Court : Kolkata
Reported in : AIR1963Cal614
..... revenue. agent. the advocates act, 1961 as the preamble indicates, aims at amending and consolidating the law relating to legal practitioners and provides that after the whole act comes into force there will be recognised only one class of persons entitled to practise the profession of law namely advocates (section 29 of the act) and prescribes the qualifications of such persons, the procedure for their ..... the only existing licence the appellants had when the amending statute was passed was one for two years expiring in august, 1889. they had a privilege to get an extension for one year under section 95, but had no accrued right, and the object of the legislation of 1889 was to get rid of licences and substitute leases. ..... 37 with framing of regulations about examinations and appointment of examiners.22. reference to the civil rules and orderspublished under the authority of the high courtand contained in volume i. part viii chapter 38,shows that elaborate provisions have been madetherein relating to the qualifications, admissionand enrolment of the legal practitioners. rules 816to 820 find place under the ..... lay down conditions of practice and disabilities attached thereto and certain miscellaneous matters.23. it is therefore evident that the extent ofrepeal which is effected by section 50(2) clauses (a) and(d) of the advocates act, 1961, is, that certain provisions of the legal practitioners act and of anyother law which relate to admission and enrolmentof legal practitioners, are put .....Tag this Judgment!
Court : Andhra Pradesh
..... is no such prohibition it will have to be seen whether an act is intended to have a more extensive operation as a matter of public policy. in halsburys laws of england,. volume 8, third edition it is stated in paragraph 248 at page 143: as a general rule, any person can enter into a binding contract to waive the benefits conferred upon him ..... regard to the above matters.22. keeping in view the statement of objects and reasons, we would now like to have a glance at the scheme of the esi act. the preamble of this act states that it was introduced to provide for certain benefits to employees in case of maternity and employment injury and to make provisions for certain other matters in relation ..... the learned chief justice is whether the parties are entitled to contract out of the beneficial provisions of employees state insurance act, 1948 (for short the esi act).2. the factual matrix, that occasioned the reference, is as under:- 2.1 the first civil miscellaneous appeal (no.3092 of 1998) was filed by m/s.microraj electronics private limited against the employees state insurance corporation ..... is the interest of others than the parties and that interest is not to be at the mercy of the party alone.20. the esi act is a beneficial legislation. the main purpose of the enactment, as the preamble suggests, is to provide for certain benefits to employees of a factory in case of sickness, maternity and employment injury and to make provision .....Tag this Judgment!
Court : Gujarat
Reported in : AIR1962Guj128; (1962)0GLR269
..... opinion that judicial precedents are within the extensive ambit of section 87 of the act.'the term 'law'' is a term of wide import in the english language. its use is not confined to codified law or enacted law. we have personal law, customary law, case law, moral law, natural law and the law of nations or international law in various stages of development. some such laws have, binding force, others have none. ..... all intended that there should be a sudden change in the laws which were prevailing in the territories now assigned to gujarat. i have locked into the articles of the constitution, the preamble of the act, all the provisions relating to the high court and the provisions incorporated in the chapter headed 'legal and miscellaneous provisions', in vain, to find an intention of the ..... the said high courts.'our attention was also called to a decision of the mysore high court in the case of basappa v. state reported in air 1959 mysore 1 (fb). under the states reorganisation act, 1956, me new state of mysore had been formed out of the territories of four different states. it was held in that case that the new ..... until the matter comes before the reliant high court, the high courts created in these three territories are separate and independent. the mysore high court took this view in air 1959 mys 1 (fb). therefore, that high court immediately after its establishment did not have precedents which could have guided its subordinate courts. the result of this is that, whereas a .....Tag this Judgment!
Court : Gujarat
Reported in : AIR1990Guj105; 73CompCas209(Guj); (1985)1GLR57; (1990)1GLR628; (1990)1GLR628
..... chemical industries v. union of india  55 fjr 283; air 1979 sc 1803, the supreme court considered the validity of section 14b of the employees' provident funds and miscellaneous provisions act, 1952. there, the order of the provident fund commissioner imposing damages was not subjected to appeal. in that case, the supreme court observed that absence of guidelines or appeal is ..... of a power should be gatherable from one of the provisions in the act. it can be gathered from the circumstances that led to the enactment of the law in question, i.e., the mischief that was intended to be remedied, the preamble to the act or even from the scheme of the act.' 41. in the case of manohar lal bhogilal shah v. state of ..... natural justice, no fair play and this unreasonable provision enables the respondent-corporation to take possession and transfer the industrial concern at any price without following any procedure to any person and, therefore, this provision is utterly arbitrary, unreasonable and violative of articles 14, 19, 21 and 300a of the constitution. 4. secondly, it is contended that covering the same field ..... of the dues that special privileges have been conferred upon the corporation. it is submitted that section 29 of the act is not a remedy but merely a right and an extension of the principle of section 69 of the transfer of property act with a view to help industrial growth of medium and small scale industries. it is submitted that section 69 .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1978Bom119; (1977)79BOMLR499
..... was added viz. clause (iv) in the inclusive part of the definition of 'forest' in section 2(c-1). apart from these amendments made in the definition section of the parent act, the preamble and section 4 and 5 of the parent act were also extensively amended. . when the matter was taken up for hearing by deshmukh j., counsel appearing for the state requested the ..... them their petitions have been placed for hearing along with the above petitions for decision of common questions only. similarly, several miscellaneous petitions are pending on the original side the petitioners in which are interested in the common questions of law that arise before us and hence on an application being made on their behalf to intervene they have been permitted to ..... freely. the acquisition of the forest produce under the impugned provision hits the forest owners and contractors (having interest in the produce) in their capacity as owners or as persons having proprietary interest in the produce and not as traders and as such the effect of the acquisition on their trade is secondary and mediate and not direct or immediate ..... for sale required permission/approval of the collector under s. 5 of the maharashtra sale of trees by occupants belonging to scheduled tribes (regulation) act, 1959 being act no. 23 of 1969 (hereinafter referred to as-i the 'scheduled tribes act') under which the collector had to be satisfied that the agreement for sale was voluntary and the price, as determined on valuation, was reasonable .....Tag this Judgment!
Court : Mumbai
Reported in : 1993(1)BomCR465
..... contention is that regard being had to the extension act read with the provisions of the general clauses act all corresponding provisions existing prior to that date stand repealed and that the corresponding provisions need not be identical. it is then pointed out as the preamble itself suggests the indian easements act is an act which defines the law relating to easements and licences and does not ..... . at the same time, the petitioners also instituted an appeal to the district court against the same order complaining about the direction for reservation of one metre wide access, vide miscellaneous civil appeal no. 131 of 1987. the petitioners however felt that despite dismissal of the plaintiffs' application for temporary injunction, the direction to them to keep an opening of one ..... right which the owner or occupier of certain land possesses for the beneficial enjoyment of the land. it is therefore clear that consumption of water for domestic use by the person residing in property can by no stretch of imagination be said to be a requirement for the beneficial enjoyment of dominant property. if any authority is needed at this stage ..... the decision of harisadha de and others v. radhika prasad pandit and others, reported in : air1938cal202 .in the decision of salina jitendra lal v. ram charan, reported in a.i.r. 1959 pat. 47, it is observed that the question that merely because a land was fallow and not cultivated for some time and that there was a user of a pathway .....Tag this Judgment!
Court : Gujarat
Reported in : (1984)2GLR1244
..... associate is inherent content of the right to associate under article 19(1)(c) any provision, as in the nature of section 24 (1), investing the right of admission in any person duly qualified under the act, the rules and the bye-laws of the society, unless there is sufficient cause for refusing the ..... power is not exercised contrary to such guideline.re: section 80-a:80. this is a new insertion in the principal act after section 80. it provides for extension of term of nominated committee or appointment of custodian. the power is an enabling power only in order to provide for ..... r.s. joshi v. ajit mills : 1scr338 the supreme court was concerned with the validity of sections 37(1) and 46(2) of the bombay sales tax act, 1959 which enacted that sums collected by dealers by way of sales-tax though not exigible shall be forfeited to public exchequer on ..... voting powers.(b) amalgamation.(c) managing committee.(d) control.(e) miscellaneous.(a) membership and voting powers:the two sections which have been materially altered in this behalf are sections 22 and 24. by section 3 of the impugned act of 1982, the membership is made open to the local authority or ..... societies act, 1925. as contra-distinguished with the act of 1912 which was restricted in its operation to agriculturists, artisans and persons of limited means, the bombay act of 1925 was extended to all the persons having common economic needs irrespective of the needs being limited or otherwise. the preamble to 1925 act recited .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1980SC1682; (1980)4SCC179; 3SCR1042
..... vi contains provisions governing the payments of amounts to be made by the commissioner of payments and the last chapter, chapter vii, contains miscellaneous provisions.38. we have already set out the provisions of the nationalisation amendment act in extenso, a little before enumerating the various points made out by shri seervai during the course of his argument it will now be ..... )(a) introduced by the nationalisation amendment act, it is contended, prohibits persons other than those mentioned in clauses (i) to (iii) from carrying on coal mining operation in any form. if a person holding a composite lease can do fireclay mining without mining coal, he may do so; otherwise section 3(3) (a) is the authority of law to prevent him from mining fireclay. in ..... rights of lease-holders and continuing to run the mines. on the contrary, the nationalisation amendment act is manifestly in furtherance of the object of nationalisation mentioned in the preamble to the parent act and effectuates the purpose, mentioned in sections 3(i) and 3(2) of that act by the addition of a new sub-section, sub-section (3), which terminates all coal mining ..... to section 3 and the title of chapter ii of the nationalisation act are not amended by the nationalisation amendment act, despite the addition of a new sub-section, is of little or no consequence. that sub-section is a logical extension of the scheme envisaged by the original sub-sections (1) and (2) of section 3. besides, marginal notes to the sections of .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : AIR1952P& H400
..... section 39 deals with encouragement of settlements between debtors and creditors.12. then follows chapter iv, sections 40 to 42 of which deal with appeals.13. chapter v is headed 'miscellaneous'. section 44 bars a second application under section 5 when the first has been dismissed. section 47 provides that where a displaced debtor has not mentioned in the relevant schedule ..... persons (debts adjustment) act, 1951, is an addition to the general substantive law or is a provision enforceable only by the tribunal appointed under the act holding debt adjustment proceedings under chapter ii of the act in which section 17 finds place?'4. for decision of this question some consideration of the scheme of the act is necessary. the preamble of the act recites that it is an act ..... the transfer of immoveable property during the pendency of the proceedings before the tribunal.section 16 is headed 'debts secured on immoveable property'. it is a lengthy section. clause (1) provides that in case of such debts the tribunal may require the creditor to elect either to retain the security or to be treated as an unsecured creditor. clause (2 ..... payment by instalments, variations, of maintenance allowances, & taxation of lawyer's fees. section 36 provides for extension of the period of limitation and provides that any suit or other legal proceeding in respect of which the period of limitation was extended by act xlvii of 1948 and any suit or other legal proceedings for the enforcement of a claim against an .....Tag this Judgment!
Court : Chennai
Reported in : AIR1984Mad379
..... abuse descretion or the exercise of discretion with arbitrariness, unreasonableness' discrimination, that act will have to be struck down and not the rule.10. 'here, it is patent that regulation 15 lays down that a monogamist alone could be in service. this is the rule even thougli' the personal law may permit a second marriage while the first wife is living. the iexpression ..... . in organo chemical industries v. union of india, air 1979 sc 1803, while opining that the power under s. 14(b) of the employees' provident funds and miscellaneous provisions act 1952 is not unguided, the reasons there for have been expressed in paras 9, 10 and 11 of the judgment and- they run as follows -'nor is the plea of ..... , flowing there out, of sobriety, public order, individual health, family welfare, curbing of violence and tension, restoration of the addict's mental, moral and physical personality and interdict on impoverishment, in various degrees, compounded. we have extensively quoted supportive literature; and regulation of alcohol per se furnishes a definite guideline. if the section or the rule intended to combat an evil is ..... may be 9pun out from a single phrase. what is not transparent in particularised provisions may be immanent in the preamble, scheme, purpose of such subject matter of the act. what is real is not only the gross but also the subtle, if i may strike a deeper note.'-pages 1806-1807.6. in c. s. t. v. radhakrishnan : 118itr534(sc) , where .....Tag this Judgment!