Court : Supreme Court of India
Reported in : (1978)7CTR(SC)0089B
..... provisions of the respective orders passed by the government of west bengal and andhra pradesh.13. we may now notice the prosecutions of the sales tax acts. sec. 2(g) the bengal finance (sales tax) act (6 of 1941) defines a 'sale' to mean 'any transfer of property in goods for cash or deferred payment or other valuable consideration, ..... by a suitable modification of the definition of 'sale' of goods.46. it all began with the reliance in gannon dunkerley on the statement in the 8th edition (1950) of benjamin on sal that to constitute a valid sale there must be a concurrence of four element one of which is 'mutual assent'. the statement is a ..... that the decision in kirkness and 'observations made therein have little relevance in determining the limits of the legislative power of the provincial legislature under the government of india act, 1935, and the interpretation of statutes enacted in exercise of that power'. in fact, if we may say so with great respect, the observation in gannon dunkerley .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1978SC481; 1978(26)BLJR113; [1978(36)FLR198]; (1978)ILLJ312SC; (1978)2SCC358
..... to make out that the driver was employed by the bank, was under its direction and control, was paid his salary by the bank and otherwise was included in the army of employees in the establishment of the bank, we cannot assume the crucial point which remains to be proved. we must remember that there is no case of csnsoufluse or ..... practice of using deceptive devices and the so called independent contractors were really agents or workers of the management posing as independent contractors for the purpose of circumventing the factories act and like statute which compel managements to meet certain economic and social obligations towards the workers. we have no doubt that if in this case there was evidence to show .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1978SC597; (1978)1SCC248; [1978]2SCR621
..... stated 378 u.s. 500 : 12 l. ed. 2d 992. the question which arose for determination in this case related to the constitutional validity of section 6 of the subversive activities control act, 1950. this section prohibited the use of passports by communists following a final registration order by the subversive activities control board under ..... has been used to weaken confidence in the government, has been used to prove that ministers are incompetent and to weaken their confidence in themselves, to make the army distrust the backing it is : getting from the civil power, to make workmen lose confidence in the weapons they are striving so hard to make, to present ..... have been committed by him outside british india. it was held that section 41 of the indian army act, 1911, conferred jurisdiction on the court-martial to try non-british subjects for offences committed by them beyond british india. on a construction of section 43 of the act the court held that the court-martial has powers 'over all .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1978SC921; 1978CriLJ917; 1978MhLJ579(SC); (1978)2SCC630; [1978]3SCR497
..... publishing a fair comment on the merits of a criminal case which has been heard and finally decided and, therefore, he is entitled to the benefit of section 5 of the contempt of courts act. alternatively, it was suggested that even if the court comes to the conclusion that the appellant is guilty of contempt of court, no sentence should be ..... backward area, and, therefore, even if he had strayed slightly from the path of rectitude, the case does not call for sentence as contemplated by section 13 of the contempt of courts act. this submission cannot be fully answered unless we refer to one aspect of the matter which the high court has taken into consideration and which we were ..... from 21st june 1971 that on this date at chandia it was raining, or that damage was caused to particular person ?(e) when the nation's entire might, police army etc., is ready to enforce obedience from every person of the orders of a judge, is it proper that the judge himself should in this manner with his wayward .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1978SC793; 1978MhLJ411(SC); (1978)2SCC542; [1978]3SCR561; 1978(10)LC463(SC)
..... died on november 6, 1956, the 'personal law' which will govern the inheritance to her estate, is hindu law as modified by the hindu succession act, 1956, under section 15 read with section 8 of the act, respondent no. 1 being a preferential heir, will exclude the appellants from inheritance to the estate of smt. sarji.13. before dealing with these ..... the code is not a law dealing with devolution of tenancy rights in agricultural holdings and, as such, is not covered by the saving clause in section 4(2) of the act. section 151 is confined to the devolution of the interest of a 'tenure-holder', the concept of which under the scheme of the code, is different and ..... deals with devolution of the interest of a bhumiswami or bhumidhari tenure-holder, is not a provision dealing with 'devolution of tenancy rights' within the contemplation of section 4(2) of the act.22. a full bench of the madhya pradesh high court in nahar hirasingh and ors. v. mst. dukalhin and ors. : air1974mp141 , by a majority of .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1978SC1181; [1978]48CompCas588(SC); (1978)2SCC367; [1978]3SCR657; 1978(10)LC376(SC)
..... of bombay and ors. [1954] s.c.r.p. 1055.6. in a recent decision of this court in the case of state of maharashtra and ors. v. the salvation army, western india territory : [1975]3scr475 this court observed as follows :thus two elements are essential in order that a payment may be regarded as a fee. in the first place ..... the high court and it is not necessary to repeat them here. it appears that stamps to the extent of rs. 2,50,300/- were paid under the indian stamp act and apart from that when the document was presented for registration, a registration fee of rs. 1,25, 157.50 np were demanded as registration fee by the sub-registrar .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1978SC1025; 1978CriLJ968; (1978)2SCC424; [1978]3SCR608
..... investigation which starts with an accusation contemplated in article 20(3) of the constitution. in this connection it is necessary to remember that the relevant sections of the act appear in part vi which generally deals with management and administration of the companies.in raja narayanlal bansilal v. maneck phiroz mistry and.anr. (supra ..... a complaint was filed by the deputy superintendent of police, vigilance (directorate of vigilance), cuttack, against the appellant, the former chief minister of orissa under section 179 i.p.c., before the sub-divisional judicial magistrate, sadar, cuttack, alleging offending facts which we will presently explain. thereupon the magistrate took cognizance of ..... a city where everyone has guns houses will be protected by grils and spy equipment. armed citizen patrols will be necessary. the political extremes will be small armies. buses will have to carry armed guards. there will be hatred and war between the races, and between the rich and the poor. (63, pg. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1978SC1362; (1978)3SCC299; [1978]3SCR886
..... suit for maintenance and a charge and the connected proceedings evidenced by these documents were collusive in order to avoid the operation of section 52 of the transfer of property act. the matter was decided with reference to section 52. in such a situation it was held by this court that the decisions of the courts below were correct and in ..... with the raja after he had married the plaintiff, according to her own case pleaded in the plaint she was pulling on well with the defendant upto the year 1950 and the relations between them got strained when her daughter was married to saiyed mohammed raja ali khan. the position of the parties, namely, the raja and the plaintiff ..... aligarh.the plaintiff had only one daughter born to her out of the wedlock with the raja. she is smt. abrar fatima. she was married on the 25th may, 1950 to one saiyed mohammed raza ali khan. the defendant was quite obedient and faithful to the plaintiff until the marriage of her daughter. but after the said marriage, he .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1978SC1457; (1978)3SCC558; [1979]1SCR122
..... rule 37 tuesday upto 2 p.m. was prohibited for sale; so also the seventh day of the month. the licences were granted subject to rules framed under the act and section 59 is one of the provisions empowering rule-making. rule 37 was amended by a notification whereby, in the place of tuesdays upto 2 p.m. plus the ..... consideration is more than five decades old, its validity can now be assailed on the score of unconstitutionality :when india became a sovereign democratic republic on 26th january, 1950, the validity of all laws had to be tested on the touchstone of the new constitution and all laws made before the coming into force of the constitution have ..... use of spirits 50 per cent, and the crimes dropped from 64,520 to 47,027. according to evangeline booth, the commander of the salvation army, 'in new york, before prohibition, the salvation army would collect from 1,200 to 1,300 drunkards in a single night and seek to reclaim them. prohibition immediately reduced the gathering to 400 and .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1978SC1675; AIR1980SC1579; 1978CriLJ1741; 1980CriLJ1099; (1978)4SCC494; (1980)3SCC488; [1979]1SCR392; [1980]2SCR557
..... , has lent precedential support for this proposition where that process renders a statute constitutional. the learned additional solicitor general has urged upon us that the prisons act (sections 30 and 56) can be vehicle of enlightened values if we pour into seemingly fossilized words a freshness of sense. 'it is well settled that if ..... kinship. the jurisprudential watershed between the jail sub-culture under the raj and criminological consciousness in free india is marked by the national charter of january 26, 1950.66. bluntly put, are jailkeepers manegerie managers are human beings, pulverized into living vegetables, truly deprived of life, the quality of life, or at least ..... , weary months or singleness, with monotonous nights, made more hurtful by the swarms of mosquitoes singing and stinging, and in many cells, by the blood-thirsty armies of bugs, invisibly emerging from noctural nowhere, to hide and bite, make for lunacy. time cries halt and the victim wonders, is death a better deal .....
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