Court : Chennai
Decided on : Mar-26-1953
Reported in : AIR1954Mad126; (1953)IIMLJ303
..... registrar of tinnevelly. it was claimed that the recitals regarding the consideration in the othi deed were all false. there was an earlier criminal case against defendants 1 and 3 and also the power-of-attorney agent sivasubram-ania ayyar but that case was dismissed. the document was also attacked on the ground that it was not validly attested.2. defendant 3 died ..... amending act (act 27 or 1926) and as some doubt was felt under that amending act whether the act could be retrospective or not, a further amendment was made by the repealing and amending act of 1927 which inserted the words 'and shall be deemed always to have meant' to clearly indicate ..... executant, it was held, was not sufficient. the privy council, therefore, by this decision resolved the conflict, which then existed in the indian courts. in the transfer of property act as it stood before the amendment, there was no definition of the word 'attestation'. a definition of the word 'attested' was for the first time introduced by the transfer of property ..... that the definition in the amending act of 1926 was retrospective in operation. the definition as it now stands .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Dec-17-1953
Reported in : AIR1954SC92; (1954)IMLJ314(SC); 1SCR587
..... a greater freedom of action to the american courts in accommodation and adjusting, on what may seem to them a just basis, the conflicting demands of police power and the constitutional prohibition of the fifth amendment. under the constitution of india, however, such questions must be determined with reference to the expression 'taken possession of or acquired' as interpreted above, namely, ..... be regulated to a certain extend, if regulation goes too far, it will be recognised as taking.' the vague and expansive doctrine of 'police power' and the use of the term 'taken' in the fifth amendment construed in a very wide sense so as to cover any injury or damage to property, coupled with the equally vague and expansive concept of ..... could be no necessity for exempting laws imposing taxes from the operation of article 31(2) which embodies only the doctrine of eminent domain. further, the police power, like the power of taxation and the power of eminent domain, is an attribute of sovereignty itself. it is, as professor willis calls it. 'the offspring of political necessity'. this coercive legal capacity is ..... court based its conclusions on three things, namely, (i) the retrospective operation of the impugned section, (ii) the absence of any provision for the abatement of the purchase price and (iii) the failure of the state to show any reason why the impugned section was introduced into the amending act. the learned attorney-general submits that the first two elements taken into consideration .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Dec-18-1953
Reported in : AIR1954SC119; (1954)56BOMLR681; 24CompCas103(SC); (1954)IMLJ355(SC); 1SCR674
..... to solve it the government on the 5th october, 1949, appointed a controller to supervise the affairs of the mills under the essential supplies emergency powers act, 1946. on the 9th november, 1949, the controller in order to resolve the deadlock decided to call in more capital and he asked the ..... company has been taken possession of by the state through directors who have been appointed by the state in exercise of the powers conferred by the ordinance and the act and who are under the direction and control of the state and this has been done without payment of any compensation.' 70 ..... the authority of the decision in massachusetts v. mellon 262 u.s. 447., and is in these terms : 'we have no power per se to review and annual acts of congress on the ground that they are unconstitutional. that question may be considered only when the justification for some direct injury suffered or ..... our constitution was no as large as it was contained in the fifth amendment of the constitution of the united states of america. according to the learned attorney-general, the true content of the fundamental right guaranteed by article 31(1) was that a person could not be deprived of his property except ..... company has been taken possession of by the state through directors who have been appointed by the state in exercise of the powers conferred by the ordinance and the act and who are under the direction and control of the state and this has been done without payment of any compensation.................... here .....Tag this Judgment!
Court : Himachal Pradesh
Decided on : Aug-21-1953
Reported in : AIR1954HP52
..... in form and did not confer the special authority to sign the statement required by the second paragraph of sub-section (1) of section 58 of the partnership act, and, further, that it was open to him to show that the power-of-attorney was imperfect. it will be sufficient to show that it was not open to the learned counsel to contend that ..... ram v. raghubir chand', air 1952 him- p. 60 (b), that since the passing of the said 1949 act, i.e., since 1-1-1950 court-fee was payable in this state under the court-fees act as originally passed in 1870 unaffected by any future amendments. the learned counsel for the appellant relied upon this decision.since then fees have no doubt been raised under ..... . 15,335/14/3 and paid the said court-fee on that figure. he did so according to the rates as amended by the punjab court fees (amendment) acts of 1922, 1926 and 1939.it was subject to these amendments that the court-fees act (vii of 1870) was applied to himachal pradesh under the himachal pradesh (application of laws) order, 1948, which came into ..... the court-pees (himachal pradesh amendment) act, 1953, which came into force since 1-1-1953 under this state's revenue department notification no. r.1-41/51, dated 11-12-1952, published at p. 1217 of part iii, section 3 of the gazette of india. but as .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Oct-12-1953
Reported in : AIR1955P& H65; 1955CriLJ609
..... . tirath das sehgal was conferred on him by the notification of the 6-11-1952 issued under the provisions of clause (2) of section 6, criminal law amendment act. that notification issued under statutory powers was the basis of the jurisdiction of mr. tirath das sehgal and his exercise of jurisdiction had nothing to do with his getting the jurisdiction. the exercise of ..... to somebody's notice that cases cannot be transferred by the sessions judge to the additional sessions judge. under section 7, clause (2), criminal law amendment' act, it is provided that every offence specified in sub-section (1) of section 6 shall be tried by the special judge for the area within which it was committed, or where there are more special judges ..... fundamental importance', but has not always been sufficiently recognised. that the distinction is well-founded is manifest from cases of high authority. thus, in -- 'pisani v. attorney-general for gibraltar', (1874) 5 pc 516 (i), their lordships of the judicial committee held that, where there is jurisdiction over the subject-matter, but non-compliance with the procedure prescribed as essential for the ..... under section 161, indian penal code only, while there were two charges framed against the accused--one under section 161, indian penal code and another under section 5(1)(d), prevention of corruption act, in my opinion there is no 'substance in this objection'. the two sections in certain respects overlap and the sanction, even if it be granted for the sake .....Tag this Judgment!
Court : Kolkata
Decided on : Jul-30-1953
Reported in : (1954)ILLJ629Cal
..... proceedings before a labour court. in the case of proceedings before a tribunal, a party to a dispute could always be represented by a legal practitioner under the old act, but after the amendment, it can only be done with the consent of the other parties to the proceeding and with the leave of the tribunal. this procedure may be compared with ..... wished to get round the provisions of section 33(3) by shedding his gown and obtaining a power of-attorney from the party. this was not permitted. the tribunal proceeded upon the footing that to permit this would be to circumvent the provisions of the act itself. if the appellate tribunal intended to hold that under no circumstances could a party be represented ..... be the case if the party was an individual. these principles would apply equally in the case of appearance before a tribunal under section 36(4) of the industrial disputes act, 1947. i have already pointed out that after the amendment in 1950, there is virtually no difference between that provision and section 33(3) of the industrial disputes (appellate tribunal ..... ) act, 1950. it is true that we must give effect to the intention of the legislature in construing an act, but it is not permissible to enter into fanciful dissertations of social philosophy in discovering .....Tag this Judgment!
Court : Karnataka
Decided on : Mar-30-1953
Reported in : AIR1953Kant156; AIR1953Mys156; ILR1953KAR440; (1954)32MysLJ12
..... law. 35 mys c. c. r. 396 ', lays down that the high court had no power to review its former judgment in a criminal case by virtue of section 369, criminal p. c. as amended by act 6 of 1927. as there is a clear bar to review provided by that section that decision may ..... impugned in this case and that the effect of those sections is that the government can always and at any time lawfully cancel, alter or amend its previous orders. it is to be observed that under section 233 the rules and orders cannot be inconsistent with the land revenue code and ..... general rules or orders made by the government under section 233 being published and when published having the force of law till they are cancelled or amended. it is urged by the learned advocate-general that the order contemplated by sections 233 and 234 is such order as is sought to be ..... superintendence over all courts and tribunals throughout the territories in relation to which it exercises jurisdiction is any distinction mentioned about superior and inferior tribunals, and i think it unnecessary for the purpose of deciding this matter to hold that the government is an inferior tribunal. so long as, and whenever it ..... would lead to the absurd and scandalous result that that officer, who was to act under the superintendence of the attorney-general, might not only overrule the latter, but also the queen's bench division in the exercise of their power to give leave to file such information.'there is considerable force in this contention. .....Tag this Judgment!
Court : Supreme Court of India
Decided on : May-29-1953
Reported in : AIR1953SC375; 20(1954)CLT1(SC); 1SCR1
..... section 177 as sub-section (2) of that section, the original section being renumbered as sub-section (1). section 168-a of the amended act runs as follows :- '(1) notwithstanding anything contained in this act the provincial government may, on being satisfied that the exercise of the powers hereinafter mentioned is necessary in the interests of public order or of the local welfare or that the ..... is the result of such investigation and not the form alone that will determine as to whether or not it relates to a subject which is within the power of the legislative authority (vide attorney-general for ontario v. reciprocal insurers and others,  a.c. 328at 337.). for the purpose of this investigation the court could certainly examine the effect of ..... raiyats is in any way illegal. the grievance of the appellants in substance is that the machinery of the amended act is being utilised by the government for the purpose of deflating the gross asset of an estate. we agree with the learned attorney-general that if the appellants are right in their contention, they can raise these objections if and when the ..... the legislation and take into consideration its object, purpose or design (vide attorney-general for alberla v. attorney-general for canada,  a.c. 117 at 130.). but these are only relevant for the purpose of ascertaining the true character and substance of the enactment and .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-15-1953
..... plan report for the glendo unit dated december 1952, for the purpose of creating a head for the development of water power." "(c) paragraph iii of the decree is amended to read as follows:" "iii. the state of wyoming, its officers, attorneys, agents and employees, be and they are hereby severally enjoined from storing or permitting the storage of water in pathfinder, guernsey ..... the decree: "xvi. whatever claims or defenses the parties or any of them may have in respect to the application, page 345 u. s. 982 interpretation or construction of the act of august 9, 1937, 50 stat. 564-595, shall be determined without prejudice to any party arising because of any development of the kendrick project occurring subsequent to october ..... approved; and it is ordered that the decree of october 8, 1945, is hereby modified and supplemented as follows: 1. in paragraph i(a) of the decree the figure "145,000" is substituted for the figure "135,000." 2. paragraph xiii is amended by striking the first sentence and substituting for it the following: "any of the parties may apply at the foot ..... 1, 1951." "xvii. when the glendo dam and reservoir are constructed, the following provisions shall be effective:" "(a) the construction and operation of the glendo project shall not impose any demand .....Tag this Judgment!
Court : US Supreme Court
Decided on : Feb-09-1953
..... york, charging that his detention was arbitrary and capricious and a denial of due process of law in violation of the fifth amendment to the constitution of the united states. purporting to act under 8 cfr 175.57(b), the attorney general directed that petitioner be denied a hearing before a board of special inquiry and that his "temporary exclusion be made ..... justice burton delivered the opinion of the court. a preliminary consideration that is helpful to the solution of this litigation is whether, under 8 cfr 175.57(b), [ footnote 1 ] the attorney general has authority to deny to a lawful permanent resident of the united states, page 344 u. s. 592 who is an alien continuously residing and physically present therein, the ..... extending constitutional protections beyond the citizenry, the court has been at pains to point out that it was the alien's presence within its territorial jurisdiction that gave the judiciary power to act." id. at 339 u. s. 771 . that case related to nonresident enemy aliens who had never been in the united states, rather than to a lawful permanent resident ..... existing statutory and administrative provisions for "exclusion without hearing" are discussed in the report of the president's commission on immigration and naturalization entitled "whom we shall welcome" dated january 1, 1953 at 228-231. the discussion treats the provisions as applicable to entrant and reentrant aliens, but does not even suggest that they are applicable to aliens lawfully admitted to .....Tag this Judgment!