Court : Madhya Pradesh
Decided on : Jan-17-1961
Reported in : AIR1961MP282
..... parts of rajasthan. the learned chief justice thus laid emphasis on the statement of bradley, j. that the differentiation in laws besides being on municipal considerations should be with a 'regard to the welfare of all classes within the particular territory or jurisdiction'. the learned chief justice distinguished the ..... and under like circumstances, to resort to them for redress. each state has the right to make political sub-divisions of its territory for municipal purposes, and to regulate their local government. as respects the administration of justice, it may establish one system of courts for cities and another ..... be prohibited by any fair construction of the 14th amendment. it would not be based on any respect of persons or classes, but on municipal considerations alone, and a regard to the welfare of all classes within the particular territory or jurisdiction'.with regard to this passage, the learned ..... the laws of the component states allowed to be continued would be one based not 'on any respect of persons or classes, but on municipal considerations alone.' learned advocate general also referred us to tilakram rambaksh v. bank of patiala, air 1959 punj 440 and ananthanarayana v. agricultural income ..... was a sound reason for the operation of that act to continue in pepsu region. the learned judges of the punjab high court found the justification in the fact that the act was continued by virtue of section 119 of the states reorganisation act, and that when this was done it must .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Apr-28-1961
Reported in : 1SCR778; Supp2SCR778
..... , executive as well as quasi-judicial functions. they frame rules and bye-laws which are subordinate legislation and would fall within the description of 'laws' as defined by article 13, municipal councils are vested with administrative functions and they also exercise quasi-judicial functions when assessing taxes, hearing taxation appeals, to mention only a small fraction of the quasi-judicial power ..... fundamental right. thus, it was that this court said in romesh thappar's case : 1950crilj1514 that this court is the protector and guarantor of fundamental rights, in rashid ahmed v. municipal board, kairana : 1scr566 that the supreme court's powers under article 32 are wider than the mere right to issue prerogative writs, in a. k. gopalan's case : 1950crilj1383 ..... of this court in madan lal arora v. the excise & taxation officer, amritsar : 1scr823 carry the matter further. there, the petitioner was a dealer registered under the punjab general sales tax act. notices were served on him by the sales tax authority, the last of them being that if the relevant documents were not produced within a particular date the case ..... applications are made to the court in the first instance without resort to a high court having concurrent jurisdiction in the matter. this court again in rashid ahmad v. the municipal board, kairana : 1scr566 pointed out that the powers given to this court under article 32 of the constitution are much wider and are not confined to issuing prerogative .....Tag this Judgment!
Court : Himachal Pradesh
Decided on : Aug-01-1961
Reported in : AIR1962HP43
..... cession it is stipulated that certain inhabitants should enjoy certain rights, that does not give a title to these inhabitants to enforce these stipulations in the municipal courts. the right to enforce remains only with the high contracting parties.' air 1947 pc 1. 'where a state has been ceded by a ..... hitherto unoccupied by a recognized ruler. in all cases the result is the same. any inhabitant of the territory can only make good in the municipal court established by the new sovereign such rights as that sovereign has, through his officers; recognized. such rights as he had under, the rule of ..... in respect of the following documents:--(i) original letter dated 20th of march 1951 from the chief conservator of forests himachal pradesh to the a. g. punjab and himachal pradesh states. (ii) original report of the accountant jubbalsub-treasury dated: 17-2-51. (iii) original report dated 28-11-48 of ..... company shall always be assessed to income-tax at rates specified therein was binding on the government of india after the patiala and the east punjab states union of which the erstwhile jind state was a component part merged in the union of india. the decision of that question depended upon ..... a matter between independent sovereigns and any dispute arising there from must be settled by recourse not to municipal law of either states but to diplomatic action, and that failing, to force. that is an act of state pure and simple, and that is its character until the process of acquisition is completed .....Tag this Judgment!
Court : Allahabad
Decided on : Aug-10-1961
Reported in : AIR1962All221
..... acquisition proceedings were dropped and the notification issued under section 4 was cancelled. in connection with the water works scheme for the' town, the municipal board of basti got a tube-well sunk on a part of the land to which the petitioner objected. after the land acquisition proceedings were ..... by sub-sections (1) and (2).13. useful reference may be made in this connection to the case of arjan singh v. state of punjab, air 1959 punj 538, in which the provisions of section 17 as a whole were being challenged on the ground that the powers conferred were unregulated ..... of the first volume of cooley's 'constitutional limitations', 8th edn. there it had been stated:''the suspension of a statute is a legislative act unless based upon some condition, contingency, exigency or state of facts declared by the legislative enactment to be sufficient to warrant the suspension by an ..... it was necessary to resolve the conflict and, therefore, referred the case to a larger bench.4. under the scheme for acquisition provided in the act the acquisition proceedings start by the publication of a preliminary, notification under section 4. after that notification is published, section 5-a authorises any person ..... with the construction of his 'dharamshala' which is still incomplete.on the 10th of november 1960 a fresh notification under section 4 of the act was issued by the government. this time the government proposed to acquire only a part of the land in respect of which the previous notification .....Tag this Judgment!
Court : Mumbai
Decided on : Jan-18-1961
Reported in : AIR1962Bom53; (1961)63BOMLR774; (1963)IILLJ264Bom
..... when these provisions are read together, it is abundantly clear that the president has not delegated any essential legislative function to the central government. the central government has to act within the ambit of the legislative policy laid down in the ordinance. the limits of delegated powers have been specifically stated in the ordinance. in our judgment, therefore, ..... singh v. chairman patna administration committee, shanker bagla v. the state of madhya pradesh, : 1954crilj1322 it was observed:'it was settled by the majority judgment in the delhi laws act case, : 2scr747 that essential powers of legislation cannot be delegated. in other words the legislature cannot delegate its function of laying down legislative policy in respect of a ..... committed any offence under this ordinance. (8) the provisions of this ordinance and of any order issued thereunder shall have effect notwithstanding anything inconsistent therewith contained in the industrial disputes act, 1947, or in any other law for the time being in force. rajendra prasad,president. g. r. rajagopaul,secretary.' (3) on 8-7-1960, in exercise of ..... as the act expires any proceedings which are being taken against the persons will ipso facto terminate.'mr. singhvi also referred us to certain observations made in the following decisions reported in ali ahmad v. collector of bombay : air1950bom33 keshavan madhava menon v. state of bombay : 1951crilj680 , s. krishnan v. state of madras : 2scr621 , state of punjab v. .....Tag this Judgment!
Court : Gujarat
Decided on : Dec-07-1961
Reported in : AIR1963Guj98; (1962)GLR479
..... of the covenant and which have been guaranteed by the government of india arise by virtue of an act of state and that the obligations in connection therewith are not enforceable in the municipal courts of the land. reliance was placed in this connection upon a decision reported in air 1958 ..... a covenant with the government of india for the merger of the territories of that ruler into one stat, called the patiala and east punjab states union and by the covenant all duties and obligations of the ruler appertaining or incidental to the government of the covenanting state were to ..... matter between independent sovereigns and any dispute arising therefrom must 'be settled 'by recourse not to municipal law of either states but to diplomatic action, and that failing, to force. that is an act of state pure and simple, and that is its character until the process of acquisition is completed ..... officers to show that their action which is under challenge is within the authority conferred on them by law. altogether different considerations arise when the act of the sovereign has reference not to the rights of his subjects but to acquisition of territories belonging to another sovereign. that is a ..... order not to subject the expenses incurred by the petitioner out of privy purse amount received by him to the expenditure tax under the expenditure-tax act, 1957.4. the learned advocate general, who appears for the respondents, has raised a preliminary objection to the maintainability of the petition. he .....Tag this Judgment!
Court : Mumbai
Decided on : Oct-21-1961
Reported in : AIR1962Bom198; (1962)64BOMLR130; ILR1961Bom63
..... the second is collector and district magistrate, poona, third is a district superintendent of police, pona, and the fourth is the commissioner, poona city municipal corporation. the complaint is a very long document and extends over several pages but the sum and substance of it is that in law certain ..... of two offences, one under s. 409 and another under s. 477a of the penal code. he was a sub-assistant surgeon in the punjab provincial subordinate medical service. when he was about to be transferred, a consignment of medicines was received in the hospital. he did not make ..... must apply.(9) the learned advocate tried to distinguish these cases by saying that in all these cases their lordships were concerned with positive acts of officers which constituted the offence while here we are concerned with non-action which amounts to an offence. primarily we are concerned with ..... under section 477a. a question arose as to whether he could successfully be prosecuted without sanction required by s. 270 of the government of india act. the court here considered several authorities and formulated certain tests. while dealing with section 477a, mr. justice varadachariar observed:'in the charge under s ..... 477a, the official capacity is involved in the very act complained of as amounting to a crime, because the gravamen of the charge is that the accused acted fraudulently in the discharge of his official duty . . . .the learned advocate-general of the punjab sought to found an argument on the fact that .....Tag this Judgment!
Court : Karnataka
Decided on : Feb-28-1961
Reported in : AIR1962Kant124; AIR1962Mys124; ILR1961KAR586
..... in the 'murder' case is hit by rule of representations judicate. in this connection reliance is placed on the decision of the supreme court in pritam singh v. state of punjab, (s) : 1956crilj805 , wherein their lordships held that:'the effect of a verdict of acquittal pronounced by a competent court on a lawful charge and after a lawful trial is not ..... 'res j dicata' provision veritate acceptor is no less applicable to criminal than to civil proceedings. thus an acquittal of an accused in a trial under section 19(f), arms act, is tantamount to a finding that the prosecution had failed to establish the possession object certain revolver buy the accused as alleged. the possession of that revolver was a fact ..... -2 was one of the murderers of the deceased. from the proved circumstances, the only reasonable inference to that r-1 (dyavegowda) and r-2 (gowdaiah alias gowdappa alias ningappa) acted in concert. hence both of them are liable to be convicted under section 302 read with section 34 i. p. c.(21) in our opinion several of the conclusions arrived .....Tag this Judgment!
Court : Allahabad
Decided on : May-17-1961
Reported in : AIR1962All447
..... about the marriage and gauna and the going away of the appellant to her fathers house stated. 'i (have read upto 5th standard. i am a chaprasi in municipal school amroha. i get rs. 45/- per month, i am not suffering from leucoderma. my father teases me and my wife-(note by the. judge given at ..... sub-sections. (1) and (2) of section 9. it has already been stated earlier that besides the ground given in sections 10 12 and 13 of the act, the court has further to see whether the person, who is living apart, has a reasonable excuse to do so; and in, this case it having been found ..... live apart.12. the question of law raised in this case by the respondent's learned counsel depends upon the interpretation of section 9 of the hindu marriage act. according to his argument, a suit for restitution of conjugal rights should be decreed if none of the grounds given in sections 10 to 13 have been ..... defendant arises out of the judgment and decree passed by the civil judge, moradabad, in the suit of the husband-respondent filed under section 9 of the hindu marriage act, 1955.2. the admitted facts of the case are that the appellant was married to the respondent in asarh, 1955, and a few months after, the gauna ..... there is no authority on the point of this hon'ble court.there are however two cases of the punjab high court, which have placed interpretation, on sub-sections (1) and (2) of section 9 of the hindu marriage act. in the case of mst. gurdev kaur v. sarwan singh the appeal was filed by the wife and .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Apr-27-1961
Reported in : AIR1962SC1246; 2SCR503
..... supply of canal water in respect of the sirsa branch canal which was in the state of patiala. rules had however been made by the punjab government in respect of the sirhind canal and branches thereof as also the western jumna canal and branches thereof as early as april 1873 and august ..... art. 20(2) of the constitution came up for consideration has not been defined in the constitution. so under art. 367 which provides that the general clauses act, 1897, shall apply for the interpretation of the constitution the word 'offence' in the several clauses of art. 20 must be understood to convey the meaning given ..... the only point for our consideration therefore is whether s. 3 and s. 4 of the pepsu sirhind canal and western jumna canal rules (enforcement and validation) act, 1954, infringes the provisions of art. 20(1) of the constitution. art. 20(1) provides that no person shall be convicted of any offence except ..... not in force in the pepsu state on the date on which such thing was done or such action was taken. it may be mentioned that this act replaced the pepsu sirhind canal and western jumna canal rules (enforcement and validation) ordinance, 1954, which had been made shortly before this. 5. in ..... appeal it would be convenient to refer to the provisions of law that require consideration. 4. section 31 of the northern india canal and drainage act, 1873, which admittedly applies to the sirsa branch canal provides for the levy of water rates for supply of canal water taken in the absence .....Tag this Judgment!