Court : Orissa
Decided on : Mar-03-1950
Reported in : AIR1950Ori157
..... constitution is the fundamental of basic law to which all other laws must conform. it is superior to the will of the legislature, the validity of whose acts are to be determined by its provisions and it is the sole charter by which the rights of the union as well as state- ..... judgment. 26. the whole question under discussion has now become academic in view of the repeal of of the president's order by central act, iv  of 1960, which has come into operation before we pronounced our orders in these oases. it has not been disputed that without the president's order ..... tribunal or authority required or empowered to enforce any law in force in the territory of india immediately before the appointed day (the 26th of january, 1960) shall, notwithstanding that this order makes no provision or insufficient provision for the adaptation of the law for the purpose of bringing it into accord with ..... operation. 18. the question that then arises is whether the detention can be justified as one in pursuance of the preventive detention (exteation duration) order, 1960. i shall assume, that the order came into operation along with the constitution. the constitutionality of such order depends upon its conformity to the provisions ..... of the governor-general. in view of this affidavit, we are satisfied that the order was in fact made by the president on 26th january 1960. that order was made by him in exercise of his powers under article 373 of the constitution. it was argued that inasmuch as dr. rajendra .....Tag this Judgment!
Court : Allahabad
Decided on : May-11-1950
Reported in : AIR1951All257
..... has an absolute right in these highways such as the owner of a 'fee simple' possesses in his property. i shall proceed to consider the extent to which this argument is valid. in an early case of this court, on a dispute arising between a co-sharer in which there was some land which ..... from that date temporary permits only were issued, and from time to time renewed. all these applicants applied to the regional transport authority in march, 1960, after the institution of proceedings in this court, for the issue to them of regular permits.125-126. class iii -- (a) applicants in cases nos. 103, 117 and ..... as regards case no. 142 of 1950, i am of opinion that it should be dismissed.483. in case no. 142 of 1960, the applicant held a regular permit which is valid up to may, 1951. he has, however, been stopped from using one of the routes included in this permit--dehra dun, mussoorie ..... temporary permit was in operation.141. i may mention that in some of the cases before us an application for permit was made on 15-3-1960. in some applications orders for renewal of temporary permits were issued. in some of the applications no formal order appears to have been passed.142. ..... argued that in the absence of a definition of 'executive power' the executive, whether union or state, is wholly without power to do any act unless that act is directly authorised by the appropriate legislature or is clearly incidental to legislative authority already given. its function is limited to the execution of the laws .....Tag this Judgment!
Court : Chennai
Decided on : Jul-27-1950
Reported in : AIR1951Mad120; (1950)IIMLJ404
..... ?10. article 29, clause (2) expressly refers to admissions to educational institutions. mr. alladi krishnaswami aiyar invited our attention to the proceedings of the constituent assembly which relate to the passing of this article by that assembly. in the constitution as originally drafted the corresponding provision ..... & of individual rights & state power, & that we must approach it in a broad & liberal spirit, so as, if possible, to validate legislative & administrative action. a person who assails the legislative or administrative action of govt. must carry the burden of demonstrating beyond doubt its unconstitutionally. ..... section of the body politic requiring discriminative protection against other sections. in all the competitive walks of life the members of the non-brahmin hindu community are in the forefront having won their place, i dare say, by reason of their ability, industry, educational attainments & organising capacity ..... they contain mostly legal arguments which will be noticed later on in the judgment. in c. m. p. no. 5340 of 1960 a further affidavit was filed on behalf of the state appending three statements, one showing the selection of candidates from the various communities ..... by constitutional restraints imposed on govt. the protection of these guaranteed rights of the citizen & the enforcement of the limitations imposed on the acts of govt., are both secured by judicial process which is, to quote an american case,'the device of self-governing communities to protect .....Tag this Judgment!
Court : Chennai
Decided on : Sep-14-1950
Reported in : AIR1951Mad147; (1951)IMLJ628
..... 2) (b) merely assumes the existence of such a power but does not expressly confer it upon the state govt., the whole proceedings are void. though the validity of the provisions of the act were impugned in the affidavit as offending articles 19, 21 & 31, const. ind. in the arguments before us the learned advocate ..... . agreed, pointed out that article 19, with which alone we are here concerned, had no application to the case of a preventive detention. the act whose validity was there questioned was enacted by parliament under the enabling provisions of article 22(7) of the constitution itself. that decision has no application to state ..... in clause (3) the object of the restriction permitted is in the interest of public order & the function of the ct. in testing the validity of an act is to see whether the reasonable restrictions imposed by the law are in the interests of the public order. to the same effect are also the ..... period. the decision of the s. c. in n. b. khare v. state of delhi, 1950 m. w. n. 440; (a. i. r. 1960 s. c. 211) is authority for the proposition that in deciding on the reasonableness or otherwise of the restrictions imposed by law, the substantive as well as the ..... from the premises. it is claimed in the counter affidavit that the order of govt. of 10-3-1960 declaring the said assocn. to be an unlawful assoen. within the meaning of section 16, criminal law amendment act, 1908, was perfectly justified in the circumstances stated in it.5. sub-clause (2) of section .....Tag this Judgment!
Court : Chennai
Decided on : Nov-02-1950
Reported in : AIR1951Mad70; (1951)IMLJ115
..... order requiring the petitioner to deposit security, then an'abridgment of this right, under sections 3 (3) and 4 (1) (a), press act, should be valid and protected by the reservations contained in articles 19(5) and 19(6). but what he strenuously contended was that it was not mere use ..... constitution came into effect. it would have made, in our opinion, a difference if proceedings had been initiated against the 'keeper of the printing press' for the impugned matter prior to the coming into effect of the constitution. we agree ..... within its powers, the court as a rule of construction will hold the legislation valid by attributing the latter meaning to the words in question. for instance, the word 'property' in the hindu women's eight to property act, 1939, had been interpreted by the federal court as meaning only non-agricultural ..... action taken is after january 1950, though the publication is long prior thereto. the fact remains that actually, the government order was passed in february 1960 and was served on the party early in the month of march 1950. this makes it clear that the order demandingsecurity was issued after the ..... (0. p. no. 214 of 1950).30. these two petitioners had originally filed o. p. nos. 194 of 1960 and 214 of 1950 respectively under section 23, press (emergency powers) act, praying that the orders of the state government demanding security from the 'keeper'' of the press and the editor and publisher .....Tag this Judgment!
Court : Orissa
Decided on : Nov-03-1950
Reported in : AIR1951Ori186
..... the entire holding including the plaintiff's share or interest therein could be validly sold though the plaintiff was not a party to the proceedings. as pointed out by my lord the chief justice in giridhari mohanty v. abdul khan, i. l. r. (1960) cut. 195 at p. 199 : (a. i. r. ..... of the transfer, the decision in that ease might have been otherwise. though all these cases relate to transfers of permanent tenures and though the bengal tenancy validation act, 1903 had removed all doubts about the passing of title on transfer, neither the privy council in jitendra nath v. manmohan, a. i. r. ..... for me to say how far that decision is correct. but as already pointed out that decision itself is based on the bengal tenancy validation act, 1903 which confers complete title to the transferee of a permanent tenure irrespective of the service of processes on the landlord. therefore that decision ..... unless those conditions were substantially complied with the transfer was invalid and ineffectual. this decision necessitated the passing of an amending act known as the bengal tenancy validation act, 1903 (bengal act i  of 1903) which expressly stated that as soon as transfers of permanent tenures are registered and sales of ..... the rant so distributed. those two sections, viz,, schedule 1 and s 31-a, apply to transfers made after the passing of the amending act (act viii  of 1938). in respect of past transfers the legislature made a provision in section 31-b enacting that the transferee shall be .....Tag this Judgment!
Court : Orissa
Decided on : Nov-03-1950
Reported in : AIR1951Ori105; 16(1950)CLT249
..... no. 247 of 1947 was pending. the question for decision, therefore, is whether the notification dated 3-5-1947 or the validating act of 12-7.1947 would affect pending proceedings or render the institution of the execution case invalid retrospectively.24. it is a well-recognised rule of construction that statutes should be ..... filed by the landlord decree-holder is not affected by the house rent control act having been applied to cuttack town retrospectively, by the validating act passed in july 1947. section 13 of the act says that no suit or proceeding shall be entertained unless the landlord has been permitted by the controller by an ..... word 'suit' in the section completely devoid of any operation and would also not obviate the objection that no execution proceeding is based on any particular ground excepting the fact that a valid decree for eviction had already been obtained. if the word 'suit' is not to be completely obliterated from the ..... 3) of schedule of the act of 1947, for the words 'for a period of one year from the date of its commencement' the word3 and figures 'till the 31st march, 1960' were substituted. the point which arose in the case, however, was not with reference to the validity of these various steps in ..... . all the three of us ate agreed that the house rent control act, 1947 expired on 21.3-1960 and that the notification of the government of orissa (no. 2280-dev. dated 25-2-1950) extending the said act for one year more is invalid in view of the recent decision of .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Nov-13-1950
Reported in : 1951CriLJ1333
..... has been directed by the chief minister to try them. in view of these later orders remanding the applicants to jail, any decision on the validity of the prior orders of detention has become unnecessary. the analogy of civil proceedings where the rights of parties ordinarily have to be ascertained on the dates of their institutions cannot be invoked in habeas corpus ..... argued that the appointment of a judge under section 13 for the trial of particular cases offends article 14 of the constitution, but it is not a valid argument. if a particular judge acts prejudicially to the accused the rights of the accused can be safeguarded by transferring the case to some other court and the same thing can be said to ..... omission is unjust and, in any case, offends the constitutional guarantee of equality. i agree with my learned colleagues that the omission of committal proceedings, does not amount to a denial of equality within the meaning of act. 14 of the constitution.12. the portions which offend the constitution are the whole of sub-section (2) of section 4, which permits only ..... several applications for the habeas corpus disclose that the applicants are detained in the trimulghiri jail under orders dated february and march 1960, which purport to have been issued in the exercise of the powers conferred by the preventive detention act of 1950. they then recite certain facts as reasons for those orders being held illegal. at the heating of the oases .....Tag this Judgment!