Court : Supreme Court of India
Decided on : Aug-28-1973
Reported in : AIR1973SC2602; (1974)3SCC415; [1974]1SCR548
..... also be subject to any of the disqualifications prescribed by parliament by law on the grounds mentioned in the article. the parliament has prescribed in section 16 of the 1950 act the disqualifications.25. the question whether a person whose name is entered in the electoral roll is qualified under the constitution and whether he suffers ..... court has jurisdiction to question the legality of any decision taken by or under the authority of the electoral registration officer as the terms of section 30 of the 1950 act were clear that the action of the registration officer in including the name of the appellant there in the electoral toll, though illegal, cannot ..... the preparation of electoral rolls, the delimitation of constituencies and all other matters necessary for securing the due constitution of such house or houses.13. section 3 of the 1951 act provides for qualification for membership of the council of states : 'a person shall not be qualified to be chosen as a representative of any state .....
Tag this Judgment!Court : Rajasthan
Decided on : Aug-28-1973
Reported in : AIR1974Raj188
..... apart from that, it appears that the attention of the learned judges who decided those cases was not invited to the provision of section 3 of the transfer of property act. section 3 of the said act defines the expression 'a person is said to have notice,' this definition reads as under;--' 'a person is said to have notice' ..... the property which was admittedly in possession of the defendant. title includes the right arising out of the part performance. under the proviso to section 53a of the transfer to property act, the plaintiff kishanlal therefore cannot be heard to deny notice of the title of the defendant under which the latter held the property. he ..... s possession changed from that of a mortgagee to that of a purchaser was not sufficient to attract the doctrine of part performance contained in section 53a of the transfer of property act. in order to disentitle the plaintiffs to the relief of redemption it was further necessary for the defendant to prove that the subsequent transferee, .....
Tag this Judgment!Court : Kolkata
Decided on : Aug-27-1973
Reported in : AIR1974Cal213,[1975]45CompCas171(Cal)
..... are situate. the application was resisted on various grounds. the first ground of opposition to this application was that there has been non-compliance of section 453 of the companies act, 1956. the said section states that the receiver shall not be appointed on any assetsin the hands of liquidator except by or with the leave of the court. i ..... , in my opinion, is a suit against the company and is not against the official liquidator as such. that would be clear by a reference to section 446 of the companies act, 1956 and the relevant rules of the company court rules being rules 115 & 118. therefore, though it is true that the official liquidator is a ..... sangakheda kalan co-operative bank v. ayodhyaprasad shiamlal, air 1939 nag 232. it was held there that the duties of the liquidator appointed under section 42 of the co-operative society act were quasi-judicial duties and he had authority to summon and enforce the attendance of witnesses and to compel production of documents in the same way .....
Tag this Judgment!Court : Gujarat
Decided on : Aug-27-1973
Reported in : AIR1975Guj76; (1975)0GLR53
..... defend. it will be observed that j. m. sheth, j. did allow the revision and did interfere in exercise of provisional jurisdiction of the higah court under section 115 of the civil procedure code in that case upon forming the opinion as stated earlier view therefore is that the provisional jurisdiction of the high court can be invoked under those ..... and that the learned trial judge had jurisdiction to pass the order in his discretion. in this view of the matter v. r. shah, j. refused to act in exercise of the provisional jurisdiction notwithstanding the fact that the learned judge was firmly of the opinion that a tribal issue was raised. the learned judge sought support ..... on a consideration of the plaint and affidavits may be correct or incorrect; it may even be whole wrong. that is not a matter into which this court acting in exercise of its provisional jurisdiction can enter.'in our opinion these observations refer to the nature of the condition imposed by the learned trial judge and not to .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-24-1973
Reported in : AIR1974All1b
..... of the meerut university having been appointed under a written contract the provisions of statute 30 and of sub-section (3) of section 25-c of the agra act or sub-section (3) of section 28 of the meerut act will have the force of law and the relationship between the parties cannot be said to be purely contractual, ..... the registered society owning the college. the vice chancellor of the university exercises general control over the affairs of the affiliated college under sub-section (4) of section 10 of the meerut act. since the affairs of an affiliated college almost in all respects are supervised by the committee of management of the college, the vice ..... member of the administrative staff. he was appointed by the executive council on an administrative or ministerial post created by the university under sub-section (11-b) of section 5 of the act. there is no dispute that chapter ix of the regulations framed by the executive council of the university regulating the conditions of service .....
Tag this Judgment!Court : Kolkata
Decided on : Aug-24-1973
Reported in : AIR1974Cal167
..... , viz.. kidderpur academy gives the persons interested in filing objection, a sufficient indication and opportunity to prefer objection effectively and exercise their right under section 5-a of the act. 4. the next question urged was that kidderpur academy being a private institution, acquisition for the expansion and development of such a school cannot ..... . the land and land revenue department has been requested to take step for the acquisition of the land and to publish the draft declaration under section 6 of the act. the draft declaration obtained the approval of the deputy secretary of the land acquisition on 26-2-1965. thereafter the declaration dated 26th february, ..... order states that the governor is satisfied on a certain matter, there is a strong presumption of the regularity of the official act. the declaration made under section 6 of the act having been expressed to be made in the name of the governor and the order having been duly authenticated, the constitutional protection .....
Tag this Judgment!Court : Delhi
Decided on : Aug-24-1973
Reported in : ILR1974Delhi677
..... which was acquired. as, however, there was a dispute regarding the apportionment of compensation in respect of the land of khasra no. 790/5 a reference under section 30 of the land acquisition act, 1894 was made by him.(6) while chander kumar vaish, who had become the owner of 2 bighas and 18 bids was of land of khasra no. ..... may, if he so liked, file an appeal and obtain a stay order.(7) an order under section 30 deciding the apportionment of compensation which was settled under section 11 is appealable as a decree, though not as an award under section 54 of the land acquisition act. in t. b. ramachandra rao and another v. a. n. s. ramchandra rao and others ..... the land of whose claims the collector has information, meaning thereby people whose interests are not in dispute, but from the moment the sum has been deposited in court under section 31(2) the functions of the award cease; and all that is left is a dispute between interested people as to the extent of their interest and such a .....
Tag this Judgment!Court : Gujarat
Decided on : Aug-24-1973
Reported in : [1976]46CompCas203(Guj); (1974)0GLR810
..... -sheet of the transferor-company and the affidavit would contain express statement that no investigation is pending against the transferor-company either under section 235 or any other section of the companies act. it would thus appear that the statutory provisions have been properly complied with. 34. the report of the chairman shows that at ..... weaving mills ltd. is under the same management as bhor industries pvt. ltd. or that they are under the same management within the meaning of section 370 of the companies act. as a necessary corollary, while finding out the value of the total assets of the dominant undertaking, namely, bhor industries pvt. ltd. and ..... for advertising the petition is various newspapers and for serving notice on the regional director, company law board, western region, bombay, as required by section 394a of the companies act. mr. i. m. nanavati, learned advocate who appeared for the petitioner, has filed his affidavit stating therein that he has not received any notice .....
Tag this Judgment!Court : Kolkata
Decided on : Aug-24-1973
Reported in : AIR1974Cal326,78CWN719
..... same.3. mr. k. j. john, the learned advocate appearing in support of the application submitted that he was entitled to the benefits of both section 5 and section 14 of the limitation act. he stated that the petitioners were entitled to the exclusion of the time during which they were proceeding bona fide in the supreme court. in this ..... part. mr. john further submitted that in any event, on the facts and circumstances of the case, the delay in filing the petition may be condoned under section 5 of the limitation act as there was 'sufficient cause' for not preferring the appeal within the requisite period.mr. john also pleaded that inasmuch as the supreme court had expressed ' ..... nothing to do with the exclusion of time in filing appeals.' so the case has to be considered on the basis of section 5 of the limitation act only.6. with regard to section 5 of the limitation act it is to be noted in the firstinstance that the petition makes no endeavour to explain the delay even in filing the .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-23-1973
Reported in : AIR1974All94
..... period of limitation. the courts below were, therefore wrong in holding that the payment was made beyond the period of limitation and fell in error in not applying section 12 of the limitation act. 7. the result, therefore, is that this appeal is allowed and the suit of the plaintiff shall stand decreed for rs. 1700/- with pendente lite ..... the suit and if the period means the prescribed period for the limitation of the suit. schedule 1 has to be read with section 12 of the limitation act and the day from which such period is to be reckoned has to be excluded. there was some difference of opinion on the interpretation of the words ..... 1960 was within limitation because for computing the period in the first schedule the day from which such period is to be reckoned has to be excluded under section 12 of the limitation act. the use of the expression 'prescribed period' will mean not the period prescribed for the repayment of loan but the period prescribed for the limitation of .....
Tag this Judgment!