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 : Nov-22-1973
Reported in : AIR1974SC423; 1974LabIC353; (1974)ILLJ260SC; (1974)1SCC218; [1974]2SCR335
..... or inducing factor which influences the government to take action is different and is connected with some disqualification or inefficiency of the officer. in other words government while pretending to act in terms of the contract of service or service rules, in reality wants to get rid of the officer concerned or to reduce him to a lower rank by way .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-21-1973
Reported in : AIR1974SC299; 1974CriLJ350; (1974)3SCC628; 1973()WLN992
..... offences. if the complainant succeeds in proving the other offences, it would be academic to consider whether the learned magistrate can take cognizance of the offence under section 471 because it is hardly likely that a separate sentence would be imposed for that offence. on the other hand, if the charge in regard to the ..... the allegations made by the complainant may reasonably be susceptible of the construction that the offence of using a forged document as genuine which is made punishable under section 471 was committed by the appellants in their capacity as parties to a mutation proceedings. that, however, raises the further question whether the will was 'produced ..... of she penal code. the appellants took a preliminary objection that the court was incompetent to take cognizance of the offences by reason of the provisions contained in section 195(1)(c) of the crpc. the objection was rejected by the learned magistrate, the sessions court refused to make a reference to the high court and .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-19-1973
Reported in : AIR1974SC710; 1974CriLJ631; (1974)1SCC374; [1974]2SCR282
..... powers and authority are 'in relation to the administration of justice including power to appoint clerks and other ministerial officers of the court.' section 223 of the government of india act, 1935 preserves the jurisdictions of the existing high courts and the respective powers of the judges thereof in relation to the administration of ..... disciplinary control over them, that is a function which though described as administrative is really in the course of administration of justice. similarly section 9 of the high courts act, 1861 while conferring on the high courts several types of jurisdictions and powers says that all such jurisdiction and powers are 'for and ..... prima facie, amounts to gross scandalization of the high court.36. the law applicable to this case is the law as contained in the contempt of courts act, 1971 no. 17 of 1971. section 2 defines 'contempt of court', as either 'civil contempt' or 'criminal contempt'. clause (c) defines 'criminal contempt' as follows :(c) 'criminal .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-12-1973
Reported in : AIR1974SC158; (1974)1SCC141; [1974]2SCR240
..... in all these cases, since the entire contract is put an end to the arbitration clause, which is a part of it, also perishes along with it, section 62 of the contract act incorporates this principle when it provides that if this parties to a contract agree to substitute a new contract or to rescind or alter it, the original contract ..... disputes to arbitration and the other party takes a plea that there was a final settlement of all claims, is the court, on an application under sections 9(b) and 33 of the act, entitled to enquire into the truth and validity of the averment as to whether there was or was not a final settlement on the ground that ..... the parties. soon thereafter the sole arbitrator j.n. mullick issued a notice to the appellant and consequently the appellant had to file an application under sections 9(b) and 33 of the act challenging the validity of the appointment of the sole arbitrator. in paragraph-16 of the petition the appellant stated :.all claims and demands as between the .....
Tag this Judgment!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 : 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 : Oct-31-1973
Reported in : AIR1974SC228; 1974CriLJ313; (1974)1SCC167; [1974]2SCR154
..... article of food and, as such, the admixture of any sweetener cannot attract the penal provisions at all. he who runs and reads the definition in section 2(v) of the act will answer back that supari is food. the laxicographic learning, pharmacopic erudition, the ancient medical literature and extracts of encyclopaedias pressed before us with great industry ..... and cyclamate in official eyes has a bearing on the plea of the accused. it transpires that the central committee for food standards, constituted under section 23(1) of the act is stated to have accepted the recommendation of its sub-committee to the effect that saccharin may be permitted to be used in scented supari to ..... exculpatory bow, challenged the vires of rules 44(g) and 47 of the prevention of food adulteration rules (hereinafter called 'the rules'), and even of section 23(2) of the act as being violative of articles 14 and 19(1)(f) and (g). the reliefs claimed in both the writ petition and the criminal appeal converge towards .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-30-1973
Reported in : AIR1974SC111; (1974)1SCC11; [1974]2SCR116
..... and the liability of the appellants to hand over possession of the land to the respondent under the decree have been kept intact by section 22 of the act.8. the provisions of section 4 of the act have been reproduced above and it is manifest therefrom that with effect from the appointed day, viz, april 1, 1963 all patel watans ..... to the conclusion that the right of the erstwhile watandar to the possession of the watan lands also comes to an end. indeed, clause (iv) of section 4 of the act expressly provides that the resumption of watan land consequent upon the abolition of patel watans and the extinguishment of incidents appertaining to the said watans would be ..... also be not executed with effect from the appointed day. this contention, in our opinion, is not well-founded. what is contemplated by the opening clause of section 4 of the act is that notwithstanding any usage or custom or anything contained in any settlement, grant, agreement, sanad, or any decree or order of a court or the .....
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!