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 : Rajasthan
Decided on : Jan-18-1973
Reported in : AIR1973Raj295; 1973()WLN65
..... other document, but over and above it the special requirements of attestation prescribed by section 63 of the indian succession act, have to be proved., the test to be applied regarding the proof of the will, will be the usual test of the satisfaction of the court as ..... of proving its execution. these are the general provisions relating to the manner of proving a document.18. then so far as the wills were concerned sections 59 and 63 of the indian succession act were also relevant. thus in the case of a will there are additional requirements. a will has to be proved in the first instance like any ..... in deciding how it is to be proved, reference must inevitably be made to the statutory provisions which govern the proof of documents. sections 67 and 68 of the evidence act were relevant for this purpose. under section 67, if a document is alleged to be signed by any person, the signature of the said person must be proved to be .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-18-1973
Reported in : AIR1974All36
..... 1. this revision has been filed against the order of the court below holding that it has jurisdiction to deal with the petition filed under section 9 of the hindu marriage act for the relief of restitution of conjugal rights and for other reliefs in the elternative. the court below has held that the husband and wife last ..... resided together in allahabad and hence allahabad court has jurisdiction. section 19 of the hindu marriage act provides that a petition under the act shall be presented to the district court within the local limits of whose ordinary original civil jurisdiction the marriage was solemnized or ..... on the date of institution of the petition in allahabad. the question to be determined was whether husband and wife had last resided together in allahabad. 2. section 19 does not deal with the length of residence, even a short residence may be sufficient to give the court jurisdiction to entertain the petition. the court .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-18-1973
Reported in : AIR1973P& H426
..... it was precisely for this reason that the governor expressed a desire for the issuance of a preliminary notification. when a preliminary notification under section 5(1) of the act is issued it entitles all concerned to file their objections and these objections have to be taken into consideration before the government issues a final ..... did not take into consideration the objections filed by the petitioners which was a condition precedent for the issuance of a notification under section 5 of the punjab municipal act (hereinafter called the act). shri r. k. chhibbar, the learned counsel for the respondents has placed before me the entire record on the case. a ..... has established a textile mill in village chachoki, tehsil phagwara. on december 23, 1971, the state of punjab issued a notification under sections 5 and 6 of the punjab municipal act by which it invited objections from the affected persons regarding the proposed exclusion and inclusion of areas within the limits of municipal committee, .....
Tag this Judgment!Court : Himachal Pradesh
Decided on : Jan-18-1973
Reported in : 1973CriLJ1527
..... sessions judge also considered that the magistrate had even decided the case under section 137 and, therefore, according to him no further proceedings were required to be taken up. in other words the learned sessions judge considered that the preliminary order ..... opinion that there was no reliable evidence in support of such denial of public right. he, therefore, directed the petitioners to appear before him for further proceedings under section 137.2. against the order of the learned magistrate, the petitioners came up in revision before the sessions judge, nahan but they did not succeed. the learned ..... to exercise their right of passage upto the temple. the expression 'public place' is not defined in the criminal procedure code or in the penal code. in queen v. wellard, (1884) 14 qbd 63, grove, j., laid down that a public place 'is a place where the public go, no matter whether they have a right to go or .....
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 : Orissa
Decided on : Jan-19-1973
Reported in : AIR1973Ori232; 39(1973)CLT243
..... he seeks the relief, he has acted in an unfair or unequitable manner, he cannot have this type of relief. the views expressed and the principles enunciated on this question in the decision in air 1940 lah ..... governed by the aforesaid equitable principles. in the above view of the matter, the plaintiff who asks for an injunction must be able to satisfy the court that his own acts and dealings in the matter have been fair, honest and free from any taint or fraud or illegality, and that if, in his dealings with the person against whom ..... right in digging a nala or doing anything on the suit land, much less to damage and/or adversely affect the plaintiff's land in any manner, the court below acted illegally in not granting the plaintiff's prayer for a permanent injunction restraining the defendants from digging a nala on the suit lands belonging to the plaintiff and/or from .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-19-1973
Reported in : AIR1974P& H46
..... suresh chand against the union of india. it was instituted on february 16, 1957. the evacuee property was purchased at public auction on a statutory sale under section 20 of the act read in conjunction with rule 87 of the displaced persons (compensation and rehabilitation) rules, 1955 on the highest bid of rs. 49,100 given by parma nand ..... issue no. 1 to the effect that civil court had no jurisdiction, the court of the district judge took the view that civil court had jurisdiction and section 46 of the act was no bar to the maintainability of the suit. having given findings on other issues in favour of the plaintiff, the district judge, while allowing the appeal ..... without consideration and legal necessity and the sale proceeds had been frittered away by the vendor for immoral purposes. on february 25, 1958, the land was, under section 20 of the act, put to sale by the managing officer at public auction. the highest bid of rs. 49,100 of parma nand plaintiff was accepted. he became the owner .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-19-1973
Reported in : [1975]45CompCas16(Bom)
..... of the filled and empty tins and damages for the unexpired period of 50 years. the company filed complaint against the complainant and others under sections 78 and 79 of the trade and merchandise act alleging that the agreement had expired after one year and that the complainant had manufactured and expired after one year and that the complainant had ..... taking any action against them. all the accused have in committing this offence of cheating me acted in furtherance of common intention of each other and have aided and abetted each other. i, therefore, charge them under section 417 and 420 read with sections 34, 109 and 114 of the indian penal code and i request that this honourable court ..... could not be indicted under that section. 32. perhaps the true view appears to be what lord reid has stated : 'i think that the true view is that the judge must direct the jury that if they find certain facts proved then as a matter of law they must find that the criminal act of the officer, servant or .....
Tag this Judgment!Court : Rajasthan
Decided on : Jan-20-1973
Reported in : AIR1973Raj244; 1973()WLN52
..... the grounds that the appellants were khatedar tenants and could not be described as unauthorised occupants; that thev became khatedar tenants prior to the enactment of section 15a of the tenancy act that section 15a contravenes article 31 and 2nd proviso of article 31a(1) because it does not provide any compensation much less compensation at the rate of ..... if leased out on any terms whatsoever shall be deemed to have been let out temporarily within the meaning of the proviso to the sub-section (i) of section 15 of the tenancy act and no khatedari right shall accrue or shall be deemed ever to have accrued in any such land. this provision in the opinion of the ..... leased out on any terms whatsoever shall be deemed to have been let out temporarily within the meaning of the pro-viso to the said sub-section of the said section 15 of the tenancy act. section 14 of the tenancy act speaks of four classes of tenants, namely, (a) khatedar tenants, (aa) maliks, (b) tenants of khudkasht, and (c) ghair .....
Tag this Judgment!