Court : Orissa
Decided on : Jan-31-1973
Reported in : AIR1973Ori212
..... the suit lands on 26-11-1958 and cut and removed therefrom the ripe paddy crops raised by the plaintiffs due to which the plaintiffs instituted a criminal case under section 397 i. p. c, against these defendants, but they were acquitted on a particular plea as stated in the said paragraph. having stated so it is thereafter specifically ..... help of a large number of gundas trespassed into the suit lands, cut and removed the ripe paddy crops raised thereon by the plaintiffs, for which a case under section 379 i. p. c. was filed against these defendants. the trial court acquitted these defendants on their plea as specifically stated in the plaint, to be referred to ..... appeal is whether the article applicable to this case is article 142 or article 144 of the old limitation act.6. mr. swain, the learned counsel for the appellants states that the fact that the plaintiffs instituted a criminal case under section 379 i. p. c. in the year 1958 against some of the defendants as they trespassed into and .....
Tag this Judgment!Court : Rajasthan
Decided on : Jan-31-1973
Reported in : 1973CriLJ1336; 1973()WLN153
..... case. there is no denying the fact that the case of the accused clearly falls under clause 2ndlv to section 300 i. p- c. as the act was done clearly with the intention of causing such bodily injury as the offender knew to be likely to cause ..... had no intention of causing more harm than was neces-sarv. in this connection, reference may, be made to exception 2 to section 300 i. p. c- which runs as under:exception 2. culpable homicide is not murder if the offender, in the exercise ..... dhanni argued that dhanni at the worst exceeded the right of private defence of property and in this connection, he relied upon section 104 ipc and submitted that the offence which was being committed by gabdu was one of theft and criminal trespass and that gave ..... the death of gabdu. it is even conceded by learned counsel for the convict that the offence can be taken out of the purview of section 302 .....
Tag this Judgment!Court : Kolkata
Decided on : Jan-31-1973
Reported in : 1973CriLJ950
..... accordingly has travelled clearly beyond the ambit of the petition filed by 'the first party on 6-6-72 as well as the bounds of section 488 criminal procedure code and the different orders passed by him are not in accordance with the procedure established by law. the said orders therefore are bad ..... omnibus order. it is indeed intriguing that all these orders were passed in quick succession, on an application not even specifically stated to be one under section 488 criminal procedure code and containing no definite prayers excepting for 'necessary orders'.6. the facts and circumstances referred to above bring to light an .amazing state ..... body of persons appointed for that purpose.' i respectfully agree. the backdrop of proceedings under section 488 criminal procedure code, in any event does not give any scope for any distinction between an administrative act and a quasi-judicial act. orders passed in such proceedings are judicial orders. i accordingly hold that the orders impugned .....
Tag this Judgment!Court : Kolkata
Decided on : Feb-01-1973
Reported in : [1974]94ITR361(Cal)
..... trust deed dated 19th july, 1957, in holding that the maximum rate of tax could not be applied in this case on the 1st proviso to section 41(1), indian income-tax act, 1922. we must, however, observe that whatever we have said in this judgment are confined to the facts as prevailing in the relevant assessment years. ..... allowance which was payable to the settlor's wife should be separately assessed in the hands of the trustees as an amount specifically receivable by her under section 41 of the indian income-tax act, 1922, and should, therefore, be deducted from the total income receivable by the trustees from the trust estate. this aforesaid reference came up for ..... any definite share of the beneficiaries and, as such, he taxed the net income of the trust estate at the maximum rate under section 23(3) read with section 41 of the indian income-tax act, 1922.4. being aggrieved by the said order of the income-tax officer, the assessee filed appeals before the appellate assistant commissioner who .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Feb-02-1973
Reported in : AIR1974P& H201
..... the collector directed that sum of rs. 5,394.04 be paid as compensation to the respondents for their land acquired by the government. objections under section 18 of the act were entered on behalf of the respondents before the district judge claiming enhanced compensation. second additional district judge, to whom the objections were entrusted for disposal ..... . facts leading to the appeal and the plea of its abatement raised on behalf on the respondents are as under:--2. notification under section 4 of the land acquisition act, hereinafter called 'the act' was issued on february 17, 1961 to acquire 649 bighas 19 biswas belonging to the respondents. this notification was followed by a notification ..... under section 6 of the act. it was issued on may 24, 1961. the collector gave a joint award on december 28, 1961 in favour of the four brothers. according .....
Tag this Judgment!Court : Delhi
Decided on : Feb-02-1973
Reported in : ILR1974Delhi35; 1973RLR266
..... fide because they have by their own action disabled themselves from using the rooms of nanak chand and shanti for the purposes of their residence contrary to section 19(2) of the act. they must accept either the one or the other alternatives. they cannot have it both ways.(16) for the above reasons, the tenant's appeal ..... pendency of the proceedings. respondent no. 1 got possession of two rooms from nanak chand and shanti. he was bound to occupy them as his residence under section 19 of the act. but he converted them into a shop. (3) in the notice given by the landlords to the tenant appellant on 26-8-1967 the landlords alleged that ..... landlord withheld the water and electricity supplies of the tenant. on an application by the tenant under section 45 of the act, the said supplies had to be restored by the landlords. (6) there were also criminal proceedings between the parties under section 107 criminal procedure code.(4) in the first appeal, however, the rent control tribunal was of the view .....
Tag this Judgment!Court : Kerala
Decided on : Feb-02-1973
Reported in : [1974]93ITR314(Ker)
..... been advanced before us by counsel who dealt with various aspects elaborately is whether the trees in question can be said to be 'capital assets' as defined in section 2(14) of the act. the relevant part of that definition is in these terms : '(14) 'capital assets' means property of any kind held by an assessee, whether or not ..... rs. 40,633. the profits and gains arising from such sale were assessed by applying section 45 of the income-tax act, 1961 (hereinafter called 'the act'). by the income-tax officer. the assessee's appeal before the appellate assistant commissioner was accepted by that authority on the ground that the profits ..... of the case, the appellate tribunal was right in law is holding that the profit on the sale of shade trees is assessable as capital gains under section 45 of the income-tax act, 1961?' 2. during the accounting period relating to the year of assessment 1964-65, the assessee sold old shade trees (albizzia) for a sum of .....
Tag this Judgment!Court : Gujarat
Decided on : Feb-02-1973
Reported in : AIR1974Guj140; (1973)GLR952
..... corporation to the plaintiff, ceased to bear the character of rent and were converted into an actionable claim to recover a particular debt and, therefore, the provisions of section 12 of the rent act , which refer only 'rent' would have no application to the facts of the case.25. shri y. s. mankad, who appeared on behalf of the opponent ..... it the character of rent, it became purely an action able claim and, therefore, no payment or tender thereof was required to be made ,as contemplated by section 12 of the rent act. here sheri mankad has relied upon the above referred calcutta decision of : air1960cal378 , wherein it is held that a claim for arrears of rent loses the ..... 6th june, 1966, the rent in arrears till that date ceased to carry the character of rent and became an actionable claim and, therefore, provisions of section 12 of the rent act did not apply to the amount of rent, which was in arrears till 6th june, 1966. for this proposition sheri mankad has put reliance on the decision .....
Tag this Judgment!Court : Kolkata
Decided on : Feb-02-1973
Reported in : AIR1973Cal258,(1973)77CALLT367(HC),(1974)IILLJ106Cal
..... : [1959]1scr1236 that the award directing specific performance of contract of personal service involves & legal proposition which is clearly erroneous in view of section 21 (b) of the specific relief act. 1877,10. courts of law have, however, recognised exceptions to the principle of legal bar to specific enforcement of personal contract of service. ..... the government had no application as the instant dispute related to an individual workman outside the definition of industrial dispute, as provided in section 2(k) of the industrial disputes act, even assuming order 18 applies, no effect should be given to it as it was found that there was a breach of ..... mukherjee. : (1964)illj442sc . the termination was in breach of statutory obligation under an order framed by the central government under provisions of section 11(2) of the life insurance corporation act, 1956 and was set aside.11. mr. dutta. however, contended that these well recognised principles would be applicable when the employer is .....
Tag this Judgment!Court : Mumbai
Decided on : Feb-03-1973
Reported in : AIR1973Bom262; 1973MhLJ451
..... of the jahagirdar; they were not in actual possession thereof but the defendant no.1, who being in possession had become the occupant under the provisions of section 68 of the act. the land was put to partition amongst the defendants and fell to the share of defendants nos. 2 to 4, and the state further recognised the right ..... by a sale deed. upon that he further held that the transfer made by umabai would be void.14. the learned single judge further considered whether section 43 of the transfer of property act was available to the transferee and answered it in the negative.15. then the question as to whether the property being inam property, and not ..... , we are not inclined to enter upon the question whether the transfer admittedly made in favour of the defendant no.1 was void or violable or section 43 of the transfer of property act is attracted.35. in the result, therefore, this appeal would be allowed and the suit of the plaintiffs would stand dismissed. the cross-objection filed .....
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