Court : Allahabad
Decided on : Oct-31-1973
Reported in : AIR1974All61
..... purpose.'37. my answer to the question referred for opinion is that the land in dispute is an area covered by the provisions of clause (c) of sub-section (1) of section 2 of the act.37-a. the case shall now be laid before the bench concerned for further orders.(final judgment of g. c. mathur and hari swarup, jj. after ..... respect of this area is not a khewat prepared in accordance with law and cannot be deemed to be a khewat for the purposes of section 3 (8) of the act. section 32 of the land revenue act of 1901 runs as under:--'record of rights...... there shall be a record of rights for each village subject to such exceptions as may be ..... no. 582 was, however, not included by the gaon samaj in the list of land vested in it. by a subsequent notification dated october 11, 1954, issued under section 117-a of act, the state government declared, inter alia, that certain land in village bhojna shall vest in the municipal board, ghaziabad. under the notifiestion the municipal board treated the plot .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-31-1973
Reported in : AIR1974SC104; (1974)1SCC48; [1974]2SCR143
..... if such a possession is not otherwise statutorily protected under the law against even lawful eviction through court process, such as under the rent control act. section 6 of the specific relief act does not offer such protection, but only, as stated earlier, forbids forcible dispossession, even with the best of title.20. turning to rule 13 ..... in possession of the property, the lessee will be liable to mesne profits which can again be recovered only in terms of his wrongful possession. under section 5(1) of the act, the licensing authority in deciding whether to grant or refuse a licence has regard, amongst others, to the interest of the public generally. public ..... rule 13 which refers to the 'lawful possession' is only juridical possession, a kind of possession which is protected by law such as section 9 (old), section 6 (new) of the specific relief act and, therefore, the high court is right in holding that the respondents were in lawful possession of the property after the expiry of .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Oct-31-1973
Reported in : AIR1974P& H227
..... brings us to the actual controversy in the appeal as to whether the appellants' application under section 20 of the act was maintainable or they had to obtain relief under section 30-a of the act. section 20 and section 30-a of the act are in the following terms.'20. when ever application is made to a divisional canal officer ..... present case. his contention is partially correct. it is, therefore, necessary to set out the pleading which will disclose as to whether the provisions of section 20 or section 30-a of the act would govern the case. in pare, 2 of the petition, it is stated that:'messrs. gurpanch singh, hardev singh, pritam singh, darshan singh, ..... etc. therefore, 'uncommanded area' would actually be an area which is receiving no such supply of water.in this connection, reference may be made to section 3(11) of the act which defines 'culturable commanded area' in the following terms:' 'culturable commanded area' means that portion of the culturable irrigated area which is commanded by .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-31-1973
Reported in : AIR1974SC228; 1974CriLJ313; (1974)1SCC167; [1974]2SCR154
..... article of food and, as such, the admixture of any sweetener cannot attract the penal provisions at all. he who runs and reads the definition in section 2(v) of the act will answer back that supari is food. the laxicographic learning, pharmacopic erudition, the ancient medical literature and extracts of encyclopaedias pressed before us with great industry ..... and cyclamate in official eyes has a bearing on the plea of the accused. it transpires that the central committee for food standards, constituted under section 23(1) of the act is stated to have accepted the recommendation of its sub-committee to the effect that saccharin may be permitted to be used in scented supari to ..... exculpatory bow, challenged the vires of rules 44(g) and 47 of the prevention of food adulteration rules (hereinafter called 'the rules'), and even of section 23(2) of the act as being violative of articles 14 and 19(1)(f) and (g). the reliefs claimed in both the writ petition and the criminal appeal converge towards .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-30-1973
Reported in : AIR1974SC111; (1974)1SCC11; [1974]2SCR116
..... and the liability of the appellants to hand over possession of the land to the respondent under the decree have been kept intact by section 22 of the act.8. the provisions of section 4 of the act have been reproduced above and it is manifest therefrom that with effect from the appointed day, viz, april 1, 1963 all patel watans ..... to the conclusion that the right of the erstwhile watandar to the possession of the watan lands also comes to an end. indeed, clause (iv) of section 4 of the act expressly provides that the resumption of watan land consequent upon the abolition of patel watans and the extinguishment of incidents appertaining to the said watans would be ..... also be not executed with effect from the appointed day. this contention, in our opinion, is not well-founded. what is contemplated by the opening clause of section 4 of the act is that notwithstanding any usage or custom or anything contained in any settlement, grant, agreement, sanad, or any decree or order of a court or the .....
Tag this Judgment!Court : Gujarat
Decided on : Oct-30-1973
Reported in : 1975CriLJ324; (1974)15GLR174
..... further that when witnesses are in attendance, no adjournment or postponement shall be granted, without examining them, except for special reasons to be recorded in writing.this section contains an explanation which is in the following terms:explanation: if sufficient evidence has been obtained to raise a suspicion that the accused may have committed an offence, ..... not. therefore, it follows that limitation of 15 days, which is contemplated by section 167 of the code, would not have any relevance to a case when, it falls under section 344 of the code. in a fit case when the court acts under section 344 of the code, the court may find it necessary to keep the accused ..... language shows that the provisions of this section apply only to those cases wherein the accused concerned could be 'forwarded' by the police to the nearest judicial magistrate, the kerala high court has, in support of this view relied upon an allahabad high court decision in empress v. ashraf ali (1884) ilr 6 all 129. in my .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-30-1973
Reported in : AIR1974SC136; (1974)ILLJ97SC; (1974)3SCC601; [1974]2SCR128; 1974(1)SLJ272(SC)
..... the allegations which formed the basis of the impugned action. that apart, in its view the impugned action came within the provisions of section 11a of the industrial disputes act-hereinafter called 'the act'-according to which it would be the duty of the court to satisfy itself whether the order or dismissal or discharge was justified or ..... to it, the contribution by the respondent does not indicate that he was a permanent employee.18. the next question is whether section 11a of the act is applicable to this case. that section provides that where an industrial dispute relating to the discharge or dismissal of a workman has been referred to a labour court tribunal ..... this court in the workmen of m/s. firestone tyre & rubber company of india (pvt.) ltd. v. the management and ors. : (1973)illj278sc , that this section has no retrospective operation on the pending references.19. in our view the termination of the services of the respondent is not mala fide or punitive but the appointment of .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Oct-29-1973
Reported in : AIR1975P& H29
..... and after making such enquiry as he deems fit issue a certificate for the recovery of the amount stood therein to be due as arrears. there was another section in that act which provided for a reference of any dispute to the registrar. it was observed by the learned bench as follows:--'it was not disputed that the legislature can ..... property, effects and claims. he is also authorized to carry on business of the society so far as may be necessary. clause (b) of sub-section (2) of section 59 of the act empowers the liquidator to determine from time to time the contribution (including debts due and costs of liquidation) to be made or remaining to be made by ..... society was under winding up, the loan due from any person could be recovered by the liquidator, by an order passed under clause (b) of sub-section (2) of section 59 of the act. respondent no. 3 overruled the objections of the petitioners. respondent no. 3 has no jurisdiction and power to issue any notices to the petitioners in respect .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Oct-29-1973
Reported in : AIR1974P& H299
..... by article 131 thus clearly comes into operation. in order to meet it, applications have been filed on behalf of the judgment-debtors under sections 5 and 14 of the limitation act with the prayers that the delay in filing the applications for revision of the orders of the executing court be condoned. it appears to me ..... to a final determination of any question relating to execution discharge or satisfaction of a decree and that being so, it did not fall within the ambit of section 47, civil procedure code. we are in entire agreement with this observation. the proceedings that commenced with the decree-holder's application for restoration of the execution and ..... by the court on that date were produced before its case was closed. no evidence was led by the judgment-debtors. exercising its inherent powers under section 151 of the code of civil procedure the executing court accepted both the applications and restored the two execution proceedings after giving a finding that the statements made .....
Tag this Judgment!Court : Delhi
Decided on : Oct-29-1973
Reported in : 1974RLR142
..... c. w. no. 896-d of l9h6, decided on 14.8.1968 the power of the competent authority under section 19(3) of the slum areas act to hold such summary inquiry as it thinks fit includes the power to summon witnesses and documents and that without ..... to summon respondent 1 for cross- examination. it is true that the competent authority in exercising its jurisdiction under section 19 of the slum areas act is not a court in the strict sense of the term, and the provisions'of the code of civil procedure ..... ., are inapplicable to the proceedings before it. that the proceedings under section 19 of the slum areas act are of a summary nature and aii that is required under the section is to give to the parties an opportunity of being heard, and the nature ..... judgment is :- at the reasons given by the competent authority in the impugned order are that the competent authority under the slum areas act does not function as a court and, thereforee, the provisions of order 19 rules 1 and 2 of the c. p. c .....
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