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Showing 21 to 27 of 27 Records
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1954 (12) TMI 20
... ... ... ... ..... een no such defect in the investigation in this case as to call for interference. In the result, therefore, Criminal Appeal No. 95 of 1954 is dismissed. Criminal Appeals Nos.96 and 97 of 1954 are allowed with the direction that the Special Judge will take back the two cases out of which these appeals arose on to his file and pass appropriate orders after reconsideration in the light of this judgment. Criminal Appeal No. 106 of 1954. This is an appeal by special leave against a common order of the High Court of Punjab relating to Cases Nos. 19 to 25 of 1953 before the Special Judge, Delhi. It raises the same questions which have been disposed of by our judgment in Criminal Appeals Nos. 95 to 97 of 1954. Since the appeal is, in form, one against the order of the High Court refusing to grant stay of the proceedings then pending, it is sufficient to dismiss this appeal with the observation that it will be open to the appellants to raise , the objections before the Special Judge.
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1954 (12) TMI 19
... ... ... ... ..... proviso to section 36(3) and the proviso to section 53(1) of the Indian Sale of Goods Act that all the documents of title enumerated in section 2(4) were assimilated to a bill of lading and a mere transfer of the documents of title in favour of a buyer was tantamount to a transfer of possession of the goods represented thereby. The contention that the Ordinance was ultra vires was not seriously pressed before us. We may however add that the Appeal Court rightly held that the Ordinance came within Head 27 of List 2 of the Seventh Schedule of the Government of India Act --"Trade and commerce within the Province; markets and fair; money lending and money lenders", and that the Provincial Legislature was competent to legislate on that topic. The result therefore is that the appeal will be allowed, the decision of the Appeal Court will be reversed and the decree passed by the Trial Court in favour of the Appellant will be restored with costs throughout. Appeal allowed.
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1954 (12) TMI 18
Whether the ex parte decree against appellant was made without jurisdiction and was a nullity and that he continued to be a tenant notwithstanding the said ex parte decree?
Held that:- In the present case the Court which passed the ex parte decree was fully competent to decide the matter raised before it on summary application and to pass the ex parte decree which has been challenged by the suit and that the decree of the Courts below dismissing the suit is correct.
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1954 (12) TMI 17
Infringement of fundamental right under Article 14 - Held that:- No suggestion whatever that there has been at any stage any intentional or purposeful discrimination as against the appellants by the Sab-Divisional Magistrate or the District Magistrate or the section 30 Magistrate who actually tried the accused. Further, the discretion of judicial officers is not arbitrary and the law provides for revision by superior Courts of orders passed by the Subordinate Courts. In such circumstances, there is hardly any ground for Apprehending any capricious discrimination by judicial tribunals.
No case of infringement of fundamental right under Article 14 has been made out. Appeal dismissed.
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1954 (12) TMI 16
... ... ... ... ..... ution of legislative and taxation powers under it, there is no prohibition on Parliament to tax exports and the entire control over exports and imports as well as duties on such exports and imports are excluded from the purview of the States. It is not the contention of Mr. Venkatasubramania Aiyar that a tax upon the pur- chase in the present case, even if the act of exportation of the goods is an incident calling the levy into operation, is an export duty. If this were so the relevant article in the Constitution that such a tax could contravene is not Article 286 but Entries 41 and 83 of Schedule VII List I read with Article 246. Learned counsel did not raise any argument upon this basis. I am clearly of the opinion that the sales tax levied on the last taxable purchaser of hides and skins under the Madras General Sales Tax Act does not contravene Article 286(1)(b) of the Constitution and that the levy is valid. I agree with the order of my Lord in these Tax Revision Cases.
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1954 (12) TMI 15
Oppression and Missmanagement ... ... ... ... ..... f the Indian Companies Act. The first sub-section of it runs as follows Without prejudice to any other action that may be taken, whether in pursuance of this Act or any other law for the time being in force, any member of a company who complains that the affairs of the company are being conducted mdash (a)in a manner prejudicial to the interests of the company, or (b)in a manner oppressive to some part of the members (including himself), may make an application to the court for an order under this section. And then elaborate provisions follow as to what the court might do on such an application being made. If the allegation of the petitioner that there had been fraudulent collusion between the managing director and Chellappa Chettiar is true, he can get sufficient and adequate relief by bringing an application asking that the property which Chellappa Chettiar has acquired be brought back and returned to the company. In the result CM.A. No. 316 of 1954 is dismissed with costs.
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1954 (12) TMI 11
Right to obtain copies and inspect trust deed, Winding up - Company when deemed unable to pay its debts, Appeals from orders and Application for
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