Court : Supreme Court of India
Decided on : Aug-14-1973
Reported in : AIR1973SC2505; (1974)3SCC295; [1974]1SCR367; 1973(5)LC790(SC)
..... designated an unlawful assembly if the common object of the persons composing that assembly is to do any of the acts mentioned in the five clauses of section 141 indian penal code. according to the explanation to that section, an assembly which was not unlawful when it assembled may subsequently become an unlawful assembly. the facts found by ..... and the circumstances of the case do not show that the appellants formed a common object to do any of the acts mentioned in the five clauses of section 141. reference has been made to clause (4) of section 141, according to which an assembly of five or more persons would be unlawful if the common object of the ..... appellants, in our opinion, should be held to be liable for his individual act and not vicariously liable for the acts of others.11. lalji gave the spear blow in the abdomen of pancham. his conviction should, therefore, be maintained for the offence under section 304 part i indian penal code. the sentence of rigorous imprisonment for a .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-13-1973
Reported in : AIR1974P& H214
..... has been constituted. in these circumstances, there is no use holding piecemeal elections of elected members for which there is no provision in the act or the election rules. section 12 of the act contemplates the constitution of a market committee of all the elected members and the official member at one and the same time. it is the ..... paucity of time, the election of producer members was not held on november 17, 1968, but the election of members by the persons licensed under section 10 and 13 of the act were held and respondents 4 to 10 were elected. the result of their election was announced on november 18, 1968, but their elections were never ..... elected by the producers of the area, 4 were to be elected by persons licensed under section 10 of the punjab agricultural produce markets act, 1961, (hereinafter called the act), and 2 members were to be elected by persons licensed under section 13 of the act. elections to the market committee were notified to be held on november 17, 1968. the .....
Tag this Judgment!Court : Chennai
Decided on : Aug-13-1973
Reported in : (1974)2MLJ78
..... administrative office where the respondent is engaged.8. it was contended before the learned judges that, in view of the definition of 'factory' in section 2 (12) of the act, the administrative office also would be part of the factory. the definition of 'factory', so far as material, is:'factory' means any premises including ..... factory. for putting up these buildings some workers were employed. the mills contended that these workers would not come within the definition of 'employee' in section 2 (9) of the act and that therefore, they were not liable to pay any contribution in respect of these workers. the employees state insurance court, viz., the district ..... to 30th september, 1963. the mills were manufacturing yarn engaging more than twenty persons and certainly constituted a 'factory' within the meaning of section 2 (12) of the act. the mills wanted to expand their manufacturing capacity and certain buildings were put up in that connection. the buildings also included a rest-house for .....
Tag this Judgment!Court : Kolkata
Decided on : Aug-13-1973
Reported in : [1973]32STC505(Cal)
..... of all relevant facts. the sanction of the commissioner under rule 70 is a fresh order against which a revision lies before the board of revenue under section 20(3) of the act. reliance may be placed in this connection upon an unreported decision of the division bench in the case of commissioner of income-tax, west bengal v. ..... an additional commissioner of commercial taxes in the bureau, he is released from his post of additional commissioner of commercial taxes to which he was appointed under section 3 a of the act. he is now to officiate in the new post under the bureau which, as already held by me, does not form part of the commercial tax ..... power to inspect all documents and registers and to enter and search any place of business of a dealer and to seize account books and registers under section 14(3) of the act have been delegated to the assistant commissioner, commercial tax officer and inspector subject to the condition that the power so delegated shall be exercised only within the .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-13-1973
Reported in : AIR1974P& H130
..... in second appeal to this court. 3. the first contention raised by learned counsel for the appellant is that the doctrine of part performance embodied in section 53a of the transfer of property act was applicable to the case and that by reason thereof the plaintiff deserved to be non-suited. such a plea, however, is conspicuous by its absence ..... , limited, extended, extinguished or recorded. there is no scope for inclusion of a copy of a document as an instrument for the purpose of the stamp act. if section 35 only deals with original instruments and not copies, section 36 cannot be so interpreted as to allow secondary evidence of an instrument to have its benefit. the words 'an instrument' in ..... urged that exhibit d-1 can be looked into in spite of the insufficiency of the stamp duty paid in respect of it because of the provisions of section 36 of the indian stamp act which lays down: '36. where an instrument has been admitted in evidence, such admission shall not, except as provided in .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Aug-10-1973
Reported in : AIR1975AP58
..... , who are to be appointed on consultation with the central government and the state government. the functions of the food corporation are set out in section 13 of 1964 central act, the primary duty of the corporation is to undertake the purchase, storage, movement, distribution and sale or food-grains and discharge, among other things ..... the national co-operative development and warehousing board. it is to consist of a chairman and other members. the functions of the board are detailed in section 9 of that act, its functions being to plan and promote programmes for the production, processing, marketing, storage, warehousing, export and import of agricultural produce through a co ..... and when such facilities are not available the collection of the fee or cess at the rates specified in the impugned notice is illegal. section 7 (1) of the act places a restriction on any person to purchase, sell, store or weigh the agricultural product without the permission or the market committee and such .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-10-1973
Reported in : AIR1974P& H133
..... be enforced, set aside, amended, modified or in any way affected otherwise than as provided in the act. section 33 of the act states that if any party to an arbitration agreement wants to challenge the existence or validity of an arbitration agreement or award or to have the effect ..... the union of india went up in revision before the high court which took a view that the second reference was valid. consequently, the application under section 33 of the act was dismissed. an appeal was taken from that order to the supreme court. their lordships, while deciding the matter, observed as follows:--'the true legal position ..... to what can be described merely as an arbitration agreement.'we have to keep in mind the aforesaid view in deciding the present case. reading of section 32 of the act shows that suit to obtain decision on the existence, effect or validity of any arbitration agreement or award is barred and arbitration agreement or award cannot .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-10-1973
Reported in : AIR1974P& H89
..... office of the excise and taxation commissioner, punjab, the same day. respondent no. 2, however, took no decision on this resolution.2. section 26 of the gram panchayat act (hereinafter called the act) provides that a gram panchayat may, by a vote of at least two thirds majority of panches, direct that intoxicating liquor may not be ..... impediments in the way of the petitioner, for getting relief under article 226 of the constitution, during the pendency of the writ petition. furthermore, under section 41 of the punjab excise act, a contractor can be duly compensated, if the sale of liquor is stopped by cancelling his licence. instead of raising a technical objection of the ..... to mould the relief to be granted to a petitioner in accordance with the circumstances of the case. if the authorities concerned take action under section 41 of the punjab excise act, they will have to give prior notice to the liquor contractor. besides, the contractor would also need some time for shifting the vend. the .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-10-1973
Reported in : AIR1974All266
..... of the old lease might be continued in it, by implication; and it cannot be disputed that to bring new tenancy into existence, there must be a bilateral act. what section 116 contemplates is that on one side there should be an offer of taking a renewed or fresh demise evidenced by the lessee's or sub-lessee's continuing ..... plaintiff had entered into a fresh contract with the defendant and allowed him to continue as a tenant on the same old terms. in these circumstances, section 116 of the transfer of property act has no application to the present case.19. sri chaudhary wanted to rely on the recitals in the notices sent by the plaintiff in connection with ..... the defendant by holding over.7. in order to appreciate the point raised on behalf of the appellant, it is necessary, at this stage, to read section 116 of the transfer of property act. it reads:'116. effect of holding over. if a lessee or under-lessee of property remains in possession thereof after the determination of the lease granted .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-10-1973
Reported in : AIR1974All44
..... apply if a revision petition presented by an unsuccessful party in a claim proceeding is rejected by the superior court. if the high court in exercise of its powers under section 115, civil p. c. refuses to interfere in a claim case, it merely amounts to an abstention from exercising jurisdiction and the final order that remains subsisting is ..... with the original decision.' 6. similarly, it was held by a full bench of the travancore-cochin high court that for a suit under article 11-a, limitation act, time runs from the date of the order of the execution court rejecting objection to delivery and not from the date of the order passed on an infructuous and incompetent ..... period of limitation. 4. the learned counsel for the parties were heard at length and my attention was drawn not only to the provisions of article 98 of the limitation act, specially, the words 'final order' but also to the observations made by the travancore-cochin high court in the case reported in air 1955 trav co 51 (govinda .....
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