Court : Delhi
Decided on : Nov-12-1973
Reported in : 1974RLR54
..... common intention to commit the crime had been conceived. the court will of necessity weigh the entire evidence establishing the participation in 'a criminal act' in order to determine whether vicarious liability within section 3 of the code had been incurred and if so by whom. (14) in the present case all the assailants were previously known to ..... the accused and incapable of explanationn on any other reasonable hypothesis.'(13) the result is that common intention within the purview of section 34 of the code may be established by proving direct act or acts of participation or on the basis of the total evidence which may lead to the only conclusion that the crime had been the ..... the victim suffered the knife injury. (15) it is urged that even then the said appellants could not have been convicted under section 326 of the code. their counsel submits that the court below acted erroneously in basing itself on the opinion recorded by dr. r. prasad who was never examined at the trial in.order to .....
Tag this Judgment!Court : Chennai
Decided on : Nov-09-1973
Reported in : (1975)IILLJ235Mad
..... must mean the office of a non-profit making concern. the word 'office' is broad enough to indicate any place of business. clause (g) of section 2 of the act defines 'establishment in a private sector' to mean 'an establishment which is not an establishment in public sector and where ordinarily 25 or more persons are employed ..... be punishable for (the first offence with fine upto us. 500 and for every subsequent offence with fine upto rs. 1,000. subsection (2) of section 7 of the act provides that if any person required to furnish any information or return refuses or neglects to furnish the same or furnishes information which he knows to be false ..... have a comprehensive picture of all vacancies in ail the establishments in the country except the vacancies specially exempted under section 3 of the act. in any fiscal enactment, like the income-tax act or the sales tax act, there may be good reasons for the legislature to discriminate between trade and industrial concerns having a profit motive, .....
Tag this Judgment!Court : Allahabad
Decided on : Nov-08-1973
Reported in : AIR1974All106
..... the claim of the gaon sabha was upheld. the appeal filed by the petitioners was dismissed by the settlement officer (consolidation) and their revision under section 48 of the act was also dismissed by the deputy director of consolidation by his order dated 26-3-1966. the petitioners then moved the present writ petition. 3. ..... to transfer the whole of her agricultural holding without the prior permission of the settlement officer (consolidation) as required by section 5 (1) (c) (ii) of the act.4. section 5 (1) (c) (ii) of the act enacts that no tenure-holder, except with the permission in writing of the settlement officer (consolidation) previously obtained shall transfer ..... english text which shall prevail over the hindi version and according to the english text the expression 'any holding' occurring in clause (ii) of section 5 (1) (c) of the act does not include the 'whole holding' so that it is not necessary to obtain the permission of the settlement officer (consolidation) for the transfer .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Nov-08-1973
Reported in : AIR1974P& H202
1. This regular second appeal has been filed by the plaintiff under the following circumstances:According to the fard jamabandi, copy Exhibit P-2, the parties are joint owners of khasra No. 27/27 having an area of 19 kanals. The land is described as gair mumkin ihata chah, Rangawala well. Karam Singh, the contesting defendant-respondent No. 1, owns a half share in the land while the other half is owned by the others. The plaintiff-appellant has a 5/16th share in that other half.2. The parties have so far been irrigating their land from a single persian wheel fitted on this well. The plaintiff-appellant now wants to have another persian wheel as, according to him, one wheel is not found sufficient to irrigate the fields of all the joint owners. Karam Singh resists the setting up of a second persian wheel on the well on the ground that more area out of the joint land would be required for the bullocks who have to work the second wheel. A co-sharer may claim only those rights in the joint...
Tag this Judgment!Court : Allahabad
Decided on : Nov-07-1973
Reported in : AIR1975All9
..... writ petition is a copy which covered plots nos. 553 (area 52 acre) and 554 (area .13 acre) of village sheikhapur. thereafter notices under section 9, sub-section (3) of the act were issued to the petitioners in respect of these two plots as well as plots nos. 552 and 539. this gave rise to the petition in question ..... other grounds one of the grounds taken by the petitioners was that they made an application on 27th february. 1969 to the land acquisition officer under section 49 of the act for acquisition of whole of the property but the land acquisition officer failed to exercise his jurisdiction by not referring the matter to the civil court for ..... grounds raised by the petitioners including the ground noted above holding that the land acquisition officer had not refused to refer the matter to the court under section 49 of the act, but had reserved the matter for consideration at the time of making the award. learned single judge observed that if the land acquisition officer thought that .....
Tag this Judgment!Court : Rajasthan
Decided on : Nov-07-1973
Reported in : 1973(6)WLN906
..... definition is exhaustive inasmuch as the word defined is said to mean a certain thing, it is possible for the word to have a somewhat different meaning in different sections of the act depending upon the subject or context. that is why all the definitions in the statutes generally begin with the qualifying words similar to the words used in the present ..... . state of u.p. : [1965]1scr841 . in this case it has been observed that no doubt distinction between area and route has been made in some of the sections of the motor vehicles act but in others that distinction does not seem to be preserved these two words some times stand for the route on which the omnibus runs or portion thereof ..... which support the view which i have taken. in kondala rao v. andh. pra. s.r t. corporation air 1961 sc 82 it has been held that 'under section 68-c of the act the scheme may be framed in respect of any area or a route. there is no inconsistency between an area and a route.' the scheme therefore may as .....
Tag this Judgment!Court : Delhi
Decided on : Nov-06-1973
Reported in : ILR1974Delhi847
..... found in entry 94 of list i and entry 45 of list iii in the seventh schedule to the constitution. (6) the relevant part of sub-section (1) of section 3 of the said act provides:- 'theappropriate government may, if it is of opinion that it is necessary so to do, and shall, if a resolution in this behalf is ..... state in that behalf, there is no statutory or other obligation upon the appropriate government to appoint a commission of inquiry and, thereforee, on the words of section 3 of the act there cannot be a legal or statutory obligation upon the appropriate government to appoint a commission of inquiry even if there is a definite matter of public importance. ..... that behalf-that the various matters in respect of which allegations have been made in the petition are 'definite matters of public importance' within the meaning of section 3 of the said act. on this question, the matter has to be determined from the point of view whether the petitioner has a legal right to the relief with a .....
Tag this Judgment!Court : Mumbai
Decided on : Nov-06-1973
Reported in : AIR1975Bom106; (1974)76BOMLR540
..... in respect there of. 6. the question that is referred to us depends upon the right of a landlord for restoration of possession as conferred by section 19 of the act. section 19 of the act imposes an obligation upon the collector to restore possession to the land lord of so much ony of the surplus land as he is entitled to ..... leased to him. it may be urged that when the question of restoration of possession our of surplus land held by a tenant is to be considered under section 19 of the ceiling act. section 31b may not be regarded as a limitation, but, in our opinion, such an approach will be contrary to the scheme and intention of the legislature ..... behalf of the petitioners in some of those special civil applications made a submission in the alternative. he submitted that having regard to the scheme of the ceiling act and especially section 19 there of a landlord is entitled to possession of all surplus lands held from him by the tenant so long as his total holdings after such restoration .....
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 : Mumbai
Decided on : Nov-06-1973
Reported in : (1974)76BOMLR748
..... under the law of insolvency with respect to the estates of persons adjudged insolvent.25. mr. sukthankar has contended that by reason of section 529 of the companies act, 1956, section 51 of the provincial insolvency act is attracted and, therefore, the court should consider the insolvency rules and in particular the fact that if the assets have already ..... to the scheme of arrangement.12. it is to be noticed that the word 'creditor' is not defined in the companies act, but in section 390 of the companies act, which is a section with the heading 'interpretation of sections 391 and 393', it is provided in sub-clause (c) that 'unsecured creditors who may have filed suits or obtained ..... j. thought it unnecessary to support that decision by reference to the doctrine of lien. it is to be noticed that 184th section of the said act corresponds to section 2(e) of the provincial insolvency act, 1920.44. it is appropriate at this stage to refer to the observations of jessel m.r. in in re printing and .....
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