Court : Orissa
Decided on : Jan-27-1969
Reported in : AIR1969Ori252
..... completion of his training. it is only to understand the meaning of the expression and the sense in which the management has understood it that one can look into the definition of this expression in the standing orders. in anycase, this is a question of fact and the learned tribunal after considering all the circumstances has come to the conclusion ..... the standing orders and section 5 says that on receipt of the draft standing orders, the certifying officer shall forward a copy ..... months from the date of which the act becomes applicable to an industrial establishment, the employer shall sibmit to the certifying officer five copies of the draft standing orders proposed by him for adoption in his industrial establishment. sub-section (2) relates to matters which are to be provided for in the standing orders, section 4 prescribes the condition for certification of ..... they were submitted for certification in april 1960 and a reference in this connection was made to section 12a of the standing orders act. section 12a provides that notwithstanding anything contained in sections 3 to 12 for the period commencing on the date on which this act becomes applicable to an industrial establishment and ending with the date on which the standing orders as .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Aug-28-1969
Reported in : AIR1972MP1; 1971MPLJ987
..... persona designata. to start with, he referred to the definition of a 'judge'. that definition does nothing more than to refer to the district judge or the additional district judge in terms of sub-section (2) of section 20 of the m. p. municipalities act. it may be noted that the function of section 20 of the act is not only to indicate the authority before whom the ..... on that authority of the disposal of the petition. in this view of the matter a separate definition of a ..... election petition is to be filed but the section also confers power ..... the permission of the district magistrate, he filed in any civil court against a tenant for his eviction from any accommodation, except on one or more of the following grounds.' section 2 (d) of the said act defines 'district magistrate' as under : ''district magistrate' includes an officer authorized by the district magistrate to perform any of his functions under this .....Tag this Judgment!
Court : Gujarat
Decided on : Aug-12-1969
Reported in : AIR1970Guj209; (1970)GLR883; (1970)0GLR383
..... meaning of the term. coming back to the question of the powers of the food inspector of taking the sample, i must say that mr. desai had relied upon the definition of the term 'sample' as defined in section 2(xiv) of the act which defined 'sample' as meaning 'a sample of any article of food taken under the provisions of this ..... in possession for same of any such article, and includes also an attempt to sell any such article.'thus section 2(xiii) gives a special definition of 'sale' which specifically includes within its ambit a sale for analysis. the definition of sale is an inclusive definition and it covers within its fold an agreement for sale, an offer for sale, the exposition of an article ..... act or of any rules made thereunder.' relying upon this definition, mr. desai urged that the taking of the sample from a person filing in one of the three characters aforesaid must be in the ..... credit or by way of exchange or may be a sale of sample for analysis it would be a sale within the meaning of the term as defined in section 2(xiii) of the act. it is true as contended by mr. desai that mere possession of an adulterated article of food is not a sale but if, in a given case, it .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Apr-03-1969
Reported in : AIR1970AP13; 1970CriLJ26
..... to which i would like to refer though it is not in point. construing the words 'assessment made under the act' occurring in section 67 of the indian income tax act 1922 in raleigh investment co. ltd. v. governor-general in council, (1947) 2 mad lj 16 = (air 1947 pc 78) their lordships observed:-'the obvious meaning, and in their lordships' opinion the correct ..... examination itself my be such an act. the test may well be whether the public servant, if challenged, can reasonable claim ..... act as a public servant in picking the pocket of a patient whom he is examining, though the ..... be said to act or to purport to act in the discharge of his official duty, if his act is such as to lie within the scope of his official duty. thus a judge neither acts nor purports to act as a judge in receiving a bribe, though the judgment which he delivers may be such an act; nor does a government medical officer act or purport to .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Sep-12-1969
Reported in : AIR1970MP91; 1970MPLJ16
..... recovering his maintenance from the income of the village, he may have been paid in cash or he may have been granted khudkasht land (defined by section 2 (viii) as any parcel of land of a jagirdar in which the rights of occupant accrue to him) in lieu of maintenance allowance.the different ..... application if the order that is called in question, is really not an order under the act but a nullity. in other words, if a purported order is no order at all the immunity conferred by sub-section (2) will not protect such an order from being challenged in a civil court. the question whether ..... that person used to receive from the jagirdar before the date of resumption, bears to the sanadi income of the jagir.'4. sub-section (1) of section 39 of the act which has been extracted above bars the jurisdiction of civil and revenue courts 'to settle, decide or deal with any question' which is ..... in answer submits that the order of the jagir commissioner was immune from challenge in the civil court and he relies for this submission on section 39 of the act. he also disputes the existence of the infirmities pointed out by the learned counsel for the appellant in the order.3. to appreciate the ..... everything which purports to be a determination but which is in fact no determination at all. and there are no degrees of nullity.'.........''it has sometimes been said that it is only where a tribunal acts without jurisdiction that its decision is a nullity. but in such cases the word 'jurisdiction' has been used .....Tag this Judgment!
Court : Chennai
Decided on : Dec-05-1969
Reported in : 78ITR285(Mad)
..... of sale proceeds of the produce of the company.6. the question arose as to whether their activities constituted business within the meaning of section 2(4) of the excess profits tax regulation, hyderabad, whether the appellants were acting as employees of the company and whether the remuneration was liable to excess profits tax. the supreme court held that the appellants were the ..... to the income-tax appellate tribunal, madras, raising the same two contentions, that is, (1) that the income-tax officer was not justified in passing an order under section 154 of the act, and (2) that the income-tax officer was not justified in treating the sum of rs. 25,233 as part of the assessee's salary income. the tribunal also felt ..... navigation co. ltd. and held that in respect of the question which was not raised before the tribunal, argued or decided by the tribunal, a reference under section 66(2) of the indian income-tax act could not be asked for, and that, however, the question referred to was couched in general terms and the tribunal having decided the question against the assessee ..... operations is not relevant for the purpose of finding out whether the activities of the assessee come within the definition of ' business'.7. the decision in qamar shaffi tyabji v. commissioner of excess profits tax also arose under the hyderabad excess profits tax act. in that case the trustees of an industrial trust fund formed by a hyderabad firman of 1929 were .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Nov-13-1969
Reported in : AIR1970SC951; 1971(0)BLJR689; 1970CriLJ875; (1969)3SCC471; 3SCR233
..... federal legislature or of the provincial legislature was to apply to an excluded or a partially excluded area unless the governor by public notification so directed. sub-section (2) of section 92 of the government of india act, 1935 conferred power on the governor to make regulations for the peace and goods government of any area in a province which was an excluded or ..... under section 19 of the sea customs act, 1878 and the second limb of sub-section (2) of section 3 is that all the provisions of that act (meaning thereby the sea customs act, 1878) shall have effect accordingly. to accede to the contention of counsel for the appellants that only ..... , the contravention of such a notification would bring into effect each and every provision of the sea customs act, 1878.18. in the present case, sub-section (2) of section 3 of the imports end exports control act, 1947 enacts that goods to which any order under sub-section (1) applies shall be deemed to be goods of which the import or export has been prohibited ..... have effect accordingly'.12. the first contention on behalf of the appellants is that sub-section (2) of section 3 of the imports and exports control act, 1947 means that only section 19 of the sea customs act, 1878 is applicable and the other section do not apply. the second contention on behalf of the appellants that the bihar regulation i of 1951 is in excess of .....Tag this Judgment!
Court : Allahabad
Decided on : Dec-31-1969
Reported in : (1895)ILR17All238
..... of that word as defined in the code of civil procedure, is passed by the winding up court under section 214 of the companies act. that section seems to be the complement of section 162 et seqq of the act which give to the winding up court large inquisitorial powers in order to enable it to get in the ..... a decree?' it is contended in the office report that the orders must have the force of a decree, because it is said they, under section 166 of the companies act, can be enforced in the same manner as a decree of a court made in a suit.4. a similar question was raised before the ..... the order i am about to pass and in the reasons for it.2. the matter has arisen in the following manner: during the winding up of the himalaya bank, limited, the judge of saharanpur, acting under sections 162, 163 and 214 of the companies acts of 1882 and 1887, directed certain directors and officers of the bank ..... to repay large sums of money to the bank. memoranda of appeal to this court were admitted on a court-fee stamp of rs. 2 under article 11 of the second ..... schedule to the court-fees act. .....Tag this Judgment!
Court : Allahabad
Decided on : Dec-31-1969
Reported in : (1875)ILR1All1
..... pending the appeal in the high court is a judicial proceeding or not, my opinion is it is not such a proceeding within the terms of the definition contained in section 4, act x of 1872.6. it was not a proceeding in the course of which evidence was or could be taken. the magistrate did not contemplate any ..... was a formal warrant of commitment to jail drawn up in the form c, scheldule ii of act x of 1872, and signed by the magistrate, such as prescribed by section 303 * the warrant used is that which is used when a magistrate acts under section 196 of the code, when the evidence given before a magistrate justifies his sending the ..... in my opinion, we have the power to set aside the magistrate's order as illegal.9. under section 297 of act x of 1872 [q. v. supra, i all. 3.] if in any case either (1) called for by itself, or (2) reported for orders, or (3) which comes to its knowledge, it appears to the ' court that ..... think that we have jurisdiction to deal with the order under clause 1, section 297 [q.v. supra, i all. 3.] of act x of 1872, and i would annul it.oldfield, j.28. this case has been referred under section 296 [q.v. supra, i all. 2.], act x, of 1872, by the sessions judge for the orders of this ..... the case now before us has come up to this court on the report of the court of session, and, under the first clause of section 297 [q.v. supra, i all. 2.], 'if it appears to the high court that there has been a material error in any judicial proceeding of any court subordinate to it, it .....Tag this Judgment!
Court : Allahabad
Decided on : Dec-31-1969
Reported in : (1875)ILR1All151
..... be of this mistaken opinion, for it appears from the correspondence which accompanies his letter of reference and by his directing mr. pears' attention to section 390 of the criminal procedure code, that his idea was that he could admit to bail in any case after trial, whether there had been a conviction or ..... category indicated by the heading of 'procedure incidental to inquiry and trial,' would involve the necessity of holding that an 'accused person' in the section was synonymous with a convicted person, and that therefore the compiler of the code had made a mistake in placing it under the heading of ..... to release the prisoners on bail, was illegal, and i am clearly of the same opinion. they very properly direct attention to the circumstance that section 390 is to be found under part ix of the code, which is entitled as 'procedure incidental to inquiry and trial'; and, keeping that ..... on bail is, in my opinion, illegal. the case not being appealable, the judge could not act under section 281, criminal procedure code, as an appellate court and admit to bail, and the power given by section 390, criminal procedure code, appears to me to refer to the procedure incidental to inquiry and trial, and to ..... an appeal would lie from the magistrate's sentence or not. the section does not refer to cases in which the court of session is proceeding under section 296 of the procedure code.turner, j.2. reading the terms of section 390 by themselves, the natural construction appeal's to be that in all .....Tag this Judgment!