Court : Punjab and Haryana
Decided on : Mar-04-1966
Reported in : (1968)ILLJ80P& H
..... of want of evidence is that respect as he never raised any objection to the deceased not having been a workman within the meaning of the act in his written statement,. the learned counsel for the appellant-relied upon the judgment of the calcutta high court in dukhini rafaharin v. corporation of ..... is that workman means any person employed on monthly wages not exceeding 400 rupees in any such capacity as is specified in schedule ii to the act. in schedule ii as many as 32 classes of employees are enumerated. item (xxv) relates to persons employed as drivers. there is no separate ..... a claims tribunal has been constituted for the whole of punjab under the motor vehicles act. but i do not think that a commissioner under the workmen's compensation act is a 'civil court' within the meaning of section 110f of the motor vehicles act. a civil court is the court of general civil ..... , within section 13(1), factory and workshop act, 1901.4. reliance is placed for that definition on the judgment of darling, j., in taylor v. dawson (1911) 1 k.b. 145. duties of cleaners do not appear to have been separately set out in the punjab motor vehicles rules, 1940. but, it is ..... a matter of common knowledge that conductors employed on transport vehicles are loosely called 'cleaners.' duties of drivers and conductors of transport vehicles are set out in rule 443 of the punjab .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Sep-27-1966
Reported in : AIR1967SC1110; 1SCR602
..... term operates only according to its tenor and not further. the writ petition 216 of 1963 will, therefore, be dismissed with the declaration that the municipal area does not vest in the government under the regulation and art. 31a(2) does not lend its protection to this expropriation. compensation, therefore, ..... since passed by succession to the present petitioner. the area is 963 acres of which 863 are under cultivation and 100 acres are included in daman municipality. the yearly payment is rs. 1,221.50. 6. the petitioners have challenged the regulation under arts. 14, 19 and 31 of the ..... original owner purchased it in 1876 and sold it the same year to the predecessors of the present petitioners. by a municipal statute (postura) of 16th may, 1949 the municipality of daman was established and the area of its jurisdiction was determined. this involved about 100 acres from the original grant ..... 1957]1scr930 the learned attorney general also drew our attention to in re the hindu women's rights to property act, 1937, and the hindu women's right to property (amendment) act, 1938 etc. () and punjab province v. daulat singh and others  f.c.r. 1.. in the former case gwyer c.j ..... 1965]1scr614 and n.b. jeejeebhoy v. assistant collector, thana prant, thana : 1scr636 and also in passing in ranjit singh and others v. state of punjab and others : 1scr82 although in the last case a wider meaning to the expression agrarian reform was given. 16. it will thus be clear that before .....Tag this Judgment!
Court : Mumbai
Decided on : Jul-27-1966
Reported in : (1967)69BOMLR326; 1967MhLJ694
..... an implied trust for charity.but there is a class of cases-not confined or peculiar, as it seems to me, to gifts to colleges, municipal corporations, or city guilds-in which it is a fairly moot question whether, in a gift of property to trustees, they take as trustees solely ..... made thereunder can be directly repealed or amended by the state legislature even with the assent of the president. for instance, the bombay industrial relations act (act no. xi of 1947) was passed by the provincial legislature and it related to a concurrent topic. if the bombay state legislature wishes to ..... the judgment of the supreme court went on to say (p. 806):in the present case, there was no express repeal of the bombay act by act no. lii of 1950 in terms of the proviso to article 254(2).even casual observations of the supreme court would always be treated by ..... an ordinance passed by the governor-general in the exercise of his emergency powers under section 72 of the 9th schedule of the government of india act, 1935, had arisen for consideration. the ordinance provided for three special classes of courts of criminal jurisdiction and declared that certain provisions of the ..... was revoked and extinguished by sir currimbhoy ebrahim baronetcy (repeal and distribution of trust properties) act, 1959 (bombay act ix of 1960). the circumstances under which the official trustee is seeking directions are as follows:48. on july 20, 1911, by letters patent issued by his majesty' king george v. sir currimbhoy ebrahim was .....Tag this Judgment!
Court : Orissa
Decided on : May-25-1966
Reported in : AIR1967Ori6
..... effect of the abatement of an appeal against one of the respondents has been clearly enunciated in a case reported in air 1962 sc 89, state of punjab v. nathuram. their lordships held that ordinarily the considerations which weigh with the court in deciding such questions are whether the appeal between the appellant and ..... legal effect of non-substitution resulting in such partial abatement of the appeal in so far as the other respondents are concerned. 24. in a case reported in (1911) ilr 94 mad 292, arayil kali amma v. p. m. s. nambudripad, it was held that where the deceased respondent in respect of whom the ..... a heritable right to the sebaitship of the deity and are necessary parties to the appeal as the entire body of sebaits constitutes one entity and must act together. there cannot be any dispute that as a result of the non-substitution of the legal representatives of harachand the appeal had abated in respect ..... must figure as plaintiffs in a suit brought on behalf of the deity. if some of them refuse to join as plaintiffs or had done some acts precluding them from being plaintiffs one or more of the sebaits can maintain a suit without joining the others as plaintiffs but making them party defendants. ..... law, and as such no individual sebaits can be said to represent the deity as the deity is represented by the entire body by sebaits acting together. in a case reported in air 1945 pc 23. manmohan das v. janki prasad, the question raised was whether one of the trustees of a .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Mar-09-1966
Reported in : AIR1967SC212; 1967CriLJ265; 3SCR830
..... code. except for these difference the rules in other respects remained the same. 20. assam underwent yet another change. at the imperial coronation darbar held in delhi in december, 1911, the king announced a new distribution of territory. bihar and orissa were cut off from bengal and were formed into an independent lt. governorship. eastern bengal was reunited with west ..... : '92. administration of excluded areas and partially excluded areas : (1) the executive authority of a province extends to excluded and partially excluded areas therein, but, notwithstanding anything in act, no act of the federal legislature or of the provincial legislature, shall apply to an excluded area or a partially excluded area, unless the governor by public notification so directs, and the ..... subject to such modifications and adaptations specified in the notification as the government in question may deem necessary or expedient to bring it into accord with the government of india act, 1935.' 24. in 1945 the assam frontier (administration of justice) regulation, 1945 (regulation 1 of 1945) was enacted. it was originally made applicable to balipara, lakhimpur, sadiya and ..... . union of india, : 1960crilj671 , vasantlal maganbhai sanjanwala v. state of bombay : 1978crilj1281 and d. s. grewal v. state of punjab. (1959) supp. 1 s.c.r. 792. it is submitted that sections 6 and 7 of the scheduled districts act laid down no policy, and did not afford a guide in the making of rules except to say that officers should .....Tag this Judgment!
Court : Gujarat
Decided on : Oct-15-1966
Reported in : (1967)8GLR856
..... of the civil procedure code. sub-section (2) of section 455 enacts that, all rules made under section 454 of the bombay provincial municipal corporations act, shall have effect as if enacted in the act. therefore, mr. shah's contention is that, in order that the definition in clause (c) of section 3 may be ..... examination at our hands. in the first instance, mr. shah relies upon the case of major s. arjan singh and anr. v. the state of punjab and ors. reported in , as a preliminary step in support of his contention. in that case, the relevant notification stated that, an officer was appointed ..... similar to the one contained in section 127 of the civil procedure code and section 455, sub-section (2), of the bombay provincial municipal corporations act, 1949. section 127 enacts that the rules made thereunder shall have the same force and effect as if they have been contained ..... vice shri v.k. parmar transferred. ' by the notification dated 1st october 1963, master was appointed 'to perform functions of the collector under the said act within the revenue district of baroda.' this notification was superseded by the last notification dated 11th october 1963, by which, the government authorised 'all special ..... the act, when a notification under that section is issued that any land is needed for a public purpose, or for a company, the declaration so made is conclusive evidence that 'land is needed for a public purpose or for a company. ' in smt. somawanti and ors. v. the state of punjab and ors .....Tag this Judgment!
Court : Chennai
Decided on : Aug-05-1966
Reported in : (1966)2MLJ533
..... tenant in the sense that there is a transfer of interest by the landlord in favour of the tenant vide h.s. rikhy v. the new delhi municipality : 3scr604 . the question, therefore, is not so much whether the compensation paid by the person in occupation is termed 'rent' as whether ..... stand or slaughter house or of rent for shops has been farmed out or leased by a municipal council or the district board or the corporation of madras. ' rent' has not been defined in the act and the use of this word is not conclusive of the matter that relation of landlord and ..... tenancies, by affording a special protection to tenants against eviction, and also balancing this by certain corresponding obligations imposed on tenants....therefore, act xviii of 1960 including act xi of 1964 are within the competence of the legislature and validly passed, that none of them is liable to be struck down ..... numerous fields of human activity, which have been held to be reasonable...the answer given to the reference by the full bench was:the madras rent control acts, viewed, from any perspective, such as that of legislative competence, legislative intendment or the plain significance of the structure of the enactments, admits only ..... limit on the basis of rent has been removed in respect of non-residential buildings. the question then arises whether act xi of 1964 could be given retrospective effect. a full bench of the punjab high court held in shamsunder v. ramdas a.i.r. 1951 p.&h.; 52 that a statute, unless .....Tag this Judgment!
Court : Chennai
Decided on : Jan-20-1966
Reported in : (1966)2MLJ68
..... article 254(2), for the validity of the enactment. in the middle group would, appear to fall the larger number of the acts, particularly an act like bombay act lvii of 1947. here, no doubt, an additional protection is given to statutory tenancies, in several ways, but the ordinary machinery ..... not merely to contractual tenancies during their subsistence, but also to statutory tenancies, after the determination of a contractual tenancy. under the terms of this act, therefore, a landlord can evict a tenant on the special grounds available, notwithstanding the subsistence of a contractual tenancy, and even though it has ..... the reference, and, as the matter has been argued before us, the following questions emerge for our consideration:1. do the madras act, including the latest amending act xi of 1964, enact as self-contained code governing all relationships between landlords and tenants, during their subsistence, including contractual as well as ..... or transfer. h. s. rikhy v. new delhi municipality (1962) 1 s.c.j. 612 is a decision on the delhi and ajmer rent control act (xxxviii of 1952). the definitions of ' letting', 'landlord', 'premises' and 'tenant' in the act are referred to and discussed, and the court held that ..... 13(2) will not be operative. but it is not disputed that act xi of 1964 was enacted during the emergency, and that: article 358 would therefore apply. the supreme court held in mackhan singh v. state of punjab : 49itr137(sc) that ' the suspension of article 19 during .....Tag this Judgment!
Court : Chennai
Decided on : Sep-05-1966
Reported in : (1967)ILLJ252Mad
..... joined the service of the tiruvellur panchayat board, electricity department, at tiruvellur, in 1937, as a clerk. he was an accountants in the madras electricity system of the tiruvellur municipality when the state electricity board took over. the services of the petitioner were transferred to the madras state electricity board on 1 july 1957. on 17 june 1966 the petitioner ..... distribution company, ltd., in july 1934 as a clerk. in the service record and the provident fund pass book the petitioner has given his date of birth as 7 december 1911. when the company was taken over by the madras state electricity board, the petitioner was asked to furnish certain information, and he grave his date of birth as 7 ..... that arises for consideration in this petition is whether the petitioner, an assistant (administration), is a workman within the definition of section 2(i) of the industrial employment (standing orders) act, 1946. a person employed in any industrial establishment to do any skilled or unskilled manual, supervisory, technical or clerical work comes within the meaning of ' workman.' but a person, ..... establishment.the questions that have to be considered, therefore, are:(1) whether the establishments under the madras state electricity board come within the provisions of section 13b of the act, and(2) whether the government is empowered to exempt the clerical staff alone in the establishment under the madras state electricity board under section 14 of the industrial employment ( .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jan-17-1966
..... conveyance, devise, give, or grant in perpetuity to such corporations or persons other property, real or personal, for the development, improvement, and maintenance of said property." "69-505. municipality authorized to accept. -- any municipal corporation, or other persons natural or artificial, as trustees, to whom such devise, gift, or grant is made, may accept the same in behalf of and for the ..... . pp. 382 u. s. 301 -302. 220 ga. 280, 138 s.e. 2d 573, reversed. page 382 u. s. 297 mr. justice douglas delivered the opinion of the court. in 1911, united states senator augustus o. bacon executed a will that devised to the mayor and council of the city of macon, georgia, a tract of land which, after the death ..... constitution to the states. [ footnote 3/1 ] the majority disclaims reliance on the early georgia charitable trust statutes authorizing the establishment of racially restricted parks and permitting a city to act as trustee under such a trust. my brother white, however, finds that the mere existence of those statutes, enacted in 1905, "incurably taint[s]" the racial conditions of senator bacon ..... unaffected the traditional view that the fourteenth amendment does not compel private schools to adapt their admission policies to its requirements, but that such matters are left to the states acting within constitutional bounds. i find it difficult, however, to avoid the conclusion that this decision opens the door to reversal of these basic constitutional concepts, and at least in .....Tag this Judgment!