Court : Supreme Court of India
Decided on : Jul-23-1973
Reported in : AIR1973SC2474; (1973)2SCC449; [1974]1SCR266
..... /34 and 333/34 indian penal code, section 25 of arms act read with section 34 indian penal code, section 27 arms act read with section 34 indian penal code, section 3 explosive substances act read with section 34 indian penal code, section 4 explosive substances act read with section 34 indian penal code, section 5 explosive substances act read with section 34 indian penal code and section 6 explosive substances act read with section 34 indian penal code. in the alternative ..... , there were charges against the accused for the above offences read with section .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-19-1973
Reported in : AIR1973SC1425; (1973)1SCC856; [1974]1SCR1
..... commit, any offence punishable with death or imprisonment for life or imprisonment for a term extending to seven years or more or any offence under the arms act, 1959 or the explosive substances act, 1908, where the commission of such offence disturbs, or is likely to disturb, public order; or(e) in the case of a person referred to ..... where a foreigner enters or attempts to enter india or is found with arms, ammunition or explosives, or where a foreigner enters or attempts to enter a notified area or is found therein in breach of section 3 of the criminal law amendment act, 1961, or where such a foreigner enters or attempts to enter in an area adjoining the ..... in clauses (a) to (f) of section 110 of the crpc, 1898, committing any offence punishable with imprisonment where the commission of such offence disturbs, or is likely to .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-18-1973
Reported in : AIR1973SC2667; 1973CriLJ1801; (1973)2SCC688; [1974]1SCR662; 1973(5)LC814(SC)
..... them to organise the movement in a systematic manner, raising volunteers and setting offices at suitable places in punjab. you further directed them to collect arms, explosives etc. for use for the achievement of the object at the proper time. you further instigated them to create hatred amongst hindus and sikhs and cause communal ..... makers in their wisdom have provided for it. it is not necessary to give further examples to show that prejudicial activities contemplated under section 3(1) of the maintenance of internal security act are not necessarily activities prohibited or made punishable by a specific provision of law. the cases relied upon to support the contrary proposition ..... detention is not a punishment for an offence. to accept the argument on behalf of the appellant would make the grounds given in section 3(1) of the maintenance of internal security act meaningless. take for instance action prejudicial to the relations of india with foreign powers. as far as we are aware, there is .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-21-1973
Reported in : AIR1974SC480; (1974)2SCC133; [1974]3SCR31
..... the former. where once the special or local law has provided a period different from that prescribed in the schedule to the limitation act, sub-section (2) of section 29 stands directly attracted and section 3 and other section shall apply in so far as, and to the extent to which, they are not expressly excluded by such special or local ..... to which the first limb does not apply. sinha, c.j., rajagopala ayyangar and raghubar dayal, jj., by majority held that the entire sub-section (2) of section 29 of the limitation act has to be read as an integrated provision and the conjunction 'and' connects the two parts and makes it necessary for attracting clause (a) that ..... high court. an appeal being a creature of a statute, the rights conferred on the appellant must be found within the four corners of the act. sub-section (2) of the present section 116a expressly gives this court the discretion and authority to entertain an appeal after the expiry of the period of thirty days. no right is .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-07-1973
Reported in : AIR1974SC1795; [1973]91ITR5(SC); (1974)3SCC257
..... by one abdul sathar haji moosa by his will dated 25th day of kanni, 1099 m. e. is a public charitable trust within the meaning of section 4(b) of kerala agricultural income-tax act, 1950. the high court came to the conclusion that half of the income of the properties mentioned in schedule b to the will as well as l .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-22-1973
Reported in : AIR1973SC2565; (1973)2SCC665; [1974]1SCR442
..... decree the respondents appealed and the appeal was referred to a full bench as there was conflict of opinion on the question whether an order under section 31(2) of the act granting leave to a guardian for alienating the property of the ward was conclusive proof that the alienation made in pursuance thereof was supported by necessity or ..... a minor in one district, it is not necessary that there should be a fresh appointment for the properties of the minor in another district as under section 16 of the act, a certificate from the court appointing the guardian would be conclusive evidence in the other district that he was appointed guardian of the properties in that ..... is to be judged from the orders of sanction, its extent must be measured by these orders read in the light of the order appointing her guardian.13. section 28 of the act provides :where a guardian has been appointed by will or other instrument, his power to mortgage or charge, or transfer by sale, gift, exchange or otherwise .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-22-1973
Reported in : AIR1973SC1249; (1973)1SCC456
..... the society till the proceedings are completed. an appointment of administrator during the interim period is therefore not ruled out of the provisions of section 35(2) of the act, but the prerequisite condition to the appointment of the interim administrator has not been fulfilled in the present case, because no proceedings for the ..... time during the period of supersession proceedings. unless the proceedings have started as indicated earlier the registrar cannot call in aid the power exercisable under section 35(2) of the act.15. the second question which has to be decided is whether, the registrar could appoint an administrator in the present case. the registrar ..... are completed. the power to suspend the committee of management during the period of proceedings is exercisable when proceedings for supersession have commenced. section 35(1) of the act shows that when the registrar is of opinion that the committee of a cooperative society makes default or is negligent in the performance of .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-20-1973
Reported in : AIR1973SC2658; (1973)2SCC773; [1974]1SCR707
..... advocate submits that chandayya shetty had an interest in the properties which he could bequeath by will.8. it appears to us that the provisions of the madras act particularly section 36(2)(h) with its explanation without doubt indicates the time when a share of kavaru is ascertained or a partition in the family and whether property is ..... a share on that basis. the provision is also applicable to every kavaru possessing separate property as if it were a kutumba. however, under sub-section (3) of section 36 of that act if at the time of the partition any kavaru taking a share is a nissanthathi kavaru it would have only a life-interest in the property allotted ..... share as per the preliminary decree. therefore, the contention that interest obtained by the first defendant under the preliminary decree stood enlarged as a result of section 30(1) of the 'act' must fail.16. the above statement of the law which meets the several contentions raised before us is in consonance with our own reading of the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-21-1973
Reported in : AIR1974SC1660; [1974]94ITR204(SC); (1974)4SCC98; [1974]2SCR879; [1974]33STC219(SC)
..... appropriate state legislature in respect of local sales. it may be noted that in so far as inter-state sales are concerned, the central sales tax act, by section 9(2) has adopted the law of the appropriate state as regards the procedure for levy and collection of the tax as also for imposition of penalties ..... to, sikri, j. (as he then was), in his concurring judgment took the view that there was 'adequate guide or policy in the expression 'purposes of the act' in section 113' but that it was not necessary to rely on the safeguards mentioned by wanchoo, c.j. in his judgment to sustain the delegation. he said :this ..... although each way delegate to subordinate agencies : and to permit through delegation alteration of the distribution of legislative power established by the british north america act (save as permitted by section 94) would mean that matters within dominion competence would be incorporated in legislation assented to by the lieutenant-governor instead of by the governor-general, .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-11-1973
Reported in : AIR1974SC818; (1974)1SCC424; [1974]2SCR629
..... - payment of rent." 'similarly in shri hem chand v. shrimati sham devi (ilr 1955 punj 36) which dealt with the delhi and ajmer merwara rent control act, section 13(i) of which provided that no decree or order for the recovery of possession of any premises shall be passed by any court in favour of the landlord ..... division bench respectively. before we go further into a discussion of the questions that arise :it is necessary to look into certain relevant provisions of the act. clause (6) of section 2 of the act defines landlord thus : "landlord" includes the person who is receiving or is entitled to receive the rent of a building, whether on his own ..... raj krishna v. s.k. shaw bros. (1951 scr 145) dealing with the bihar buildings (lease, rent and eviction) control act, 1947 and interpreting section 11 of that act this court observed as follows : '.'section 11 begins with the words 'notwithstanding anything contained in any agreement or law to the,contrary', and hence any attempt to import the .....
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