Court : Kolkata
Decided on : Mar-16-1970
Reported in : AIR1970Cal548
..... grant a licence under this act unless he was satisfied about certain matters mentioned in clauses (a) and (b) of that sub-section. it was ..... refer to the decision of the supreme court in the case of state of punjab v. hart kishan, air 3966 sc 1081 upon which reliance was placed by both sides. there the supreme court had occasion to consider similar provision under section 5(2) of the punjab cinemas (regulation) act (11 of 1952). sub-section (1) of section 5 provided that the licensing authority should not ..... came to the conclusion that the state government was not justified in assuming jurisdiction which had been conferred on the licensing authority by section 5 (1) and (2) of the punjab cinemas (regulation) act. if, therefore, the state government required that all applications for the licences to be forwarded to it for disposal, it really converted itself into the original authority itself because section ..... for one year from 1st april to 31st march or for any shorter period subject to certain conditions mentioned therein. rule 87 framed under section 86 of the act deals with licensing and regulation of breweries. it may be relevant to set out the rules as hereunder:--'87 (1) every brewer for sale and every brewer of beer for private consumption .....Tag this Judgment!
Court : Karnataka
Decided on : Nov-27-1970
Reported in : AIR1971Kant244; AIR1971Mys244; (1971)1MysLJ60
..... his contention. mr. venkataranga iyengar relied on two decisions of the supreme court. in state of punjab v. hari kishan sharma, : 2scr982 , a similar question arose under the punjab cinemas (regulation) act. 1952. section 5 of that act is in pari materia with section 5 of the act (the mysore act). gajendragadkar, c. j., who spoke for the court, said thus at p. 1084 :' ..... is necessary to set out the relevant statutory provisions.4. the regulation of cinematographs exhibition in the old mysore area. is governed by the mysore cinemas (regulation) act, 1952 (hereinafter referred to as the act). though the state legislature has enacted the mysore cinemas (regulation) act, 1964 for the entire new state of mysore, that act has not yet come into force.5. section 3 of the ..... act provides, inter alia, that save as otherwise provided in the act, no person shall give exhibit by ..... the supreme court under the bombay cinemas (regulation) act, 1953, in c. a. no. 1435 of 1970 = (air 1971 nsc 44), state of gujarat v. messrs. krishna cinema. section 5 of the bombay act is in pari materia with section 5 of the punjab act and section 5 of the act (the mysore act). rule 5 (2) of the bombay cinema rules, 1954, which is in .....Tag this Judgment!
Court : Allahabad
Decided on : Nov-30-1970
Reported in : AIR1971All290
..... that is a case which is clearly distinguishable. that was a case of grant of a licence for the construction of a cinema house under the provisions of the punjab cinema (regulations) act. according to the supreme court, the scheme of the statute was that when an application for licence was made, it had ..... to be considered by the licencing authority and dealt with under section 5 (1) and (2) of the act. the licence had to ..... 3) the sites of all shops shall be selected with regard to police control especially in case of cities, towns and large villages and traffic regulation needs.(4) no new shop shall be licensed in close proximity to a place of public resort, school, hospital, place of worship or factory ..... the principles of natural justice, the courts should do so because it must be presumed that the legislatures and the statutory authorities intend to act in accordance with the principles of natural justice. but if on the other hand a statutory provision either specifically or by necessary implication excludes ..... order an appeal was provided to the state government. under that act also the licensing authority was to act under the control of the state government. but the state government issued instructions that all the applications for the construction of cinema houses should be forwarded to it for disposal so ,as .....Tag this Judgment!
Court : Delhi
Decided on : Mar-10-1970
Reported in : 6(1970)DLT161
..... so stated in explicit terms. the supreme court in a case reported as the state of punjab and another v. hari krishan sharma while dealing with the word 'control' to be found in section 5(2) of the punjab cinemas (regulations) act opined that having regard to the scheme of the section, it may not be unreasonable ..... order passed by the custodian general. i regret my inability to accept this contention. section 54 of the act is worded in wide terms and clearly provides that the central government may for the purpose of regulating the administration of any property which has vested in the custodian pass such order, as in its opinion ..... the order of custodian general dated 18th july, 1953 has been passed after taking into account the complaint filed by one mohinder singh in the year 1952. it is further alleged that the central government after a lapse of 11 years passed the impugned order dated 3rd may, 1962 by which the said ..... of the constitution send the case back to the central government with a direction that if they wish to exercise power under section 54 of the act they must do so after giving notice to the patitioner and after making avialable to him the report of shri malhotra and any other evidence that ..... was played on the department are matters which are relevant on which if the central government so feels it can take action under section 54 of the act. it cannot be gain said that if as a matter of fact a fraud has been played on the department by under valuing the evacuee property .....Tag this Judgment!
Court : Mumbai
Decided on : Oct-15-1970
Reported in : (1972)74BOMLR391
..... one more person, alleging offences under section 120-b, indian penal code, section 135 of the customs act, 1962, section 5 of the imports and exports (control) act, 1947, section 23 of the foreign exchange regulation act, 1947 and section 417, indian penal code. subsequently, on july 6, 1968, another complaint was filed ..... enforcement a.i.r  s.c. 494, no charge under section 23 or section 23b of the foreign exchange regulation act could be framed at that stage, inasmuch as the director of enforcement had not arrived at the conclusion required by section 23d of the said ..... against the same persons by the director of enforcement alleging offences under sections 23 and 23b of the foreign exchange regulation act, 1947. as the same set of facts gave rise to the two complaints, they were amalgamated and numbered as criminal case no. 59/cw of ..... the impugned sections themselves. the only material contention advanced by mr. sorabji for the petitioners is that in the customs act there are no express provisions, like section 23d of the foreign exchange regulation act, furnishing guidelines for exercise of the discretion conferred by section 137 read with section 135 of the customs ..... provisions of the statute.17. reference was also made to grand cinema v. e. tax officer a.i.r. p&h; 98. in this case, it was contended that although under section 14a and section 15(1) of punjab entertainments duty act (16 of 1955) the offences and penalties are the same, .....Tag this Judgment!
Court : Delhi
Decided on : Jan-12-1970
Reported in : AIR1970Delhi178
..... of india published a resolution appointing the said commission. it is clear, thereforee, on the material placed before us that the said commission was appointed under the commissions of inquiry act, 1952 even though the resolution of the government of india dated 23rd april, 1966, appendix iv, at pages 60-61 of the report, does not expressly set this out.14. the ..... challenged on the following two grounds, both of which were repelled by the supreme court:-'(1) constitution of the legislative assembly of haryana by section 13(1) of the punjab reorganisation act, 1966, violates the mandatory provisions of article 170(1) of the constitution; and (2) by enacting that 8 members of the legislative council who are residents of the union territory ..... through court. it was stated in the counter affidavit filed by miss shyama bahl, deputy secretary to government punjab, reorgnization department, on behalf of the state of punjab (vide paragraph 8 ) that the shah commission was set up under the commissions of inquiry act (lx of 1952). this fact has not been controverter by the filing of a rejoinder. section 3 of the commissions ..... of inquiry act provides that the appropriate government may, if it is of opinion that it is necessary so to .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Jan-23-1970
Reported in : 41CompCas693(P& H)
..... given any additional facilities by the corporation without the prior approval of the government. there then came the re-organisation of the state of punjab under punjab reorganisation act, 1966, and it was then proposed to set up in the state of haryana as well a corporation under the name and style ..... distinct entities no matter that the corporation is owned or controlled by the state and that conduct of business in the corporation will be regulated according to its articles and the statute creating the same and that an authority not envisaged in the articles or the statute can exercise ..... was entitled to a post carrying the same grade and status. it is argued that by virtue of sections 82 and 83 of the punjab reorganisation act, 1966 (act no. 31 of 1966), the service of the petitioner, on his allocation to the state of haryana, was subject to the same conditions ..... to government, haryana, a copy whereof has been filed as annexure 'p' with the writ petition. proviso to section 82(6) of the punjab reorganisation act, 1966, guarantees continuity of service to every government servant by laying down that conditions of service applicable immediately before the appointed day to the case ..... corporation once have been brought into being and registered as a company under the indian companies act, 1956, its affairs are regulated and controlled by its articles only and the provisions of the indian companies act and that the power to remove or dismiss a managing director under art. 84 vests only .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Feb-26-1970
Reported in : AIR1970P& H361
..... situated in the heart of the municipal area, nor is it shown to have been surrounded by any such public buildings as a choultry or a cinema house. on the facts of the present case, we have no hesitation in upholding the finding of the learned single judge to the effect that the ..... andhra pradesh, 1969 andh wr 377. in that case it was held that the land, which was situate in the heart of a town bounded by a cinema house on one side and choultry on the other and abutted on the main road, was essentially fit for construction of dwelling houses and was, therefore, ..... -official letter dated october 15, 1968. from the food secretary, government of india, to the chief secretary, government of punjab, of which communication a copy has been attached as annexure ii to the above said rejoinder. it is stated in the said communication, inter alia, as ..... it has been made clear in paragraph 8 of the rejoinder of the district manager, food corporation of india, dated may 3, 1969, that the punjab government took action for acquisition of the disputed land at the instance of the government of india. reference has been made in the abovementioned rejoinder to demi ..... the food corporation of india is not a company within the meaning of section 3(e) of the land acquisition act.22. mr. m. r. sharma, the learned deputy advocate-general for the state of punjab, then contended that though if it is held that the corporation is neither a company nor a department of .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Mar-18-1970
Reported in : AIR1970P& H502; 1970CriLJ1565
..... the 27th of december, 1965, acquitting each of the respondents of an offence under section 7 of the essential commodities act, 1955 (hereinafter referred to as to the act) read with the punjab gram (regulation of distribution) order, 1964. we are taking them up together as they not only arise from a single occurrence but ..... marked contrast with that of the other sections of the group under the same heading, i.e., sections 193 and 185 to 199.these latter sections regulate the competence of the court and bar its jurisdiction in certain cases excepting in compliance therewith. but section 190 does not. while no doubt, in ..... an invalid investigation nullifies the cognizance or trial based thereon. here we are not concerned with the effect of the breach of a mandatory provision regulating the competence or procedure of the court as regards cognizance or trial. it is only with reference to such a breach that the question ..... at the relevant time he was taking the grams in question on his camel for bikhu khan, as imam of the mosque at balsmand situated in punjab (d.w. 3) who had hired the respondent for this purpose.three witnesses were produced in defence by each of the respondents. barket, a ..... secured by the assistant sub-inspector who also arrested the four respondents as none of them had any permit for the export of grams from punjab to rajasthan.after the investigation had been completed, four reports in writing of the facts above-mentioned were made to the learned chief judicial magistrate .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Oct-13-1970
Reported in : AIR1971SC1676; (1971)ILLJ31SC; (1970)3SCC656
..... deputy inspector-general of police on february 4, 1955. an appeal to the inspector general also failed on april 25, 1956.2. the respondent filed a writ petition in the punjab high court challenging the order of his dismissal. this petition was dismissed by bishan narain j., on august 29, 1957. the respondent preferred an appeal under clause 10 of the ..... a.n. grover, j.1. the respondent was a head constable in the punjab police force. at the material time he was holding the rank of officiating assistant sub-inspector of police. a charge was leveled against him of haying fabricated false evidence while .....Tag this Judgment!