Court : Supreme Court of India
Decided on : Dec-19-1975
Reported in : AIR1976SC404; 1976LabIC297; (1976)ILLJ288SC; (1976)1SCC529; 3SCR110
..... creation of two posts of additional district and sessions judges for a period of one year in the first instance, consequent on the amendment of bengal. agra and assam civil court act. 1887.5. on may 22, 1959, the government sanctioned the creation of two posts of peripatetic district and sessions judges for ..... officers under clause (b) of rule 16, in the chronological order of their confirmation.21. this court has recently held in the high court of punjab and haryana v. state of haryana : 3scr365 that the power of confirmation of district judges is a part of the power of control vested ..... of determining the seniority in the service is also with the high court. of course in determining the seniority the high court is bound to act in accordance with the rules validly made by the governor under the proviso to article 309 of the constitution.22. be that as it may, ..... and sessions judges ahead of the petitioner and its recommendation in that behalf was accepted by the government. due to certain circumstance, the petitioner started acting as such earlier than respondents 3 to 5. the bihar civil list published in march 1968 showed the petitioner as no. 10 and respondents 3 ..... of respondent from that post was not in public interest, the high court recommended temporary upgrading of that post. it further recommended that respondent should act as additional district and sessions judge in the second longer vacancy and in case the state government did not think it proper to relieve him, the .....Tag this Judgment!
Court : Orissa
Decided on : May-13-1975
Reported in : AIR1976Ori138
..... 1945 pc 156 at p. 160) in connection with rule 25 of the defence of india rules made under section 2 of the defence of india act, 1939, as amended in 1940, and the privy council held that though the rule did not fall under any of the matters enumerated in sub-section (2) of ..... is violative of article 31(2) of the constitution inasmuch as market price is not paid to the land-holder by way of consideration. reliance has been placed by the state on the twentyfifth amendment of the constitution and the decision of the supreme court in the case of kesavananda v. state of ..... within 7 days from the date of service of such notice or order, appeal to the tahasildar exercising jurisdiction in the area in which the land of the land-holder referred to in the notice or order is situated.(2) the tahasildar shall fix the date, time and place for the hearing of ..... of sub-section (2) of section 2 of the defence of india act which the privy council was considering.....'a similar question came up for consideration of the court in the case of kangra valley state co. ltd. v. state of punjab, (1969) 3 scr 165. the court was dealing with the provisions of the ..... distribute foodstuff through a public distribution system. to keep up the system of public distribution, acquisition of appropriate stocks of food-stuffs is indispensable. for the said purpose, the order has been promulgated.parliament by the act vested adequate powers in the central government to meet such situations and the central government in .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Feb-11-1975
Reported in : AIR1975SC667; (1975)4SCC769
..... or his agent as an inducement to them to vote on his behalf that requires to be condemned as a corrupt practice. clause (5) of section has been amended suitably for this purpose.9. on analysis clause (5) of section 123 falls into two parts. the requirements of the first part are: (i) the ..... and send any daily diary to the deputy inspector general of police as required by the rules.137. rule 21.36, ch. xxi vol. ill, of the punjab police rules, as applicable in the state of haryana, prescribes the duties of the range mobile traffic patrols. such duties, among others, include the checking of ..... whether propelled by mechanical power or otherwise and whether used for drawing other vehicles or otherwise.8. clause (5) of section 123 has been amended more than once. section 26 of central act 58 of 1958 inserted in it the words 'with the consent of the candidate or his election agent'. section 53 of ..... record to suggest that tara chand's relations with lakhi ram and his son were likely to be estranged. tara chand was asked whether he was cultivating the land of pyara of rathdana. he blatantly denied it. on this point his version stands falsified by the entries in the khasra girdawri, ex. r. w. 17 ..... part of the clause.11. in the view we take we are fortified by the dictum of this court in joshbhai chunibhai patel v. anwar beg mirza : 2scr97 , wherein hidayatullah, c.j., speaking for the court, analysed the requirements of the clause, thus:it will be noticed that this section also speaks of .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Sep-05-1975
Reported in : AIR1976SC313; (1975)2SCC736; 1SCR689; 37STC77(SC)
..... statutory provision permitting the assessment of a dissolved firm. the court found that there was a lacuna in the punjab act of 1948 which was filled up later by an amendment but that amendment was not retrospective. finally, the court touched upon the conflicting decisions of the high courts on the point ..... that though under the partnership law a firm was not a legal entity, the firm was an independent assessable unit for the purposes of the punjab act. if that be so, on dissolution, the firm ceased to be a legal entity and could not be assessed in the absence of a ..... 32itr190(sc) ; , commissioner of income-tax, madras v. ajax products ltd. : 55itr741(sc) ; , commissioner of income-tax, gujarat v. b. m. kharwar : 72itr603(sc) , commissioner of income-tax, west bengal v. vegetable products ltd. : 88itr192(sc) ; the principle is variously expressed by saying that in fiscal statutes one must have ..... section 19(3) of the 1959 act apart while construing the 1953 act because it is the courts, not the legislature, who have to construe the laws of the land authoritatively. as said in craies on statute law, 'except as a parliamentary exposition, subsequent acts are not to be relied on as ..... an aid to the construction of prior unambiguous acts' (6th ed., p. 146). the limited use which may .....Tag this Judgment!
Court : Delhi
Decided on : Aug-14-1975
Reported in : ILR1976Delhi95
..... , and that the high court exercising any other original jurisdiction would fall within the definition of district judge'. in the meanwhile, however, the indian succession act had been amended by act 18 of 1929 by the addition of clause (bb) of section 2. and that is why the bench to which the case was referred felt relieved ..... ordinary original civil jurisdiction in every suit the value of which exceeds fifty thousand rupees and, thereforee, to that extent, after coming into force of the aforesaid act as amended, this court has become the principal civil court of original jurisdiction, as held by this court in the case of bakshi lochan singh (supra), but the ..... and other jurisdiction, as under the law in force immediately before the appointed day, is exercisable in respect of the said territories by the high court of punjab. (2) notwithstanding anything contained in any law for the time being in force, the high court of delhi shall also have in respect of the said ..... ; t. j. george s/o thattil joseph v. mrs. lucy kochuvarred, : air1963ker188 ; justiniano augusto da p. barreto etc. v. antonio vicente de fonseca etc., air 1969 goa 124 and .(27) the basic question that requires consideration, thereforee, is whether the testator had, at the time of his death, any property in goa and as to ..... h.l. anand, j.(1) this judgment would dispose of two connected appeals, being f.a.os. 58 and 59 of 1969, and c.ms. 27 of 1971, 627 of 1971 and 608 of 1973 in the former and c.m. 644 or 1973 in the latter .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Feb-20-1975
Reported in : AIR1975SC1007; (1975)1SCC492; 3SCR607; 35STC537(SC)
..... not carry out the mandate of the legislature.14. in devi dass gopal krishnan v. state of punjab : 3scr557 the question was whether section 5 of the east punjab general sales tax act, 1948, which empowered the state government to fix sales tax at such rates as it thought fit ..... retail in certain taluks in the state of karnataka for a period of 18 months beginning from 28-12-1967 and ending on 30-6-1969. he purchased arrack from the government at a price of 17 paise per litre and the government collected besides the sale price of arrack ..... queensland legislature was entitled to use any agent or machinery that it considered appropriate for carrying out the object and the purposes of the acts and to use the commissioner for transport as its instrument to fix and recover the licence and permit fees, provided it preserved its own ..... american administrative law' it is stated :in britain, parliamentary control over delegated legislation is exercised through the various forms of 'laying' prescribed in enabling acts. through them, the legislature is enabled at least in theory to exercise a continuing supervision over administrative rules and regulations. 21. as dean landis pointed ..... and weaving mills : 3scr251 , the main question was about the constitutionality of delegation of taxing powers to municipal corporations. the delhi municipal corporation act (66 of 1957) by section 113(2) had empowered the corporation to levy certain optional taxes. under section 150, power was given to the .....Tag this Judgment!
Court : Delhi
Decided on : Sep-15-1975
Reported in : ILR1977Delhi23; 1977RLR312
..... an order of detention was made on or after the 25th day of june, 1975 but before the commencement of the maintenance of internal security (amendment) ordinance 1975, shall, unless such person is sooner released from detention, be reviewed within fifteen days from such commencement by the appropriate government for ..... of schedule 1 of the acquisition of land (authorisation procedure) act, 1946) which gave finality to such orders did not postulate only lawful orders or those made in good faith. lords reid and somerville of harrow dissented. in the subsequent case of anisminic, ltd. v. the foreign compensation commission, 1969 (1) all e.r. ..... not prepared to go as far as the holding in smith. mudholkar, j. spoke for the majority in the above manner in somawanti v. state of punjab : 2scr774 . on the merits the petitions, which were filed under article 32 were dismissed. subba rao, j. (as he than was) dissented ..... was, however made therein to the observation of hidayatullah, j. (as he then was) in ram manohar lohia's case (not makkan singh v. state of punjab, a.i.r. 1964 s.c. 380 (30), as incorrectly noticed that the president (when he issued the ordinance of 1962) 'did not make lawless ..... the constitution since the order was not supported by any valid legislation. the observations of mukherjea. c.j. in ram jawaya kapur v. state of punjab : 2scr225 , which were relied upon as enabling the state to issue executive orders without legislation, were explained as having been made in the .....Tag this Judgment!
Court : Karnataka
Decided on : Mar-27-1975
Reported in : AIR1975Kant225; 1975(2)KarLJ316
..... hound to execute the decree. 15. mr. sequira relied on the decision in mr 1974 sc 994, (state of punjab v. amar singh). that is a case under the punjab security of land tenures act, 1953. it was held by the majority that where a compromise contravenes a public policy, prescription of a statute or ..... . it is urged by mr. s. m. sait for the decree-holder that the fact that the judgment-debtor did not object to this amendment shows that he impliedly admitted, at the time the order was passed by the court accepting the terms of the compromise petition, the allegation of ..... otherwise is to be judged also on the ground whether the terms of the compromise are consistent with the provisions of the rent act. the decisions in : 2scr432 , (bahadur singh's case) : 2scr1048 , (kaushalya devi's case) and : air1970sc794 , (ferozi lal jain's case) were considered and it was observed ..... '.....the true approach has beenpointed out by our learned brother, vaidialingam, j. he has pointed out that while the decision in bahadur singh's case : 2scr432 was an authority for the proposition that a court ordering eviction has to satisfy itself that a statutory ground of eviction has been made out by a ..... passed solely on the basis of the compromise arrived at between the parties. no doubt reading of the order of the court dated march 31, 1969, isolated from all other circumstances, may give the impression that the decree for eviction is passed because of the compromise between the parties. it is .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Jul-15-1975
Reported in : 103ITR222(AP)
..... in a revision petition under section 115 of the civil procedure code. the matter was finally referred to a full bench and it held that section 138 of the income-tax act, 1961, as amended from time to time, only enables the commissioner of income-tax to disclose certain information to public officers and any other person as specified therein and does not apply ..... , 1964. it was held that the privilege conferred under section 137 was available in respect of the returns.39. we have already referred to the full bench decision of the punjab high court in amar singh lamba v. sewa singh which fully supports our conclusions. there is an earlier decision of a division bench in, o.p. aggar-wal, income-tax ..... during the lifetime of the father, appanna, and the three branches took possession of their respective 1/3rd shares. however, the plaintiffs and all other members agreed to keep the lands jointly and consequently they alone were kept joint while the rest of the properties were divided. so, according to him, the allegation that all the properties are still kept joint ..... public officers who discharge executive functions by imposing and collecting tax. one of us (sambasiva rao, actg. c. j.) held in vijaya kumar machinery & electrical stores v. alaparthi lakshmikanthamma : 74itr224(ap) , that the income-tax returns are public documents. since they are originals themselves of public documents, they require no further proof. for this re'ason, we uphold the .....Tag this Judgment!
Court : Delhi
Decided on : May-19-1975
Reported in : 1976RLR52
..... 1970 rcj 922 (sc). amarjit singh, thereforee, remained liable in his individual capacity as well as in his capacity as partner of the firm and the amendment in the description of the firm did not introduce any separate legal entity (see purushottam umedbhai and co. v. m/s manilal and sons, : [1961 ..... singh had been imp leaded and this was only a case of misdescription and so the petition was within time. further, following a decision of the punjab high court reported as mehta goods carrier (p) ltd. delhi v. darshan devi and others, , the tribunal condoned the delay against respondent no. ..... ]1scr982 , and jai jai ram manoharlal v. national building material supply, air 1969 sc 1967). moreover, i agree with the court below tnat me substitution of the name was a correction of misdescription, as the clai- mants had really ..... by pleading that at that time the vehicle was not being used. (14) the counsel has taken me through the various provisions of the act. where the act has used diverse expressions, like driving, parking, using, stopping, retraining stationary, etc., but, these expressions are employed when the legislature intended to ..... one of the partners. the claim petition was, thereforee, amended and the firm was imp leaded as respondent no. 2. the counsel submits that the amendment had been allowed after the period of limitation prescribled by section 110-a of the act had been expired. this has been discussed by the tribunal .....Tag this Judgment!