Court : Supreme Court of India
Decided on : Apr-24-1973
Reported in : AIR1973SC1461; (1973)4SCC225; [1973]SuppSCR1
..... writ petition was amended twice. the first amendment was made with a view to enable the petitioner to impugn the constitutional validity of the kerala reforms (amendment) act (act 25 of 1971). the second amendment of the petition was made with a view to include the prayer to declare the twentyfourth, twentyfifth and twentyninth amendments to ..... country through the constitution framed by it. there is not to be found, anywhere in our constitution, any transfer of legal sovereignty to the people of india.1871. the people of india speak through their representatives in the two houses of parliament. they approach the courts for the assertion of their rights. the courts ..... provisions of article 31c can apply only if the law received the assent of the president.2093. by the constitution (twenty-ninth amendment) act, 1972, the two kerala acts - act 35 of 1969 and act 25 of 1971 - were included in the ninth schedule thereby giving them the protection of article 31b. by such inclusion, the challenge .....
Tag this Judgment!Court : Delhi
Decided on : May-09-1973
Reported in : 10(1974)DLT35; ILR1973Delhi644
..... the said amounts could not be recovered in a suit due to the bar of limitation. support for this submission was drawn from hunsraj gapta and others v. dehra dun-mussooric electric tramway co. ltd. wherein the court observed that money due means 'money due and recoverable in a suit' and does not include any monies which ..... by the trust, became officers of the authority. not only this, it was submitted, by virtue of clause (d) to subsection (2) of section 60 of the act, all properties movable and immovable vesting in the delhi improvement trust or the delhi development (provisional) authority shall be deemed to vest in the authority. further, all rents, ..... of land revenue had misunderstood the question which had resulted in grave miscarriage of justice. it was contended that prior to coming into force of the delhi development act, the property, in respect of which the claim was raised against the respondents, belonged to the government and was placed at the disposal of the trust. referring .....
Tag this Judgment!Court : Delhi
Decided on : May-25-1973
Reported in : ILR1974Delhi311
..... add and amend or, by construction, make up deficiencies which are left in the act. even where there is a causes omissus, it is said by lord russci of killowen in hansnij glipla v. official liquidator of dehra dun mussoorie electric tramway coin., ltd. (8) for others than the courts to remedy the defect : vide nalinakhya ..... bysaek v. shyam slinder haldar and others 1953 (4) s c r 5331.(60) if an act of parliament has been obtained improperly, it is for the ..... these undertakings for their modernisation, the possibility of taking over the management of the undertakings only for a limited period under the industries (development and regulation) act, 1951 was ruled out and it was decided that the management of sick textile undertakings should be taken over pending nationalisation of such undertakings. once the basic .....
Tag this Judgment!Court : Mumbai
Decided on : Jul-24-1973
Reported in : AIR1974Bom142; 1974MhLJ183
..... and power company for the purposes of its employees, while, considering the scheme of the provisions of section 30 of the c.p. & berar industrial disputes act, 1947, which imposed a statutory obligation on the employer to make standing orders, the court observed that it would be justified to apply the reasonable test of ..... v. indumathi t. potdar : 1958crilj814 yet another rule of construction was alluded to with reference to the provisions of bombay rents hotel and lodging house rates control act (57 of 1947), section 24. that provision, the supreme court found, was an extraordinary remedy and had to be construed strictly in accordance with the words actually ..... meaning to the words of the statute.33. in clapham v. national assistant board 1961 (2) qbd 77 the matter arose under the provisions of the national assistance act, 1948, section 44, it was held while construing the words, 'shall in all other respects....................... proceed as on an application made by the mother' that the .....
Tag this Judgment!Court : Gujarat
Decided on : Sep-18-1973
Reported in : [1974]44CompCas517(Guj); (1975)0GLR193
..... discriminatory and inconsistent with the doctrine of pair pass distribution of assets of an insolvent company statutorily reecognised in section 511of the companies act. 10. a few illustrative cases can be examined here. in re dehra dun mussoorie tramway co. ltd. (1) [1931] 1 comp. cas. 145 (all.)., priority in payment was claimed in ..... authority legally entitled to, or entrusted by the government with, the control or management of a municipal or local fund. section 3(31) of the general clauses act, 1897, defines 'local authority' to mean a municipal committee, district board, body of port commissioners or other authority legally entitled to, or entrusted by the ..... by the corporation, if it complies with the condition implicit in the definition, it will be an industry within the meaning of the definition in the act. after having observed thus, the supreme court examined the services rendered by the corporation in its various departments including stage department and health department and .....
Tag this Judgment!Court : Kerala
Decided on : Sep-27-1973
Reported in : AIR1974Ker202
..... under the civil procedure code to a court. this is referred to. although the point was not decided by the privy council in hansraj gupta v. official liquidator dehra dun mussoorie electric tramway co. (air 1933 pc 63). the reason for this view was that all the applications provided under the third division of the first ..... to us that it may require serious consideration whether applications to courts under other provisions, apart from civil procedure code, are included within article 137 of the limitation act, 1963, or not'.counsel for the petitioner stressed the above passage and contended that the question as to whether applications other than those under the code ..... raised that the application having been filed more than three years from the payment of the amount, was barred by limitation under article 137 of the limitation act, 1963 which reads:'137.any other application for whichno period of limitation is provided elsewhere in this division. three years. when the right to apply accrues .....
Tag this Judgment!Court : Allahabad
Decided on : Nov-08-1973
Reported in : AIR1974All106
..... and that subject has been specifically dealt with in article 348, which provides that notwithstanding anything in the foregoing provisions of this part of the constitution, all acts etc., shall be in the english language. it is thus clear that the provisions contained in articles 345, 346 and 347 are subject to the provisions contained ..... in a language other than the english language unless the parliament by law otherwise provides. thus the power to declare that the authoritative text of any ordinance, act etc., of a state legislative shall, be in a language other than the english language has been vested exclusively in the parliament. the parliament has not made ..... to the transfer of the holding as a whole because if would not involve fragmentation but would involve only a change in ownership. the scheme underlying the act was to consolidate agricultural holdings and to prevent their further fragmentation and also to preserve the land for agricultural purpose. it was not the intention to .....
Tag this Judgment!Court : Delhi
Decided on : Nov-28-1973
Reported in : 10(1974)DLT131; 1974RLR511
..... a clue that suits are instituted by presentation of a plaint to the court. the judicial committee of the privy council in hansraj vs . dehra dun-musscorie electric tramway company limited (1), observed that a suit was ordinarily instituted by the presentation of a plaint. the proceedings initiated under the indian succession ..... f. queros and others, : air1963all153 . there, the question was of court- fees payable on an appeal from an order passed under section 278 of the succession act granting letters of administration. although the court was concerned with the only question of court-fees, it has made some valuable observations which are of assistance in the question ..... for construing the expression in section 299 as a decree passed in a suit. we are, thereforee, of the conclusion that the proceedings under the indian succession act do not constitute a suit and the decisions on the petitions and applications therein are not included within the definition of decree given in section 2(2) of .....
Tag this Judgment!Court : Himachal Pradesh
Decided on : Dec-31-1973
Reported in : 1974CriLJ1195
..... territory which falls within his responsibility. nothing set-out in paragraph 4 of the grounds of detention indicates that in consequence of the activities of miss shyama sharma in dehra dun any prejudicial activity was expected in relation to the district of sirmur or, for that matter, to the state of himachal pradesh. the incitement to disaffection by ..... detained on the ground that he is likely to act in a manner prejudicial to the security of the state and the maintenance of public order. it is contended on behalf of the petitioner that the grounds of ..... an advocate practising at nahan. a warrant was issued for his detention, under section 3 (2) read with section 3 (1) of the maintenance of internal security act. the petitioner was thereupon arrested and detained. he challenges the validity of his detention.4. it is apparent from the material on the record that the petitioner has been .....
Tag this Judgment!Court : Orissa
Decided on : Jan-01-1973
Reported in : AIR1973Ori157
..... had not been partitioned by metes and bounds. thus the court's finding to this effect is perfectly correct. 8. mr. das also urged that the court below acted illegally in arriving at the said finding as it did not appreciate the question in the correct legal perspective. he contends that the said finding is illegal inasmuch as there ..... the joint family property by metes and bounds between them. according to mr. das in view of the above-mentioned specific averment in the written statement the court below acted illegally in making out a new case for the defendants and deciding the case on that basis. he also urged that the aforesaid conclusion about severance of the joint ..... of defendants nos. 1 to 4 in respect of ac. 0.19 decimals of land. all these transactions were without any legal necessity, without any consideration and were not acted upon. plaintiffs nos. 1 and 2 came to know of the execution of the aforesaid kabalas only after defendant no. 5 left the family and went to live at .....
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