported in : [1963]3SCR809

..... area6 districts --------------------------------- forpalghat calicut cannanore kerala state------------------------------------------------------------------------(in acres) (in acres) (in acres)paddy 9,07,108 4,67,544 2,77,923 2,46,229 18,98,804tapioca 4,89,884 8,455 40,134 14,824 5,53,207cocoanut 7,74,667 45,449 2,36,295 1,19,014 11,75,425arecanut 50,534 17,292 35,236 ..... included in a class get an advantage over others, so long as they are not singled out for special treatment. taxation law is not an exception to this doctrine : vide purshottam govindji halai v. shree b. n. desai, additional collector of bombay : 1956crilj129 and kunnathat thatunni moopil nair v. state of kerala : [1961]3scr77 . but in the application of the principles, ..... the petitioner to submit his return of agricultural income for the assessment year 1957-58 in accordance with the provisions of the ordinance and the subsequent amending act replacing the said ordinance. on november 10, 1960, the income-tax officer determined the net income of the petitioner for the assessment year 1958-59 at rs. 87,745.36 and assessed the tax ..... the fundamental principles underlying the said doctrine. the power of the legislature to classify is of 'wide range and flexibility' so that it can adjust its system of taxation in all proper and reasonable ways. 8. now let us look at the impugned section. section 2a of the act reads : 'notwithstanding anything contained in clause (o) of section 2, 'previous year' for the assessment for .....

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Nov 02 1962 (SC)

Anant Prasad Lakshminivas Generiwal Vs. State of Andhra Pradesh and or ...

Court : Supreme Court of India

Decided on : Nov-02-1962

Reported in : AIR1963SC853; [1963]Supp1SCR844

..... courts should bear in mind the principle of comity of nations and refuse to interfere with the jurisdiction lawfully exercised by another state, namely, the state of madhya pradesh (now bombay after the states reorganisation act, 1956); (3) that the hyderabad government had acquiesced in the control of the trust by the authorities ..... for the better management of the particular trust under the orders of the minister for endowments. then comes the third part of the section which gives power in the alternative to the minister for endowments in case of incompetence of the trustee to appoint a superintendent under the rules. a ..... as constitutional. but assuming that these provisions are constitutional, the question that arises is whether the two orders passed on june 13 and 14, 1960, which must be read together and in effect amount to removal of the appellant from trusteeship can be justified under the regulations and the rules ..... and the management of the temple would vest in the director of endowments, hyderabad, from the date of the order, namely, june 14, 1960. the writ petition in this court is directed against these two orders, and by it the appellant challenges the validity of the regulations and the ..... the institution, that the supervision should be taken over under r. 179 of the endowment rules. the second order was passed on june 14, 1960, and it stated that the temple with its buildings etc. situate at hyderabad, had been taken under the supervision of the government of andhra .....

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Aug 29 1962 (SC)

Khandige Sham Bhat and Another Vs. Agricultural Income-tax Officer, Ka ...

Court : Supreme Court of India

Decided on : Aug-29-1962

Reported in : [1963]48ITR21(SC)

..... statement cropt-c areamadras areatotal area for keral state 6 districtspalghatcalicutcannanore (in acres) (in acres)(in acres)paddy 9,07,1084,67,5442,77,9232,46,22918,98,804tapioca 4,89,8848,45540,13414,8245,53,207cocoanut 7,74,66745,4492,36,2951,19,01411,75,425arecanut 50,53417,19235,23620,7711,23,833cardamom 65,8794,2842,60099373,756pepper 87,2168 ..... included in a class get an advantage over others, so long as they are not singled out for special treatment. taxation law is not an exception to this doctrine : vide purshottam govindji halai v. shree b. m. desai, additional collector of bombay and kunnathat thathunni moopil nair v. state of kerala. but in the application of the principles, the courts, in view ..... the fundamental principles underlying the said doctrine. the power of the legislature to classify is of 'wide range and flexibililty' so that it can adjust its system of taxation in all proper and reasonable ways.now let us look at the impugned section. section 2a of the act reads :'notwithstanding anything contained in clause (o) of section 2, previous year for the assessment for the ..... the petitioner to submit his return of agricultural income for the assessment year 1957-58 in accordance with the provisions of the ordinance and the subsequent amending act replacing the said ordinance. on november 10, 1960, the income-tax officer determined the net income of the petitioner for the assessment year 1958-59 at rs. 87,745,36 and assessed the tax .....

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Mar 30 1962 (SC)

Central Potteries Ltd. Vs. State of Maharashtra and ors.

Court : Supreme Court of India

Decided on : Mar-30-1962

Reported in : AIR1966SC932; [1963]1SCR166; [1962]13STC472(SC)

..... the registration of the appellant as dealer under section 8 of the act was valid or not did not call for a decision as even if it was ..... not affected by the invalidity of the registration under section 8. in the result he dismissed the suit with costs. 4. against this decision appellant preferred an appeal to the high court of nagpur and that was heard by a bench of the bombay high court to which it stood transferred under the states reorganisation act. the learned judges held that the question whether ..... nullity and is open to collateral attack, an order passed by an authority which has jurisdiction over the matter, but has assumed it otherwise than in the mode prescribed by law, is not a nullity. it may be liable to be questioned in those very proceedings, but subject to that it is good, and not open to collateral attack. therefore even ..... , 1947. on may 27, 1947 a notification no. 601 was issued by the provincial government publishing draft rules which it 'proposed to make, in exercise of the powers conferred by section 28 of the act' and on august 15, 1947, the rules as finally adopted were published. in the meantime two other notifications nos. 597 and 599 had been issued on may 27 .....

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