Court : Mumbai
Reported in : AIR1974Bom203; 1974MhLJ51
..... pay to the crown engrafted under section 48. the land may belong to one but trees were subject to other rights and obligations, either recognised by suction or carved out by statute.13. as to areas forming central provinces one may briefly consider the position under the central provinces tenancy act, 1920. a very lucid and erudite commentary exists on the 'law of agricultural tenancy and village ..... tenant of a holding and passing of the property, i.e. the trees standing in such holding.8. i was taken through the earlier enactments both available and applicable to the lands in berar and also the then central provinces. similarly, the effect of madhya pradesh land revenue code and thereafter the maharashtra land revenue code was also pressed in aid. for the ..... trees and the property in trees was of the occupant, no excess assessment was there; while where there were other trees than fruit trees the principle was different. (see rules 1,2 and 10). state conceded to the holder of the land the right in trees free of any charge or additional assessment of land in lieu of those trees. the rights ..... all kinds of trees and several and similar contracts with respect to trees.24. chapter xiv of the m.p. land revenue code which was repealed by item no. 2 of schedule i of the bombay tenancy act of 1958, concerned itself with rights of tenants. the term 'tenant' in the m.p. land revenue code, 1954, meant as indicated above, a person .....Tag this Judgment!
Court : Delhi
Reported in : ILR1971Delhi107; 28STC21(Delhi)
..... withdrawal of the exemption of durries and ghee from payment of sales tax on the following grounds, namely, (1) the power given by section 2 of the union territories (law's) act 1950 to the central government to extend enactments in force, in a state to a union territory with such restrictions and modifications as it thinks fit could be exercised by the government only ..... that the word 'modification' in section 7 of the delhi law act means and signifies changes of such character as are necessary to make the statute which is sought to be extend suitable to the local conditions of the province.' the word 'modify' thus takes its colour from the word 'restrict and according to the well known rule of interpretation 'noscuntur a sociis' ..... has itself to to be used in a restricted sense. it does not, thereforee, enable the government to make any modification in the bengal finance (sales tax) act 1941 which is not ..... a further modification of the bengal finance (sales tax) act 1941 under section 2 of the union territories (laws) act 1950. (18) learned counsel for the respondent shri b. n. kirpal referred to section 21 of the general clauses act which runs as follows :- ''where, by any central act or regulation, a power to issue notifications, orders, rules, or bye-laws is conferred, then that power includes a power, .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1965SC540; 4SCR69
..... extending the provisions of this regulation to other provinces all the three sections viz., ii, 111 and iv have not been invariably extended. only ss. iv, v, vi and vii and not ss. 11 and iii were extended to the central pro- vinces by the central provinces laws act xx of 1876. it is not correct as ..... such complaint in common with all others of a civil nature, under the gene- ral rule contained in section viii, of regulation 111, 1793 and proceed thereupon according to the regulations, taking the opinion of their law officers upon any legal exception to the executors, as well as upon the provision to ..... replaced in its turn by the bengal, agra and assam civil courts act, 1887 which provided that "all courts constituted, appointments made under the bengal civil courts act, 1871 or any enactment thereby repealed.... shall be deemed to have been respectively constituted, made under this act." it would appear, therefore, that the words "judge" and ..... those who would like to hold the property as a joint undivided estate, a manager for their joint estate was to be appointed under the rules contained in ss. xxiii to xxvi of regulation viii of 1793. thus the provisions for a common manager of persons holding their estate as ..... , as confined to a dispute between several claimants in a case where there arc more than one heir. we are not aware of any rule which says that two parts of a sentence separated by semicolon cannot deal wit) two different states of affairs. we find no justification in such .....Tag this Judgment!
Court : Chennai
Reported in : AIR1972Mad398
..... good conscience. in secretary of state v. rukhminibai, pollock, j. pointed out:--'it is to be noted that section 6 central provinces laws act of 1875 prescribes that the court should act according to justice, equity and good conscience, not that it should act according to the rules of english law; it is also to be noted that the privy council has merely states that the courts in this country ..... defamation and having regard to the recommendations of lord porter's committee the defamation act, 1952 was enacted. section 4 of that act deals with unintentional defamation. the provisions of this section have been summarised thus by s. ramaswami iyer in his law of torts--6th edition at page 210:--'a publisher of words alleged to be defamatory of another cannot be sued if he ..... additional subordinate judge, who tried the suit, relying on the evidence of p.ws. 1 to 6, came to the conclusion that the mater printed in the paper on 18-2-1961, was understood to concern the respondent herein and therefore it constituted defamation of the respondent. needless for me to point out the contents of the publication will constitute defamation ..... the first appellants is the editor and the second appellant is the owner of a daily styled 'the dhinamalar' published from tirunelveli. in the issue of the 'dinnamalar' dated 18-2-1961, there was a news item appearing under the dateline 'dated, ceylon, february 17'. that news item reported that a person from the tirunelveli dt. who was exporting scented bathis .....Tag this Judgment!
Court : Madhya Pradesh
Reported in : AIR1975MP89; 1974MPLJ573
..... section 6 of the central provinces laws act, 1875. the expression 'justice, equity and good conscience' has been interpreted to mean 'the rules of english law if found applicable to indian society and circumstances'; waghela rajsanji v. shekh masluddin, (1887) 14 ind'app 89 at 96 (pc). sir frederick pollock prepared a draft code of torts for india but it was never enacted into law. the law ..... back as 1887 fry, l. j., a great judge, demanded why the court could not be empowered to divide the loss; [13 modern law review p. 2.] in sparks v. edward ash. ltd., (1943) 1 kb 223 at p. 230. scott, l. j. referred to the 'harsh and ..... of each vehicle owes a duty to move with due care to avoid any collision; nance v. brit. columbia elec. ry co., (j951) 2 all er 448 at p. 450 (pc). a reasonably careful driver does not always assume that other users of the road, whether drivers or others ..... question: (1) the driver of the bus was alone responsible for the accident; (2) the deceased alone was responsible; and (3) both were responsible, as negligence of both substantially caused the accident. the question is essentially a question ..... case established that the deceased himself was negligent. on this finding the tribunal dismissed the claim. the claimants have, therefore, come up in appeal.2. the first question in this appeal is: whose negligence was the real or substantial cause of the accident? there are three possible answers to this .....Tag this Judgment!
Court : Sikkim
Reported in : 1979CriLJ310
..... arms rules, 1962.6. the question as to the validity of any enactment extended by the executive in exercise of delegated powers to a new area, without repealing the corresponding law of that area, came up for decision before the supreme court in bhaiyalal v. state of madhya pradesh : air1962sc981 . in that case, the central provinces and berar sales tax act, 1947 (hereinafter referred to as the central province law ..... april, 1951. but the purported repeal of the vindhya pradesh law failed as it was declared by the supreme court by the majority in the delhi laws act case, on 23rd may, 1951, that such a power to repeal corresponding laws by notification under section 2 of the part c states (laws) act, 1950, was invalid and ultra vires and therefore, the extension of the central provinces law was to be deemed to ..... have been made without repealing the corresponding vindhya pradesh law.thereafter, parliament passed the part c states (miscellaneous laws) repeal act, 1951, repealing inter alia the vindhya pradesh law with effect from 29th dec. 1950, being the date on which the central provinces law .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1962SC981; Supp(2)SCR257; 13STC236(SC)
..... sections of the central provinces and berar sales tax act, as applied to vindhya pradesh, fell within these two rulings, and must also be declared ultra vires the vindhya pradesh state legislature, when the latter enacted the vindhya pradesh laws (validating) act, 1952. 12. as against this, the respondents contend that the notification s.r.o. no. 6, which added s. 29 repealing the vindhya pradesh sales tax ordinance 2 ..... enactment so extended for the repeal or amendment of any corresponding law (other than a central act) which is for the time being applicable to that part c state.' 5. in exercise of the power conferred by the above section, the central government by notification no. s.r.o. 6 dated december 29, 1950, extended to the state of vindhya pradesh the central provinces ..... 1951', but did not re-enact that act. according to the respondents, the central provinces and berar sales tax act was in force in vindhya pradesh as a result of its extension by notification s.r.o. 6 and notification no. 52 (econ), the repeal of ordinance 2 of 1949 being achieved by the part c states (miscellaneous laws) repealing act, 1951 from december 29, ..... was not brought into force till april 1, 1951, and the section speaks of 'laws in force'. the section, therefore, refers to ordinance 2 of 1949, which would be in force immediately before april 1, 1951, if not successfully repealed, but not to the central provinces and berar sales tax act which was only extended before that date but had not been brought .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1963Bom3; (1962)64BOMLR471; ILR1962Bom508
..... notification under the provisions of the central provinces municipalities act, 1922, as applied to berar. the berar municipal law, 1886, under which the first notification was issued was repealed by section 2 (1) of the c. p. municipalities act, 1922, as applied to berar. but by section 2 (2) thereof the notifications issued under the enactment so repealed were deemed to have been issued under the central provinces municipalities act and were therefore continued in operation ..... of that act limited the recovery to rs. 50/-, whereas the schedule exempted the present recovery from its ..... section 3 of that act exempted the tax on persons exercising any profession or art, or carrying on any trade or calling, within the limits of the municipality, imposed under clause (b) of sub-section (i) of section 66 o the central provinces municipalities act, 1922. therefore, the position so far as the present demand is concerned is as if act no. xx of 1941 had not been enacted. section 2 .....Tag this Judgment!
Court : Rajasthan
Reported in : AIR1967Raj280
..... the allegation that there was a partnership between him and the respondent to any on trade in food-grains. the plaintiff held a licence under the central provinces and berar food grains control order, 1945, for dealing as a wholesale dealer in nagpur district. the defendants also held a licence in the name ..... the one which the parties were carrying in that case could not be lawfully carried on without a proper licence in the name of the partnership in accordance with the provisions of section 6 of the act, and rule 85 (4) of the rules made thereunder, and that if the same was being carried on in ..... rupees or with both.reference may also be made in this connection to rule 178 of the rules made under the act. sub-rule (2) thereof lays down that every licence shall be deemed to have been granted or renewed personally to the licencee. sub-rule (4) further lays down that if the holder of a licence ..... back with a direction that a preliminary decree for the taking of the accounts be passed and the suit be decided according to law. the material facts are these:2. the plaintiff shri ballabh and his brother ram raghunath carried on business in the name and style of shri ballabh ram raghunath at ..... up between the parties was, amongst other commodities, to carry on the wholesale trade in tobacco also.reference may be made in this connection to paragraph 2 of the plaint. the same impression is confirmed by a perusal of the agreement ex. 1. both the plaintiff shri ballabh and the defendant mohrilal .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1967SC1201; (1967)69BOMLR316; 1967MhLJ275; 2SCR100
..... . dated the 3rd november, 1913, applying certain enactments to berar, namely :- after entry no. 149 the following entry shall be inserted, namely :- '150. the central provinces (1) in section 2municipalities act,1922 (ii of 1922).(a) for sub-section (1) thefollowing shall be substituted,namely :'(1) the berar municipal law,1886, is hereby repealed'.(b) in sub-section (2), for thewords 'acts' the word 'law'shall be substituted.' 6. it is not necessary ..... has, with the sanction of the resident, directed the imposition with effect from the 1st april, 1899, of a tax under section 41(1) a(b) of the law, on professions and trades practised in that municipality subject to the following rule :- (1) the tax shall, subject to the following provision, be assessable on every person who practices any profession or art or ..... ) the title of the central provinces municipalities act, 1922 (ii of 1922) became the central provinces and berar municipalities act, 1922 (ii of 1922). section 3 of this act provided inter alia that the central provinces municipalities act, 1922, which had been applied to berar by order under the indian (foreign jurisdiction) order in council, 1902, shall cease to have effect 'provided that all appointments, delegations, notifications, orders, bye-laws, rules and regulations which have .....Tag this Judgment!