Court : Punjab and Haryana
Decided on : Dec-14-1973
Reported in : AIR1974P& H215
..... as under.2. the parties are residents of sunam. jagdish chand was practising there as hakim duly registered as medical practitioner under the pepsu ayurvedic and unani practitioners act, 2008 bk. he claimed to have taken examination conducted by the bhupindera tibbia college, patiala, in 1943 ad and passed the same and obtained diplomas of 'haziq ..... defamatory matter against the plaintiff-respondent and that constituted slander on that day and thereafter. therefore, the period of one year prescribed by article 24 of the act for the said libel commenced form 23rd june, 1959, when the pamphlet had been published and the period of one year prescribed by article 25 for the ..... circumstances and the evidence present on record are read as a whole, there can be no escape from the conclusion that the appellant and abhai kumar had acted without reasonable or probable cause in making application to the board on 2nd december, 1958, and also in publishing the pamphlets referred to above. they do not .....
Tag this Judgment!Court : Rajasthan
Decided on : Dec-14-1973
Reported in : 1973(6)WLN967
..... thing attached to the earth.in this connection learned counsel for the appellant has further invited my attention to the definition of the word 'agriculture' contained in section 5(2) of the act.sections 5(2) 'agriculture' shall include horticulture;8. it has been argued on behalf of the appellant that as borne out from the lease deed ex 35 ..... whether the suit property falls within the perview of the term 'land' as defined in the rajasthan tenancy act (act no. 3 of 1955) (which will hereinafter be called the tenancy act). section 5(24) of the tenancy act defines 'land' as below:section 5(24): 'land' shall mean land which is let or held for agricultural purposes or for purposes subservient ..... him, & hold that the land in question is 'abadi land' and does not fall within the definition of the term 'land' as contained in section 5(24) of the tenancy act. in this view of the matter. i do notec any force in the appellant's contention that the suit is exclusively triable by revenue court and over .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-13-1973
Reported in : [1976]102ITR105(Guj)
..... us in deciding the particular question before us and we must decided the matter by interpreting the statute, looking at the different clauses in section 5(1) of the act. reading the provisions of section 5(1)(viii) and 5(1)(xv) together, it is clear that if any particular jewellery or ornament can fall within the description ..... the district of rarton-eccles, winton and monton, where the court was concerned with the meaning of the term 'street' as used in section 127 of the public health act, 1875, and interpreted under section 4 thereof, observed as under : 'an interpretation clause of this kind is not meant to prevent the word receiving its ordinary popular and ..... bring the two amendments on the statute book with effect from the different dates. we, therefore, cannot escape the conclusion that explanation 1 to section 5(1)(viii) of the aforesaid act having come into force only with effect from april 1, 1972, cannot be considered as on the statute book in the relevant assessment years and .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-12-1973
Reported in : [1974]94ITR519(Bom)
..... 25th january, 3rd february, 1972, to the effect that the appellate assistant commissioner proposed to rectify the wealth-tax assessment of the petitioner under section 35 of the act, withdrawing the exemption already allowed to the petitioner in respect of jewellery and ornament. the petitioner appeared through her representative in response to the said ..... income-tax officer thereafter issued notices on the deceased assessee to show cause why his assessments which had already been completed should not be rectified under section 35 of the act. on 27th march, 1954, the income-tax officer revised the assessments of the assessee in respect of the said two years, after taking into ..... drawn process of reasoning on points on which there may conceivably be two opinions. i must, therefore, hold that the power of rectification under section 35 of the act could not be invoked in the present case and the rectification order passed by the appellate assistant commissioner on the 22nd of february, 1972, must .....
Tag this Judgment!Court : Allahabad
Decided on : Dec-12-1973
Reported in : [1975]36STC442(All)
..... light of the observations of the high court and according to law. these observations are equally applicable to a reference under the u. p. sales tax act. section 11(6) of the u. p. sales tax act provides that the revising authority shall thereupon pass such orders as are necessary to dispose of the case in conformity with such judgment. this being the ..... us. in any event, there is no substance in the point. the notification dated 31st march, 1956, was issued in exercise of the powers conferred by section 4 of the u. p. sales tax act. it granted exemption only to goods mentioned in list ii attached to it. rice bran is not mentioned in this list. therefore, the notification dated 7th june .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-12-1973
Reported in : (1974)76BOMLR413
..... the acquittal of the accused for they are seriously prejudiced in such matters in getting the sample analysed from the director of central food laboratory under sub-section (2) of section 13 of the act.9. however, the controversy as to the point of time when the accused must of necessity exercise his right has been raised in the present appeal ..... to be a certificate signed by the director of the central food laboratory, may be used as evidence of the facts stated therein in any proceeding under this act or under sections 272 to 276 of the indian penal code:provided that any document purporting to be a certificate signed by the director of the central food laboratory shall be ..... cause the analysis to be made from the authority mentioned of the sample or the part retained under sub-clause (iii) of clause (c) of sub-section (1) of section 11 of the act. the right of the accused therefore reaches to both the parts, that is, one part delivered to him and another retained by the food inspector or .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-11-1973
Reported in : AIR1974SC818; (1974)1SCC424; [1974]2SCR629
..... - payment of rent." 'similarly in shri hem chand v. shrimati sham devi (ilr 1955 punj 36) which dealt with the delhi and ajmer merwara rent control act, section 13(i) of which provided that no decree or order for the recovery of possession of any premises shall be passed by any court in favour of the landlord ..... division bench respectively. before we go further into a discussion of the questions that arise :it is necessary to look into certain relevant provisions of the act. clause (6) of section 2 of the act defines landlord thus : "landlord" includes the person who is receiving or is entitled to receive the rent of a building, whether on his own ..... raj krishna v. s.k. shaw bros. (1951 scr 145) dealing with the bihar buildings (lease, rent and eviction) control act, 1947 and interpreting section 11 of that act this court observed as follows : '.'section 11 begins with the words 'notwithstanding anything contained in any agreement or law to the,contrary', and hence any attempt to import the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-11-1973
Reported in : AIR1974SC1069; (1974)1SCC567; [1974]2SCR655
..... assumed unless the relevant statute expressly or by inevitable implication does so. the question thus further resolves itself into the issue : how far section 9(1) of the abolition act confers exclusive jurisdiction on the settlement officer to determine inam estates?35. this matter is not res integra. in addenki tiruvenkata thata desika ..... dated september 16, 1952, of the estate abolition tribunal, respectively, be read as additional evidence. it was contended that the amending act 20 of 1960 had added section 9a to the abolition act, as a result of which, the order of the settlement officer had acquired 'statutory validity'; and since the appellants did not ..... the subordinate judge, srikakulam against the state government for a declaration that kadakalla village was not an 'estate' under section 3(2)(d) of 1908 act, and consequently, the rent reduction act and the abolition act were not applicable to it. the trial court decreed the suit. aggrieved by the decree, the state preferred an .....
Tag this Judgment!Court : Delhi
Decided on : Dec-11-1973
Reported in : ILR1974Delhi475; 1974LabIC970; (1974)IILLJ306Del; 1974RLR305
..... was that the individual petitioner in each of these petitions alleging himself to be a workman made an application to the specified labour court under the aforesaid section of the act for the determination of the amount of money due to him and/or for computation in terms of money of the benefit to which he was entitled. ..... computation of benefits. this contention was not accepted and in this context it was observed that while it is true that the tribunal in a proceeding under section 33c(2) acted as an executing court and as such entitled to interpret the award or settlement on the basis of which the benefit was claimed it could not in ..... gomes and another v. messrs. machinnon machenizie and co. pvt. ltd. bombay: : air1968bom328 , are not applicable. (24) our conclusion, thereforee, is that an application under section 33c(2) of the act can be made only by the workman himself and it must follow that if the workman dies during the pendency of such application, his heirs, successors and legal .....
Tag this Judgment!Court : Kerala
Decided on : Dec-11-1973
Reported in : AIR1974Ker161
..... obligation to pay rent, raman nayar, j., would observe in 1965 ker lt 1212 (cited supra) that: 'the words 'with or without an obligation to pay rent' occurring in section 2 (25) of act 1 of 1964 -- here the word 'rent' is used in the ordinary sense of the word at the periodical payment made by a lessee to a lessor, the ..... act definition of rent in section 2 (49) not being attracted, the subject matter of the transaction being like that of the lease in this case, only a dwelling house and not any land -- ..... the land for the purpose of erecting a homestead and such a person would come strictly within the definition of kudikidappukaran in section 2 (25) of the act. the petitioner, is therefore, a kudikidappukaran entitled to the protection of the act. 5. the petitioner has claimed 10 cents even though the property is only one cent in extent. to make good the .....
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