Court : Allahabad
Decided on : Mar-13-1973
Reported in : AIR1973All579
..... that he recommended for the appointment of an authorized controller, as in his opinion serious irregularities existed in the institution which could lead to a serious and explosive situation and that the explanation of the managing committee appeared to be baseless. there is not a single word in his recommendation which may show that in ..... accepted, as is contemplated by section 16-d (4) (5a) of the act.3. on behalf of the respondents it is contended that before making his recommendation to the state government, the director of education served a ..... director of education afforded an opportunity to the petitioner to have its say in the matter before making a recommendation to the state government under section 16-d (3) of the act, nor did the state government give an opportunity to the petitioner to explain why the recommendation made by the director of education be not .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-16-1973
Reported in : AIR1973AP315
..... where exceeds six metres ; (b) the number of persons employed on any one day does not exceed fifty ; and (c) explosives are not used in connection with the excavation. (2). notwithstanding anything contained in sub-section (1), the central government may, if it is satisfied that, having regard to the circumstances obtaining in relation to a mine or ..... or class of mines, it is necessary or desirable so to do, by notification in the official gazette, declare that any of the provisions of this act, not set out in sub-section (1) shall apply to any such mine or part thereof or group or class of mines or any class of persons employed therein. (3) without ..... case. and since one of the conditions, that is, the number of persons employed on any one day by the petitioner-company admittedly exceeds 50, all the provisions of the act including section 17 must apply to the petitioner-company.10. now, in ordinary usage, ' and ' is conjunctive and ' or ' disjunctive. but to carry out the intention of the .....
Tag this Judgment!Court : Chennai
Decided on : Dec-20-1973
Reported in : AIR1974Mad301
..... is any substance in the argument of the learned counsel for the third and fourth defendants to the effect that the suit will fall under section 105(c) of the trade and merchandise marks act, 1958. the lower appellate court has correctly considered this aspect and has rejected the contention.19. under these circumstances, the second appeal is ..... venkatachalapathi, also submitted that his clients are not benamidars for the first defendant and that in any event the suit was in effect one under section 105(c) of the trade and merchandise marks act, 1958, and as such the judgment of the trial court is without jurisdiction.9. i have been taken through the pleadings and other ..... 3rd respondent (first defendant).' as regards the contention raised by defendants 2, 3 and 4 questioning the jurisdiction of the court in view of section 105(c) of the trade and merchandise marks act, 1958, the lower appellate court held that the case on hand is not an action for passing off any goods as the goods of .....
Tag this Judgment!Court : Delhi
Decided on : Dec-20-1973
Reported in : ILR1975Delhi49
..... reproduce the aforesaid section, which is as follows :- 'whoeverdishonestly abstracts, consumes or uses any energy shall be deemed ..... could not be sustained under the said section. in support of the contention reliance was placed on avtar singh v. the state of punjab : 1965crilj605 . in that case the appellant was convicted under section 378 of the indian penal code . of having committed theft of electricity, as per provisions of section 39 of the indian electricity. act 1910. it would be relevant here to .....
Tag this Judgment!Court : Delhi
Decided on : Dec-19-1973
Reported in : [1974]44CompCas359(Delhi); [1974]95ITR229(Delhi)
..... some of the applications under the code of civil procedure and dealt with applications for which no period of limitation was provided elsewhere in the schedule to that act or by section 48 of the code of civil procedure in article 181. this article was in the following terms :'applicantfor which no period of limitation is provided else- ..... judge on issue no. 2 with regard to limitation and contended that on a true construction of the provisions of article 137 of the limitation act, 1963, and of section 30 of that act, the court ought to have held that the present petition was beyond the scope of the provision of article 137 and there was, thereforee, ..... group and while respondent no. 2 was in voluntary liquidation with respondent no. 3 as the voluntary liquidator, the liquidator proposed a scheme of arrangement under section 153 of the act of 1913 for the amalgamation of respondent no. 2 with respondent no. 1 and after the statutory meeting of the members had been held to consider the .....
Tag this Judgment!Court : Delhi
Decided on : Dec-19-1973
Reported in : AIR1974Delhi73; [1974]95ITR197(Delhi)
..... in other words, absence of uniformity itself might help defeat the measure. this is why presumptions were raised by clauses (a) and (b) of sub-section (2) of section 269-c of the act, namely:-(a) that if the fair market value exceeds the apparent consideration by more than 15 per cent., this shall be a conclusive proof that the consideration ..... till it is registered. it is only when there is a conflict between two buyer, and the priority between the two is to be' decided that section 47 of the registration. act may be invoked. in the present case, the conflict is between the state and the petitioner and the only question for decision is as to which is ..... government that the acquisition was for a public purpose which was deemed to be 'conclusive evidence that the land is needed for a public purpose' under section 6(3) of the land acquisition act, 1897, conflicted with the requirement of article 31(2) of the constitution that the acquisition must in fact be for a public purpose. the supreme .....
Tag this Judgment!Court : Delhi
Decided on : Dec-19-1973
Reported in : ILR1974Delhi617
..... rule. in other words, absence of uniformity itself might help defeat the measure. this is why presumptions were raised by clauses (a) and (b) of sub-section (2) of section 269c of the act, namely:- (a) that if the fair market value exceeds the apparent consideration by more than 25 per cent, this shall be a conclusive proof that the ..... effected till it is registered. it is only when there is a conflict between two buyers and the priority between the two is to be decided that section 47 of the registration act may be invoked. in the present case, the conflict is between the state and the petitioner and the only question for decision is as to which ..... government that the acquisition was for a public purpose which was deemed to be 'conclusive evidence that the land is needed for a public purpose' under section 6(3) of the land acquisition act, 1897, conflicted with the requirement of article 31(2) of the constitution that the acquisition must in fact be for a public purpose. the supreme .....
Tag this Judgment!Court : Delhi
Decided on : Dec-19-1973
Reported in : ILR1974Delhi63; 1974RLR233
..... point that survives for determination in this appeal, namely, whether the society is a public institution within the ambit of section 22 of the act. relevant provision of section 22 of the act envisage that where the landlord in respect of any premises is any public institution and the premises are required for the ..... institution, library, hospital and charitable dispensary. now the question for determination is whether the society is public institution within the meaning of section 22 of the act. explanationn to this section without doubt shows that the definition is illustrative and not exhaustive. it thereforee, cannot be said that only an educational institution, library, ..... hospital and charitable dispensary can be said to be a 'public institution'. the term 'public institution' used in section 22 of the act is in a generic sense.(48) the society claimed the possession of the premises in question for the furtherance of its activities as a public .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-19-1973
Reported in : AIR1974SC639; 1974CriLJ590; (1974)4SCC247; [1974]2SCR821; 1974(6)LC149(SC)
..... under consideration was not questioned at all. we, therefore, think that this particular excise inspector could be treated as an expert within the meaning of section 45 of the evidence act. the excise inspector had, in addition to employing the smelling test, used all the other tests he could reasonably adopt. if his competence to give ..... before us is whether the excise inspector, whose evidence was under consideration, had sufficient knowledge to be deemed to be an expert within the meaning of section 45 of the evidence act so that the tests adopted by him, together with all the attendant circumstances, could establish beyond doubt that the appellant was in possession of illicit liquor ..... circular road, meerut cantonment, from where the recovery was made, was taken after the issue of a regular search warrant (ex. ka. 1) under section 52 of the u.p. excise act, 1910, by a first class magistrate on 26-10-1967. the very detailed recovery memo (exhibit ka. 2) dated 27-10-1967 was signed by .....
Tag this Judgment!Court : Kerala
Decided on : Dec-19-1973
Reported in : [1974]33STC345(Ker)
..... with the provisions for regular assessment and levy and collection of tax, regularly assessed, under the charging section, section 5, and section 17, and other sections of the act. once the financial year has run out, and the charging section, section 5, can be brought into operation, we see some difficulty in countenancing the notion that side by side ..... isaac, j., in o.p. no. 3583 of 1969 is undoubtedly in the petitioner's favour. the learned judge referred to section 18 of the act (although in the judgment instead of quoting section 18, rule 18 was unfortunately quoted by a typing mistake). thereafter, the learned judge observed:the argument is quite novel; but ..... writ of prohibition restraining the respondents from enforcing the demand.3. the short ground on which the petitioner put his case was that under section 18 of the kerala general sales tax act, 1963, assessment, levy and collection in respect of provisional assessment have all to be done, during the year concerned and, therefore, .....
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