Soon thereafter an Ordinance was promulgated (No. The law follows the principle that the maternity of a child is established in the woman who gives birth to it, irrespective of the lawfulness of her connection with the begetter. Under an agreement with the appellant, he came to occupy certain spaces in the Ladies' and Gents' cloak rooms of the Imperial Hotel paying therefore initially at the rate of Rs.

In my view the declaration is a fetter on the jurisdiction of the Municipal Courts including Constitutional Courts to either declare a law to be unconstitutional or decline to give effect to such a law on the ground of extra territoriality. " We also think that the Tribunal should have permitted the amendment because the ground of attack had been clearly made out and the only mistake committed by the appellant was not to put it Advocates in Supreme Court of India proper words," In short, the view of the High Court was that sub.

The respondent then requested the Government to appoint a Special Officer under the provisions of s. para (d) contained the ground under s. The Government by its order dated the 17th of May, 1958, appointed Mr. 1 of 1952) by the West Bengal Government on March 24, 1952, and in due course this Ordinance was replaced by the Act which came into force on July 30, 1952. They are apt words to express that a power is given; and as, prima facie, the donee of a power may either exercise it or leave it unused, it is not inaccurate to say that, prima facie, they are equivalent to saying that the donee may do it; but if the object for which the power is conferred is for the purpose of enforcing a right, there may be a duty cast on the donee of the power, to exercise it for the benefit of those who have that right, when required on their behalf.

Mehta, District and Sessions Judge, Jhalawad District, as a Special Officer to hold an enquiry into the matter and to complete it within three months from the date of the Notification. 800 and subsequently Rs. 373 privilege of keeping such a warehouse but that does not mean that the object and purpose of the Act is not imposition, collection and realisation of duty of excise. 14 of the Constitution. -The appellant is the proprietor of an hotel called the Imperial Hotel which is housed in a building on Queensway, New Delhi.

However, paternity is inherently nebulous especially where the child is not an offspring of marriage. This decision was pronounced on January 11, 1952. nMohammedan law accords the custody of illegitimate children to the mother and her relations. The argument is that by passing the Act the West Bengal Government has attempted to achieve the same result which it intended to achieve by s. Though Article 245 speaks of the authority of Parliament to make laws for the territory of India, Article 245(2) expressly declares - No law made by Parliament shall be deemed to be invalid on the ground that it would have extra territorial operation.

Kapoor, the respondent named above who is now dead, was the proprietor of 'a business carried on under the name of Madam Janes. D-32 is another- link in the chain of fraud perpetrated by the family. I do not think the words it shall be lawful are in themselves ambiguous at all. This indicates that priority, preference and pre- eminence is given to the mother over the father of the concerned child Furthermore, as per Section 8 of the Indian Succession Act, 1925, which applies to Christians in India, the domicile of origin of an illegitimate child is in the country in which at the time of his birth his mother is domiciled.

Section 12 of the Act purports to repeal the earlier Act of 1950 in conformity with the decision of this Supreme Court Law firms in Anwar Ali Sarkar's case (1). We have already held that the said document was an ante-dated one and that the signature of Ajodhyaprasad was forged therein. 5(1) of the earlier Act, and so, according to the appellants, in substance the decision of this Court in Anwar Ali Sarkar's case(1) should govern the decision of the present appeal.

This rule is a means of making the realisation of duty effective and necessarily incidental to effectual legislation for collection of duties. Answering the question, Their Lordships held as under: P[1961] INSC 197; , AIR 1962 SC 1621=(1963) 1 SCR 778, before the seven Judges Constitution Bench, a question came for consideration as to whether an assessment made by an authority under the taxing statute which is intra vires and in the undoubted exercise of its jurisdiction can be challenged under Article 32 of the Constitution of India?

Attorney-General for Canada v. D-32 purports to be a 272 confirmation of the farkatnama dated January 24, 1898. but the appeal preferred by the State was dismissed; and by a majority decision of this Lawyer Supreme Court India not only a part of s. In any case it is urged that the sequence of events which supply the background to the present Act should carefully be borne in mind Lawyers in Supreme Court of India dealing with the merits of the points raised by the appellants.

If so, it follows that Ex. In the case of Ujjam Bai vs. The first submission of Shri Salve must, therefore, fail 5(1) but the whole of it was declared to be ultra vires as being violative of Art. 100(1)(d)(i) of the Act and what was asked for by way of amendment was only a clarification of that ground.