Court : Supreme Court of India
Decided on : Apr-24-1973
Reported in : AIR1973SC1461; (1973)4SCC225; SuppSCR1
..... 14, article 19 or article 31. no challenge was ever made to these amendments.2098. the constitution (seventeenth amendment) act, 1964 came into force on june 20, 1964. this act, by section 2(ii) inserted a new definition of "estate" in article 31a(2)(a) with retrospective effect and added as many as 44 acts in the ninth schedule, thus extending the protection of the schedule to 64 ..... was on appeal from the decision of the high court of australia, reported in 26 c.l.r. 9. apart from the questions of interpretation of sub-section (6), section 6, of the industrial arbitration act, 1916 and the construction of the commission which was issued, the main question that was debated before the high court and the board was whether the legislature of ..... as a repeal, although it may operate as a repeal to a certain degree. a repeal is the abrogation or destruction of a law by a legislative act. hence we may see that it is the effect of the legislative act which determines its character". the first part of this definition may be compared with the meaning indicated by wanchoo, j. in golaknath' ..... article 368 provides amendment of this constitution which obviously means the whole constitution including every provision. in a constitution different methods of amendment may be laid down depending upon the degree of importance attached to particular parts of the constitution. apart from the language of article 368 the draft constitution as it emerged through the constitutuent assembly shows that no .....Tag this Judgment!
Court : Kolkata
Decided on : Jan-24-1973
Reported in : AIR1974Cal158
..... ' as found in the act may be read in conjunction with the definition of 'ornament' which is to be found in section 2 (p) of the act and is as follows:--' 'ornament' means a thing in a finished form, meant for personal adornment or for ..... provisions contained in section 8 (1) of the act must be that the article in question is primary gold.8. the expression 'primary gold' has been defined in section 2 (r) of the act as follows:--' 'primary gold' means gold in any unfinished or semi-finished form and includes ingots, bars, blocks, slabs, billets, shorts, pellets, rods, sheets, foils and wires.'this definition of 'primary gold ..... that i have seen them wearing.' although the expression 'unfinished ornament' occurs in a single place in paragraph (sic) the report, the report, read as a whole gives me the definite impression that. according to mr chandra, these ornaments were finished ornaments as stated in the first paragraph of the report further he is of the view, that it is an ..... are commonly used in this country and are capable of being used as 'ornaments' within the meaning of the act.19. it may be mentioned at this stage that the degree of finish in the sense of polish or shine or the degree of intricacy of a design of an ornament may be capable of an almost infinite variation. but that does not .....Tag this Judgment!
Court : Kolkata
Decided on : Mar-27-1973
Reported in : AIR1973Cal450,77CWN711
..... held by the commission on a reference under section 22(3)(b) and centres round the true meaning of the definition clause 2 (g) which defines 'inter-connected' undertaking. these two provisions, namely sections 2(g) and 22 may for the purpose of convenience be set out as hereunder:--'2 (g) 'inter-connected undertakings' means ..... for the petitioner has very strongly criticised the view taken by the commission. according to mr. roy choudhury, different sub-clauses of section 2(g) of the said act must be read as exclusive of each other: in any event corporate bodies in order to be interconnected must satisfy the test laid down ..... co. ltd., and its directors for declaration that a notice dated september 14, 1970 and the explanatory statement annexed thereto issued under section 173(2) of the companies act, 1956 convening a general meeting and the resolution passed at such a meeting are void and inoperative. in that case the plaintiff filed ..... of shares is not always the decisive factor in determining effective control. such control can be had in many ways.'control is a matter of degree, ranging from complete legal control for all purposes over a wholly owned subsidiary to de facto control, except in the event of a major ..... been strongly relied on by mr. roy chowdhury as the ratio in the decision. referring to section 2(g)(iii)(d) he observed,'it is true that clause (d) of section 2(g)(iii) of the act merely provides 'if one exercises control over the other in any other manner'. it is also .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Oct-08-1973
Reported in : AIR1974MP59; 1974MPLJ1
..... are found as contained in section 91 of the m.p. act. see section 92 of the assam act; section 62 of the bihar act; section 67 of delhi act; section 161 of gujarat act; section 111 of madras act; section 157 of maharashtra act; section 121 of mysore act; section 123 of orissa act; section 77 of punjab act; section 81 of rajasthan act; section 89 of travancore-cochin act; and section 56 of u. p. act. in all these corresponding provisions ..... some land was given to it by the state government under the provisions of section 162 of the m.p. land revenue code. the registrar, co-operative societies, in exercise of his powers under section 53 (1) of the act, and after issuing a show cause notice under sub-section (2), ordered removal of the committee and appointed shri n. k. shrimal to ..... of individuals, whether incorporated or not.'there is nothing to show that this inclusive definition will be repugnant to the context of section 53 (1) of the act we hold that even a corporate body is within, the meaning of the expression 'person or persons' as employed in section 53 (1). 40. we shall now advert to the decision of the ..... the section as unconstitutional and violative of article 245 of the constitution. 9. delegated legislation strives to relieve the over-burdened legislature of the strain by attending to the matters of detail within the scope of the policy and guidance furnished in the statute. in areas of socio-economic change. legislative delegation is growing and expanding in degrees. with .....Tag this Judgment!
Court : Delhi
Decided on : Nov-19-1973
Reported in : ILR1973Delhi1081
..... word ' category' is defined in section 2(c) to mean a 'group of posts specified in column 2 of the table under rule 4'. the table in rule 4 gives the categories of supertime grade ii, specialists' grade, general duty officers, grade i, etc. it is significant that this definition is different from the definition of 'category' in rule 2 (b) of the old rules ..... down the educational and other qualifications required for the posts in various categories. for supertime grade ii, the qualifications are as follows:- (1)a basic medical qualification under the indian medical council act, 1956. (2) post-graduate degree or diploma qualifications mentioned in annexure ii or equivalent.(7) annexure ii to the second schedule lists the various specialities in medicine and public health and enumerates the ..... the service were already occupying posts and held liens on them at the initial constitution of the service in 1963 shows that these posts existed from before 1963. the very definition of' departmental candidate' shows that these departmental candidates were in the department from before 1963. secondly. the first lilies were made in 1959 which also shows that persons ..... . this recognises the existence of rules different than these rules relating to the post. such different rules must, thereforee, be prior to these rules. the definition of ' departmental candidate' in rule 2 (f) of the old rules of 1963 is also the sams with the difference that such a candidate could be one who held any of the posts .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Oct-30-1973
Reported in : AIR1974SC111; (1974)1SCC11; 2SCR116
..... in dispute which was awarded in favour of the respondent has become inexecutable because of the coming into force of the act. it would, therefore, be necessary to refer to the relevant provisions of the act. section 2 contains the definitions. according to section 2(7), 'hereditary patelship' means every village office of a revenue or police patel held hereditarily under the existing watan law ..... in respect of such patel watan has or has not been effected. 'unauthorised holder' has been defined in section 2(14) to mean a person in possession of a watan land without any right or under a lease, mortgage, sale, gift or any other kind of transfer thereof, ..... the settlement of boundaries or other matters of civil administration of a village and includes such office even where the services originally appertaining to it have ceased to be demanded. section 2(11) defines 'patel watan' to mean a watan held under the existing watan law for the performance of duties appertaining to the hereditary patelship whether any commutation settlement ..... the bombay land revenue code applicable to disposal of unoccupied unalienated land. section 22 contains the saving clause and reads as under :22. nothing contained in this act shall affect(i) any obligation or liability already incurred under an incident of a patel watan before the appointed day, or(ii) any proceeding or remedy in respect of such obligation or liability, .....Tag this Judgment!
Court : Allahabad
Decided on : Apr-13-1973
Reported in : AIR1973All596
..... of arbitration. a question arose whether a letters patent appeal against the judgment of a single judge of the high court was maintainable or the provisions of sub-section (2) of section 39 of the arbitration act were a bar to the entertainment by the high court of an appeal against the order of a single judge. whether letters patent appeal fell within the ..... an institution. organization is the action of putting into systematic form, or arranging or connecting parts into a systematic whole. organization also conveys the meaning of systematic arrangement for a definite purpose. in the words and phrases. permanent edition, 'organization' has been defined on the basis of certain american decisions as an arrangement of parties and in reference to the organization ..... of and exercise of the same by the high courts under the said act or the indian councils act, 1861. both these acts, besides the government of india act, 1858 and many other acts were repealed by the government of india act, 1915. the later act was amended by (amendment) acts of 1916 and 1919. the act of 1915, even as amended, did not confer any power on the local ..... adding to the number of rulings. 152. subsequent to the coming into force of the government of india act, 1915 and prior to the enforcement of the government of india act. 1935, the patna high court was established by letters patent dated feb. 9, 1916, the lahore high court by letters patent dated march 21, 1919 and the nagpur high court by letters .....Tag this Judgment!
Court : Orissa
Decided on : Apr-02-1973
Reported in : AIR1974Ori130
..... with mr. dasgupta's objection that in the absence of clear disposition of property. ext. 1 cannot be considered to be a will. under section 2(h) of the succession act, the term ''will' has been defined as 'the legal declaration of the intention of a testator with respect to his property which he desires ..... would be appropriate, on our finding regarding the will to grant letters of administration with the will annexed to the legatee as provided under section 232 of the succession act.11. we would, accordingly allow the appeal, set aside the judgment and decree of the learned subordinate judge and direct that letters of ..... (legatee) to obtain the testator's share through court if need be.as we find, the intention to execute a will was manifest. section 74 of the succession act provides:--'it is not necessary that any technical words or terms of art -- be used in a will, but only that the wording be ..... fallen out with gangadhar. he came to live with the appellant and his father. he was well looked after with devotion and care and given medical treatment throughout the period of his illness. out of satisfaction and gratitude and having no other person in the world to care for and benefit, ..... being the appointed executor under the will.6. since an undivided interest can also be the subject-matter of a testamentary disposition under the hindu succession act. it is not necessary to deal with the evidence of partition. while considering the case of probate the court is to be satisfied that the .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jan-19-1973
Reported in : AIR1973SC1104; 43CompCas382(SC); (1973)1SCC602; 3SCR364
..... the reserve bank deputed shri amrit lal bhatia to inspect the records and the working of the bank and to submit a report under the proviso to sub-section (2) of section 37 of the act. this report, submitted on 13-1-1955 (a-4), disclosed a deplorable state of accounts which contained a number of false and fraudulent entries, want of supervision by ..... to the interests of its depositors. the reserve bank of india, therefore, proposes to give it a notice in writing in terms of the first proviso to sub-section (2) of section 22 of the act that a licence to carry on banking business in india cannot be granted to it. the bank was given an opportunity to make a representation against the report ..... to be the total loss to the company due to the misfeasance of the board, as a whole, after all the directors had had clear and definite notice of the irregularities committed in the management of the bank from the reserve bank's first report, although the division bench had itself held that the total loss covered ..... addition, one or two other general propositions that seem to be warranted by the reported cases: (1) a director need not exhibit in the performance of his duties a greater degree of skill than may reasonably be expected from a person of his knowledge and experience. a director of a life insurance company for instance, does not guarantee that he has .....Tag this Judgment!
Court : Chennai
Decided on : Jul-19-1973
Reported in : 102ITR83(Mad)
..... the question was whether the income was exempt under section 4(3)(vii) of the act. it was held that the transaction in question comes within the definition of 'business' under section 2(4) of the act and, therefore, not exempt under section 4(3)(vii) of the act. in coming to this conclusion the learned judges ..... by the assessee, paterson, in the exercise of his profession as an architect to his client, binny & co.22. the absence of any definite stipulation and absence of any expectation of reward are also not inconsistent with the taxability of the amount. it is also important to remember that ..... income ' although if the payments were not made the enforcement thereof cannot be insisted upon. these payments constitute 'income' because they are referable to a definite source, which is the office, profession, vocation or occupation. it could, therefore, be said that such a voluntary payment is taxable as having an origin ..... becoming more and more the province of quantity surveyors.'8. we are unable to agree with the learned counsel that this definition in any way suggests that an architect cannot within the scope of his profession, perform any service to his clients in the matter of ..... his business, reasonably be asked to carry out or in respect of which he offers his services as a specialist. architects profess in varying degrees to have the knowledge necessary to estimate the probable cost of works to be done and the value of works executed, but this knowledge is .....Tag this Judgment!