Court : Karnataka
Decided on : Mar-05-1963
Reported in : 52ITR126(KAR); 52ITR126(Karn)
..... be credited - (a) all amounts paid to the board by the central government under sub-section (1) of section 13; and (b) any sums transferred to the general fund under the proviso to sub-section (2) of section 32; and (c) all fees levied and collected by the board under this act.' '(2)(a) to meet the expenses of the board; (b) to meet the cost of ..... the control of the union of the coffee industry; it is hereby enacted as follow :...' 9. section 2 of the act lays dow : '2. it is hereby declared that it is expedient in the public interest that the union should take under its control the coffee industry.' 10. section 4 provides for the constitution of the board. the board contains 33 members including the chairman ..... wholly or partly for public purposes of a charitable or religious nature and actually spent for the said purposes.' 6. there is an explanation appended to that section and that explanation read : 'in this section, charitable purpose includes relief of the poor, education, medical relief and advancement of any other object of general public utility.' 7. before the assessee can claim relief under ..... section 12(f) it must established that these research stations are held by it under a trust or other legal obligation wholly or partly for public purposes of a charitable nature .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Nov-18-1963
Reported in : AIR1964AP318
..... a judicial power. we have therefore no doubt that the power to review conferred upon the government under section 72(3) of the act partakes of the same character. it must therefore be exercised, as stated above, on judicial considerations and within the definitive limits of the statutory provision authorising such review. any review therefore of an order passed in exercise of ..... of any material fact. the provisions contained in the proviso to sub-section (1) and in sub-section (2) shall apply in respect of any proceeding under this sub-section as they apply to a proceeding under this sub-section (1).(4) every application preferred under subsection (1) or sub-section (3) of this section shall be accompanied by a fee of fifteen rupees.'14. we ..... to review their earlier order and locate the health centre at doravarisathram. he however suggested that the shift in the health centre should be effected only after providing alternative medical aid to the mallam group of villages by transferring a local fund dispensary of durgarajapatnam to mallam and upgrading it into an allopathic dispensary, and that if it is ..... already existed. the district medical officer was of the same opinion. the collector agreeing with the opinion of the local officers, as stated earlier, recommended that the primary health centre should be located at mallam.2. in view of the said report of the collector the government through their letter dated 20-5-1960 asked the block development officer, nayudupet samithi .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jan-21-1963
Reported in : AIR1963SC1638; 1SCR561
..... passed to provide for thebetter administration and governance of the temple of shri shrinathji, at nathdwara.it consists of 38 sections. section 2 is a definition section; under s. 2(i)'board' means the nathdwara temple board established and constitutedunder the act, and s. 2(ii) defines 'endowment' as meaning allproperty, movable or immovable belonging to or given or endowed in any name forthe maintenance or support of the ..... upheld the validity of theact, but it has struck down as ultra vires a part of the definition of 'temple'in s. 2(viii), a part of s. 16 which refers to the affairs of the temple; s.28, sub-ss. (2) and (3); s. 30(2)(a); sections 36 and 37. the petitioners as well asthe state of rajasthan felt aggrieved by this decision ..... major operative provisions of the act did not contravene thefundamental rights of the tilkayat under art. 19(1)(f); sections 16 and 28, sub-ss.(2) and (3), s. 30(2)(a), sections 36 & 37, however, did contravene thetilkayat's fundamental rights according to the high court, and so, the saidsections and the part of the definition of 'temple' in s. 2(viii) were struckdown by the ..... provides that if a board isdissolved, immediate action should be taken to reconstitute a fresh board inaccordance with the provisions of this act. section 10(2) provides a safeguardto the board against which action is proposed to be taken under sub-s. (1)inasmuch as it requires that before the notification of the board's dissolutionis .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Mar-13-1963
Reported in : AIR1964SC1379; 2SCR293
..... i.e., the appellants. the argument was broadly on these lines : section 2(6) of the act defined the word 'debt' and the expression 'debt' is employed in s. 2(9) as also in s. 5(1) under which the application giving rise to this appeal was filed. the essence of that definition is that it involves a pecuniary liability on the part of the ..... decision of this court in rajkumari kaushalya devi v. bawa pritam singh : 3scr570 , where it was ruled that a mortgage-debt was within the definition of the word 'debt' in s. 2(6) of the act. no doubt, that case was not concerned with the distinction between cases where the creditor has a right to proceed personally against the debtor and cases ..... of a debtor to redeem are sufficient to enable the beneficient provisions of the section being attracted. it is only necessary to add that what might have been apparent from what we have said earlier, viz., (1) that the point based upon the definition of a 'debt' in s. 2(6) is wholly inapplicable to the case of sham singh since the mortgage ..... the date on which this act comes into force in any local area, a displaced debtor may make an application for the adjustment of his debts to the tribunal within the local limits of whose jurisdiction he actually and voluntarily resides, or carries on business or personally works for gain.........' 6. sub-section (2) and (3) of this section specify what the application under .....Tag this Judgment!
Court : Allahabad
Decided on : Jul-23-1963
Reported in : AIR1964All86
..... c) the packets of the marked copy of the electoral roll or, as the case may be, the list maintained under subsection (1) or sub-section (2) of section 152; and (d) the packets of the declarations by electors and the attestation of their signatures; shall not be opened and their contents shall not ..... even that.31. in this connection we would like to reproduce the provisions of section 100(1)(d) of the act which read as follows:'100. -- grounds for declaring an election to be void. -- (1) subject to the provisions of sub-section (2), if the tribunal is of opinion - (d) that the result of the ..... the discretion of the tribunal. if the intention of the legislature had been to allow scrutiny or inspection of ballot papers easily, a rule would definitely have been framed allowing such inspection on certain conditions. the fact that it has been left to the discretion of the tribunal shows that inspection ..... should declare the election void, and not whether it should permit inspection before the hearing. secondly, it was not a case where it had been definitely alleged that the result had been manipulated. alt that had been alleged was that the possibility of its being manipulated could not be excluded. we ..... in support of the decree of the court below which would sustain the degree.14. with a view to appreciate fully the submissios made at the bar it is necessary to consider some provisions of the act. section 80 of the act reads as follows:'80 election petitions, -- no electten shall be called in .....Tag this Judgment!
Court : Karnataka
Decided on : Apr-11-1963
Reported in : AIR1964Kant67; AIR1964Mys67; ILR1963KAR788; (1963)2MysLJ122
..... fields or that he and his wife last resided together at kolar gold fields within the jurisdiction of the district court, bangalore.27. section 3 of the act gives the definitions of several relevant terms used therein. according to section 3 'district court' is defined as the court of the district judge within the local limits of whose ordinary jurisdiction, or of whose ..... . on coming to know of this the petitioner left her in her parent's house and returned to vaniambadi. thereafter they never resided together.the word 'reside' connotes some degree of continuity of stay in a place and the words 'residing together' would consequently mean that the persons residing together should have continuously stayed together in the same dwelling for ..... knew that the amorous connection of the first respondent with the co-respondent which might have existed before marriage continued even after her marriage with him. the letter exhibit p.2 clearly indicates that the petitioner willingly consented to the so-called marriage of the first respondent with the co-respondent, the registered agreement further evidences that the respondents lived ..... the matter, such conduct amounts to connivance or not. it may very well be that the petitioner thought that respondent-i was doing nothing improper in living together with respondent-2 who had already held her affections and that he (the petitioner himself) was doing nothing wrong in doing something conducive to their happiness. but nevertheless if the conduct of .....Tag this Judgment!
Court : Allahabad
Decided on : May-22-1963
Reported in : AIR1964All108
..... , and shall be governed by, the other provisions of this act so far as they can be made applicable.' 18. a perusal of section 20 of the act would indicate that sub-section (1) of section 20 defines the conditions necessary for filing an application in court. sub-section (2) relates to the form o the application, sub-section (3) provides for the issue of notice by the ..... done practically nothing in the case. as i have already observed above, it is not correct to say that the criterion for that determination of the question should be the degree or the amount of work done by the arbitrator.49. the last case to which reference might be 'made is the case of : air1956all377 . this was a case in which ..... the proceedings. whether or not the arbitrator was right in supposing that in these circumstances he had no authority to continue to act, is a matter with which we are not concerned. the fact remains that he definitely refused to act and that at the time this application was filed under para 17, his refusal was still in force......... the result therefore is ..... that we have before us an application to enforce an agreement to refer a dispute to the arbitration of a gentleman who had already decline to act, and in these circumstances we .....Tag this Judgment!
Court : Kerala
Decided on : Sep-13-1963
Reported in : AIR1964Ker29; 1964CriLJ190
..... the 4th respondent referred me to the provisions of the travancore-cochin public health act, and the absence of any rules. mr. k. v. surianarayana iyer, learned counsel for the petitioner, on the other hand, re-ferred me to the definition of the expression 'nuisance' occurring in section 2 sub-section (27) of the statute, and also referred me to the particular provisions on the ..... of view.15. on the basis of (he report ext. p i, the director of health services, issues the communication dated 25-5-1963, evidenced by ext. p 2, to the assistant district medical officer of health, allep-pey. after referring to the subject as 'establishment of a cemetery in thycal, attached to parish church', the director of health services states that ..... with these instructions, it is seen that the deputy director of health services made an inspection of the area in question on 17-5-1963 along with the assistant district medical officer of health, alieppey. the said officer also sent a report, to the director of health services, dated 20-5-1963, a copy of which is furnished in these proceedings ..... a copy of the inspection report of the deputy director of health services regarding the location of a cemetery in thycal is forwarded to the assistant district medical officer of health, alleppey, and that the latter officer is requested to issue prohibition notice to the party.16. on the basis, again, of this communication ext p .....Tag this Judgment!
Court : Rajasthan
Decided on : Sep-23-1963
Reported in : AIR1964Raj126
..... this does not appear to us to be correct in view of clause (a) of sub-section (2) of section 36 of the representation of the people act, 1951 (act no. xliii of 1951, hereinafter referred to as the act of 1951) which, inter alia provides that a nomination paper may be rejected on the ground ..... like this could even be raised before the returning officer under section 36(2)(a), and futher it has been made a definite ground for the avoidance of the election under section 100(1)(a) of the act of 1951. we are, therefore, definitely of the opinion that this case can furnish no help whatsoever ..... in which a candidate had omitted to specify his age in his nomination paper and the returning officer rejected it under section 36(2)(b) of the act of 1951. section 36(2)(b) lays down that a returning officer may reject any nomination paper where there has been a failure to comply with ..... election to fill a seat if he is qualified to be chosen to fill that seat under the provisions of the constitution and this act.' by section 36(2) it is provided that on the date fixed for the scrutiny of nomination papers, it will be the duty of the returning ..... to the appellant.24. the conclusion, therefore, to which wecome is that there is nothing in section 36(7) of the act of 1951 or section .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Oct-22-1963
Reported in : AIR1964SC1341; (1964)0GLR55; 5SCR157
..... fixing the standard rent or for determining the permitted increases is made by a tenant who has received a notice from his landlord under sub-section (2) of section 12, the court shall forthwith make an order specifying the amount of rent of permitted increases to be paid by the tenant pending the ..... 131., the court observed : 'these remarks are not applicable to the facts of the present case. they apply to cases in which the law definitely ousts the jurisdiction of the court to try a certain dispute between the parties and not to cases in which these is no such ouster of jurisdiction ..... order itself being liable to be varied or modified by an order of a superior court. but that is not a ground for departing from the definition supplied by the statute. the legislature has prescribed conditions on which the tenant may qualify for protection of his occupation, and one of the important ..... increases recoverable under this act the tenant shall be deemed to be ready and willing to pay such amount if, before the expiry of the period of one month after notice referred to in sub-section (2), he makes an application to the court under sub-section (3) of section 11 and thereafter pays ..... merged states (laws) ordinance vi of 1949 and the bombay act iv of 1950 called the bombay merged states (laws) act, 1950 which extended the bombay rents, hotel and lodging house rates (control) act, lvii of 1947, to the territory of baroda, the definition of 'standard rent' in relation to any premises for purposes .....Tag this Judgment!