Court : Supreme Court of India
Decided on : Apr-24-1973
Reported in : AIR1973SC2427; 1973CriLJ1614; (1974)3SCC412; 1973(5)LC664(SC)
..... less serious offences by providing for dealing with them more leniently with a view to their reformation. under section 3, 4 or 6 of the act as the case may be. an offence punishable under section 326, i.p.c. or under sections 326/34, i.p.c. is indisputably punishable with imprisonment for life. the benefit of the ..... for life. this act is intended to carry out the object of keeping away from the unhealthy atmosphere ..... crime. his conviction was also in the circumstances, converted into one under section 326, i.p.c. and the sentence reduced to rigorous imprisonment for six months.4. how, both sections 4 and 6 of the act clearly provide that the benefit of these sections is not available to persons found guilty of an offence punishable with imprisonment .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-28-1973
Reported in : AIR1974SC314; (1974)4SCC623; [1974]2SCR492
..... given to the state government to constitute by notification in the official gazette a state electricity board. its constitution and jurisdiction are given in chapter iii of the act, section 12 of which says that the board shall be a body corporate having perpetual succession and common seal with power to acquire and hold property and to sue ..... of the authority.15. we have then to see if there are any statutory provisions which make disputes between them referable to the arbitration of the authority. section 76 of the act read as follows in 1964 when the present dispute arose :76(1) all questions arising between the state government or the board and a licensee or ..... brought the new rates into effect from 16-11-1963.4. after applying its mind in greater detail the board proposed to appoint a rating committee under section 57a of the act, being of the view that the electricity company was over-charging the consumers which it was not entitled to do. but before constituting the rating committee .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-10-1973
Reported in : AIR1973SC1374; (1973)IILLJ120SC; (1973)2SCC1; [1973]3SCR943
..... the elected councillors imposing unreasonable rates of tax. again, guide or control on the limit of taxation could be seen12. in the expression 'purposes of the act' in section 113. the power to tax was circumscribed by the need to finance the functions which were made incumbent on the corporation to perform. the necessity of adopting ..... . sikri, j. (as be then was), in his concurring judgment held the view that there was 'adequate guide or policy in the expression 'purposes of the act in section 113' and 'it is not necessary to rely on the safeguards mentioned by the learned chief justice to sustain the delegation'. he said :apart from authority, in ..... enumerated the kinds of taxes to be levied, prescribed an elaborate procedure for such a levy and also provided for the sanction of the government. section 135(3) of the act raised a conclusive presumption that the procedure prescribed had been gone through on a certain notification being issued by the government in that regard. this .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-29-1973
Reported in : AIR1974SC396; (1974)1SCC202; [1974]2SCR530; 1974(6)LC237(SC)
..... to evict and that a mere defence cannot be described as a right in the defendant. according to him, the 'right' referred to under section 6 of the general clauses act or section 43 of the repealing act is a substantive right and not a defensive plea. we have to examine these rival positions in some detail.18. certain propositions are clear ..... to7-(a) any building belonging to or vested in ... any local authority.even so, we have to read this provision in conformity with section 43 which repealed the act viz. u.p. act no. 3 of 1947. section 43(2) is the savings clause. if the repealing enactment, as in this case, makes a special provision regarding pending or past transactions ..... rent at the contract rate, when the cause of action for the same arose. the effect of substitution of the new section 48 for the old section 48 by section 31 of act iv of 1928, was that the old section was repealed. the effect of repeal of a statute in the absence of saving clauses is that it has to be considered .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-29-1973
Reported in : AIR1973SC2204; (1973)2SCC72; [1973]3SCR818; 1973(5)LC629(SC)
..... decision in union of india v, mahesh chandra (supra) to the effect that an offence under s. 161 i.p.c. and under sub-section 2 of section 5, prevention of corruption act is cognizable so far as officers of the rank of a deputy superintendent of police and above are concerned, but so far as the officers ..... the time being in force regulating the manner or place of investigating, inquiring into, trying or otherwise dealing with such offences. the only change which section 5a of the prevention of corruption act makes is with regard to officers competent to investigate and arrest without warrant; in all other respects the crpc applies and, therefore, there is ..... in this regard and in above circumstances, it cannot be unequivocally said that this document was obtained in due course of business in compliance with section 5a of the prevention of corruption act. even assuming that the order is free from doubt, learned counsel appearing for the petitioners has urged 'before me that since the venue of .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-30-1973
Reported in : AIR1974SC111; (1974)1SCC11; [1974]2SCR116
..... and the liability of the appellants to hand over possession of the land to the respondent under the decree have been kept intact by section 22 of the act.8. the provisions of section 4 of the act have been reproduced above and it is manifest therefrom that with effect from the appointed day, viz, april 1, 1963 all patel watans ..... to the conclusion that the right of the erstwhile watandar to the possession of the watan lands also comes to an end. indeed, clause (iv) of section 4 of the act expressly provides that the resumption of watan land consequent upon the abolition of patel watans and the extinguishment of incidents appertaining to the said watans would be ..... also be not executed with effect from the appointed day. this contention, in our opinion, is not well-founded. what is contemplated by the opening clause of section 4 of the act is that notwithstanding any usage or custom or anything contained in any settlement, grant, agreement, sanad, or any decree or order of a court or the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-14-1973
Reported in : AIR1975SC706; (1974)1SCC500; [1974]2SCR741; 1973()WLN1008
..... committee of management.35. in our view, the hypothesis on which the high court has based its conclusions is not warranted by the provisions of sub-section (5) of section 53 of the act. in the first category, apart from the committee being constituted from amongst the trustees of public trusts representing the same religion, the committee can also ..... parasnath temple is a public trust of which the gross annual income exceeds rs. 10,000/- and is, therefore, governed by clause (e) of sub-section (1) of section 52 of the act. whether this is so or not cannot be determined by us merely on the alligations in the petition. it is for the state government, if it ..... were not matters of religion and the objections raised with regard to the validity of those provisions seem to be altogether baseless. section 35 of the bombay act which is similar to section 30 of the act was upheld on the ground that 'it is a well-established principle of law that trustees in charge of trust properties should not .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-22-1973
Reported in : AIR1973SC893; (1973)1SCC527; [1973]3SCR411
..... appellant's claim is, according to mr. bagga, fully justified.6. this will be the convenient stage to refer to the material provisions of the abolition act. section 3 defines the various expressions. in clause 26, it is provided that certain other expressions referred to therein, including khudkasht and sir, shall have the meaning ..... assigned to them in the united provinces tenancy act, 1939 (hereinafter referred to as the tenancy act). section 3(9) of the tenancy act defines khudkasht as 'land other than sir cultivated by a landlard, and under-proprietor or a permanent tenureholder as such ..... possession, nevertheless, the lands in question can be considered to be held or deemed to be held by the appellant also. the expression 'held' occurs in section 9 of the abolition act. in interpreting the said expression, this court in budhan singh and anr. v. nabi bux and anr. : [1970]2scr10 has held that it means .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-19-1973
Reported in : AIR1973SC1104; [1973]43CompCas382(SC); (1973)1SCC602; [1973]3SCR364
..... due opportunity to reply to d.d. joshi co's report, the official liquidator had filed the application of 27-8-1960, under section 45h of the act read with section 235 of the indian. companies act. on the strength of all the above mentioned reports, copious extracts from which were annexed to a duly sworn affidavit supporting the application ..... reserve bank deputed shri amrit lal bhatia to inspect the records and the working of the bank and to submit a report under the proviso to sub-section (2) of section 37 of the act. this report, submitted on 13-1-1955 (a-4), disclosed a deplorable state of accounts which contained a number of false and fraudulent entries, ..... a licence was still left undecided after listing irregularities found under fourteen heads.7. on 13-9-1954, a very detailed inspection report (a-3), under section 35, sub-section (1) of the act, carried out on 26-3-1954, was sent by the reserve bank to the bank, with a covering letter, in which the following conclusion was recorded .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-04-1973
Reported in : AIR1974SC1355; [1974]93ITR348(SC); (1974)3SCC616; [1974]2SCR583
..... pointed out that it has been held that a dedication is a trust in the general sense within the meaning of the expression as used in sections 4, 40 and 41 of the income-tax act and the word 'trust' can be applied to hindu endowments. on the second part of the question it was held that the endowment is a private ..... was assessed in respect of the income of the debutter estate in the status of an 'individual' under section 41 of the act. in respect of the assessment years 1939-40 to 1942-43 a reference was made under section 68(2) of the act. a bench of the calcutta high court held that upon a proper construction of the scheme sanctioned and orders ..... hindu deity is an 'individual' within the meaning of that word under the provisions of the indian income-tax act, 1922. it arises out of the judgment of the high court of calcutta in a number of references under section 66(1) of the act. the facts necessary for the decision, in a short compass, are these: in the year 1820 one smt .....
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