Court : Supreme Court of India
Decided on : Mar-28-1967
Reported in : AIR1967SC1568; (1967)69PLR824; 3SCR286
..... to an alteration of the consolidation scheme and the state government had power, under s. 42 of the act as amendment by the east punjab holdings (consolidation and prevention of fragmentation) (second amendment and validation) act (punjab act 27 of 1960), to make any change in the consolidation scheme subject to the requirements of that section ..... confers a power on the consolidation officer to reserve the land of the proprietors for any common purpose including the extension of the village abadi and there is no express limitation in the language of the section to the effect that the land to be taken from the proprietors and other ..... right-holders in accordance with their ratable share. it was contended by the respondents that no limitation should be placed on the plain language of the section. 17. in our opinion, the argument put forward on behalf of the appellant is ..... it was contended that s. 18(c) gives a wide power to the consolidation officer to reserve any land for the common purpose including extension of the village abadi and there is no requirement imposed in the section that the land reserved should be taken from the proprietors and other ..... prior to the consolidation and in addition if these persons so desire, they shall be entitled to be given additional area upto one bigha for extension of the abadi. in the case of such persons of right holders who have constructed houses or enclosures etc. within the shamlat area they .....Tag this Judgment!
Court : Delhi
Decided on : Feb-23-1967
Reported in : AIR1967Delhi58
..... governed by a special or local law by virtue of section 29 of the indian limitation act of 1908 which act clearly governs the present case, rameshwar das v. official receiver, delhi 1938 40 plr 1060: air 1949 ep 299 are two bench decisions of the lahore and east punjab high courts respectively taking the same view. these decisions have to my knowledge, been followed ..... representative that leave had been refused, though it had actually been granted, constitutes sufficient cause within the contemplation of section 5 of the limitation act and also good cause within the contemplation of rule 4 of chapter i-a (a), punjab high court rules & orders, vol. v justifying condensation of delay by this court. (3) it may here be pointed out that under ..... unconstitutional because of clause 26 of the letters patent. (6) shri r.l. aggarwal has also submitted that by virtue of section 12(3) of the delhi high court act, no. 26 of 1966, this case cannto be heard by this court. i ..... that prescribed by the limitation act and no question was raised as to its virus in regard to the sole competence of the admitting bench to condone the delay. but be that as it may, ntohing cogent and convincing has been stated on behalf of the appellants for holding the provision authorising only the admitting bench to grant extension of time to be .....Tag this Judgment!
Court : Delhi
Decided on : Oct-09-1967
Reported in : AIR1969Delhi159
..... . 526, 527 and 529 of 1966, d/- 10-4-1967 : : 3scr557 . the provision challenged in that case was section 5 of the east punjab general sales-tax act, 1948 (act 46 of 1948), reading-'subject to the provisions of this act, there shall be levied on the taxable turnover every year of a dealer a tax at such rates as the provincial government may ..... were determined by reference though nto expressly recited in the resolution of the corporation. the words 'the rates specified in the said resolution...' cannto be given that rigid, wooden and limited meaning. in our opinion, the rates were specified by reference to the resolution of the standing committee which in turn referred to the government sanction. (2) the earlier part of ..... provision by any means or measures which it may lawfully use or take, for each of the following matters, namely: xx xx xx xx (d) the construction or purchase, maintenance, extension, management and conduct of- (i) any undertaking for the generation or supply and distribution of electricity to the public, (ii) any undertaking for providing road transport services by mechanically propelled ..... rates were increased to four pies, seven pies and nine pies in 1943, 1946 and 1947 respectively without government sanction. act of 1920 was repealed and a new act was passed in 1948. the taxes in force under the 1920 act were continued by a saving clause in the new act. on a challenge by the tax-payers, the supreme court struck down the increase .....Tag this Judgment!
Court : Gujarat
Decided on : Aug-25-1967
Reported in : (1968)GLR815; (1968)ILLJ670Guj
..... words, the arbitration provided by chap. xiii is an alternative to the normal processes of the ordinary courts and not to the extraordinary process of adjudication under the industrial disputes act, 1947, which has been designed to deal with controversies which by their very nature are outside the purview of ordinary litigation.' the position, therefore, is that the dispute referred to the ..... of law proceeds son the footing that no power exists in the courts to make contracts for people, and the parties must make their own contracts. the courts reach their limit of power when they enforce contracts which the parties have made. an industrial tribunal is not so fettered and may create new obligations or modify contracts in the interests of ..... undoubtedly a distinction between commercial and industrial arbitration. as has been pointed out by ludwig teller (labour disputes and collective bargaining), vol. i, p. 535 : 'industrial arbitration may involve the extension of an existing agreement, or the making of a new one, or in general the creation of new obligations or modifications of old ones, while commercial arbitration generally concerns itself ..... sits workmen cans be referred to an industrial tribunal set up under the industrial disputes act. section 50(1) of the punjab co-operative societies act was substantially in the same terms as s. 54(1) of the bombay act of 1925. it contained a proviso almost in the same terms as sub-section (3) of s. 93 of the present maharashtra co-operative .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Feb-21-1967
Reported in : AIR1967SC1801; (1968)0GLR390; 2SCR679
..... that courts can look into the legislative practice was again adverted to in ralla ram v. the province of east punjab  f.c.r. 207 where the question related to the vires of a punjab act taxing the owner of buildings and lands on their annual value. there the contention was that the tax was ..... lays down that for the purposes of sub-section (1) of section 127 property taxes shall comprise the taxes mentioned which shall, subject to the exceptions, limitations and conditions provided, be levied on buildings and lands in the city. one of these mentioned in clause (c) is a general tax of not less ..... included in land or building. counsel conceded that entries in legislative lists were certainly to be construed very widely but even then no artificial meaning or arbitrary extension of the meaning of the words in an entry could be allowed. 33. in this connection, our attention was drawn to the observations of gwyer, ..... buildings of the universities, etc. on the basis of a flat rate per 100 sq. ft. of the floor area of the property situate within the municipal limits of the city. in writ petitions nos. 133, 156-157, 159-171, 178, 184 and 234 of 1966, the challenge relates to the validity of ..... in the appeals related to the validity of rule 2c framed under the bombay municipal boroughs act, 1925. under section 73 of the act the municipality was entitled to levy a rate on lands and buildings. in 1947 new rules were made after obtaining the approval of the government of bombay for the purpose .....Tag this Judgment!
Court : Kolkata
Decided on : Sep-29-1967
Reported in : AIR1968Cal407,72CWN440
..... also a decision of the supreme court, in : 35itr190(sc) . in that case the validity of a settlement under section 8-a of the taxation on income (investigation commission) act, 1947 was challenged. the question of discrimination among tax evaders was raised and dealing with article 14 it was held that the article was an admonition addressed to the state which ..... an offence within the meaning of this section. 340. wrongful confinement. -- whoever wrongfully restrains any person in such a manner as to prevent that person from proceeding beyond certain circumscribing limits, is said 'wrongfully to confine' that person''.both are cognizable offences.section 351 deals with assault. section 357 deals with assault or criminal force in attempt wrongfully to confine a ..... jurists all over the world to be a brilliant piece of legislation. the indian penal code and the code of criminal procedure, have been widely followed in the middle east, the far east and in africa.16. chapter va of the code deals with criminal conspiracy and we are concerned with section 120a which is set out below:'120a. definition of criminal ..... from both legislative and executive tyranny by way of discrimination.' again, in the lachmandas v. state of punjab : 2scr353 subba rao. j (as he then was) said:'this subject has been so frequently and recently before this court as not to require an extensive consideration. in state of u. p v. deoman upadhyaya : 1960crilj1504 , i have described briefly the doctrine of .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Feb-27-1967
Reported in : AIR1967SC1643; 1967(0)BLJR818; 2SCR762
..... 1952]1scr89 case that the fundamental rights are amendable. the power to frame the constitution was vested in the constituent assembly by s. 8(1) of the indian independence act, 1947. the constitution though legal in its origin was revolutionary in character and accordingly the constituent assembly exercised its powers of framing the constitution in the name of the people. the ..... ceiling on holdings. - laws imposing ceiling on agricultural holdings have been enacted in all the states. in the former punjab area, however, the state government has the power to settle tenants on land in excess of the permissible limit although it has not set a ceiling on ownership. according to available reports over 2 million acres of surplus areas in ..... are two main trends - the liberal idea of individual rights protecting the individual and the democratic idea proper proclaiming the equality of rights and popular sovereignty. the gradual extension of the idea of equality from political to economic and social fields in the modern state has led to the problems of social security, economic planning and industrial welfare ..... , indian court by interpretation reject retroactivity to statutory provisions though couched in general terms on the ground that they affect vested rights. the present case only attempts a further extension of the said rule against retroactivity. 75. our constitution does not expressly or by necessary implication speak against the doctrine of prospective over-ruling. indeed, arts. 32, 141 .....Tag this Judgment!
Court : Kolkata
Decided on : Feb-28-1967
Reported in : 20STC345(Cal)
..... office in calcutta and its factories in jamshedpur. the assessee was a registered 'dealer' under the bihar sales tax act, 1947, and, so far as west bengal was concerned, under the central sales tax act, 1956, for the period 1st july, 1957 to 31st march, 1958. west bengal assessed the assessee under ..... on levying of taxes on sales of goods irrespective of whether the property in the goods passed within the province or not. the only limitation was that the province concerned had to have a territorial nexus with one or more elements constituting the transaction of sale. the result of ..... works v. commissioner of sales tax, m.p. and ors.  15 s.t.c. 602 and the decision of the punjab high court in prem payari aggarwal v. punjab state  18 s.t.c. 150.27. we have seen, when mr. banerjee was arguing, that expressions like 'there was ..... the director of supplies and disposals, ministry of works, housing and supply at 6, esplanade east, calcutta. the schedule to the acceptance of tender contained, inter alia, the following particulars :-1. name and address of the messrs jeewanlal (1929) limit-contractor ... ed, 31, netaji subhas road,calcutta.3. name of indentor ... c. ..... deputy accountant-general, industries and supplies at p-2, mission row extension, calcutta, for the value of the goods supplied.3. the appellant is a dealer under the west bengal finance (sales tax) act, 1941 (hereinafter called 'the west bengal act'). in its return submitted before the commercial tax officer, west bengal .....Tag this Judgment!
Court : Chennai
Decided on : Mar-31-1967
Reported in : (1968)1MLJ37
..... a question arose, whether the validity of a plaint for the purposes of section 4 of the limitation act (1887) depended on its validity for the purpose of the court fees act (1870), it was observed:one of its (court fees act) main purposes, no doubt, is to levy fees for services to be rendered by courts and ..... . conditions have materially changed since then and litigation has grown enormously in variety and complexity. the application of the old rules to altered facts and the extension of the rules to cover new cases have resulted in a jumble of statutory and case-law which, at many points, is indefeasible on principle and ..... corporation by that section.79. in delhi cloth and general mills v. chief commissioner, delhi a.i.r. 1964 p&h492;, a division bench of the punjab high court had to examine the validity of the payment of rs. 1,25,157-50 as registration fee, the contention being that it was not a ..... . the matter was not in actual controversy before the court in that case.54. examining the history of the levy in the fifth report (1812) on east india affairs, volume i, at page 63, to which our attention has been drawn by the learned advocate-general for the state and counsel for the suitors ..... state of orissa v. chakobhai chelahhai & co. : 1scr719 , already referred to, the fees levied under rule 59 of the orissa sales tax rules, 1947, were challenged as an illegal levy, and a direction for refund of the fees paid was prayed for. the rule in question enabled the levy of a fee of .....Tag this Judgment!
Court : Mumbai
Decided on : Aug-23-1967
Reported in : AIR1972Bom254; (1972)74BOMLR22
..... assessment of the effect of that supreme court judgment in deciding the point raised before us it is necessary to first refer to the material provisions of the punjab act.12.the preamble of the punjab act states that it was passed to provide for eviction of unauthorised occupants from public premises and for certain incidental matters. section 2 (e) defines 'public premises' and ..... of bakshi gulam mohamed reported in : air1967sc122 . the supreme court was concerned in that case with a fact finding enquiry and not a quasi judicial enquiry. moreover, the statute expressly limited the right of cross - examination. it cannot therefore be contended that the observations made by the supreme court in that judgment apply to quasi - judicial enquiries.34.mr. sorabji also ..... premises to show cause against the proposed order, on or before such date as is specified in the notice. if such person makes an application to the commissioner, for the extension of the period specified in the notice, the commissioner may grant the same on such terms as to payment and recovery of the amount claimed in the notice, as he ..... that point arises during the course of our judgment.16.the bombay rents, hotel and lodging house rates control act, being act 57 of 1947, gives special protection to tenants, inter alia, of premises situated within the area of greater bombay, section 4 of that act, however, excludes the application of its provisions to nay premises belonging inter alia, to a local authority, which .....Tag this Judgment!