Court : Supreme Court of India
Decided on : Jan-18-1973
Reported in : AIR1973SC855; [1973(26)FLR150]; (1973)ILLJ226SC; (1973)1SCC409; [1973]3SCR348; 1973(1)SLJ525(SC)
..... and ineffected, so that a declaration of the rights of the respondent as a servant of the municipality could also be given despite the provisions of section 21 specific relief act. it is true that, ordinarily, a court will not give a declaration which will have the effect of enforcing a contract of personal service and ..... entitled to a declaration that the termination of his employment was null and void 23. in the indian airlines corporation case (supra) regulations framed under section 45 of the act were said by this court to be terms and conditions of service but the same did not constitute a statutory restriction as to the kind of contracts ..... thereafter dismissed. he filed a suit alleging that the enquiry had been conducted in breach of the procedure laid down by regulations made by the corporation under section 45 of the act, and, therefore, the dismissal was illegal and void. the high court held that the corporation was under a statutory obligation to observe the procedure laid down .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-11-1973
Reported in : AIR1973SC897; 1973CriLJ627; (1973)1SCC551; [1973]3SCR268
..... as far back as october, 1967 in 5. azeez basha v. union of india : [1968]1scr833 . these activities clearly bring the petitioner's case within section 3 of the act, being calculated to incite communal violence.20. it has then been contended that some of the grounds of detention conveyed to the petitioner are vague and, therefore ..... effective. if the detaining authority is of opinion on grounds which are germane and relevant, that it is necessary to detain a person from acting prejudicially as contemplated by section 3 of the act then it is not for this court to consider objectively how imminent is the likelihood of the detenu indulging in these activities. this submission ..... meet the situation which might result therefrom....5. the government, it appears, did not accord its approval of the petitioner's detention as required by section 3(3) of the act. according to para 22 of the writ petition, the contents of which are not controverted, as expressly stated in para 12 of the counter affidavit, .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-03-1973
Reported in : AIR1973SC1336; (1973)GLR617; (1973)0GLR60; (1973)1SCC799; 1973(5)LC593(SC)
..... standard rent was the same as claimed by the land-lady; that the tenants were liable to pay the municipal tax in addition and that in view section 12(3)(a) of the bombay rent act, as applied to the gujarat area, both the tenants were liable to be evicted.3. the tenants went in appeal to the city civil court. the ..... , relying upon a previous judgment of that court, held that since the rent was not 'payable by the month' as required by section 12(3)(a) referred to above the cases fell within section 12(3)(b) of the act and, therefore, decrees for eviction could not be passed. it is from that order that the present appeals have been filed by the ..... anr. : [1968]3scr623 that in a case like this in which the appellate decree had become final under the unamended section 29(2) of the bombay rent act, it could not be set aside in exercise of the jurisdiction under the amended section 29(2) the amendment having been made long after the appellate decree had become final. the high court could deal .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-16-1973
Reported in : AIR1973SC2210; 1973CriLJ1196; (1973)1SCC751; [1973]3SCR728
..... pardon. it would seem, therefore, that the district magistrate is empowered to tender a pardon even after a commitment if the court so directs. under section 8(2) of the criminal law (amendment) act, 1952, the special judge has also been granted power to tender pardon. the conferment of this power on the special judge in no way deprives ..... in cases where the offence was triable exclusively by the court of the special judge. having regard to the provisions of the criminal law (amendment) act, 1952 and the scheme of section 337 of the criminal procedure code, this court held that as the court of the special judge was in law a court of session, the district magistrate had power ..... the district magistrate of his power to grant a pardon under section 337 of the code. it will be noted from this decision that emphasis is .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-24-1973
Reported in : AIR1973SC1461; (1973)4SCC225; [1973]SuppSCR1
..... its basic elements are not abrogated or denuded of their identity.622. we may next deal with the validity of the constitution (25th amendment) act. section 2 of the amending act provides:2. in article 31 of the constitution,-(a) for clause (2), the following clause shall be substituted,namely:(2) no property shall ..... in political institutions and principles of government therefore arise. an unamendable constitution was the french constitution which by an amendment to the constitution adopted in 1884 declared that the national assembly shall never entertain a proposal for abolition of the republican form of government. the united states constitution provided that no amendment ..... of government. the argument was based on the conception underlying article 2 of the french law of 1884 which provided that the republican form of government could not be made subject of constitutional amendment. section 50 of that constitution, in particular, was criticized as being too pliant for the first period of .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-05-1973
Reported in : AIR1973SC2200; 1973CriLJ1187; 1973MhLJ548(SC); (1973)2SCC86; [1973]3SCR911; 1973(5)LC624(SC)
..... the writings in order to appreciate properly the other evidence produced before it in that regard. the opinion of a handwriting expert is also relevant in view of section 45 of the evidence act, but that too is not conclusive. it has also been held that the sole evidence of a handwriting expert is not normally sufficient for recording a definite finding ..... the disputed hand-writings to verify whether or not the conclusions of the hand-writing expert were proper. then, after referring to sections 45, 47 and 73 of the indian evidence act, this court observed :-both under section 45 and section 47 the evidence is an opinion, in the former by a scientific comparison and in the latter on the basis of familiarity resulting .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-30-1973
Reported in : AIR1973SC2150; [1973]90ITR148(SC); (1974)3SCC142; [1974]1SCR122
..... high court seeking its opinion thereon. the high court, as mentioned earlier, answered that question in favour of the assessee. the high court opined that under section 5 of the act only the beneficial interest of the deceased in the trust estate 'passed' on her death.8. it rejected the contention of the department that the entire trust ..... on her death.9. to decide the controversy between the parties, it is necessary to find the scope of section 5(1) of the act. that section reads :in the case of every person dying after the commencement of this act. there shall, save as herein after expressly provided, be levied and paid upon the principal value ascertained as ..... hegde, j.1. the appeal by certificate arises from the decision of the high court of gujarat in a reference under section 64(1) of the estate duty act (to be hereinafter referred to as the act). therein the tribunal referred partly at the instance of the department and partly at the instance of the accountable person three questions .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-05-1973
Reported in : AIR1973SC2724; (1973)2SCC637; 1973(5)LC821(SC)
..... supplies made by the proforma defendant no. 2 (i.e. the supplying contractor).15. another contention on behalf of the union of india was that section 70 of the contract act only applies to cases where goods are supplied or services rendered without any payment whatsoever having been made for them. it is submitted that the supplying contractor ..... by the plaintiff to the army authorities. on the other hand, the assertion is that the supplies were made by the contractor (defendant no. 2). section 70 of the contract act enables the person who actually supplies goods or renders some services, not intending to do so gratuitiously, to claim compensation from the person who enjoyes the benefit ..... the whole case of a fresh contract of 1946 is also quite untenable.13. we may now turn to the plaintiff's claim to the benefit of section 70 of the contract act put forward in this court for the first time. it was urged, on the strength of piloo dhunjishaw sidhwa v. municipal corporation of the city of .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-19-1973
Reported in : AIR1974SC199; (1973)1SCC150; [1974]2SCR74
..... any time before his death, the nomination made by exhibit b-1 will was revocable without assigning any reason.18. the definition of 'will' in section 2(h) of the indian succession act, 1925, would show that it is the legal declaration of the intention of a testator with respect to his property which he desires to be ..... as a special condition of a continuous and institutional nature, differing from the legal position of the normal person which is conferred by law and not purely by the act of the parties, whenever a person occupies a position of which the creation, continuance or relinquishment and the incidents are a matter of sufficient social or public concern ..... status carries with it attribution of a fixed quota of capacities and incapacities, but it does not directly compel the holder to do or refrain from doing any particular act. capacity, on the other hand, is a legally conferred power to affect the rights of oneself and other persons to whom the exercise of the capacity is directed .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-30-1973
Reported in : AIR1973SC1281; (1973)1SCC781; [1973]3SCR835
..... justified in holding that to be unreasonable. for the purpose of determining the question of jurisdiction we shall have to examine the relevant provisions of the indian railways act, 1890, hereinafter called the 'act'. section 3 contains the definitions. clauses 11 and 13 defining the words 'traffic' and 'rates' are as follows :-(11) 'traffic' includes rolling stock of every ..... a flexible state and there is a good deal of substance in the submission on behalf of the plaintiff-respondent that a complaint was not filed under section 41 of the act because the rates which were being paid and actually accepted were the same as the contractual rates and not the revised or enhanced rates. according to ..... of the notice or intimation of enhancement of rates on the ground of non-compliance with its terms the suit could not be held barred under section 26 of the act and the civil court could grant the relief claimed.9. we have not been shown any serious infirmity in the reasoning of the high court by .....
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