Court : Mumbai
Decided on : Nov-17-1980
Reported in : (1981)83BOMLR75; 1981MhLJ93
..... new high court for the state of gujarat created by the said act, all these three acts were ordinary laws. instances can be multiplied, but the above three instances will suffice.72. we will now turn to articles 226 227 and 228 of the constitution and examine whether these articles confer upon high courts wholly new constitutional powers ..... state of andhra by section 28 of the andhra state act, 1953 (xxx of 1953), which act formed a new part a state to be known as the state of andhra. part v of the states re-organisation act, 1956 (xxxvii of 1956), did it for certain new and reorganised states and part iv of the bombay reorganisation act, 1960 (xi of 1960), constituted and established a ..... be read as a reference to the corresponding provisions of the 1935 act and the constitution. the canon of construction of statutes enunciated in section 38, interpretation act and reiterated with some modifications in section 8, general clauses act is one of general application where statutes or acts have to be construed and there is no reasonable ground for holding that that rule of ..... of the government of india act, 1915, and section 223 of the government of india act, 1935. as mentioned in section 13 of the indian high courts act, 1861, this is a power to be exercised 'in such manner as may appear to such court to be convenient for the due administration of justice'.89. it is, therefore clear that a right of appeal .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Sep-04-1980
Reported in : AIR1980SC2075; (1981)1SCC1; 1SCR613; 1980(12)LC892(SC)
..... passed by the president of india under sub-section (1) of section 29 of the bombay re-organisation act, 1960 (hereinafter referred to as the act) and determining that the appellant shall on the 1st day of may 1960 cease to be a judge of the high court of bombay and become a judge of the high court ..... state it would be enforceable even though it might amount to an amendment of certain provisions of the constitution. the provision contained in section 29 of the act is clearly consequential to the formation of the state of gujarat and the establishment of a high court for it. it was for ..... order which was an order flowing from that source of power, therefore amounted to an order of transfer even though it was passed under section 29(1) of the act which runs thus :(1). such of the judges of the high court of bombay holding office immediately before the appointed day as may be ..... to another existing high court for reasons which had nothing to do with the bifurcation or reorganisation of a state and the setting up of a new high court in consequence, while section 29 of the act was part of the provisions which were supplemental, incidental or consequential to the formation of the ..... salary such compensatory allowance as may be determined by parliament by law and, until so determined, such compensatory allowance as the president may by order fix.'according to the appellant's contentions before the high court the only source of power conferred on the president to effect the transfer of a judge .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jul-30-1980
Reported in : AIR1981SC53; 1980LIC1167; 1980(3)SLR407; 1980(4)SCC653; 1981(1)SCR144; 1980UJ817; 1981SCC(L&S)34; 1980LabIC1167
..... government may by order in writing specify, be transferred to the district panchayat together with the funds provided, and the staff employed therefor. by section 325 of the panchayats act, the bombay village panchayats act, 1958 was repealed and all officers and servants in the employ of the old village panchayats immediately before the said date became the officers and ..... revenue etc. to the nagar and gram panchayats with effect from april 15, 1963. on august 1, 1963 by a notification issued under section 149 of the panchayats act, the state government delegated some of its powers under the land revenue code and rules made thereunder to the gram and nagar panchayats. on july 13, 1964, the gujarat panchayat service ..... other officers and servants employed in the state service as may be necessary to enable the panchayats to discharge efficiently their functions and duties under the panchayats act. section 210 of panchayats act provides for the establishment of a gujarat panchayat service selection board for the purpose of recruitment of candidates to the several posts in the panchayat service.7 ..... employees of such municipalities.5. the panchayats act was enacted for the purpose of consolidating and amending the law relating to village panchayats and district local boards in the state of gujarat with a view to reorganise the administration pertaining the local government in furtherance of the object of democratic decentralisation of powers in favour of different classes of panchayats. .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jul-30-1980
Reported in : AIR1981SC53; 1980LabIC1167; 1983(1)SCALE66a; (1980)4SCC653; 1SCR144; 1980(12)LC817(SC)
..... government may by order in writing specify, be transferred to the district panchayat together with the funds provided, and the staff employed therefore. by section 325 of the panchayats act, the bombay village panchayats act, 1958 was repealed and all officers and servants in the employ of the old village panchayats immediately before the said date became the officers and ..... of powers in favour of different classes of panchayats. it provided for the establishment of ..... these proceedings in a representative capacity were employees of such municipalities.5. the panchayats act was enacted for the purpose of consolidating and amending the law relating to village panchayats and district local boards in the state of gujarat with a view to reorganise the administration pertaining to the local government in furtherance of the object of democratic decentralisation ..... as it may deem fit. section 157 of the panchayats act provides that notwithstanding anything contained in any law for the time being in force, the state government may subject to such conditions as it may think fit to impose, transfer by an order published in the official gazette to a district panchayat any such powers, functions and duties relating .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Aug-06-1980
Reported in : AIR1980SC2036; (1981)1SCC445; 1980(12)LC865(SC)
..... in the city of madras as to whether it is a private temple or a public temple, that is, a temple within the meaning of section 6(20) of the madras hindu religious & charitable endowments act, 1959 the trial court held in favour of the plaintiff who claimed that the temple was private and brought a suit to set aside the order ..... and the temple was not a private one. we are not inclined to re-appraise the evidence in this court as we are thoroughly satisfied that no serious error of law or perspective or mis-appropriation of evidence has been pointed out in the judgment of the high court. we are, therefore, constrained to reject the case of the plaintiff-appellant ..... the high court had grievously erred in holding that the temple was a public one. it is undisputed law that so far as tamil nadu is concerned, there is an initial presumption that a temple is a public one, it being up to the party who claims that it ..... & charitable endowments, but the high court reversed the judgment and decree of the trial court and held that the temple was public in character and the authorities constituted under the act had jurisdiction to manage the temple on that footing.2. shri balakrishnan, appearing for the appellant, had takes us through the details of the evidence to impress upon us that .....Tag this Judgment!
Court : Guwahati
Decided on : Sep-18-1980
..... 's court. under section 28 of the north-eastern areas (reorganisation) act, 1971, a common high court for assam, nagaland, meghalaya, manipur and tripura to be called the gauhati high court (the high court of assam, nagaland, meghalaya, manipur and tripura), was established. under section 29 of that act, all such jurisdiction, powers and authority as under the law in force immediately before ..... of india, impugns the judgment dated 2-5-77 of the revenue tribunal, manipur, dismissing the petitioner-society's revision petition under section 95 of the manipur land revenue and land reforms act, 1960, hereinafter referred to as 'the act'.2. the deputy commissioner, central district, manipur, by his order dated 17-4-76 allotted to the respondent-society, namely, ..... cases are now obsolete in view of the amended section 224, government of india act, which has been substituted for section 107, government of india act, 1915 and which expressly provides that the administrative functions of the high court are the same as the power of superintendence under the replaced section shall not be construed as giving to the high court any jurisdiction ..... state executive.23. in balkrishna daji gupte v. the collector, bombay suburban, air 1923 bom 290, dealing with an order of the collector, refusing to make a reference under section 18 of the land acquisition act, macleod, c. j. held that the collector acting under section 18 of the act was not clothed with judicial function and could not be held to .....Tag this Judgment!
Court : Supreme Court of India
Decided on : May-09-1980
Reported in : AIR1980SC1789; (1980)3SCC625; 1SCR206; 1980(12)LC727(SC)
..... state, the provisions of this article shall not apply thereto unless such law, having been reserved for the consideration of the president, has received his assent.section 4 of the constitution 42nd amendment act is beyond the amending power of the parliament and is void since it damages the basic or essential ..... state where there is less and less inequality and more and more equality. if any kind of an appeal to individual liberty and freedom is construed to mean as an appeal to the continuation of the existing inequality, then you get into difficulties. then you become static, unprogressive and cannot ..... of decisions in the united states where supreme court has entertained actions having a political complexion because they raised constitutional issues. vide comillion v. lightfoot (1960) 364 us 339 and baker v. carr (1961) 369 us 186 the controversy before the court may be political in character, but so long ..... congress resolution of 1928 provided a striking continuity for that movement. the motilal nehru committee appointed by the madras congress resolution said at pp. 89-90:it is obvious that our first care should be to have our fundamental rights guaranteed in a manner which will not permit their withdrawal ..... . he said that if the amended article 31c were held to be valid, even provisions like sections 23(a) and 24(1)(a) of the bombay prohibition act, 1949 which were struck down in state of bombay v. f.n. balsara : 2scr682 air 1951 sc 318 as violating freedom of speech .....Tag this Judgment!
Court : Chennai
Decided on : Jul-11-1980
Reported in : 48STC69(Mad)
..... inter-state transactions in question on the basis of the amending act. in m. m. muthukaruppan chettiar v. deputy commercial tax officer 11s.t.c.220 this court, while construing a similar validating provision in section 17 of the madras general sales tax (third amendment) act, 1956, had expressed the view that the validating act will not enable the collection of the refunded amount unless ..... could not nullify that decision of the supreme court. the first objection was repelled by the learned judges observing that the legislature would have the power to amend a law retrospectively so as to nullify the decisions of law courts. the second objection was also held to be untenable on the ground that the supreme court has laid down in janapada sabha v ..... by necessary implication the jurisdiction of a civil court in that regard.' 47. they have observed : 'in a case recently decided by this court, kamala mills ltd. v. state of bombay : 57itr643(sc) , exclusion of the jurisdiction of the civil court to entertain and decide suits for refund of tax paid fell to be determined. in that case a dealer ..... . no. 614 of 1978, in favour of the plaintiff for a sum of rs. 87,557.75 and in a.s. no. 623 of 1978, for a sum of rs. 89,860.73 which are the amounts of tax refunded in respect of the excise duty portion of the turnover for the various years mentioned in the plaint. 76. there will .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Apr-25-1980
Reported in : 134ITR158(AP)
..... some allowance in the matter of assessing the income to tax with a view to give an impetus to industrial development, the provision must be construed liberally. section 80j being one such provision, the interpretation of that provision should not be such as to deprive its benefit to the assessee (owner) of new ..... as distinct from the actual user of the asset, was treated as 'capital employed' in the industrial undertaking was accepted. the same view was taken by the bombay high court in cit v. alcock ashdown & co. ltd. : 119itr164(bom) . in the cases referred to above, what came to be considered was ..... government under section 3 of the u.p. act. the executive cannot under the power of framing rules and regulations clothe itself with powers which the statute itself does not give and which are inconsistent with the interpretation put on the expression 'industrial dispute'. the cardinal rule in regard to promulgation of bye-laws or making ..... initially assessed by order dated february 26, 1971, for the assessment year 1970-71 on an income of rs. 24,89,970 allowing relief at 6% under s. 80j of the i.t. act, 1961, to the extent of rs. 6,01,483 on a computation of the capital employed in the industrial undertaking ..... 13 years in 1956 and 18 years in 1960. the incentive introduced in 1949 has been thus stepped up ever since and the only object is that which we have already mentioned.' 18. the same is the objective of s. 80j, viz., to act as an incentive to set up new industrial undertakings .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Mar-05-1980
Reported in : AIR1981P& H68
..... the parties were governed by custom and what that custom was, concededly the parties, as said before, are bhardwaj brahmins, high caste hindus. under section 5 of the punjab laws act, custom is the first rule with regard to succession and alienation etc., if so pleaded and proved, otherwise principles of hindu ..... lall haldar, (1901) ilr 28 cal 278 have taken the view that the right flows to a destitute widowed daughter.these authorities have distinguished a case from the bombay high court in bai mangal v. bai rukhmini, (1989) ilr 28 bom 291, as there the widowed daughter apperently had means for maintainence in her husband's ..... kaur, 41 pun re 1914 : (air 1914 lah 279), mt. maryan bibi v. ghulam muhamad, air 1924 lah 175, and sobha singh v. mst. gurbarhshi, 1960-62 punj lr 440 read with the pedigree table. exhibit p. 1 in which jee sukh finds mention, to contend that the equality of share mentioned therein raise a presumption ..... proviso to sub-section (1). it comes into operation only if acquisition in any of the methods indicated therein is made for the first time without there ..... connotation and it may be either actual or constructive or in any form recognised by law. in the context in which it has been used in section 14, it means the state of owning or having in one's hand or power. sub-section (2) has been held as more in the nature of an exception of .....Tag this Judgment!