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 : Oct-19-1973
Reported in : AIR1974SC171; 1975(0)BLJR387; 1974MPLJ20(SC); (1974)1SCC3; [1974]2SCR90; 1973(5)LC911(SC)
..... the dismissal of her appeal, before the limitation for filling the suit under order 21, rule 103 had run out assuming this evidence was admissible under section 13 of the evidence act, it was inconclusive and had been out-weighed by the other determinative circumstances and the preponderating probability that the purchase money came from mst. hakimunnissa ..... older whereby mst. hakimunnissa is claim of her being the real owner of the attached house was dismissed, was a weighty piece of evidence admissible under section 13 of the evidence act, and, taken in conjunction with the judgment, dated 22-11-1950, vide ex.e(1)1 and the recitals in the deed, was sufficient to ..... trial court with some modification, was maintained. sahu then took out execution of his decree against the judgment-debtor, abdul karim. mst. hakimunnissa filed an application under section 47 (under 0.21, rule 57,) of the cpc claiming that tike attached house in plot 216 was her exclusive property and her husband had no right or .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-11-1973
Reported in : AIR1974SC183; 1974CriLJ286; (1974)1SCC103; [1974]2SCR12
..... even suo moto,. from the appropriate government, if it deems it necessary to do so. the whole opinion of the board is not confidential under section 11(4) of the act. the effectiveness of the representations made by the detenues could only be guaged after the advisory board has given its opinion. the question whether the grounds ..... at least until the report has been made by the advisory board before complaints that he has been really. deprived of any right under the act. if the provisions of section 11(1) of the art ,ire valid he could not complain that he has been denied a constitutional right of making a representation merely because ..... inquiries into allegations made by the petitioners. their cases, with their representations, had been sent by the government of assam to the advisory board constituted under section 9 of the act. the advisory board, before which the petitioners' cases are pending, had the jurisdiction to consider all the contentions of the detentes on questions of fact and .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-09-1973
Reported in : AIR1974SC26; (1974)1SCC1; 1973(5)LC835(SC)
..... jurisdictional error or error of law apparent on the face of record in the order passed by government in the exercise of its power under section 33 of the act and whether the high court was wrong in declining to exercise its jurisdiction under the articles.8. on behalf of the appellants it was ..... so no reliance can be placed on the affidavits produced by the appellants.5. the appellants filed an application for revision of the order under section 33 of the act before the union of india, department of rehabilitation. the revision was dismissed for substantially the same reasons as those given by the chief settlement ..... settlement commissioner, jullundur, for appropriate action. the chief settlement commissioner, jullundur, in the exercise of his power under section 24(2) of the displaced persons (compensation and rehabilitation) act, 1954, hereinafter called the 'act', issued notice to the appellants to show cause why the allotment should not be cancelled. the appellants appeared before him .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-25-1973
Reported in : AIR1974SC37; (1973)IILLJ495SC; (1974)3SCC498; [1974]1SCR747
..... doubtful whether regular part time service can be considered even prima facie to suggest anything other than a contract of service. according to the definition in section 2(14) of the act, even if a person is not wholly employed, if he is principally employed in connection with the business of the shop, he will be a ..... on the basis of his finding that the workers represented by the second respondent union were employed in the establishment within the meaning of section 2(14) of the act, and, therefore, the act was applicable.4. the appellants filed an appeal against the decision to the division bench of the same court. the division bench dismissed ..... the factory after making arrangements for the manufacture of salt.10. the question for decision was whether the agarias were workmen as defined by section 2(s) of the industrial disputes act of 1947 or whether they were independent contractors. the court said that the prima facie test to determine whether there was relationship between employer .....
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 : Sep-20-1973
Reported in : AIR1973SC2658; (1973)2SCC773; [1974]1SCR707
..... advocate submits that chandayya shetty had an interest in the properties which he could bequeath by will.8. it appears to us that the provisions of the madras act particularly section 36(2)(h) with its explanation without doubt indicates the time when a share of kavaru is ascertained or a partition in the family and whether property is ..... a share on that basis. the provision is also applicable to every kavaru possessing separate property as if it were a kutumba. however, under sub-section (3) of section 36 of that act if at the time of the partition any kavaru taking a share is a nissanthathi kavaru it would have only a life-interest in the property allotted ..... share as per the preliminary decree. therefore, the contention that interest obtained by the first defendant under the preliminary decree stood enlarged as a result of section 30(1) of the 'act' must fail.16. the above statement of the law which meets the several contentions raised before us is in consonance with our own reading of the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-20-1973
Reported in : AIR1973SC2701; (1973)IILLJ473SC; (1974)3SCC459; [1974]1SCR697; 1974(1)SLJ286(SC); 1973(5)LC882(SC)
..... took charge in compliance with the order. by ex. a-49 the director-in-charge said that the appellant should take charge of the entire files in the weeding section and that no further arrangement is possible, apparently referring to the requirement of two clerks for taking charge.11. besides the circumstances relied on by the trial court, ..... the several thousand files, and registers, all of them being very old and mainly in urdu, two clerks, knowing english and urdu should be posted to the weeding section to check each file in a manner prescribed by government. by ex. a-13 the assistant director ordered that the appellant should take charge immediately and comply with the ..... 10 dated 15-10-1955. manvi who was the assistant director at the time, called for the explanation of the appellant regarding theft of 164 files in the weeding section in which the appellant was the superintendent. the appellant replied by ex. a-97 dated october 18, 1955 stations that he had no idea of the missing files .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-18-1973
Reported in : AIR1973SC2734; 1973(0)KLT896(SC); (1973)2SCC713; [1974]1SCR671
..... of agrarian reform is essential, apart from taking over of janman rights, to make the law valid. in the present case a concrete agrarian project is presented by section 10 of the forest act. a substantially similar programme was considered by this court in kannan devan's : [1973]1scr356 . case and approved as sufficient to impart to the statute invulnerability ..... a scheme for agrarian reform and we do not see any good reason why we should take a different view with regard to the scheme envisaged in section 10 of the impugned act.36. the high court thought that the scheme was not real or genuine but illusory and has given some reasons in para 12 of the judgment ..... rights being an 'estate' are liable to be acquired by the state under article 31a(1)(a) as a necessary step to the implementation of agrarian reform. section 3 of the impugned act vests the ownership and possession of all private forests in the state. therefore they would attract the protection of article 31a(1). it would not be, in .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-18-1973
Reported in : AIR1973SC2667; 1973CriLJ1801; (1973)2SCC688; [1974]1SCR662; 1973(5)LC814(SC)
..... them to organise the movement in a systematic manner, raising volunteers and setting offices at suitable places in punjab. you further directed them to collect arms, explosives etc. for use for the achievement of the object at the proper time. you further instigated them to create hatred amongst hindus and sikhs and cause communal ..... makers in their wisdom have provided for it. it is not necessary to give further examples to show that prejudicial activities contemplated under section 3(1) of the maintenance of internal security act are not necessarily activities prohibited or made punishable by a specific provision of law. the cases relied upon to support the contrary proposition ..... detention is not a punishment for an offence. to accept the argument on behalf of the appellant would make the grounds given in section 3(1) of the maintenance of internal security act meaningless. take for instance action prejudicial to the relations of india with foreign powers. as far as we are aware, there is .....
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