Court : Allahabad
Reported in : AIR1975All52
J.M.L. Sinha, J. 1. The contemners opposite parties have been called upon to show cause why they should not be punished for having committed contempt of this Court. The facts leading upto the issue of the notice can be stated as below:-- Sarvasri Hargovind Dayal Srivastava and Hargun Sharan Srivastava, Contem-ners Nos. 1 and 2 respectively, are members of the Avadh Bar Association. The former is the President of that Association and holds a position of eminence. Contemners Nos. 3, 4 and 5 are printers and publishers of the National Herald, the Pioneer and the Northern India Patrika respectively. The first named the two papers are published at Lucknow and have an extensive circulation in this State. The Northern India Patrika is published at Allahabad. As is well known, till 1948 the Allahabad High Court and the Chief Court at Lucknow had separate identity. In 1948 came the U. P. High Courts Amalgamation Order by which the High Court in Allahabad and the Chief Court in Oudh were amalgam...
Tag this Judgment!Court : Allahabad
Reported in : AIR1979All316
Gopi Nath, J.1. This is a husband's appeal from the judgment and decree of the District Judge Meerut, dated 28-10-1976 allowing the wife's appeal in a petition for divorce and decreeing the same. The petition was filed on the grounds of cruelty and desertion.2. Parties are Brahmins by caste. They were married according to Hindu rites on 24-11-1962. The appellant was 26 and the respondent 22 years of age at the time of marriage. Their fathers were high placed officers in the Education Department. The appellant's father was the Principal of the Government College at Nainital while the respondent's father was an officer posted at Lucknow. Their traditional faith in religion and its rituals is not in doubt. The appellant's parents were conservative in views and had an orthodox way of living. The appellant at the time of marriage, was an Assistant Conservator of Forest while the respondent was a student of the M. B. B. S. When the respondent's father approached the appellant's father for th...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1979SC321; (1979)1SCC137; [1979]1SCR845
Krishna Iyer, J.1. This heavy bunch of writ petitions impeaching the validity of a tax on foreign liquor raises a few familiar legal riddles. A rupee per bottle sold within every municipal town or city is the impugned levy, meant, according to the Punjab Government, to serve the twin purposes of replenishing the resources of municipal bodies reduced by house tax exemptions and of weaning drinkers from overly consuming foreign liquor as a prohibitionist gesture. To pick the pocket of every spirituous bibber of the higher brackets by a tiny tax may be but a feeble homage to Article 47 of the Constitution, and to finance welfare projects with this tainted tax may be queer Gandhiana. The will to enforce 'dry' sobriety in society and to abolish massive human squaller by fleecing the fat few, is made of sterner stuff, maybe. But matters of means and ends, of policy and morality, are largely for the legislature and validity is the province of the court. We let slip the observation only becaus...
Tag this Judgment!Court : Mumbai
Reported in : 2000(2)BomCR244; II(2000)DMC292
..... make special provisions inter alia for children and article 24 which provides that no child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment'.in his foreword to manual on adoption, a guidebook on principles, practices and procedures, brought out by indian association for promotion of adoption .....
Tag this Judgment!Court : Chennai
Reported in : AIR1988Mad192
..... a given case, or reaches conclusions on evidence taken in the course of a hearing of parties interested; but the subject of the inquiry is the determinative factor.'(emphasis is mine)11. as to the distinction between judicial power and the 'legislative power' we find the following passage at page 571:'in distinguishing judicial power from legislative power, it has been .....
Tag this Judgment!Court : Delhi
Reported in : 1986(2)ARBLR303(Delhi); ILR1979Delhi236
Prithvi Raj, J. (1) The plaintiff (The Tata Oil Mills Company Ltd.) has filed the present suit for the grant of permanent injunction restraining the defendant, its servants, agents, representatives, dealers and workmen from infringing its registered copyright to 'OK Washing Soap Wrapper' belonging to it. The plaintiff also seeks a permanent injunction restraining the above-said persons from manufacturing selling, offering for sale to dealers washing soap under 521 wrapper which is a colourful imitation of its wrapper and from giving an impression that the defendant's washing soap was that of the plaintiff or was connected with the plaintiff in any manner what soever amounting to passing off. An order for destruction of the impugned wrappers, labels, blocks, dyes and other trade literature concerning the adoption and use of the impugned wrapper mark is also sought. The plaintiff also prays for rendition of the defendant's accounts of sales of washing soap under the wrapper objected to b...
Tag this Judgment!Court : Rajasthan
Reported in : 1972CriLJ1387; 1972()WLN231
1. A dispute between Meos on the one hand, and Faquirs and Meenas on the other of Village Bhatpura regarding allotment of land by the Government to the Meos in the town of Chhamra had its sequel in the death by gun shot of one Jumma on 21-6-1969 at about 7 p. m. in front of the house of P. W. 8 Umed. situated in the village Bhatpura. The immediate cause of the trouble was that on that day the accused Fazar ' and the Meos, deceased Jumma and P. W. 2 Bhulla. and P. W. 6 Nasru had gone to the village well for taking bath and there Bhulla's foot is said to have fallen on the soap owned by Fazar. This led to exchange of abuses between Fazar and the Meos. However, nothing untoward happened there at the well, but when the Meos while returning from the well came in front of the house of Umed, Fazar is alleged to have given a call to his friends, the accused Kishan Meena and Bhundal to come armed with guns and finish one of the Meos. The prosecution case is that in response to the call given by...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1974SC2165; 1974CriLJ1486; (1975)3SCC219; [1975]1SCR753
Y.V. Chandrachud, J.1. On May 27, 1971 two persons called Tribeni Sahai and Radhey were shot dead in the town of Dataganj, District Budaun. The four appellants: Balak Ram, Nathoo, Dr. R. P. Kohli and Mohd. Sayeed Khan @ Banney Khan were tried along with two others by the learned Sessions Judge, Budaun, for various offences in connection with that incident. Balak Ram was convicted under Section 302 of the Penal Code and was sentenced to death. He was also convicted and sentenced under Section 337 read with Section 149 for causing injuries to Jhilmili and Ram Prakash and under Section 148, Penal Code. The learned judge acquitted the other five accused of all the charges. Out of these five, we are not now concerned with Kailash whose acquittal is not under challenge and with Ahmed Sayeed Khan alias Pearey Mian who died during the pendency of the proceedings in the High Court of Allahabad.2. The High Court by its Judgment dated December 22, 1972 confirmed the conviction of Balak Ram and th...
Tag this Judgment!Court : Patna
S.H.S. Abidi, J.1. Appellants Shri Bhagwan Singh and Sudershan Singh have been convicted under Sections 302/34 and Section 148, IPC and sentence to undergo for life and two years rigorous imprisonment under the respective counts. They have been further convicted under Section 27, Arms Act and sentenced to undergo rigorous imprisonment for two years. Appellant-Bansudeo Singh had died during the pendency of the appeal and so his appeal has become infructuous. Two of the accused, namely, Bikrama Singh and Krishna Nandan Singh have already been acquitted by the trial court. So remains the appeal of appellants-Shri Bhagwan Singh and Sudersan Singh only.2. A fard-e-beyan (Ext. 1) was given by infornment-Krishnawati Kumari (PW 4) daughter of deceased Rajkeshwar Rai on U-4-1980 at 11.30 P.M. in village Ekwari, police-station Sahar, district Arrah to S. I. Ramesh Kumar Singh (PW 10) saying that on the day of occurrence at about 6 P.M. she along with her father deceased Rajekshwar Raiwas going ...
Tag this Judgment!Court : Mumbai
..... providing an acoustic enclosure have been incorporated therein. the second schedule also deals with noise limits for generator sets run with diesel. it also deals with noise level standards for coal washeries. importantly, it lays down noise standards for fire crackers. clause 4 which deals with noise standards for fire crackers reads thus :- "4. noise standards for fire-crackers a (i ..... local self-governments to declare certain zones as silence zones. clause (3) of the said notification is important which provides for noise levels of various equipments such as dg sets, coal washeries, fire-crackers as set out in second schedule to the said notification. the second schedule to the said notification lays down standards/guidelines for control of noise pollution from .....
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