Civil Writ - Constitutional Law - Fundamental Rights – Article 19(1)(g) – Bidi Manufacture Ban – Sections 3–4, 1948 Act – Reasonable Restrictions vs. Total Prohibition – Petitions under Article 32 by a proprietor and an employee assailing Deputy Commissioner’s orders prohibiting bidi manufacture in notified villages during agricultural seasons – Held...
Muslim Law - Execution Proceedings – Widow’s Claim of Dower – Priority Question – Widow not Secured Creditor – A widow in possession of her husband’s estate in lieu of unpaid dower raised objection to attachment by a decree-holder creditor – The executing court upheld her claim, treating her position as analogous to a secured creditor – Held: Dower i...
Constitutional Law – Civil Writ - Freedom of Speech and Press – Pre-censorship order – Article 19(1)(a) & 19(2) – Section 7(1)(c), East Punjab Public Safety Act, 1949 – Prior restraint on “Organizer” requiring pre-publication scrutiny of specified classes of matter – Held: Pre-censorship is a restriction on freedom of speech and of the press &nda...
Taxation Law - Income from Property – Section 9(1)(iv) – “Annual charge not being a capital charge” – Deductibility of Bombay municipal property tax and urban immovable property tax – The assessee, an investment company, claimed deduction of municipal property tax and urban immovable property tax paid during the year – Held: Both levies are annual liabilit...
Constitutional Law – Civil Writ - Freedom of Speech and Press – Ban on entry and circulation of newspaper – Article 19(1)(a) & 19(2) – Section 9(1-A), Madras Maintenance of Public Order Act, 1949 – Majority per Patanjali Sastri, J. – Order prohibiting entry/circulation of “Cross Roads” directly restricts freedom of speech and expression as circul...
Labour Law - Industrial Tribunal – Nature of functions – Judicial or quasi-judicial – Tribunal has trappings of a Court and exercises powers analogous to civil courts such as summoning witnesses, administering oaths, and enforcing evidence – However, its awards require Government declaration to become binding – Held: Tribunal discharges quasi-judicial functions but no...
Civil Writ - Fundamental Rights – Right to Carry on Trade – Article 19(1)(g) – Monopoly in favour of a single contractor – Bye-laws of Municipal Board struck down – The petitioner, a wholesale commission agent in vegetables and fruits, was prohibited from carrying on his trade as monopoly rights were auctioned to another person by the Municipal Board – Bye-laws ...
Civil Writ – Habeas Corpus - Preventive Detention – Constitutionality – Article 13(2) & Preventive Detention Act, 1950 – Validity upheld – Petitioner contended that the Preventive Detention Act abridges fundamental rights under Part III and is void under Article 13(2) – Held: The issue already decided in A.K. Gopalan v. State where Act was upheld except Sect...
Civil Law - Agency – Scope of Authority – Commission Note – Authority to Conclude Sale – Construed broadly – The commission note authorised the broker to “negotiate the sale” and “secure a buyer” with stipulations of title being free of encumbrances and good title – Held: Such language implied authority to conclude a binding contract of s...
Limitation – Execution of Decree – Article 182(3), Limitation Act, 1908 – “Review” must be undertaken and decided – Application under Section 36, Bengal Money-Lenders Act dismissed for default – No review “undertaken” or “decision passed on the review” – Time not extended – Held: Art. 182(3) inapplicable [Paras 3-4].
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