Court : Delhi
Decided on : Nov-27-1973
Reported in : 10(1974)DLT163
..... statute under which they are framed. under section 5 of the act the expression public emergent includes an economic emergency. this was so held by the division bench in roop lal's case. the expression used in rule ..... under rule 422.(20) shri daljit singh, another learned counsel for the respondents, argued that the administration notifications issued by the delhi administration under section 5 of the indian telegraph act were not published in the official gazette. they were not known to the petitioners. further, copies thereof were filed in roop lal makkar's ..... disconnecting the telephones were had as they were passed without issuing previous notices to the petitioners. let us consider the contentions serialtim.(10) according to section 20 of the general clauses act, 1897, as a general rule, expressions used in the rules framed under a statute would, have the same meaning as they have in the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-27-1973
Reported in : AIR1974SC405; (1974)3SCC719; [1974]2SCR429
..... election expenses are well within the limit of rs. 12,000/- and consequently the appellants' charge against the first respondent for committing corrupt practice under sub-section (6) of section 123 of the act is not established.72. under the first head of corrupt practice as we have seen earlier, the allegation is that at the public meeting held on ..... his workers with his consent or the consent of his election agent, and as such there was no corrupt practice committed within the meaning of sub-section (3) of section 123 of the act.33. this finding has been attacked by the learned advocate for the appellants on the ground that the appreciation of evidence by the learned judge of ..... election of that candidate which prejudicially affects the election of any candidate, then he will be guilty of a corrupt practice within the meaning of sub-section (3) of section 123 of the act. there is no doubt that exts. 42 and 43 make a communal appeal to kunbi and teli voters to vote for respondent no. 1. not .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Nov-27-1973
Reported in : AIR1974P& H225
..... at the rate of rs. 100/- per month with effect from the date (15-4-1972) of her application made in the court of first instance under section 24 of the act. there is no interference with the amounts fixed as litigation expenses in the two courts. the parties shall bear the costs incurred by them in this appeal, ..... by a division bench of this court in usha v. sudhir kumar, ilr (1973) 2 punj and har 248, that in the wife's application under section 24 of the act, the provision for necessities of the minor children can also be taken into account while fixing the quantum or rate of interim maintenance. even if the respondent has ..... . during the pendency of the husband's petition for restitution of conjugal rights against his wife under section 9 of the hindu marriage act, 1955(hereinafter briefly referred to as 'the act') both spouses had applied for interim maintenance under section 24 of the act. the husband's application for interim maintenance was dismissed and he has not filed any appeal. the .....
Tag this Judgment!Court : Delhi
Decided on : Nov-27-1973
Reported in : 1974CriLJ1363
..... pending actions and prosecutions could not be proceeded with after the repeal of the law under which they were started. this rule was, however, changed by the interpretation act of 1889, section 38 ... with every respect to the great judges who administered the common law in england (like tindal, c. j.) during the earlier period of british history and ..... for the appellant is correct and must be accepted. this court pointed out in c.s.d. swamy v. the state : 1960crilj131 , that sub-section (3) of section 5 of the prevention of corruption act, 1947, does not create a new offence but only lays down a rule of evidence.... it appears to us that the learned special judge and ..... with and an accused can be punishable for violation of that law even after the commencement of the constitution. but, argued shri garg, the effect of the repeal of section 5 (3) by act no. 40 of 1964, as contrasted with the effect of article 13 (1) of the constitution, was retrospective. the words 'as if' used by tindal, c .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-27-1973
Reported in : AIR1974SC338; [1974(28)FLR144]; (1974)ILLJ270SC; (1974)1SCC338; [1974]2SCR485; 1974(1)SLJ123(SC); 1974(6)LC71(SC)
..... , appears to us that the high court had taken in view that the action against the appellant, being penal and violative of the constitutional protection afforded by section 240(3) govt. of india act, was void, and, therefore, could be ignored as 'non est'. similarly, the order abolishing the post of office superintendent, having been passed with an ..... plaintiff's grievance, the trial court held that it could not take the place of fullfledged enquiry to which the appellant was entitled under section 240 clause 3 of the govt. of india act and the procedural safeguards in a disciplinary action. it, therefore, held that the order of demotion passed against the appellant on 29-6- ..... again on 22-3-1962, to find out the result of his appeal, but he received no answer. therefore, finally he served a notice on 24-9-1962 under section 80 civil procedure code upon the general manager, north eastern railway, gorakhpur, and the union of india. he claimed that rs. 21,088 .04 was due to him as arrears .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-26-1973
Reported in : AIR1974SC366; (1974)1SCC468; [1974]2SCR398
..... 536 and anakapalle co-operative agricultural & industrial society ltd. v. union of india : [1973]2scr882 which are on the application of sub-section (3c) of section 3 of the 1955 act. that sub-section relates to sugar and there are special features for fixing of price. in panipat sugar mills case (supra) it is said that fair price ..... price that it does not secure a reasonable return on the capital employed in the industry. panipat sugar mills case (supra) is governed by sub-section (3c) of section 3 of the 1955 act and has, therefore, no relevance to the present case.63. the case of premier automobiles ltd. v. union of india [1972] 2 s. ..... to control production, supply and distribution and trade and commerce in certain commodities. cotton textiles formed one of the essential commodities specified in section 2(a)(ii) of the 1946 act. the 1955 act was also enacted to provide for the control of production, supply and distribution and trade and commerce in certain commodities. cotton textiles is .....
Tag this Judgment!Court : Delhi
Decided on : Nov-26-1973
Reported in : ILR1974Delhi660
..... on the petitioner by law independently of any agreement between the parties. the state bank of india was established by the state bank of india act, 1955. by section 7 of the act, the services of the employees of the then imperial bank of india were transferred to the state bank of india and each employee was ..... it considers necessery or desirable for the efficient performance of its functions, and determine the terms and conditions of their appointment and service. according to section 16 of the general clauses act, thereforee, the state bank had also the power to dismiss such persons who could be appointed by it. in pradyat kumar bose v. the ..... [1959]1scr1236 , the essentially contractual nature of the employment of a professor of the university is recognised. the award of the arbitrator appointed under section 45(2) of the delhi university act was set aside as disclosing an error of law apparent on the face of the record inasmuch as the award purported to reinstate the professor contrary .....
Tag this Judgment!Court : Chennai
Decided on : Nov-26-1973
Reported in : (1974)2MLJ404
..... passing observation as stated above. i do not think the contention of thiru parasaran as if the rule of estoppel will be available only in cases where section 43, transfer of property act, can be invoked, is made as a proposition of law for all types of cases. the observations of the supreme court made in that decision is ..... thiru parasaran submitted that unless section 43, transfer of property act comes into play, a party cannot sustain his claim or right on a mere rule of estoppel. in that case,, the plaintiff who filed the suit ..... available to the defendants in view of the following observations therein:besides estoppel is but a rule of evidence and except in cases like those under section 43 of the transfer of property act, when a grant is fed by estoppel, the rule does not operate to create interest in property regarding which the representation is made.on this, .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-23-1973
Reported in : AIR1974SC555; 1974LabIC427; (1974)ILLJ172SC; (1974)4SCC3; [1974]2SCR348
..... of the election save and except the instructions issued by the petitioner on 4 march, 1971 with regard to promulgation of section 41 of the city police act and section 30 of the district police act; rounding up of bad elements and probation offenders and prohibition of processions. the order passed by the petitioner was reviewed ..... of police should form peace committees and request the political parties not to take out victory processions or indulge in violence. section 41 of the city police act and section 30 of the district police act were to be promulgated to regulate crowds.60. on 6 march, 1971 the chief minister rang up the petitioner and ..... department, and for pharmaceutical, medicinal and industrial products. the petitioner's recommendation to close the distillery would not only have created unemployment of a large section but also loss of important products. the way the affairs of the distillery were handled according to the suggestion and recommendation of the petitioner does not .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-23-1973
Reported in : AIR1974SC294; 1974CriLJ345; (1974)3SCC643; 1974(6)LC92(SC)
..... of a statement made during investigation to the asi by some witness whose name even has not been disclosed. since the asi had already registered the case under section 154, criminal procedure code, after obtaining the first information report from suraj bhan and proceeded to the spot in the course of investigation, any statement made by witnesses during ..... the course of investigation would be hit by section 162(1), criminal procedure code and inadmissible in evidence except for the purpose of contradiction of the witness when examined in court either by the accused or by prosecution ..... submits that the accused is 21 years of age and should be dealt with leniently or, at any rate, under the provisions of the probation of the offenders act. we are not at all satisfied that the accused was under 21 years of age at the time of occurrence. he has given different age at different .....
Tag this Judgment!