Court : Chennai
Decided on : Nov-02-1973
Reported in : (1974)1MLJ380
..... stipulation made by the tenant in writing registered as to the erection of buildings' so as to attract, in favour of the landlord, the proviso to section 12 of the act.13. the question as to whether a tenant who had covenanted in an unregistered lease deed that the tenant was not to raise any building but who ..... -1 that : the commencement of the lease and the occupation of the site will be after the respondent, obtained necessary sanctions from the various authorities lite the inspector of explosives, the commissioner of police, and the . corporation of madras. on 9th september, 1955 under exhibit; b-2 the appellant replied, to exhibit b-1 by stating that ..... the respondent in putting up the superstructure notwithstanding his awareness that the lease was a terminable one cannot disentitle the respondent to the benefits conferred under sections 3 and 9 of the act if he were otherwise entitled to the same.15. it now remains for me to consider the second main argument of mr. sivamani viz., that .....
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 .....
Tag this Judgment!Court : Chennai
Decided on : Sep-12-1973
Reported in : AIR1974Mad375
..... goods so as to escape from liability. in view of the fact, that the trial court was absolutely oblivious to the change effected in section 73 of the indian railways act by act 39 of 1961, it had no occasion to frame the necessary issues and concentrate its discussion on the real points that had to be decided ..... the consignee; (g) natural deterioration or wastage in bulk or weight due to inherent defect, quality or vice of the goods; (h) latent defects; (i) fire, explosion or any unforeseen risk; provided that even where such loss, destruction, damage, deterioration or non delivery is proved to have arisen from any one or more of the aforesaid ..... liability of the railways in this behalf has been completely changed by virtue of the amendment to the relevant sections of the act made in 1961. section 73 of the act so amended is as follows:'73. save as otherwise provided in this act, a railway administration shall be responsible for the loss, destruction, damage, deterioration or non-delivery, in .....
Tag this Judgment!Court : Kolkata
Decided on : Sep-03-1973
Reported in : [1978]111ITR542(Cal)
..... supply corporation limited or otherwise. (4) in the event of the demised premises or any part thereof being damaged or destroyed by fire, explosion, tempest, earthquake, storm, flood,riot, civil commotion, war, act of god or other irresistible force forthwith at its own expense to rebuild or reinstate or replace the demised premises so that the same may ..... and in its application the assessee had suggested four questions. on the said application of the assessee and on the aforesaid facts the tribunal under section 66(1) of the indian income-tax act, 1922, has referred the following questions of law to this court:'1. whether, on the facts and in the circumstances of the case, the ..... really a lease of an entire undertaking for a long term. the learned standing counsel has drawn our attention to section 105 of the transfer of property act and also to sections 108 and 111 of the said act. he has contended that the document in question is clearly a document of lease as provided in the transfer of .....
Tag this Judgment!Court : Chennai
Decided on : Jul-30-1973
Reported in : (1974)2MLJ179
..... as is generally done with regard to an authority who exercises general powers of superintendence. consequently, simply as a matter of construction, though sub-section (1) of section 21 of the act does not expressly state whether the power should be exercised sua motu or on application it can be easily held that the power can be exercised ..... life', and that the legislature must have intended to insert the words 'or such serious personal injury', otherwise the words 'or if any serious personal injury arises from explosion therein' were wholly inoperative. the court, however, declined to imply that these words had been omitted by accident and the court stated, ' we cannot take upon ourselves ..... of coal mines act of 1855, which enacted that if loss of life to any person employed in a coal mine occurs by reason of any accident within such coal mine, or if any serious personal injury arises from explosion therein, the owner of such mine shall, within twenty-four hours next after such loss of life .....
Tag this Judgment!Court : Kerala
Decided on : Jul-24-1973
Reported in : [1975]101ITR334(Ker)
..... and the order appealed from within the time allowed to cure the said defects as per exhibit p-1. the petitioner also pleaded that due to the explosive and dangerous situation faced by the agriculturists in that area on account of labour agitation, he could not meet his advocate and arrange for the filing of ..... the appeals as time-barred, stating that the grounds stated by the petitioner for condoning the delay were vague. the petitioner then filed two applications under section 36 of the act stating that the period of limitation for filing the appeals had to be reckoned with reference to the certified copy of the order of the appellate assistant ..... account in reckoning the period of limitation, since a copy of the appellate order had been communicated to him by the appellate assistant commissioner, and that section 36 of the act under which the petitioner applied for rectification of its previous order had no application to the case. the petitioner has then filed this writ petition to .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-23-1973
Reported in : AIR1973SC2474; (1973)2SCC449; [1974]1SCR266
..... /34 and 333/34 indian penal code, section 25 of arms act read with section 34 indian penal code, section 27 arms act read with section 34 indian penal code, section 3 explosive substances act read with section 34 indian penal code, section 4 explosive substances act read with section 34 indian penal code, section 5 explosive substances act read with section 34 indian penal code and section 6 explosive substances act read with section 34 indian penal code. in the alternative ..... , there were charges against the accused for the above offences read with section .....
Tag this Judgment!Court : Chennai
Decided on : Jun-22-1973
Reported in : (1976)ILLJ15Mad
..... the labour court is in any way not warranted on the facts. it is only in cases where reinstatement of a worker whose services have been terminated would result in explosive industrial relations between the management and the terminated workers that it would be necessary for an industrial court to consider whether the alternative remedy of awarding compensation would be adequate ..... it is seen that there were conciliation proceedings before the labour officer which failed and consequent upon such failure a reference was directed by the state government under the appropriate section of the industrial disputes act. i cannot, therefore, see any error of law or erroneous exercise of jurisdiction in the award challenged.5. the writ petition is dismissed. .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-19-1973
Reported in : AIR1973SC1425; (1973)1SCC856; [1974]1SCR1
..... commit, any offence punishable with death or imprisonment for life or imprisonment for a term extending to seven years or more or any offence under the arms act, 1959 or the explosive substances act, 1908, where the commission of such offence disturbs, or is likely to disturb, public order; or(e) in the case of a person referred to ..... where a foreigner enters or attempts to enter india or is found with arms, ammunition or explosives, or where a foreigner enters or attempts to enter a notified area or is found therein in breach of section 3 of the criminal law amendment act, 1961, or where such a foreigner enters or attempts to enter in an area adjoining the ..... in clauses (a) to (f) of section 110 of the crpc, 1898, committing any offence punishable with imprisonment where the commission of such offence disturbs, or is likely to .....
Tag this Judgment!Court : Delhi
Decided on : Apr-06-1973
Reported in : 10(1974)DLT46
..... other than firearms. category vi does not specify any firearms' but refers to amnaunition which is defined as articles containing explosives or fulminating material, fuses and frictioa tubes, and ingredients as defined in section 2(1)(b) vil (10) schedule ilsets out, inter alia,the categories of arms and ammunitions and the licencing authorities ..... centrall government for that can be done only by means of a gazette notification as provided by sob-section (9)of section 17 of the arms act. 5. even if subsection (6) of section 17 of the armas act was 'attracted somebody has to determine the grouads for suspending or revoking a license and that determination can ..... question of issue of license executive directions issued particularly of license executive directions issued particularly prior to the commencement of the statute, i.e the arms act, 1959, cannot form the ebasus of refusing renewal of llcence it may be noticted that the executive directions relied upon by the respondents is the policy .....
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