Court : Mumbai
Reported in : AIR1974Bom203; 1974MhLJ51
..... 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 petitioners it is contended that under the ..... crown unless they were reserved to the crown at the time the land was alienated. section 48 held persons removing the trees vesting in the crown liable to pay the value thereof to the crown and so also provided penalty. these provisions are indicative that in certain class of cases, i.e., with respect to unalienated land, though trees, shrubs and other ..... (17) means land which is used or capable of being used for agricultural purposes and includes the sites of farm holdings appurtenant to such land and for the purpose of certain sections, the sites of dwelling houses occupied by agriculturists, agricultural labourers or artisans and land appurtenant to such dwelling houses and the sites of structures used by agriculturists for allied pursuits ..... the provisions of section 8 of the said act it was observed that the section itself is subject to the exception to the general rule if a different intention is express or is necessarily implied. referring to the or is necessarily implied. referring to the privy council decision in narayan das v. jatindra nath , the full bench noted that there is no rule of law in india that .....Tag this Judgment!
Court : Delhi
Reported in : ILR1971Delhi107; 28STC21(Delhi)
..... 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, ..... 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' ..... in 1956) in the delhi laws act case was the. decision of the privy council in queen v. burah (5 1.a.578) (2) for the privy council had also given the same reason why the legislature had to confer the power of modification on the government in the following words :- 'the legislature determined that, so far, a certain change should take place; but ..... central government to extend to the union territories enactments which were in force in the states. as observed by mukherjea j. in re the delhi laws act 1912, etc. 1951-scr 747 at page 1001 (1) ' the policy behind the delhi laws act [as also behind the union territories (laws) act 1950] seems to be that in a small area like delhi which was constituted a separate province .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1965SC540; 4SCR69
..... that when 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 observed ..... of 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 be ..... of 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 a ..... and therefore, 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 a ..... the language used in article 181. this long catenation of decisions may well be said to have, ,is it were. added the words 'under the code' in the first column of that article. if those words had actually been used articles 158 and 178 certainly would not have affected the meaning of that article. if .....Tag this Judgment!
Court : Chennai
Reported in : AIR1972Mad398
..... principles and decisions are followed only so far as they are found to be in accordance with justice, equity and 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 ..... whether the appellants are liable at all. it is in view of this provision contained in section 4 of the defamation act. 1952. harry street, on the law of torts 3rd edn. at p. 307 has stated:--'has section 4 of the defamation act. 1952. now overriden these cases? that section certainly covers instances where the statements were not known to be defamatory, or where 'the publisher ..... aspect of the matter, there is one other consideration which is more conclusive in this behalf. as i have pointed out already, the decisions of the courts following 1910 ac 20 gave rise to certain criticism that that decision interfered with the freedom of the press and freedom of fiction writers and imposed an unbearable burden on them and that led to the ..... not his wife, who must be, you know--the other thing! whispers a fair neighbour of mine excitedly into here bosom friend's ear. really, is it not surprising how certain of our fellow-country men behave when they come abroad? who would suppose by his goings on, that he was a church warden at peckham? no one, indeed, would assume .....Tag this Judgment!
Court : Madhya Pradesh
Reported in : AIR1975MP89; 1974MPLJ573
..... conscience.' the relevant statutory provision, so far as mahakoshal region in this state is concerned, is 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 of civil wrongs ..... was far more to blame than the bus driver and he apportioned the blame in the proportion of two-third and one-third. we are in respectful agreement with this decision and we will also apportion the blame in the same proportion in the instant case if we have power to do so.6. the next question is whether the ..... the accident. the question is essentially a question of fact and the answer must necessarily depend upon the evidence and circumstances of the case.3. before evaluating the evidence, certain principles have to be kept in mind. in cases where negligence of the parties is contemporaneous or so nearly contemporaneous as to make it impossible to say that either could .....Tag this Judgment!
Court : Sikkim
Reported in : 1979CriLJ310
..... 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), was extended to the new part c state of vindhya pradesh by the central government by a notification on 29th dec, 1950, in exercise of the power conferred by section 2 of the said part c states (laws) act ..... that even though the facts admitted amount to an offence under the provisions of a law, but the law itself is not in force or operation, the so called admission cannot amount to an admission of the commission ..... ' and the well-known rule emphasised by the privy council in nazir ahmed v. king emperor air 1936 pc 253 (2) at 257 to the effect that express mention of some power in one case shall imply the absence of such power in other case and 'where a power is given to do a cer tain thing in a certain way, the thing ..... , which is still now the law relating to criminal procedure in sikkim, if an accused person has pleaded guilty and has been convicted on such plea, there shall be no appeal except as to die extent or legality of the sentence except where the conviction is made by a magistrate of the second or the third class. but there is no doubt .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1962SC981; Supp(2)SCR257; 13STC236(SC)
..... the powers of the state legislature. 11. the petitioner contends that the impugned 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 ..... to the state of vindhya pradesh the central provinces and berar sales tax act, 1947 (21 of 1947) as in force for the time being in the state of madhya pradesh, subject to certain modifications necessitated by the application of the act to this new area. by the same notification, a new section was added to the madhya pradesh act, which read as follows : '29. ..... by notification no. 7 of march 28, 1950 by the chief commissioner, vindhya pradesh, acting under s. 1(2) of the ordinance. 4. parliament then passed the part c states (laws) act, 1950. section 2 of that act provided : 'power to extend enactments to certain part c states :- the central government may, by notification in the official gazette extend to any part c state..... or to ..... well-recognised legal import. this court in gannon dunkerley's case : 1scr379 approved the latter view, which is found in the decision of the madras high court in sub nom gannon dunkerley v. state of madras  5 s.t.c. 216, and disapproved the contrary view. it was pointed out that though in a popular sense there was a sale .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1963Bom3; (1962)64BOMLR471; ILR1962Bom508
..... 2-1-1940 and is as follows : 'no. 11-3924-m-xiii. in exercise of the powers conferred by sub-section (5) of section 67 of the central provinces municipalities act, 1922 (c. p. act ii of 1922), as applied to berar, the governor of the central provinces and berar is pleased to confirm the following schedule of rates made by the municipal committee, malkapur in the buldana district ..... . in their return the committee have admitted that in regard to the years in question for which, the notice of demand at annexure a was served, they have already recovered certain amounts of the bales and bojas tax from the petitioner. that admission is to be found in paragraph 7 of the return as follows : 'it is admitted that the respondent ..... rate, if any (being a rate greater than fifty rupees per annum), as may for the time being be fixed by a law of the dominion legislature ......'it is clear from this proviso that the legislature contemplated two distinct classes of legislation which they intended to provide for : (i) a case where a tax on professions, trades, callings or employments was already ..... enhanced rate but after 31-3-1939 as in the present case. the above remarks have our respectful concurrence. 12. similar observations are also to be found in a decision of this court in gajadhar v. municipal committee, washim, : air1958bom378 (to which decision one of as, kotwal, j., was a party). in that case we followed the view taken in municipal committee karanja .....Tag this Judgment!
Court : Rajasthan
Reported in : AIR1967Raj280
..... for the decision of the controversy raised in the present ease. the facts of that case were very strong. the plaintiff brought a suit for dissolution of a partnership and rendition of accounts on 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 ..... that a business like 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 disregard of such a requirement ..... to my mind is simple enough. here was a partnership formed for carrying on wholesale business in the sale and purchase of tobacco between the parries to the suit amongst certain other commodities also. the defendant mohrilal alone held a licence from competent authority for carrying on such a business. the partnership company did not hold such a licence.according to ..... parties.in this view of the matter the learned judge held that the contract of partnership did not contravene title provisions of the act of 1944. aggrieved by this decision the defendant has come up in appeal to this court.5. the contention of the learned counsel for the defendant is that the learned district judge had made out an entirely a new .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1990SC560; JT1989(2)SC483; 1989Supp(1)SCC430; 2SCR629
..... or abrogate any statute. this leads us to the question as to what is implied in the language of section 7 of the delhi laws act which empowers the central government to extend any statute in force in any other part of british india to the province of delhi with such 'modifications and restrictions' as it thinks fit. the word 'restriction' does not present much ..... formulate the principle which emerges therefrom, for, as patanjali sastri, c.j. observed in kathi raning rawat v. state, : 1952crilj805 :while undoubtedly certain definite conclusions were reached by the majority of the 'judges who took part in the decision in regard 1 to the constitutionality of certain specified enactments, the reasoning in each case was different and it is difficult to say that any ..... it cannot efface itself and set up a parallel legislature to discharge the primary duty with which it has been entrusted. this rule has been recognised both in america and in england....xxx xxx xxx xxxwhat constitutes abdication and what class of cases will be covered by that expression will always be a question of fact, and it is by no means ..... easy to lay down any comprehensive formula to define it, but it should be recognized that the rule against abdication does not prohibit the legislature from employing any subordinate .....Tag this Judgment!