Court : Chennai
Decided on : Feb-24-1953
Reported in : (1953)IIMLJ587
..... 1 of the constitution enacts that the territory of india shall comprise the territories of the states and this corresponds to the definition of 'british india' in section 311, government of india act, 1935. there may be some difficulty in reconciling this article with 'article 297. but that question, however, does not ..... of articles 245 and 246 is an enactment passed by a legislative body. it does not include a notification by the government. the extended definition of law as comprehending government notifications under article 13(3)(a) of the constitution is only for the purpose of that part. the correct ..... free-swiming fish, or free-moving fish, or fish attached to or embedded in the soil.'in -- 'secretary of state v. chellikani ramarao', air 1916 pc 21 (t), where the question was as to the title of the crown to islands formed within territorial waters, lord shaw has the following observations ..... . c. j. after remarking that the limits of territorial waters were not settled in international law, referred to the principle enunciated in -- '(1877) 2 ac 394 (u)' that the occupation of a bay for a long time by one state and the acquiescence therein by other states, were sufficient to ..... an important matter, not as their lordships think, because the validity of an act can be determined by discriminating between degrees of invasion but for the purpose of determining what is the pith and substance of the impugned act. its provisions may advance so far into federal territory as to show that .....Tag this Judgment!
Court : Chennai
Decided on : Aug-26-1953
Reported in : AIR1954Mad415; (1953)IIMLJ748
..... had lost sight of the observations of a bench of this court in --'narayanaswami naidu v. subramaniam', air 1916 mad 263 at p. 264 (d), where srinivasa ayyangar j. observed thus: "the definition in sub-section 2 clause (d) was obviously intended to exclude from the definition of 'estate' what are known as minor inams, namely, particular extents of land in a particular village as ..... . 1513 of 1948 (mad) (m)', where it is held that the crucial test for finding out whether the subject matter of a grant falls within the definition of an "estate" in section 3(2)(d) of the act is whether at the time of the grant the subject matter was a whole village or was only a part of a village.10. but it ..... (c)', that explanation (1) was added to clause (d) of section 3(2) thereby accepting as correct the law laid down in -- 'air 1916 mad 263 (d)'.6. the crucial test to find out whether the, subject matter of a grant falls within the definition of an "estate" in section 3(2)(d) of the act is whether at the time of the grant the subject matter ..... was a whole village or only a part of a village. if at the time of the grant it was only part of a village, then the amending act makes no difference to this and .....Tag this Judgment!
Court : Chennai
Decided on : Jul-10-1953
Reported in : AIR1954Mad621; (1954)IMLJ117
..... being repugnant to the constitution. in c. m. p. no. 13169 of 1950 the facts are that the government of madras in exercise of the powers conferred on them by section 2 (i-a) of the act issued on 27-6-1949 a notification declaring cocoanuts, copra and arecanuts as commercial crops. on 15-11-1949, a further notification was made under ..... time the only products which had become commercial crops having an international market were cotton, groundnuts and tobacco; and the definition of commercial crops as enacted originally comprised only these three crops. by an amendment of the section made by the madras act 7 of 1948, it was enlarged so as to include any other crops or product which might be notified as ..... authority competent to enact it. the fact that its operation had not been extended before the coming into force of the constitution is not material for the purpose of this definition. on the other hand, when the constitution intends to refer to a law which is in force at the time of the constitution, it used the expression 'law in force ..... qualification. it was, indeed, common in the present case that the conception of freedom of trade, commerce & intercourse in a community regulated by law presupposes some degree of restriction on the individual. as long ago as 1916 in -- 'duncan v. state of queensland', 22 clr 556 (q), sir samuel griffith c. j. said, 'but the word 'free' does not mean 'extra legem .....Tag this Judgment!
Court : Chennai
Decided on : Oct-23-1953
Reported in : AIR1954Mad690
..... to such, areas in the state as may be notified by the state government (vide sub-section (2) of section i) and that the act was really a piece of emergency legislation.he contended that the power of exemption conferred on the government by section 13 of the act was not unconstitutional, it was a very beneficial power intended to mitigate the evil effects of a ..... object of which was "to provide for public safety, maintenance of public order and preservation of peace and tranquillity in the state".his lordship said :"the clear recital of a definite objective furnishes a tangible and rational basis of classification to the state government for the purpose of applying the provisions of the ordinance."23. the following observations of his lordship ..... . who delivered the opinion of the court observed :"we do not regard the fact that permission to keep cattle may be granted by the municipal assembly as impairing, in any degree, the validity of the ordinance, or as denying to the disfavoured dairy keepers the equal protection of the laws.....the question in each case is whether the establishing of a ..... operation of a tax imposed on the members of a class. a legislature is not bound to tax every member of a class or none. it may make distinctions of degree having a rational basis, and when subjected to judicial scrutiny they must be presumed to rest on that basis if there is any conceivable state of facts which would support .....Tag this Judgment!
Court : Mumbai
Decided on : Jan-08-1953
Reported in : AIR1954Bom139; (1953)55BOMLR725; ILR1953Bom991
..... claiming to be the legal representative of a party and the opposite party then the question will fall within the purview of section 47, and then because of the definition of 'decree' in section 2, it would amount to a decree. whatever that might be, for the purpose of the present case it does not ..... virtue of a (succession) certificate' to 'recover the same by regular suit against the holder of the certificate', see also the proviso to section 9 of the act. i do not, therefore, think that the privy council intended to lay down as a universal rule that a decision on the question of ..... to whether there was a partition between the three brothers was gone into in proceedings for a certificate under the provisions of act no. 27 of 1860. that act specifically provided by section 5 that it did not affect the right of the person entitled to the whole or any part of the moneys received ..... 'great oppression might be done under colour and pretence of law' : see the observations of their lordships of the privy council in -- 'sheoparsan singh v. ramnandan', air 1916 pc 78 (g); -- 'hook v. administrator-general of bengal', air 1921 pc 11 (h) and-- 'ramachandra rao v. ramachandra rao' air 1922 pc 80 (i ..... however, that when a question was decided between two rival claimants to the certificate) the application of the principle of 'res judicata' would not allow the act of 1860 to affect the right of either, and the decision embodies the principle that if in an earlier proceeding, which is not a suit, any .....Tag this Judgment!
Court : Allahabad
Decided on : Sep-28-1953
Reported in : AIR1954All291; 25ITR472(All)
..... leave this point we may mention that stress has also been laid on the word 'general' in the definition of the words 'charitable purpose' at the end of section 4, indian income-tax act. charitable purpose has been defined as 'including relief of the poor, education, medical relief, and the advancement of any other object of general public utility'. stress is laid on the ..... their faith and in accordance with the constitution of the sabha vest in the sabha under a legal obligation wholly for religious and charitablepurposes within the meaning of section 4 (3) (i), income-tax act? 2. whether in the circumstances of the case set forth in the statement of case, the income derived by the respondent sabha from bhents and received by the ..... obligation wholly for religious or charitable purposes of the sabha but the 'bhents' cannot be said to be income derived from property under section 4(3)(i), income-tax act. they will properly come under clause (ii) of that sub-section meaning thereby that they are income of a religious or charitable institution derived from voluntary contributions and applicable solely to religious or charitable ..... order of the tribunal it is clear that this economic amelioration of. the condition of the satsangis was intended to be effected in three ways : (1) by giving them training; (2) by setting up model industries; and (3) by reducing unemployment. we have already quoted the passage from para 11 of the appellate order of the tribunal where the reducing oft .....Tag this Judgment!
Court : Chennai
Decided on : Apr-17-1953
Reported in : AIR1954Mad51; (1953)2MLJ325
..... " (section 2(i)).in other words, they are agricultural labourers who will be engaged either by the owner who resorts to personal cultivation or by the cultivating tenants when they require additional hands for carrying on agricultural operations. the definition of "pannaiyal" excludes casual labourer.when the provisions of the act are ..... his family in the cultivation of any land belonging to another"as a tenant and mere intermediaries are not comprised in this class, vide section 2(d). a third category is the class of person who are called pannaiyals.a pannaiyal is defined as"any person engaged by the landowner ..... law ed 1090 at p. 1097 (t), as to the limitations on the police power:"the police power of a state, while not susceptible of definition with circumstantial precision, must be exercised within 9 limited ambit and is subordinate to constitutional limitations. it springs from the obligation of the state to protect ..... out of nothing, you cannot create an advantage out of a vacuum. this makes the whole question one of degree, and there is no principle, no fundamental right, in a matter of degree."(vide mr. luce quoted in strong on american constitutional law at page 576). thus, the american law does ..... service for other reasons. these persons were not in carrier service at the date of the act, and it is certain thousands of them never again will be..... it is arbitrary in the last degree to place upon the carriers the burden of gratuities to thousands who have been unfaithful and .....Tag this Judgment!
Court : Chennai
Decided on : Sep-11-1953
Reported in : AIR1954Mad385; (1953)IIMLJ699
..... on all oils extracted from oilseeds crushed in any mill in the provinces and the proceeds are to be paid to a committee appointed under the act. under section 2 of the mica mines labour welfare fund act (xxii of 1946) (central) a tax is imposed on all mica, exported from the provinces and the proceeds are to be transferred, to a special fund ..... . r. 116 (k) made with reference to article 116 of the australian constitution will be found to be very instructive:'it would be difficult, if not impossible, to devise a definition of religion which would satisfy the adherents of all the many and various religions which exist, or have existed, in the world. there are those who regard religion as consisting ..... also observed:'the addition of the right to dispose of property in article 19(1)(f) along with the right to acquire and hold is not intended to give a definition of property so as to limit it to disposable property. property may be inalienable, but yet a person may be entitled to hold it as is the case of inalienable ..... to their conscience. passing years, however, have brought about the acceptance of a broader meaning, although never until today, i believe, has this court widened its interpretation to any such degree as holding that recognition of the interest of our nation in religion, through the granting, to qualified representatives of the principal faiths, of opportunity to present religion as an optional .....Tag this Judgment!
Court : Allahabad
Decided on : Oct-10-1953
Reported in : AIR1954All235
..... year 1922. it could not therefore, be said to have been validated and made statutory by sub-section (4) of section 96b of the government of india act, 1919. under sub-section (2) of that section the secretary of state in council was empowered to make rules for regulating the classification of the civil ..... from time to time and ultimately published as rules of 1930 and modified subsequently as well and(b) fundamental rules. these latter are contained in section 2 of the compilation entitled 'fundamental rules and the supplementary rules issued by the government of india in 1949, iii edition.'23. in rule 7 ..... of showing cause against the action proposed to be taken in regard to him. no action is proposed within the meaning of the sub-section until a definite conclusion has been come to on the charges, and the actual punishment to follow is provisionally determined on. prior to that stage, the ..... a pension not usually exceeding, and not necessarily so great as, that which would have been admissible to the officer if he had been invalidated on medical certificate'. removal 'from service under rule 353a is also spoken of as 'compulsory retirement' but this has nothing to do with 'retirement' under rule ..... allowances granted to any officer shall not exceed two-thirds of the pension which would have been admissible to him if he had retired on medical certificate'.15. rule 353a deals with pension when a person is removed from service when found unfit for further advancement. it says that--' .....Tag this Judgment!
Court : Chennai
Decided on : Feb-20-1953
Reported in : AIR1953Mad729; (1953)IIMLJ61
..... united kingdom) and the british possessions, which by statutory definition excluded the united kingdom. the surrender of a fugitive offender between any of two of the territories of this class was regulated by the fugitive offenders act, 1881. this class itself consisted of two sub-clauses. section 2 in par i of the fugitive offenders act was general in its scope, in that it applied ..... . these statutes provided for the extradition of fugitive offenders found on the soil of what was then british india to four well-defined classes of countries or territories. 17. section 2, extradition act 1870 provided for the surrender of fugitives to a foreign state with which 'an arrangement had been made by her majesty', that is, with which her majesty of the united ..... by the local laws of the extraditing country. that is the position in india. as between two sovereign states, the terms are normally settled by treaties between them. section 2 of the extradition act of 1870 provided for the terms of the treaty being given statutory force by an order in council. reciprocity is the normal rule. exclusion of political offenders from the ..... of persons often require separate treatment. 4. the principle does not take away from the state the power of classifying persons for legitimate purposes. 5. every classification is in some degree likely to produce some inequality, and mere production of inequality is not enough. 6. if a law deals equally with members of a well-defined class, it is not obnoxious .....Tag this Judgment!