Court : Supreme Court of India
Decided on : Nov-23-1973
Reported in : AIR1974SC329; 1974CriLJ358; (1974)3SCC649; [1974]2SCR393
..... been recorded, no reliance can be placed on the circumstance that the statement bears the appellant's signature. besides in his examination under section 342, crpc, the appellant was not asked by the learned magistrate to offer any explanation whatsoever in regard to the statement. counsel ..... 9. the high court found an uncommon reason for believing kehar singh by saying that the fact that he was charged under section 429 of the penal code showed that the police were not inclined favourably towards him. the question before the high court was ..... at least in one case against a person called gajjan singh. krishan chand had figured as an accused in a prosecution under section 382 of the penal code initiated by one sham lal. he was also concerned with the commencement of security proceedings against a ..... , j.1. the learned judicial magistrate, 1st class, sunam convicted the appellant under section 9 of the opium act for being in possession of over 1 kg. of opium without a licence and sentenced .....
Tag this Judgment!Court : Mumbai
Decided on : Nov-22-1973
Reported in : 1980CENCUS242D
..... . was identified as dyes by the deputy superintendent himself, (ii) practice of the petitioners of reporting their production as dyes in their letters addressed to the dyes and explosives department central government, (iii) dr. tilak's report; and (iv) also from the order of the collector of central excise baroda in respect of similar production in ..... the mid-night of february 1961 and, therefore, the only question whether the said product can be said to be manufactured thereafter as contemplated by section 2(f) of the said act. for this purpose it was incumbent on the respondents to show that the processes of pulverisation and/or blending are necessary to complete the manufacture of ..... different from saying that such dyes in lump or crystal form is not known in the market, and therefore, are not manufactured as contemplated by section 2(f) of the central excises and salt act, 1944 (see supreme court case of south bihar sugar mills ltd. and another v. union of india (supra). in that case it .....
Tag this Judgment!Court : Chennai
Decided on : Nov-22-1973
Reported in : 1974CriLJ1114
..... no. 325 of 1971 of arumani police station under clause 3 of the southern states (regulations of export of rice) order, 1964 read with sections 3 and 7 of the essential commodities act and section 307, t. p.c. which is now pending trial before the additional i class magistrate, kuzhithurai in crime no. 922 of 1971 of kuzhithurai ..... police station under clause 3 of the southern states (regulations of export of rice) order 1964 read with sections 3 and 7 of the essential commodities act which ended in acquittal for want of legal evidence, respectively.10. the further averment in the order of detention against c. h. dhas (detenu) ..... three persons arthur hendrose alias manthri, c. h. dhas alias k. c. dhas alias rajan and c. wilson under section 3 (2) (b) read with section 3 (1) (a) (iii) of the maintenance of internal security act, 1971 (central act 26 of 1971). c. h. dhas and c. wilson were arrested and detained, but arthur hendrose is absconding and he .....
Tag this Judgment!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 : Punjab and Haryana
Decided on : Nov-20-1973
Reported in : [1975]98ITR458(P& H)
..... value of the gold. on this matter there is not enough material which would enable us to determine the question satisfactorily. in view of the provisions of section 27, sub-section (5) of the wealth-tax act, which is in the following terms:' if the high court or the supreme court is not satisfied that the case as stated is sufficient to enable ..... the department. in this situation, there could be but no other finding than the one given by the tribunal that the assessee was entitled to the relief under section 5(1)(ix) of the act.5. with regard to the second question, the matter is set at rest by two decisions of the supreme court in pandit lakshmi kant jha v. commissioner ..... of law for our opinion :'1. whether, on the facts and in the circumstances of the case, the value of 12 jeeps and trucks was exempt under section 5(1)(ix) of the wealth-tax act ? 2. whether the amount of rs. 1,09,201 was liable to be included in the net wealth of the assessee on the valuation date (april .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Nov-19-1973
Reported in : [1975]98ITR42(P& H)
..... only after the death of the deceased. it existed at no point of time either contingently or otherwise during the lifetime of the deceased. section 5 of the act is the charging section, section 2(15) defines 'property' and section 2(16) defines 'property passing on the death '. these provisions ate in the following terms :'5. (1) in the case of ..... and ' on the death' includes 'at a period ascertainable only by reference to the death' '8. thus, keeping in view the provisions of section 5, section 2(15) and section 2(16) of the act, what can be charged to estate duty is that property which passed on the death of the deceased. therefore, the short question is, whether the ..... will, therefore, serve no useful purpose to travel that ground all over again.15. this brings us to the second contention of mr, awasthy, based on section 15 of the act, which is in the following terms :'an annuity or other interest, purchased or provided by the deceased, either by himself alone or in concert or by arrangement .....
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 : Mumbai
Decided on : Nov-19-1973
Reported in : (1974)76BOMLR584
..... lease could not be enforced. in that case their lordships were dealing with very special facts and no reference was made to the statutory rule embodied in section 110, tp. act, which lays down that 'where no day of commencement is named, the time so limited begins from the making of the lease.'the privy council had ..... initial jurisdiction to entertain the suit could not cease to have jurisdiction to pass a decree for possession simultaneously while passing the decree for specific performance. section 28 of the act of 1947, as has been repeatedly held in numerous cases and the latest of which is the full bench decision reported in daitatraya krishna v. jairam ..... that even otherwise, it being void for uncertainty in several respects, cannot be specifically enforced in view of the provisions of section 29 of the indian contract act read with section 9 of the specific relief act of 1963; and (2) that while the civil court has jurisdiction to entertain the suit for specific performance, in view of .....
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