Court : Supreme Court of India
Decided on : Mar-16-1973
Reported in : AIR1973SC1311; (1973)1SCC761; [1973]3SCR691
..... with a default clause; it is similarly competent for the civil court to execute such a decree when default has occurred. the proviso to sub-section 2 of section 13 of the act is not attracted in such circumstances as no question of extending time granted to the tenant for putting the landlord in possession arises. in the ..... occupation. there is no controversy that if such a plea is established, an order of eviction of the tenant can be obtained by the landlord under section 10 of the act. the respondent no doubt at the initial stage denied the claim of the landlord. the landlord gave evidence on various matters with particular reference to ..... itself by an independent consideration regarding the bona fide requirement of the property by the landlord for his own occupation; and as such the decree contravened section 10 of the act. this application was opposed by the appellant in a lengthy counter-affidavrt. in this counter-affidavit, the landlord, after referring to the various items of .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-23-1973
Reported in : AIR1973SC1174; 1973MhLJ528(SC); (1973)1SCC639; 1973(5)LC546(SC)
..... may not, therefore, be binding on it.5. but even apart from contract we have no hesitation in holding that in all the three cases liability under section 70 of the contract act clearly arises. we do not understand why the high court thinks that the dispensary fund committees cannot be regarded as the owners or beneficiaries of the buildings ..... calculations and arrived at the figures for which the appellant was entitled to a decree. as the appellant can succeed in this case on the basis of section 70 of the contract act we think it would be a fair way of assessing the benefit obtained by the defendants to award the appellant 20 per cent of amount calculated according ..... is the amount due, and (ii) are the municipal committee of gondia and the state of maharashtra liable either on the basis of the contracts or under section 70 of the contract act.3. as regards the amount due, the contract itself provided that the rates were to be increased subject to increase in the pwd schedule of rates. the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-26-1973
Reported in : AIR1974SC366; (1974)1SCC468; [1974]2SCR398
..... 536 and anakapalle co-operative agricultural & industrial society ltd. v. union of india : [1973]2scr882 which are on the application of sub-section (3c) of section 3 of the 1955 act. that sub-section relates to sugar and there are special features for fixing of price. in panipat sugar mills case (supra) it is said that fair price ..... price that it does not secure a reasonable return on the capital employed in the industry. panipat sugar mills case (supra) is governed by sub-section (3c) of section 3 of the 1955 act and has, therefore, no relevance to the present case.63. the case of premier automobiles ltd. v. union of india [1972] 2 s. ..... to control production, supply and distribution and trade and commerce in certain commodities. cotton textiles formed one of the essential commodities specified in section 2(a)(ii) of the 1946 act. the 1955 act was also enacted to provide for the control of production, supply and distribution and trade and commerce in certain commodities. cotton textiles is .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-30-1973
Reported in : AIR1974SC136; (1974)ILLJ97SC; (1974)3SCC601; [1974]2SCR128; 1974(1)SLJ272(SC)
..... the allegations which formed the basis of the impugned action. that apart, in its view the impugned action came within the provisions of section 11a of the industrial disputes act-hereinafter called 'the act'-according to which it would be the duty of the court to satisfy itself whether the order or dismissal or discharge was justified or ..... to it, the contribution by the respondent does not indicate that he was a permanent employee.18. the next question is whether section 11a of the act is applicable to this case. that section provides that where an industrial dispute relating to the discharge or dismissal of a workman has been referred to a labour court tribunal ..... this court in the workmen of m/s. firestone tyre & rubber company of india (pvt.) ltd. v. the management and ors. : (1973)illj278sc , that this section has no retrospective operation on the pending references.19. in our view the termination of the services of the respondent is not mala fide or punitive but the appointment of .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-06-1973
Reported in : AIR1973SC2407; 1973CriLJ1589; (1974)3SCC277; [1974]1SCR328
..... and in mentioning a wrong place of occurrence. as would appear from the narration of facts, only members of one party received injuries as a result of the explosion of hand-grenade. if the hand-grenade had exploded in a large gathering near the village gurudwara, it is not likely that the splinters from the exploded hand- ..... received fatal injuries. injuries were also received by ajit singh, jarnail singh, mohinder singh and harbans singh fws. learned sessions judge convicted jagir singh and baljit singh under section 302 indian penal code on two counts for causing the death of joginder singh and lakha singh deceased and sentenced them to death on each count. the said two accused ..... of these witnesses more closely. if their evidence can stand that test, as it does in the present case, there is no reason why it should not be acted upon. some of the witnesses are close relatives of the deceased persons and it is most difficult to believe that they would spare the real assailants and falsely .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-21-1973
Reported in : AIR1974SC1505; (1974)4SCC408; [1974]3SCR1; [1974]33STC200(SC)
..... commercial tax officer 20 s.t.c. 150, the high court of madras held that sub-sections (2), (2a) and (5) of section 8 of the act were bad for the reason that they violated the provisions of articles 301 and 303(1) of the constitution this was on the basis that the ..... common judgment. these appeals are preferred against the judgment on the basis of certificates granted by the high court and they raise the common question, namely, whether section 8(2)(b) of the act is bad for the reason that the provisions thereof offend articles 301 and 303(1) of the constitution.2. in larsen and toubro ltd. v. joint ..... before the high court of madras, the respondents claimed that they were not liable to be taxed at the higher rate prescribed in section 8(2)(b) of 'the central sales tax act, 1956 (hereinafter called the act) on the turnover of their sales in the course of inter-state trade to government or unregistered dealers even though they had not .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-19-1973
Reported in : AIR1974SC639; 1974CriLJ590; (1974)4SCC247; [1974]2SCR821; 1974(6)LC149(SC)
..... under consideration was not questioned at all. we, therefore, think that this particular excise inspector could be treated as an expert within the meaning of section 45 of the evidence act. the excise inspector had, in addition to employing the smelling test, used all the other tests he could reasonably adopt. if his competence to give ..... before us is whether the excise inspector, whose evidence was under consideration, had sufficient knowledge to be deemed to be an expert within the meaning of section 45 of the evidence act so that the tests adopted by him, together with all the attendant circumstances, could establish beyond doubt that the appellant was in possession of illicit liquor ..... circular road, meerut cantonment, from where the recovery was made, was taken after the issue of a regular search warrant (ex. ka. 1) under section 52 of the u.p. excise act, 1910, by a first class magistrate on 26-10-1967. the very detailed recovery memo (exhibit ka. 2) dated 27-10-1967 was signed by .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-24-1973
Reported in : AIR1973SC2655; 1973CriLJ1798; (1974)3SCC357; [1974]1SCR737
..... .l.r. 15 all. 173, was also referred to. the purport of that decision was explained to be that section 511 was not meant to cover only the penultimate act towards the completion of an offence; acts precedent, if those acts are done in the course of the attempt to commit the offence, and were done with the intent to commit it ..... cheated, he has embarked on a course of conduct which is nothing less than an attempt to commit the offence as contemplated by section 511. he does the act with the intention to commit the offence and the act is a step towards the commission of the offence.the decision in the queen v. ramsarun chowbey (1872) 4 n.w.p. ..... final part of an attempt in the larger sense is the only act punishable under the section. it says expressly that whosoever in such attempt, obviously using the word in the larger sense, does any act, etc., shall be punishable. the term `any act' excludes the notion that the final act short of actual commission is alone punishable.7. this court also .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-22-1973
Reported in : AIR1974SC1351; 1974CriLJ612; (1974)3SCC639; 1974(6)LC78(SC)
..... a serious knife injury. the appellant's version, however, made no mention whatsoever of the injuries caused by him to the deceased. the appellant, in his statement under section 342, cr.p.c., admitted that he had omitted to do so because of 'nervousness'. this means that the appellant was also afraid to reveal his own part in ..... that his own admission, contained in his report to the police (exh. 38), to which we have already referred, itself discloses that chanduji deceased was unarmed. no such act of chanduji deceased against the appellant is proved or suggested which could justify the infliction of an injury on his head of the nature which is clearly shown to have ..... we think that it is far more likely that the occurrence took place 'without premeditation in a sudden fight in the heat of passion without taking undue advantage or acting in a cruel manner'. the whole pattern of the case and facts admitted by both sides lead us to believe that this was the more natural and correct inference .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-24-1973
Reported in : AIR1973SC2380; (1973)2SCC746
..... of the conditions of the auction. the appellant is, therefore, clearly entitled to the refund of his money. furthermore, the contract itself not being in accordance with section 175 of the government of india act is void and the appellant is entitled to the refund of his money. we are unable to understand the reasoning of the high court when it proceeds ..... the coal is said to have been ultimately disposed of for a paltry sum of rs. 111/-.8. finally, on 23-11-1951 the appellant sent a notice apparently under section 80 of the cpc, and received a reply on 24-12-1951 that according to the terms of the auction sale the railway administration was not liable to refund the .....
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