Court : Supreme Court of India
Decided on : Nov-06-1973
Reported in : AIR1974SC125; (1974)1SCC42; [1974]2SCR188; 1973(5)LC916(SC)
..... special leave.3. before the high court the appellants submitted that the premises in suit being 'government premises' within the meaning of section 2(c) of the act, the suit was barred under section 15 of the act. there was dispute between the parties in the high court with regard to the factum of requisition of the premises under the ..... service of the notice failing which he would be liable to be forcibly evicted therefrom. a notice was also sent by the district magistrate to the plaintiff under section 12 of the act on april 24, 1957, supersession of his earlier notice of november 24, 1956, assessing this time rs. 1522/10/9 as damages at the rate of ..... the premises from december 15, 1949 to november 21, 1955, inclusive of notice fee and interest to be realisable as arrears of land revenue under the act. after serving a notice under section 80 of the civil procedure code on april 13, 1956, the present suit was instituted by the plaintiff in the court of the munsif, ghazibad. the defendants .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-24-1973
Reported in : AIR1973SC1196; 1973CriLJ921; (1973)1SCC696; [1973]3SCR438
..... commercial bank of the aforesaid forward exchange contract dated june 4, 1966. on august 31, 1971, the petitioner was arrested under section 19b of the exchange act. sub-section (1) of section 19b provides that 'if any officer of enforcement... has reason to believe that any person in india or within the indian customs ..... of enforcement that the contravention took place without his knowledge or that he exercised all due diligence to prevent the aforesaid contravention, as required under section 23c of the said act.39. and whereas, in view of the aforesaid facts and circumstances, i, onkar nath chattopadhyay, enforcement officer, enforcement directorate, department oi personnel ..... , that the contravention took place without his knowledge or that he exercised all due diligence to prevent the aforesaid contravention, as required under section 23c of the exchange act.20. in view of these allegations it is idle to contend that the petitioner was not included in the expression 'the management and .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-23-1973
Reported in : AIR1974SC555; 1974LabIC427; (1974)ILLJ172SC; (1974)4SCC3; [1974]2SCR348
..... of the election save and except the instructions issued by the petitioner on 4 march, 1971 with regard to promulgation of section 41 of the city police act and section 30 of the district police act; rounding up of bad elements and probation offenders and prohibition of processions. the order passed by the petitioner was reviewed ..... of police should form peace committees and request the political parties not to take out victory processions or indulge in violence. section 41 of the city police act and section 30 of the district police act were to be promulgated to regulate crowds.60. on 6 march, 1971 the chief minister rang up the petitioner and ..... department, and for pharmaceutical, medicinal and industrial products. the petitioner's recommendation to close the distillery would not only have created unemployment of a large section but also loss of important products. the way the affairs of the distillery were handled according to the suggestion and recommendation of the petitioner does not .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-31-1973
Reported in : AIR1973SC2711; (1973)2SCC617; [1974]1SCR570
..... january, 1972 referred to as the impugned notice.2. the import and export of goods is regulated by the imports and exports act, 1947 referred to as the 1947 act. section 3 of the 1947 act empowers the government to issue orders making provisions for prohibiting, restricting or otherwise controlling the import and export of goods of special ..... description. in exercise of the powers conferred under section 3 of the 1947 act the central government from time to time issued orders regulating export of goods. the export control order 1968 referred to as the 1968 order came ..... : [1962]1scr862 .14. in glass chatons case (supra) the relevant exports control order was of the year 1958. that control order was made under section 3 of the 1947 act. clause 6 sub-clause (h) of the 1958 export control order conferred power on the central government to refuse to grant a licence if the licensing .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-03-1973
Reported in : AIR1973SC1274; 1973CriLJ978; (1973)2SCC249; [1973]3SCR867
..... to 7 and 13, on august 16, 1968, thirty persons were tried by the learned sessions judge of guntur for offences under section 148 and section 302 read with section 149 or alternatively under section 302 read with section 34 and sections 323, 324 and 326 of the indian penal code. the learned sessions judge found that accused nos. 5 to 7, 14, 18 ..... the factions claimed to be the president or secretary of this society. this rival claim was the subject of writ petitions in the high court. the 1st accused the acting village munsif at the time of the occurrence and his appointment was bitterly resented by the opposite group. all this clearly show that was acute bitterness and rivalry between ..... stressed as to how these accused received injuries. in view of these and other circumstances, the finding of the learned sessions judge is that these four accused had acted in self defence at the incident that took place at the cross-bunding by pws 5 and 6. the injuries sustained by pws 5 and 6 being of a .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-14-1973
Reported in : AIR1974SC687; 1974CriLJ615; (1974)3SCC769; [1974]2SCR701
..... . we see no justification for interfering therewith. besides, the article being insect-infested, falls within the definition contained in section 2(i)(f) of the act and therefore the first clause of the proviso to section 16 of the act under which the court can impose a sentence less than the minimum prescribed, has no application. the second clause of ..... .5 per cent instead of 1 per cent.2. on these facts the learned judicial magistrate, 1st class, amritsar convicted the appellant under section 16(1)(a)(1) of the prevention of food adulteration act, 1954 and sentenced him to rigorous imprisonment for six months and a fine of rs. 1,000/-. the order of conviction and sentence was ..... the proviso has also no application as the offence falls under section 16(1)(a)(i) and not under section 16(1)(a)(ii) of the act.8. for these reasons .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-31-1973
Reported in : AIR1974SC104; (1974)1SCC48; [1974]2SCR143
..... if such a possession is not otherwise statutorily protected under the law against even lawful eviction through court process, such as under the rent control act. section 6 of the specific relief act does not offer such protection, but only, as stated earlier, forbids forcible dispossession, even with the best of title.20. turning to rule 13 ..... in possession of the property, the lessee will be liable to mesne profits which can again be recovered only in terms of his wrongful possession. under section 5(1) of the act, the licensing authority in deciding whether to grant or refuse a licence has regard, amongst others, to the interest of the public generally. public ..... rule 13 which refers to the 'lawful possession' is only juridical possession, a kind of possession which is protected by law such as section 9 (old), section 6 (new) of the specific relief act and, therefore, the high court is right in holding that the respondents were in lawful possession of the property after the expiry of .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-04-1973
Reported in : AIR1973SC1269; (1973)2SCC163; [1973]3SCR893; 1973(5)LC591(SC)
..... 1947 mohammad ali and others also instituted a rival suit for cancellation of the aforesaid leases. their case was that the leases were invalid as section 246 of the u.p. tenancy act prohibited the execution of a lease by some of the co-sharers only. the two suits were tried together. the trial court dismissed the ..... 's grove on the date immediately preceding the date of vesting shall be deemed to be settled by the state government with such intermediary. section 2(12) of the act defines an intermediary as 'a proprietor, under-proprietor, sub-proprietor, thekedar, permanent lessee in avadh, permanent tenure-holder of an estate or part thereof ..... agree with the learned judge that after the commencement of the u.p. zamindari abolition and land reforms act (hereinafter referred to as the act), the appellant has no subsisting interest in the grove land. section 18(1) of the act provides that all lands in possession or held or deemed to be held by an intermediary as an intermediary .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-02-1973
Reported in : AIR1973SC1130; 1975(0)BLJR146; (1973)1SCC672; [1973]3SCR562
..... the appeal and dismissed the suit.6. the two questions that arise for consideration in this appeal are: whether the suit was barred by section 47 of the civil procedure code and whether under the provisions of the act, the plaint property had vested in the government and, therefore, the plaintiffs were incompetent to maintain the suit.7. as the first question ..... suit was instituted on march 7, 1953; the property vested in the state on january 26, 1955, under the act. there is no dispute that the plaint property answers the description of a homestead in section 5 of the act.12. the high court was of the view that since kishundeo singh was not in possession at the time the property ..... vested in the state, he was not entitled to retain possession of the plaint property under section 5 as a tenant under the state free .....
Tag this Judgment!Court : Supreme Court of India
Decided on : May-03-1973
Reported in : AIR1973SC2237; (1973)2SCC232; [1974]1SCR191
..... a trustee of the temple in question. we are, therefore, concerned only with the question whether in appointing trustees under section 15(1)(a) of the act the government acts as a quasi-judicial tribunal. that section provides that in respect of a charitable or religious institution or endowment included in the list published under clause (a) of ..... discussion has taken a similar view in respect of the powers of appointment of non-hereditary trustees under section 47 of the madras hindu religious and charitable endowments act, 1959, which more or less corresponds to section 15 of this act.7. the appeal is, therefore, allowed and the judgment of the andhra pradesh high court set aside ..... the matter to the discretion of the appointing authority subject to the guidelines that it has laid down in sections 15 and 16. we do not consider that the fact that under section 82 of the act the commissioner has got the power of revision in respect of orders passed by his subordinates and the government .....
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