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1954 (5) TMI 42
... ... ... ... ..... recess of a palace and it never saw the light of the day and the claim made by the Advocate General that the order has the force of law cannot be supported by mere resprt to the theory of the prerogative. 34. In view of the above discussion, it is unnecessary to consider the argument of the learned Counsel for the Petitioner founded on Article 19 and Article 14 of the Constitution, and in consequence I do not even touch upon it. 35. According to Article 265 of the Constitution no tax can be levied or collected, except by t....... + More
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1954 (5) TMI 41
... ... ... ... ..... tion when there has been any failure to comply with any of the provisions of section 33........ 25. The only jurisdiction the Returning Officer has at the scrutiny stage is to see whether the nominations are in order and to hear and decide objections. He cannot at that stage remedy essential defects or permit them to be remedied. It is true he is not to reject any nomination paper on the ground of any technical defect which is not of a substantial character but he cannot remedy the defect. He must leave it as it is. If it ....... + More
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1954 (5) TMI 40
... ... ... ... ..... As the accounts were not made up for a year after the commencement of the business, the assessee was not entitled to invoke the latter part of Section 2(11)(c). If that part of Section 2(11)(c) could not apply, obviously the assessee could not invoke the benefit of Section 2(11)(c) and contend that the assessee had no previous year at all within the meaning of the Act for the assessment year 1948-49. If so, only the part of Section 2(11)(c) would apply, that is, for the assessment year 1948-49 the accounting period is from....... + More
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1954 (5) TMI 39
... ... ... ... ..... Judge returning a petition filed under Section 53-A (4) of the old Act for setting aside the order dated 7-12-1950 passed by the Hindu Religious Endowments Board removing the petitioner from the office of the trustee, the basis of the order being that on the coming into force of the new Act that court had ceased to have jurisdiction to entertain the petition. We have also remarked that on a correct interpretation of the provisions of the statute the court's jurisdiction has not been ousted with regard to the pending pr....... + More
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1954 (5) TMI 38
... ... ... ... ..... re even more important than they are in England where the general level of education is so much higher. We hold that the conduct of Mr. G amounts to professional misconduct and as it was committed in the face of the Bombay view expressed by Sir Lawrence Jenkins in 1901 disciplinary action is called for. 22. Now had Mr. G been as restrained and objective in his petition under article 32 as he was while arguing the case before us, we might have considered a warning enough seeing that his is the first time this question has b....... + More
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1954 (5) TMI 37
... ... ... ... ..... ctural. 18. Mr. Naunit Lal also attempted to argue that he could support the decision of the Tribunal on other grounds which had been found against him and referred to the analogy of the Code of Civil Procedure which permits a respondent to take that course. That provision has no application to an appeal granted by special leave under article 136. We have no appeal before us on behalf of the respondents and we are unable to allow that question to be reagitated. 19. The result is that we set aside the order of the Tribunal ....... + More
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1954 (5) TMI 36
... ... ... ... ..... r receipts which he admitted were given to him. The Magistrate states in his judgment that the genuineness of the receipts was not at all challenged by the prosecution; but still the High Court says that the receipt for ₹ 2 was a forged one, and even though Ghammanlal might have made a false statement in saying that he paid the money at Lohara Sarai, the defence story could not be accepted as correct. In our opinion the High Court's approach to the case has been wrong from the start. It did not apply the principl....... + More
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1954 (5) TMI 35
... ... ... ... ..... h Court to issue a writ of certiorari, the matter might have been different, but the situation, as it stands, is that there are no such express words, and I am, therefore, not prepared to hold that the Courts are precluded from issuing a writ of certiorari to the Government where they come to the conclusion that the notification under Section 6 should not be made as the purpose of the acquisition cannot possibly be 'useful to the public'. This objection of the learned counsel for the respondents, therefore, fails, ....... + More
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1954 (5) TMI 34
... ... ... ... ..... s Court in his' affidavit dated 30-11-1953. In that undertaking the opposite party promised to vacate the premises by 25-2-1954. From that date he has had a period of two months and a half and as he has not been able to comply with-the undertaking during this period, we find no reason for holding that any useful purpose will be served by allowing him to comply with the undertaking by adjourning this case for a further period of one month. 9. We accordingly convict the opposite party Chintaharan Das for having committed....... + More
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1954 (5) TMI 33
... ... ... ... ..... es of profit. In any view it cannot be argued that even if a Chairman or a member of a Government committee works in a purely honorary capacity and there is no remuneration attached to the office, he will still be regarded as a person holding office of profit in view of the provisions of the section. This provision might in our opinion have been made only out of abundant caution and nothing else. We think therefore that the view taken by the High Court is not right and as we hold that the appellant was not holding any offi....... + More
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1954 (5) TMI 32
... ... ... ... ..... f the opinion that the amount of compensation awarded by the Trial Court to the Appellant was justified under the circumstances. This ground also does not avail the Respondent. 16. The amount of pension, viz, ₹ 43-11-0 per month which was granted by the Saurashtra State to the Appellant was not the subject-matter of the suit. The amount of compensation clamed by the Appellant was over and above the said amount of pension and the Trial Court adjudicated upon such compensation. The Appellant's rights in regard to t....... + More
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1954 (5) TMI 31
... ... ... ... ..... y with regard to Kharagpur forest. The facts found by the Tribunal are that sal and ebony trees which grew in the forest were conserved by allowing each tree a circle of 15 feet, that there was cutting down of the trees and jungles which fell within that circle leaving sufficient space for growth, and that forest conservancy staff, consisting of Forest Guards, Inspector of Forest, and other servants, was maintained to look after the forest. As regards coppice work there is some material to show that a scheme was prepared f....... + More
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1954 (5) TMI 30
... ... ... ... ..... icle 135(1) for special leave. 8. Regarded from the angle, this is not a proper case for special leave. The High Court gives a clear finding that there were more than five persons and believes the eye-witnesses who identify the two appellants. The mere fact that only two out of the band of attackers were satisfactorily identified does not weaken the force of the finding that more than five were involved. The use of section 149 Indian Penal Code was therefore justified and the convictions are proper. 9. We see no reason to ....... + More
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1954 (5) TMI 29
... ... ... ... ..... stitution a further condition for the receipt by Anglo- Indian Schools, of the special grant secured to them by that article. On the other hand if clause 7 is to be treated merely as advice, which may or may not be accepted or acted upon,then clause 5 will amount to An absolute prohibition against the admission of pupils who are not Anglo-Indians or citizens of non-Asiatic descent into Anglo-Indian Schools and will compel the authorities of such Schools to commit a breach of their Constitutional obligation under article 33....... + More
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1954 (5) TMI 28
... ... ... ... ..... stages, that was due to coincidence and not to adoption of the report of the Commission by the 'Committee. Mr. Nambiar also referred us to two Resolutions of the appellant dated 4th January, 195 1, and 6th October, 195 1, adopting the scale fixed by the Commission in respect of certain other categories. That has no bearing on the question whether the Committee whose recommendations were approved by the Government had adopted in part the Report of the Commission so as to result in discrimination. The facts stated above ....... + More
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1954 (5) TMI 27
... ... ... ... ..... a on the basis. of which the goods have been classified and the presumption raised by the section obviously have a rational relation to the object sought to be achieved by the Act. The presumption only attaches to goods of the description mentioned in the section and it directly furthers the object of the Act, namely, the prevention of smuggling, and that being the position the impugned section is clearly within the principle enunciated above, not hit by Art. 14. The impugned section cannot be struck down on the infirmity ....... + More
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1954 (5) TMI 26
... ... ... ... ..... effect any essential change in the Act or alter its policy. The notification of 23rd April, 1951 does, in our opinion, effect a radical change in the policy of the Act. (I) 5 I.A. 178. There fore, it travels beyond the authority which, in our judgment, section 3(1)(f) confers and consequently it is ultra vires, It is not necessary to examine the vire8 of section 5 of the Act of 1915 which was also impugned because no action taken under it has hurt the appellant and so he cannot question its vires. The result is that the ap....... + More
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1954 (5) TMI 25
... ... ... ... ..... declare his election to be void. Under section 98 of the Act this is one of the orders which the Election Tribunal is competent to make. If it is said that section 100 of the Act enumerates exhaustively the grounds on which an election could be held void either as a whole or with regard to the returned candidate, we think that it would be a correct view to take that in the case of a candidate who is constitutionally incapable of being returned as a member there is non-compliance with the provisions of the Constitution in t....... + More
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1954 (5) TMI 24
... ... ... ... ..... quite sufficient for the purpose of disposing of this appeal and it is not necessary to go into the several other minor points raised before us. In our opinion the appellants have made out a valid ground for allowing their application for review. We accordingly allow this appeal, set aside the judgment of the High Court and admit the review. As the different points involved in this appeal are intimately interconnected we direct the entire appeal to be reheard on all points unless both parties accept any of the findings of ....... + More
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1954 (5) TMI 23
... ... ... ... ..... e policy of the appellants in making test cases of this character. The only thing that impresses us in this case is that the unfortunate first respondent has had to bear the brunt of the battle and has been worsted in this preliminary point which was found in her favour both by the trial Court and the Court of appeal. We cannot make any order for costs in her favour. But we think that the justice of the case requires that the appellants as well as the first respondent will bear and pay their own respective costs both here ....... + More