Court : Allahabad
Decided on : Apr-10-1961
Reported in : AIR1961All450; (1961)IILLJ251All
..... appointment when-(a) he has completed the prescribed period of probation and (b) the government are satisfied that (i) holds sufficiently acquainted with all local enactments relating to public health, municipal and district organization, the administrative work of local bodies, and the relations of those bodies in the various departments of the government; (ii) he is otherwise fit for confirmation. (c ..... state of punjab, a bench of that court repelled the respondent's contention 'that as the petitioner was not removed from the higher service immediately on the completion of the probationary period of ..... period of probation.the respondent filed a writ petition under article 226 of the constitution and a learned single judge of that court granted a direction that the state of punjab should forbear from putting into execution the order reverting him to his permanent post without complying with the provisions of article 311 of the constitution. on an appeal by the ..... of a permanent member of the service automatically and that he could have acquired this status only if the competent authority had chosen to perform a positive or an affirmative act.'17. in r. venkatapathy v. deputy inspector general of police, western range, coimbatore, air 1958 mad 216, which was an appeal against an order passed by a learned single judge .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Mar-08-1961
Reported in : AIR1961SC1361; 1SCR205
..... (sc) and the state of saurashtra v. memon haji ismail haji : 1scr537 , it has been held that unless the new sovereign, either expressly or impliedly admits the claim, the municipal courts have no jurisdiction in the matter. the question to consider is whether such a stage had been reached in the enquiry which had been commenced. no doubt, the plea ..... -9. the state of mayurbhanj failed in its promise of procuring the necessary permits and facilities for transport, and the appellant was, therefore, required to sell the foodgrains in the punjab, and thus incurred a loss of rs. 14,844-0-3. the appellant alleges that the maharaja promised to pay the amount. 4. from january to 1, 1949, the mayurbhanj ..... into an agreement or arrangement with jagannath agarwala for establishing a business for the manufacture of industrial alcohol and essential oils and for purchases of wheat and barley in the punjab. civil appeal no. 666 of 1957 relates to the establishment of the manufacturing business, and civil appeal no. 667 of 1957, to the purchases of wheat and barley. with reference ..... ] 1 s.c.r. 319. in reply, mr. a. v. viswanatha sastri contended that the rejection of the claim was an act of state, and that the new sovereign state could not be compelled by a process of the municipal courts to accept a liability of the old ruler, and though the new sovereign state might make such enquiry as it chose .....Tag this Judgment!
Court : Gujarat
Decided on : Dec-07-1961
Reported in : (1962)3GLR479
..... 10 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 : 34itr514 ..... into a covenant with the government of india for the merger of the territories of that ruler into one state 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 ..... 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 ..... 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 ..... 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 1957.3. the learned advocate general who appears for the respondents has raised a preliminary objection to the maintainability of the petition. he contends .....Tag this Judgment!
Court : Karnataka
Decided on : Feb-08-1961
Reported in : 1961CriLJ253
..... the actual injury caused. we do not think we need go deeper into-that controversy in view of the decision of the supreme court in virsa singh v. state of punjab : 1958crilj818 .that decision lays down that if it is proved that a particular injury was deliberately caused and that injury is sufficient in the ordinary course of nature to cause ..... laid down in nisar ali's case (s) : 1957crilj550 , in our opinion, is wholly inapplicable. the statement in exhibit 10-a is not hit by section 24 of the evidence act nor can it be brought, as shown above, under section 154 cr. p.c. for the purpose of the present case.we see no good reason why it cannot be ..... a case is not substantive piece of evidence and can be only used to corroborate the statement of the maker under section 157 of the evidence act or to contradict it under section 145 of that act; it cannot be used as evidence against the maker at the trial if he him-self becomes an accused in order to corroborate or contradict .....Tag this Judgment!
Court : Allahabad
Decided on : Feb-15-1961
Reported in : AIR1962All301
..... safeguards can prevent' 'a political party' 'from carrying out its programe any more than a foreign army can be prevented from invading india by the municipal by-laws of amritsar.'the point to note is that political excesses cannot be rectified by the law courts unless there has been a violation of ..... the cabinet enjoying as it does a majority in the legislature concentrates in itself the virtual control of both legislative and executive functions.'ram jawaya kapnr v. state of punjab, (1955) 2 scr 225 : ((s) air 1955 sc 549). 8. counsel quoted the following extract from halsbury's laws of england :'status of prime minister ..... the same courtesy to the other branches of government, which it receives from them and refrain from making uncalled for comments on the wisdom of the acts of the ministers of government.33. the petition has made out no prima facie case for issue of notice to the respondents and is rejected.34 ..... has special knowledge of complicated questions which is denied to the other. each must have the fullest discretion in the discharge of its duties. the act of the executive are not open to review by the judiciary as long as there is no violation of the law or the constitution. it follows ..... avoid the verdict of the electorate. it is not-possible for the. court to assess the political forces and compulsions which (necessitated any political party to act. any comment by this court will be out of place, but as the petitioner appeared to be sincere in his appeals to this court, i .....Tag this Judgment!
Court : Kerala
Decided on : Aug-25-1961
Reported in : 12STC807(Ker)
..... its exercise. the suit, therefore, in truth was directed exclusively to a modification of assessment.13. the next case is in commissioner of income-tax, west punjab v. tribune trust, lahore  16 i.t.r. 214. the relevant facts are that in respect of the assessment for the year 1932-33, ..... contention which he could have raised before the authorities when he is prosecuted under section 15(b) of the act for failure to pay the tax.10. this decision was followed in john v. shertallai municipality  k.l.r. 577 where koshi, c.j., held that, the assessment or levy can be ..... challenge to an assessment could be entertained in the shape of a suit or any proceedings except in the manner provided in the act. the scheme of the act seems to be that all questions relating to the validity of an assessment should be agitated before the hierarchy of tribunals constituted for ..... under protest the tax assessed on him and then brought a suit for the following reliefs : (a) a declaration that certain provisions of the income-tax act on which the assessment was based were ultra vires and assessment was illegal ; (b) an injunction restraining the income-tax department from making the assessments in ..... civil court has no jurisdiction to entertain the suit. the learned munsiff relying on section 18-a of the general sales tax act (act ix of 1939) (hereinafter referred to as the act) held that the civil court has no jurisdiction to entertain the suit. on appeal the learned district judge of kozhikode also .....Tag this Judgment!
Court : US Supreme Court
Decided on : May-29-1961
..... says in part: "ix. profanation of the lord's day, vulgarly (but improperly) called sabbath-breaking, is a ninth offence against god and religion, punished by the municipal law of england. for, besides the notorious indecency and scandal of permitting any secular business to be publicly transacted on that day in a country professing christianity, and the ..... cf. michigan, new jersey, pennsylvania, rhode island. [ footnote 2/77 ] colorado, wisconsin. cf., e.g., connecticut, maine, michigan, pennsylvania. [ footnote 2/78 ] some states have specific legislation enabling municipalities to regulate sunday business ( e.g., nebraska, north dakota), or to suppress desecration of the sabbath ( e.g., michigan, mississippi, rhode island). often such authority is written into a city ..... sale, or some two or more of these comprehensive categories of affairs. in many of these states, and in others having no statewide prohibition of industrial or commercial activity, municipal sunday ordinances are ubiquitous. [ footnote 2/78 ] most of these regulations are the product of many reenactments and amendments. although some are still built upon the armatures ..... 921 (1899), sustaining a statute specifically prohibiting sunday baseball, with carr v. state, 175 ind. 241, 93 n.e. 1071 (1911), sustaining a statute excepting baseball from the general sunday prohibition. [ footnote 2/131 ] the shops act, 1950, 14 geo. vi, c. 28, excepts from the general sunday ban the keeping open of a shop to sell liquor, .....Tag this Judgment!
Court : US Supreme Court
Decided on : Feb-20-1961
..... extreme limits of federal constitutional power a law to regulate the quotidian business of every traffic policeman, every registrar of elections, every city inspector or investigator, every clerk in every municipal licensing bureau in this country. the text of the statute, reinforced by its history, precludes such a reading. in concluding that police intrusion in violation of state law is not ..... reached. and, with respect to this question, the court's conclusion is undermined by the very portions of the legislative debates which it cites. for surely the misconduct of individual municipal police officers, subject to the effective oversight of appropriate state administrative and judicial authorities, presents a situation which differs toto coelo from one in which "immunity is given to crime ..... bill in the house as "so guarded as to preserve intact the autonomy of the states, the machinery of the state governments, and the municipal organizations established under state laws. [ footnote 3/43 ]" indeed, the ku klux act, as a whole, encountered in the course of its passage strenuous constitutional objections which focused precisely upon an assertedly unauthorized extension of federal judicial ..... 242 also involved conduct sanctioned by state law. united states v. buntin, 10 f. 730 (c.c. s.d. ohio 1882); united states v. stone, 188 f. 836 (d.md.1911). cf. united states v. horton, 26 fed.cas. 375, no. 15,392 (d.ala. 1867), semble. [ footnote 3/22 ] brawner v. irvin, 169 f. 964 (c.c.n.d.ga .....Tag this Judgment!