Court : Rajasthan
Decided on : Mar-11-1960
Reported in : AIR1960Raj313
..... transaction was for the benefit of the estate inasmuch as the house was in a dilapidated condition and that the defendants had received a notice from the municipality to pull it down. it seems that the learned judges were treating the terms 'legal necessity' and 'benefit of the estate' as interchangeable, ..... protection of tenants from ejectment from their holdings as else for regulating the produce rent and that there was an intention to purchase land in the punjab, and, therefore, the impugned sale was protected by the principle of the benefit of estate as interpreted above and docs not deserve to be ..... the ground that certain legislation had come into force in the shape of the rajasthan (protection of tenants) ordinance and the rajasthan produce rents regulating act, and, therefore, daulatram had become apprehensive of his rights with respect to the land in question and thought that he might altogether lose it or ..... , he is bound to see to the application of the money ..... their lordships do not think that a bonafide creditor should suffer when he has acted honestly and with due caution, but is himself deceived'.8. the above case, among others, was considered by their lordships of the privy council in ..... knew that the rajasthan (protection of tenants) ordinance, 1949 (no. ix of 1949) had come into force and so also the rajasthan produce rents regulating act, 1951 (no. xv of 1951), and, he was, therefore, under an apprehension that he might lose all his rights with respect to the suit .....Tag this Judgment!
Court : Kerala
Decided on : Aug-31-1960
Reported in : (1961)ILLJ260Ker
..... not of the secretary to government who has only communicated the same by ex.p.1 to the petitioner.29. in n. balaraju v. hyderabad municipal corporation : air1960ap234 it was held that any order passed by any minister shall be deemed to have been made by the governor on the advice ..... within the meaning of article 311(2) of the constitution.14. the observations of weston, c.j., and falshaw, j., in an unreported case of the punjab high court in c.w. no. 110 of 1951 have been, quoted in venkateswarlu v. state of madras 1954 i l.l.j. 474 at 479 ..... standstill.i agree that every executive decision need not be formally expressed and this is particularly so when one superior officer directs his subordinate to act or forbear from acting in a particular way, but when the executive decision affects an outsider or is required to be officially notified or to be communicated, ..... scrutinize any decision of a minister and require it to be laid before the council of ministers for their consideration. the whole looks as if the governor acts through his authorized agents, the ministers.26. in this connexion the following observation of the supreme court will be very pertinent.27. in dattatraya moreshwar v ..... (classification, control and appeal) rules, 1960, place the petitioner under suspension, is the government of kerala; but ex. p. 1 order is only the act of a secretary to government who cannot be identified with the government; and,(3) as per the rule, suspension pending enquiry can be ordered only if it .....Tag this Judgment!
Court : Rajasthan
Decided on : Mar-29-1960
Reported in : 12STC367(Raj)
..... the end laid an emphasis upon income-tax officer, jullundur v. the state  18 i.t.r. 688 a full bench decision of the punjab high court, where emperor v. osman chotani  10 i.t.r. 429 was dissented from. weston, c.j., with whom the three other ..... to facilitate investigation. kapur, j., however, in his concurring judgment, after referring to some english decisions interpreting section 17 of the agricultural marketing act of 1931 observed that in the english case, a prohibition against production in court was implied from the fact that the disclosure was made a ..... to obtain copies and, therefore, certified copies in their hands having been unlawfully issued are inadmissible; (2) section 54 of the income-tax act makes the issue of such copies unlawful and makes the disclosure of any particulars contained in the returns an offence punishable with six months' imprisonment ..... that the legislature provided a prohibition against the courts for compelling the production of the documents and specifically rendered the provisions of the evidence act in this connection ineffective. a proper understanding of the implications of this later part thus lends a clear support to the view that ..... to produce the documents specified in the earlier part. in connection with this part, an expression, 'notwithstanding anything contained in the indian evidence act no. 1 of 1872' has been introduced. the omission of any similar expression in the earlier part is consequently very significant and material and .....Tag this Judgment!
Court : Supreme Court of India
Decided on : May-06-1960
Reported in : AIR1960SC1118; 3SCR975
..... probability. the fact that the great majority of judges, who brought to bear on the question, an intimate knowledge of the ways and habits of the punjab peasantry thought that when tribesmen were asked about succession to property, they would ordinarily think that they were being asked about succession to ancestral property, is entitled ..... regards non-ancestral property. he held, therefore, agreeing with the trial judge that as regards the non-ancestral property the deed of gift was merely an act of acceleration of succession and was, therefore, valid and binding. the appeal was accordingly dismissed and so also were the cross-objections which appear not to have ..... taken including the three cases of jatan v. jiwan singh a.i.r. 1933 lah. 553 ishar kaur v. raja singh (1911) 9 i.c. 608 and pratap singh v. panjabu (1911) 13 i.c. 177 and gave their own reasons why the view that unless there are clear indications to the contrary the ..... , j., who delivered the leading judgment said that the full bench, though noticing the cases of ishar kaur v. raja singh (1911) 9 i.c. 608 and pratap singh v. panjabu (1911) 13 i.c. 177 had not said that those cases had been wrongly decided. it has to be noticed that the full ..... . in coming to this conclusion they laid stress on the fact that in two previous decisions, ishar kuar v. raja singh (1911) 9 i.c. 608 and pratap singh v. panjabu (1911) 13 i.c. 177 the questions and answers in the riwaj-i-am as regards daughter's right to succession were interpreted .....Tag this Judgment!
Court : US Supreme Court
Decided on : Mar-21-1960
..... n. (a): "[congress being in session when the decision of the court in the case of carey v. curtis, 3 how. 236, was made, the following act [the act of feb. 26, 1845] was passed.]" [ footnote 2/8 ] the court recognized that internal revenue collectors, like customs collectors, were required to pay daily into ..... s. 28 (1915), to have included jurisdiction over suits for tax refunds, as claims "founded upon" the internal revenue laws. the general language of that act, the tucker act, was most evidently not intended to, and did not, impose any new conditions upon the preexisting right to sue (the collector) for the refund of taxes ..... that source." city of philadelphia v. the collector, 5 wall. at 72 u. s. 733 . [ footnote 2/9 ] act of march 3, 1911, c. 231, 24, 36 stat. 1093. the monetary limitation was entirely eliminated in 1954. act of july 30, 1954, c. 648, 1, 68 stat. 589. [ footnote 2/10 ] the gist of 1346(a) ..... footnote 2/10 ] with which we are now concerned, first appeared in the jurisdictional statute in 1921, as part of the revenue act of 1921, c. 136, 1310(c), 42 stat. 311. the ..... illegally collected, save for a monetary limit of $1,000, which was increased to $10,000 in 1911. [ footnote 2/9 ] the gist of 1346(a), [ .....Tag this Judgment!
Court : Kerala
Decided on : Nov-02-1960
Reported in : AIR1961Ker186
..... pembroke; on the respondent's application, and christ church; in 1906 in appleby; in 1910, in denbigshire boroughs and north lansdale; in 1911 in chippenham, mile end, gloucester, west st. pancras, exeter and west bromwich, and in many municipal and other election petitions....'the position is not differently stated in halsbury's laws of england, third edition, vol. 14, paragraph 559, p ..... petition seeking not only to invalidate the appellant's election under section 100, but to get himself declared as duly elected, under section 101, of the representation of the people act, 1951.that petition is being inquired into by the election tribunal, trichur, and the proceedings are still at the initial stages. earlier to the application, on which the order challenged .....Tag this Judgment!
Court : Kolkata
Decided on : Jul-01-1960
Reported in : AIR1961Cal1,65CWN361,(1961)IILLJ312Cal
..... he has cited other authorities of qudratullah v. n. w. f. province ; veeraswami v. province of madras air 1948 mad 379; lakshmi narayan gupta v. a. n. puri, : air1954cal335 and punjab state v. bhagat singh, (s) air 1955 punj 118 at p. 122. 54. the question now in india has to be judged not only on the expressions 'adequate opportunity' and ..... and 644, -- where incidentally, representation by solicitor appears to have been allowed, -- containing, inter alia lord atkin's celebrated comment on lord loveburn l. c's oft-quoted dictum in (1911) ac 179 at p. 182, developed or attempted to be developed in (1915) ac 120 at p. 132 (to justify my view of natural justice, not only on this particular ..... ' which represents the substance of the rule, being, as so representing, the synonym of 'reasonable opportunity', as used in the constitution article 311(2) -- and the preceding government of india act, 1935 (section 240(3)), -- at the initial or the actual proceeding stage of the enquiry vide : (1959)illj167sc , where their lordships made the following significant observation:'in short, the ..... reviewed in future. where two procedures' are available, one that denies the public servant effective protection by testimonial compulsion, summons for compelling witnesses and documents, and by excluding the evidence act is applied to prejudice him in preference to the other procedure which does not create such handicaps, raises serious question of discrimination, and violation of equality before the law and .....Tag this Judgment!