Court : Andhra Pradesh
Decided on : Oct-30-1962
Reported in : AIR1963AP415
..... it was pointed out that by sub-rule (2) of rule 31 of the general rules, the railway administration seeks to limit ils responsibility as warehousemen to the period from the time of booking of the goods to ..... then claim damages, if subsequently the goods were lost or destroyed by fire.in support of this, reliance is placed on clause (2)of rule 31 of the general rules for acceptance,carriage and delivery of goods which is as follows:'that in respect of goods not removed fromrailway premises at station of ..... or have not arrived at their destination or are otherwise not available for delivery and if the consignee docs not take delivery of such goods forming part of a consignment as are available for delivery, they will be subject to wharfage charges if not removed within the time allowed for removal.'it is ..... respect to these 30 bags which were damaged. the learned judge, after referring to sections 47, 72 and 74a of the indian railways act and rule 31 of the general rules, held that the plaintiff was bound to take delivery of the consigned goods within a reasonable time after the arrival at the destination. ..... ltd. v. east indian rly. co., ii,r 44 all 763: (air 1922 all 514), and observed that when a consignee insists on open delivery, he would be insisting upon something to which he is not, in law, entitled.3. next i am referred to the decision in governor general in council v. firm badri das gauri .....Tag this Judgment!
Court : Kerala
Decided on : Nov-13-1962
Reported in : AIR1963Ker86
..... certain temples built and consecrated by them. men who would not hesitate to rob a priest may still hesitate to commit sacrilege on an object of general religious worship. of these temples, the priests assumed the proprietary wardenship. almost every temple of note had a synod of these priestly wardens. they ..... the brah-mins exclusively to denote their allodial proprietorship and is still used in that sense in courts and cutcherries in travancore, though in other parts of malayalam and in popular parlance in travancore, the term is now universally employed to denote the full proprietary right in tha land of any ..... holdings in the former state of travancore. the nature of pandaravaka lands is explained in the travancore land revenue manual (revised edition), volume ill, part i, page 6, bs follows :'pandaravaka or sirkar lands are lands of which the state is the landlord or the jenmi and whatever rights which ..... provide for the settlement and better administration of certain edavagais'.the objects and reasons refer to all four as edavagais. part of the act applies to the edvagais of poonjar and vanjipuzha and part to the estates of kilimanoor and edapalli.7. it appears that the words 'edavagai' and 'estate' were used as ..... lapsed beforeit was assented to by the president and the assent ofthe president was of no avail to turn it into law. (ii) the act violates the fundamental rights guaranteed to the petitioners under articles 14, 19 and 31 ofthe constitution. (iii) the properties of .....Tag this Judgment!
Court : Karnataka
Decided on : Aug-08-1962
Reported in : 52ITR987(KAR); 52ITR987(Karn)
..... there is any conflict, about which i do not propose to pronounce, between these two provisions, the special provision must prevail as against the general provision. this much appears to me to be absolutely clear. neither the act nor the constitution prohibits double taxation : see cantonment board, poona v. western india theatres ltd. the fact that both the registered firm as well ..... ) or sub-section (4), as the case may be, - (a) in the case of a registered firm, (i) the income-tax payable by the firm itself shall be determined; and (ii) the total income of each partner of the firm, including therein his share of its income, profits and gains of the previous year, shall be assessed and the sum payable ..... )(a) is ultra vires as the same was beyond the legislative competence of parliament when it was enacted in 1956; and (3) section 14(2)(aa) is void as it offends article 14 of the constitution. 2. to appreciate the contentions advanced, it is necessary to mention the material facts. the assessment which is impugned in the present proceedings relate to the ..... takes us to the last contention of sri srinivasan that section 14(2)(aa) of the act is void as it conflicts with the equality clause found in article 14 of the constitution. section 14(2)(aa) has intimate relationship with section 23(5)(a). section 14(2) reads as follow : '14. (2) the tax shall not be payable by an assessee - (a) if a .....Tag this Judgment!
Court : Gujarat
Decided on : Mar-22-1962
Reported in : AIR1963Guj50; (1963)0GLR326
..... the official gazette, and the collector shall cause public notice of the substance of such notification to be given at convenient places in the said locality. (2) thereupon it shall be lawful for any officer, either generally or specially authorized by such government in this behalf, and for his servants and workmen,-- to enter upon and survey and take levels of anyland in ..... been contravened, should be decided not under any preconceived notions, but in the light of the statutory rules and provisions.'while these observations underline the futility of general definitions in this branch of the law, it appears to us that lord loreburn's much quoted statement in board of education v. rice, (1911) a.c. 179 (182) lays down the basic principles ..... the work as such for its own benefit fn accordance with the terms of the agreement which under section 42 would have the same effect as if they formed part of the act. on this decision being pronounced by the supreme court, the petitioners applied that the petition be placed on board for further hearing and the petition was accordingly brought on ..... in wijeyesekera v. festine, (1919) ac g46 : (air 1919 pc 155). of course this decision turned on the provisions of sections 4 and 6 of the acquisition of land ordinance, 1876, which was the law in force in ceylon at the relevant time relating to the acquisition of land, but the principle of this decision must apply equally to the .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Apr-09-1962
Reported in : AIR1962SC1406; 1SCR491
..... by their load capacity and different amounts of tax are payable by each class. part ii of this schedule specified the tax payable by dealers in or manufactures of motor vehicle, which is described as a payment 'for a general licence' dependent upon the number of vehicles which they manufacture or deal in. 201 ..... concerned, is one directly and immediately laid on trade and commerce and also on trade and commerce in movement. in this connection, schedule i and part ii of schedule iv need not be considered for we are dealing with motor vehicles used as integers of trade and commerce. the tax is evidently not ..... recompense for the wear and tear of roads. in armstrong v. the state of victoria [no. 2]  99 cri.l.r. 28, part ii of the commercial goods vehicles act, 1955 (victoria) was challenged. that act required the owner of every commercial vehicle of load capacity exceeding four tons to pay compensation for the wear ..... ) 298 u.s. 238; 80 l.ed. 1160, kidd v. pearson ((1888) 128 u.s. 1; 32 l.ed. 346, welton v. state of mussouri (1876) 91 u.s. 275; 23 l.ed. 347, public utilities commission v. landon (1919) 249 u.s. 236; 63 l.ed. 577. it may be stated ..... 2]  93 cri.l.r. 125. for the present purpose, however, we borrow the following summary, inadequate though it is, from wynes : 'speaking of 'regulation', their honours said that section 92 of course assumed that the transactions protected would be carried out in accordance with the general law; merely because a transaction was a part .....Tag this Judgment!
Court : US Supreme Court
Decided on : Mar-26-1962
..... one of the intervening complaints, the apportionment was "wholly arbitrary, . . . and, indeed, based upon no lawfully pertinent factor whatever." [ footnote 14 ] the appellants claim that no general assembly constituted according to the 1901 act will ..... , in 1961, the house directed the state legislative council to study methods of reapportionment. acts of 1961, h.j.res. no. 65. [ footnote 11 ] twelfth census of the united states, 1900, population (part 1) 39 (1901); (part 2) 202 (1902). [ footnote 12 ] united states census of population:1960, general population characteristics -- tennessee, table 16 (1961). [ footnote 13 ] in the words of ..... legislative decision cannot be said to breach the bulwark against arbitrariness and caprice that the fourteenth amendment affords. certainly, with all due respect, the facile arithmetical argument contained in part ii of my brother clark's separate opinion ( ante, pp. 369 u. s. 253 -258) provides no tenable basis for considering that there has been such a ..... those under which the new states entered the union. [ footnote 4/117 ] colo.const., 1876, art. v, 45, 47; n.d.const., 1889, art. 2, 29, 35; s.d.const., 1889, art. iii, 5; wash.const., 1889, art. ii, 3, 6; utah const., 1895, art. ix, 2, 4; n.m.const., 1911, art. iv, following 41. the colorado and utah .....Tag this Judgment!