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 ..... of the tenant. the second proviso to sub-section (1) of section 95 made it clear that the tenant shall be entitled to fell any other trees which hinders the cultivation of the holding. certain jurisdiction ..... enjoyment.15. section 95 of the c.p. tenancy act, 1920 was concerned with tenant's right during the period of his tenancy with respect to trees. he had the same right in all trees in a holding as he had in the holding itself, right to fell timber of babul trees and to clear lands of scrub jungle was expressly provided in favour ..... learned author has summarised the position as to the trees and rights therein in chapter vi classifying the land into unalienated and its further sub-classification of the trees themselves. it is noticed that berar settlement rules classified trees as fruit trees sub-divided into valuable and not valuable, timber trees and other trees. the historical data properly indicate that trees could be .....Tag this Judgment!
Court : Delhi
Reported in : ILR1971Delhi107; 28STC21(Delhi)
..... 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' ..... necessary before an exemption from payment of tax is to be granted. the grant of exemption by the notification dated 14th december 1957 was, thereforee, not invalid though it was not preceded by complying with section 6(2). on the other hand, the withdrawal of exemption by the notifications dated 16th june 1966 and 29th june 1966 was invalid for want of ..... 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
..... the fact 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 by the high court, that s. iii and first ..... it into effect and further provided : "and the courts of justice are prohibited to interfere in such cases except on a regular complaint against the executors for a breach of trust or otherwise, when they are to take cognizance of such complaint in common with all others of a civil nature, under the gene- ral rule contained in section viii, of regulation 111 ..... made in this regulation xi of 1793. the first part of s. iv of regulation v of 1799 is in consonance with this provision as it provides that if ..... then provides that in the case 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 joint undivided estate is .....Tag this Judgment!
Court : Chennai
Reported in : AIR1972Mad398
..... 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 is also to be noted that the privy council has merely states that the courts in this country should ..... the plaintiff is necessary to render him liable in damages. he states--'the ratio decidendi of hulton and co. v. jones as explained by farwell. l. j. whose judgment was expressly approved by lords atkinson and gorell, by no means gives the go-by to intention as the basis of liability in an action for libel'. (1930) 46 lqr 134.after ..... the publication of the words of which the defendant was not author, they were written by the author without malice'.it is clear that section 4 of the defamation act. 1952, was intended to override the rigour of the law as laid down by the house of lords in 1910 ac 20 and to provide for a remedy to a person whose publication had been ..... not encourage or throw a shield over irresponsible journalism, but as the authorities stand today, the path is indeed hard for writers of fiction and for the editors and proprietors of newspapers. the present state of the law undoubtedly provides a temptation to speculative and 'gold-digging' litigation'.8. very naturally the principles laid down in these cases were considered by the academic .....Tag this Judgment!
Court : Madhya Pradesh
Reported in : AIR1975MP89; 1974MPLJ573
..... according to justice, equity and good 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 ..... how far a rule of common law has been modified or abrogated by statute law of england. there is no doubt a presumption that a ..... council and the indian courts refused to apply rules of english law as they were unsuitable to indian conditions; (the common law in india, pp. 53 to 56). further, in applying the english law on a particular point the indian, courts are not restricted to the common law. the english law consists both of common law and statute law and the indian courts can see as to ..... month on his wife and child. the annual dependency thus comes to rs. 1800/-. applying the multiplier of 18 the total compensation payable to the dependents, had the deceased himself not partially contributed to the accident, would have worked out to rupees 32,400/- (see -- kamla devi v. kishanchand, 1970 mplj 273 at p. 278 = (air 1970 madh pra 168 .....Tag this Judgment!
Court : Sikkim
Reported in : 1979CriLJ310
..... 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 ..... in this constitution.even if the power to repeal the corresponding existing laws which was expressly given in section 2 of the part c states (laws) act, 1950 and which was declared to be invalid by the majority view in the delhi laws act case, such a power would have been valid and operative and would not have been liable to be struck down on the grounds mentioned ..... provided the accused with a counsel at state expense and mr. d. p. chaudhury has appeared before me in this case on behalf of the accused.5. in the supreme court case, generally known as the 'delhi laws act case' air 1951 sc 332, a similar question arose for the opinion of the supreme court under the provisions of section 7 of the delhi laws act ..... ' in any way inconsistent with or violative of any of the provisions of the constitution would have automatically become void in the absence of such sweeping protection as has been provided by the aforesaid non obstante clause in the opening words of the article 371f, which qualifies all the clauses of the article including clause (k). if the provisions of clause .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1962SC981; Supp(2)SCR257; 13STC236(SC)
..... pradesh laws (validating) act, 1952 (6 of 1952). by that act, which was to extend to the whole of vindhya pradesh and to come into force on january 8, 1953, it was provided as follows : '2. for the removal of all doubts it is hereby declared that...... central provinces and berar sales tax act, 1947 as extended to vindhya pradesh under section 2 of the part c states laws act, 1950 ..... vindhya pradesh by extending the central provinces and berar sales tax act from april 1, 1951. he therefore, contended that since the powers of the vindhya pradesh legislature did not include the power of imposing sales tax on building materials, this act of the vindhya pradesh legislature, if it sought to impose sales tax on building materials, fell within the ruling in gannon dunkerley's case ..... . viswanatha sastri argued, on the strength of ruling of this court in deepchand v. state of uttar pradesh . 2 s.c.r. 8 that the validity of a law must be judged as on the date on which it was passed, and if the law was invalid on that date, then the law must be deemed not to have existed at all, unless it ..... . but, today we are not in a position to say that ordinance 2 of 1949 continued in vindhya pradesh, because parliament by the part c states (miscellaneous laws) repealing act, 1951 has enacted that the said ordinance must be deemed to have been repealed from december 29, 1950. indeed, in the ruling of this court at the same page are cited passages from willoughby .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1963Bom3; (1962)64BOMLR471; ILR1962Bom508
..... 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 of that act limited the recovery to rs. 50/-, whereas the schedule exempted the present recovery from its ..... (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 in force in ..... time being be fixed by a law of the dominion legislature; and any law of the dominion legislature made for any of the purposes of this proviso may be made either generally or in relation to any specified provinces, municipalities, boards or authorities.'6. on behalf of the petitioner reliance was placed on the main part of sub-section (2), whereas on behalf of the ..... opponent committee refuge-was sought in the provisions of the proviso to that sub-section. so far as the main provisions in the opening clause of .....Tag this Judgment!
Court : Rajasthan
Reported in : AIR1967Raj280
..... to supply the capital for purchase and also to arrange for purchase, despatch and sale of goods. in these circumstances the question arose whether the partnership was not illegal in view of section 3 of the central provinces and berar food grains control order, 1945, which prohibited that no person shall deal in foodgrains as a wholesale dealer except tinder and in accordance with ..... be specified in a notification issued by the central government in this behalf. it is not disputed before me that such a notification was issued long before the time with which we are concerned in this case. section 9 of the act then inter alia provides that whoever contravenes any of the provisions of a notification issued under section 6 shall be guilty of an offence which ..... 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 berar food grains control order, 1945, for dealing as a wholesale dealer in nagpur district. the defendants also held a licence in the name of their joint family in ..... was held 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 .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1990SC560; JT1989(2)SC483; 1989Supp(1)SCC430; 2SCR629
..... 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 difficulty. ..... that the extension of an enactment which makes additions to the existing law would also be permissible under section 87 so long as it does not, expressly or impliedly, repeal or conflict with, or is not repugnant to, an already existing law. in this context, reference can usefully be made to the observations ..... the east punjab urban rent restriction (extension to chandigarh) act (central act 54 of 1974) hereinafter referred to as 'the 1974 act'. section 3 of this act provided for the enforcement of the principal act in chandigarh. it read:section 3: extension of east punjab act iii of 1949 to chandigarh.- notwithstanding anything contained in ..... consists in laying down the legislative policy with sufficient 'clearness and in enunciating the standards which are to be enacted into a rule of law.' this cannot be delegated. what can be delegated is only the task of subordinate legislation which is by its very nature ancillary ..... i a 178 , and in the delhi laws act case air 1951 sc 332 (supra), while repelling a similar contention about the status of a dominion legislature vis--vis the parliament of the united kingdom, and in the delhi laws act case. also that was not the basis on which shama rao was .....Tag this Judgment!