Court : Supreme Court of India
Decided on : May-03-1962
Reported in : AIR1963SC375; (1964)ILLJ24SC; 2SCR943
..... india v. t.r. verma : (1958)iillj259sc . that arose out of a writ petition filed by a government servant in the high court of punjab, calling in question an order of dismissal passed against him, on the ground that the enquiry which resulted in the order had not been conducted in accordance ..... been subject of numerous decisions in england and in this country. dealing with this question lord loreburn, l.c., observed, in board of education v. rice (1911) a.c. 179 as follows :- 'in such cases the board of education will have to ascertain the law as also to ascertain the facts. i ..... of explaining them. if these rules are satisfied, the enquiry is not open to attack on the ground that the procedure laid down in the evidence act for taking evidence was not strictly followed. vide the recent decision of this court in new prakash transport co. v. new suwarna transport co., where ..... filed a writ application in the high court of nagpur, attacking the order refusing the permit on the ground, inter alia, that the tribunal had acted on a police report which was produced at the time of the hearing without giving the petitioner sufficient opportunity to meet it, and had thereby violated ..... explanation ordered his dismissal on july 5, 1956. the respondent filed a revision against this order to the government of bombay and under the states reorganisation act, 1956, that come before the government of mysore and was dismissed on august 31, 1957. the respondent thereupon filed in the high court of mysore, .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Feb-19-1962
Reported in : AIR1962MP245
..... actsand that enactment of a law having such effects does not constitute exercise of judicial functionsby the legislature.' these observations were quoted with approval in jadao bahuji v. municipal committee, khandwa, ilr (1956) nag 83: ((s) air 1956 nag (167) and gulabrao keshavrao v. pandurang bhanji, ilr (1957) bom 714: ..... between parties. it, therefore, seems to us that the contention that the impugned act is really an exercise of judicial power is ill-founded.' the same view was subsequently expressed in mst. jadao bahuji v. municipal committee khandwa, air 1961 sc 1486. hidayatullah j. delivering the judgment of the ..... they had been permitted to purchase tobacco free of tax for the purpose of manufacture for sale. in consequence of the aforesaid amendments made in the act, it became necessary to amend that, certificate. therefore, on 5th january 1934, even before the relevant rule was amended, the petitioners applied for ..... accept the contention that, where the assessing authority' erroneously exempts certain transactions, recourse can be had to only section 11-a of the act and the appellate authority is incompetent to enhance the assessment by including those transactions in the taxable turnover.18. another limb of the argument ..... purposes. we need not quote here all the authorities. they begin with in re delhi laws act (1912) etc., air 1951 sc 332 and come right up to ram jawaya v. state of punjab, (s) air 1955 sc 549. in all these their lordships of the supreme court have .....Tag this Judgment!
Court : Orissa
Decided on : Aug-03-1962
Reported in : AIR1964Ori1; 1964CriLJ57
..... of puri bar aged about 50 years and has seve-ral years of public and political life to his credit. he was chairman of puri municipality for 71/2 years, he was public prosecutor and government pleader at puri for three years and was also president of the district congress committee ..... that on behalf of the former candidate they had themselves committed corrupt practices cannot but be characterised as infamous.in this connection, the following observations of the punjab high court in 19 ele. lr 417 (punj) are worth quoting :'this apparently wholesale desertion of the respondent by her devoted supporters and active workers ..... such a propaganda would come within the scope of the second proviso to sub-section (2) of section 123 of the representation of the people act 1951. it would also amount to an election offence under section 171f read with section 171c of the indian penal code and section 508 of that ..... ele lr 1 (10)(ele. tri. bareilly):'allegations about the commission of a corrupt practice like those enumerated in sections 123 and 124 of the act are however of a quasi-criminal nature and to prove those allegations almost the same standard of proof will be required as in a criminal case against ..... and whether the appellant was prejudiced by the non-disclosure, if any, as required by section 83(1)(b) of the representation of the people act, 1951.8. the relative status and attainments of the appellant and the petitioner may now be noticed. though the appellant is a scion of one .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Oct-12-1962
Reported in : AIR1963SC791; 1973LC56(SC); 1990LC151(SC); 1977(1)ELT199(SC); Supp(1)SCR586
..... ' in the definition clause of the act and you will find that 'manufacture' is defined thus : 'manufacture' includes any process incidental or ancillary to the completion of a manufactured product (s. 2(f))'. ..... substance known to the market, liable to duty. the sole purpose of inserting this definition is to make it clear that at certain places in the act the word 'manufacture' has been used to mean a process incidental to the manufacture of the article. thus in the very item under which the excise ..... consideration of the meaning of the word 'goods' provides strong support for the view that 'manufacture' which is liable to excise duty under the central excises and salt act, 1944, must be the 'bringing into existence of a new substance known to the market.' 'but,' says the learned counsel, 'look at the definition of 'manufacture ..... petitions raise a common question of law as regards the liability to excise duty under item 23 of the first schedule to the central excises and salt act 1 of 1944, on similar facts. the petitions were heard together and disposed of by a common judgment allowing the appeals and directing the excise authorities ..... das gupta, j.1. these three appeals are against the orders of the punjab high court allowing three petitions under art. 226 of the constitution. the three petitions are by three different companies manufacturing vegetable products .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Nov-06-1962
Reported in : AIR1963SC996; Supp(1)SCR885
..... intended to be achieved is good, just or unexceptionable would be immaterial, vide the state of bombay v. bombay education society : 1scr568 and punjab province v. daulat singh i.l.r. (1946) indap 59. therefore, we do not see how it is possible to escape the conclusion that the ..... from ordering even in appropriate cases an applicant for redress to furnish security before exercising his privilege of prosecuting his claim, the court would be acting not as a court of justice but as an instrument of oppression. 29. the impugned rule being merely declaratory of the jurisdiction which is ..... on a strictly interpretational plane. the court has, therefore, to hear the entire case dealing both with the validity of the statutes or executive acts and the allegations of improper conduct before it can finally adjudicate upon the claim made by the petitioner. if because of the nature of the ..... is satisfied that such an order is preeminently called for. it frequently happens that mixed up with pleas of constitutional invalidity of statutes or executive acts having an impact upon fundamental rights, allegations of bad faith, arbitrariness, exercise of power for ulterior purposes and similar allegations are made by litigants ..... intended to secure the costs of the respondent in a proper case. let us see how this rule will work if it is interpreted and acted upon in the manner suggested by the learned solicitor-general. in practice, at present, an order of security is normally made unless a request .....Tag this Judgment!
Court : Kolkata
Decided on : May-03-1962
Reported in : AIR1963Cal116,67CWN361,[1962(5)FLR57]
..... me, because they have not any direct application to the point that i have to decide, in the case of premprakash dixit v. state of punjab the government had taken over the functions of municipal water works and had appointed the petitioner in that case as a superintendent. in those circumstances kapur, j. held that the petitioner held a civil ..... the corporation could not penalise the petitioner for misconduct not committed against itself. mr. hazra emphasised on section 47b(1)(c) of the road transport corporation (west bengal amendment) act 1959 and contended the corporation could continue suits and other legal proceedings instituted by or against the state government but not disciplinary proceedings. i do not think much of the ..... government and, therefore, 1 do not place any value on this branch of the argument.28. the question that remains for my consideration is whether the provisions of the act and the regulations thereunder framed were violated in dismissing the petitioner.29. mr. hazra contended that the petitioner was originally appointed by the director general of state transport. the ..... the government of west bengal established a road transport corporation, known as the calcutta state transport corporation, in exercise of its power under section 3 of the road transport corporation act 1950. the services of the petitioner stood transferred to the calcutta state transport corporationwhich took over the local transport business of the state government.3. on august 16, 1960, .....Tag this Judgment!
Court : Supreme Court of India
Decided on : May-04-1962
Reported in : AIR1963SC1; 3SCR22
..... to title to immovable property within its jurisdiction is founded will not debar investigation into title to other property within the jurisdiction of the municipal courts, even if the latter properties are alleged to be held on the same title. every issue and every component of the issue ..... courts; for instance, karalla char an sara v. apurba krishna bajpeyi i l.r. (1930) cal. 549, umar baksh v . commissioner of income tax, punjab i.l.r. (1931) lah. 725. and jehangir v . secretary of state (1903) 6 bom. l.r. 131. in these cases it was ..... as soon as you finish your work there.' this letter also gives directions for procuring certain articles. there is a letter dated january 18, 1911, addressed by ramalingam to shanmugam. by the letter ramalingam informs shanmugam that the question of (departmental employment in the nandidurg mining company was discussed ..... a connected proceeding; and that other judges had , , , dissociated themselves' from the case. this application was rejected on january 10, 1949, by acting chief justice. another application dated january 29, 1949, stating that the plaintiffs had approached the government of mysore to constitute an ad hoc special bench to ..... his wife gajambal presented a petition before the district judge, civil station banglore, for an order against eamalingam for inquisition under the indian lunacy act. on that application evidence was directed to be recorded and the district judge called for a medical report as to abe mental condition of ramalingam .....Tag this Judgment!
Court : Kolkata
Decided on : Apr-17-1962
Reported in : AIR1962Cal635,66CWN970
..... duty on the consumption of petrol at the rate of four annas per gallon with effect from january 1, 1951. the percepteur and receveur municipal of chandernagore issued 'commandments' upon the respondents commanding them to pay the moneys said to be due from them on account of the duty ..... 'dalloz' publication was produced before us and to a certain extent met the demand. but they were wholly inadequate. the relevant decrets ranged from 1911 and even earlier, to 1952. all that learned counsel could do was to produce certain typed copies. naturally, we enquired as to the authenticity ..... to the union of india, and consideration of the french law including the french code of civil procedure and several french decrets, the foreign jurisdiction act, the chandernagore (application of laws) order 1952 etc. before the special bench, however, the cases took a new turn and, in view of ..... nath v. lilabati dasi : air1953cal580 . the judges of chandernagore appointed by the government of india under the bengal, agra and assam civil courts act, 1887 could exercise the jurisdiction vested in them by the indian laws only. they could not assume jurisdiction to decide cases under french financial decret ..... six pies per gallon. on may 1, 1950 the central government of india in exercise of its powers under section 4 of the foreign jurisdiction act, 1947 promulgated the chandernagore (application of laws) order, 1950 and appointed an indian administrator of chandernagore with effect from may 2, 1950. de .....Tag this Judgment!
Court : Himachal Pradesh
Decided on : Nov-10-1962
Reported in : AIR1963HP37
..... excluded in computing the prescribed period of limitation. it was held that no enactment required the plaintiff to give notice to the secretary of state or the municipality in the particular matter for he had no cause of action against them. in the course of the judgment the following observations were made: 'the ..... -interest of piare lal mortgagor filed a suit for redemption of the mortgage against nizamuddin, the secretary of state for india-in-council and the lucknow municipality and two months notice was given to the last mentioned two defendants. the trial court and the first appellate court held that the mortgage could not be ..... in the future and with reference to that case suffice it to say that the proposition of law laid down therein has not been followed even by the punjab high court in subsequent cases, e. g., the case of dr. ram saran, air 1961 punj 400 (supra). 48. there is overwhelming and reliable ..... of india was liable for wrongful detention of rice and setting aside the order of dismissal remanded the case for trial on merits. the state of punjab preferred a second appeal and it was held that the plaintiff had no cause of action against the union of india and that the period of ..... in computing the period of limitation the period of notice given to the state of punjab and the union of india was sought to be excluded under section 15(2) of the limitation act. in resisting the suit the state of punjab pleaded that the period of notice given to the union of india could not be .....Tag this Judgment!
Court : Kolkata
Decided on : Aug-28-1962
Reported in : AIR1963Cal565,67CWN460
..... passed already. the same principle underlies article 162 of the constitution. this is the view which the supreme court expressed in ram jawaya kapoor v. state of punjab. : 2scr225 . if any legislation is required to be passed touching on foreign exchange the parliament may pass such a law or if any legislation ..... purpose under part vii as already indicated. see in this connection : 1scr777 . in that case the question was whether the bombay land requisition act (bombay act xxxiii of 1958) was invalid inasmuch as the purpose of the requisition was not in express terms stated to be a public purpose. this court laid ..... present dispute are hereinafter briefly recounted. on february 18, 1960, there was published, in the calcutta gazette, a notification, under section 4 of the land acquisition act 1894, whereby a large number of plots of land, measuring in all 106.19 acres, in village mrigala, police station chanditala, district hooghly were notified for ..... that while many states in india have passed laws prohibiting cattle slaughter. west bengal lags behind. he further states that the delhi municipal corporation turned down a proposal for establishment of a slaughter house and if a similar proposal had been put up before the ..... municipal corporations of bombay and madras, they would have, he believed, rejected the same. he also says that the proposal to establish a .....Tag this Judgment!