Court : Supreme Court of India
Reported in : AIR1975SC2292; [1975(31)FLR383]; 1975LabIC1748; (1976)1SCC236; [1976]2SCR184; 1975(7)LC895(SC)
..... without rhyme or reason criticising the counter-affidavit and making allegations against mr. p.s. jain, counsel for the board and the secretary of the board, and that he was acting beyond the scope of his activities as a legal assistant in the office of the deputy, commissioner, karnal and was ever-reaching the deputy commissioner. 4. the appellant was appointed .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1975SC1703; 1975CriLJ1494; (1975)4SCC241
..... field at abrewala where jawar had been grown and the crop was being damaged by the she-buffaloes belonging to the accused. the deceased badam singh protested against the highhanded act of the accused in trying to damage his crop which fell on the deaf ears and the accused continued to graze their she-buffaloes in the field in spite of ..... fired at the de ceased no doubt intending to kill him. there is no brutality or dastardliness about the crime committed by gajendra singh. indeed if he had intended to act in a more cruel fashion, he could have aimed the blow at the heart or at the head of the deceased, particularly when his father had already hit a lathi .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1975SC155; (1975)3SCC512; [1975]2SCR612; [1975]35STC95(SC)
..... 645; southerland's statutory construction 3rd edn. vol. i, paragraphs 2014 and 2022 pp. 468 and 490). broadly speaking, the principal object of a repealing and amending act is to 'excise dead matter, prune off superfluities and reject clearly inconsistent enactments-see mohinder singh v. mst. harbhajan kaur .18. the ground having been cleared, ..... also inserted new section 24a, to the effect:24a. notwithstanding anything contained in the west bengal sales tax (amendment) act, 1958, this act shall continue to apply to-(i) cigarettes sold before the commencement of that act, and(ii) cigarettes in respect of which no additional duties of excise have been levied under the additional duties ..... s. sarkaria, j.1. whether the sale of cigarettes after the enactment of west bengal sales tax (amendment) act, 1958 (for short, the 1958 act) is governed by the bengal finance (sales tax) act 1941 (for short, the 1941 act) and, as such, a dealer in the state of west bengal is entitled to the benefits under .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1974SC1290; 1974CriLJ1044; (1975)3SCC16
..... accept as illegal gratification a large sum of money to screen him from prosecution for the illegal possession and transport of opium under section 65-a of the bombay prohibition act, and for committing an offence punishable under section 120-b of the indian penal code. all the three accused were acquitted of this charge. they were also charged that ..... are listed in ext 36. the panchas who witnessed these panchnamas are manik maruti patil, p.w. 8, dadarao and indrajit. chandrasha madule, p.w. 7 was called to act as pancha but he was not called on to witness them though he says he sat there for a pretty long time and watched the activities of the accused officers ..... and convicted him for offences under section 161 read with section 34, i.p.c. and section 5(2) read with section 5(1)(d) of the prevention of corruption act and sentenced him to suffer one year's rigorous imprisonment on that account. the state appeal against a-3 in regard to other offences was dismissed.2. the prosecution case .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1974SC543; (1974)1SCC549; [1974]2SCR768
..... of bombay(1) wherein the constitutional validity of the bombay tenancy and agricultural lands (amendment) act, 1956 was assailed. this court on examining the provisions of the act found that the legislature had laid down the policy of the act in the preamble and enunciated the broad principles in sections 5, 6 and 7 of ..... expedient in connection with the requisitioning : provided that no property used for the purpose of religious worship and no aircraft or anything forming part of an aircraft or connected with the operation or maintenance of aircraft, shall be requisitioned. (2)where the state government makes any order under sub- section (1), it may ..... expedient in connection with the requisitioning : provided that no property used for the purpose of religious worship and no aircraft or anything forming part of an aircraft or connected with the operation, repair or maintenance of aircraft, shall be requisitioned. (2)where the state government makes any order under sub-section (1), it may .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1974SC226; 1974CriLJ312; (1974)3SCC598
..... court affirming the judgment of the special judge, saharanpur. the special judge convicted him under section 161 i.p.c. read with section 5(2) of the prevention of corruption act and sentenced mm to one year's rigorous imprisonment as well as a fine of rs. 100/-2. he was employed as a lekhpal in the consolidation department in 1964 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1972SC2420; (1972)2SCC656
..... , of the representation is too obvious to he stressed. the personal liberty of a person is at stake. any delay would not only be an irresponsible act on the part of the appropriate authority but also unconstitutional because the constitution enshrines the fundamental right of a detenu to rave ms representation considered and it is ..... in the representation of the petitioner, apart from a bare denial of his commission of any offence which necessitated the immediate consideration of the representation. as the act did not empower the government to release the detenu on the strength of the representation without sending the matter to the advisory board, it appears, to us ..... 8, 1972.3. though the petitioner by means of his application dated july 15, 1972 desired to raise some additional grounds challenging the constitutional validity of the act, at the time of arguments this challenge was not pressed before us. the only ground on which emphasis was laid by shri ram panjwani, the learned advocate .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1972SC1674; (1973)2SCC118; [1973]1SCR562; 1973(5)LC94(SC)
..... permits to the state transport undertaking in pursuance of an approved scheme if that undertaking applies for the same, notwithstanding anything contrary contained in chapter iv of the act. sub-section (2) of section 68f(2) as it stood at the relevant time provided :for the purpose of giving effect to the approved scheme in ..... an 'existing permit holder on inter-state route' as contemplated in the clause quoted above. according to him a scheme notified under section 68d(3) of the act cannot be considered to have become effective until the r.t.a. passes appropriate orders under section 68f(2). his next contention was that under the 'bellary scheme ..... up the matter in appeal to the mysore state transport appellate tribunal. meanwhile on april 18,1964, the government issued a notification under section 68d(3) of the act approving the draft scheme earlier issued by it. that scheme is known as 'bellary scheme'. one of the clauses in the scheme provides:the state transport undertaking will .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1972SC484; 1972CriLJ298; (1972)1SCC452; [1972]2SCR666; 1972(4)LC385(SC)
A.N. Ray, J.1. These four appeals are by special leave against the order dated 22 March, 1971 of the High Court at Allahabad dismissing the applications of the appellant under Section 561-A of the Criminal Procedure Code for quashing the proceedings based upon first information report lodged against the appellant by the four respondents.2. The appellant has been living and doing business in the United Kingdom since the year 1963. The appellant is one of the Directors of M/s. H. Gupta (London) Limited and Oriental Wool Crafts Limited carrying on business in England. The company is dealing in the business of carpets imported from India.3. Sometime in the month of June, 1970 four complaints were lodged against the appellant. The complainants are residents of Bhadohi in the District of Varanasi. The complainants are manufacturers of carpets. The complainants came in contact with the appellant in the year 1962. The complainants and the appellant had dealings and transactions in carpets. In ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1972SC223; (1972)1SCC148; [1972]2SCR506; 1972(4)LC262(SC)
..... selecting and applying laws, and that 'the power to apply laws is inherent when there is a power to repeal or amend any act or any existing law applicable to the area in question'.15. the language of paragraph 19(i)(b) is identical with ..... he may make regulations for the peace and good government of any such area and any regulation so made may repeal or amend any act of parliament or of the state legislature or any existing law which is for the time being applicable to such area.clause ..... time being a scheduled area' and which power under sub-paragraph (3) includes the power to repeal or amend, while making such a regulation, any act of parliament or of a state legislature or any existing law which is for the time being applicable to the ..... paragraphs 20, 20a and 21 lay down provisions with regard to the definition of tribal areas, rules as to interpretation and the amendment of the schedule.5. paragraph 1 provides that the tribal areas in part a of the table shall be an autonomous district. .....
Tag this Judgment!