Court : Madhya Pradesh
Decided on : Oct-08-1973
Reported in : AIR1974MP59; 1974MPLJ1
..... same provisions are found as contained in section 91 of the m.p. act. see section 92 of the assam act; section 62 of the bihar act; section 67 of delhi act; section 161 of gujarat act; section 111 of madras act; section 157 of maharashtra act; section 121 of mysore act; section 123 of orissa act; section 77 of punjab act; section 81 of rajasthan act; section 89 of travancore-cochin act; and section 56 of u. p. act. in all these corresponding provisions, the ..... the corresponding enactments of other states such as. section 34 of the andhra pradesh act. section 41 of bihar act, section 81 of gujarat act, section 72 of madras act, section 78 maharashtra act, section 30 of mysore act, section 32 of orissa act, section 27 of punjab act, section 51 of rajasthan act and section 49 of travancore-cochin act. however, the period of supersession in the aggregate varies in different acts. for instance, two vears in bihar. puniab and .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-24-1973
Reported in : AIR1973SC2281; [1973(27)FLR74]; (1973)IILLJ330SC; (1974)3SCC239; [1974]1SCR67
..... noted from the above notification that the state government had withdrawn its previous order referring the dispute by virtue of powers stated to be conferred under sub-section (1) of section 6-g of the act. we have also referred to the fact that the award in reference no. i was published in the state gazette on may 6, 1961. it ..... obligation on the state government to make the order in writing and also give reasons for the action taken by it. the counsel very heavily relied on section 6-d of the act and urged that this power of withdrawing a reference can be exercised till the date when the award becomes enforceable. therefore, the mere fact that an award ..... 1960, referring the same question of retirement of workmen to labour court at gorakhpur; now, therefore, in exercise of the powers conferred by sub-section (1) of section 6-g of the u.p. industrial disputes act, 1947 (up. act no. xxviii of 1947), the governor is pleased to order that g.o. no. 785(lc)/xviii-la-97(gr)/1959, dated october .....
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 : Kerala
Decided on : Jul-24-1973
Reported in : [1975]101ITR334(Ker)
..... and the order appealed from within the time allowed to cure the said defects as per exhibit p-1. the petitioner also pleaded that due to the explosive and dangerous situation faced by the agriculturists in that area on account of labour agitation, he could not meet his advocate and arrange for the filing of ..... the appeals as time-barred, stating that the grounds stated by the petitioner for condoning the delay were vague. the petitioner then filed two applications under section 36 of the act stating that the period of limitation for filing the appeals had to be reckoned with reference to the certified copy of the order of the appellate assistant ..... account in reckoning the period of limitation, since a copy of the appellate order had been communicated to him by the appellate assistant commissioner, and that section 36 of the act under which the petitioner applied for rectification of its previous order had no application to the case. the petitioner has then filed this writ petition to .....
Tag this Judgment!Court : Delhi
Decided on : May-10-1973
Reported in : [1974]44CompCas228(Delhi); ILR1973Delhi322
..... without any knowledge of the defect in their continuance or functioning as directors. to appreciate this contention it would be necessary in the first instance to read section 290 : '290.acts done by a person as a director shall be valid, notwithstanding that it may afterwards be discovered that his appointment was invalid by reason of any defect ..... board of directors of a company decides to increase the subscribed capital of the company by allotment of further shares, then unless the requirements of sub-section (1a) of section 81 of the said act, are complied with (a) such further shares shall be offered to the persons who, at the date of the offer, are holders of the ..... have done their best to set right the matter of which they complain, by calling general meetings (vide lindley, l. j. in isle of wight railway company v. tahourdin (1884) 25 ch. d. 320). (33) the ground has now been prepared for. discussing some of the even more important aspects of this case. (34) the english cases .....
Tag this Judgment!Court : Karnataka
Decided on : Apr-13-1973
Reported in : (1974)ILLJ153Kant; (1973)2MysLJ76
..... that related to what is described as eminent domain involving or including the power of compulsory acquisition of citizen's property. 20. section 19 of the road transport corporation act, which enumerates the powers of the corporation, after stating its general nature in sub-s (1) to be to operate ..... extent to which the activities thereof consist of the operation of road transport services in that state or any extended area.' sub-section (5) of the same section referring to the same topic reads : 'where a corporation acquires the whole or any part of an undertaking of any person, ..... : electricity supply act, 1948; forward contracts (regulation) act, 1952; road transport corporation act, 1950 - sections 3, 14(3), 19, 34 and 45(2); companies act; life insurance corporation act - section 11(2); bombay primary education act, 1947; land acquisition act; general clauses act - section 3; mysore financial code, 1958 - rule 2; indian penal code, 1860 - section 21; constitution of india - articles 12, .....
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 : Andhra Pradesh
Decided on : Dec-31-1973
Reported in : AIR1975AP91
..... underlining ours) the learned judges further held that:--'. ... in deciding a case involving the question of the applicability or otherwise of the section (section 2(15) and section 6 and schedule i, aritlce 45 of the stamp act) the test is not whether originally the right of each of the parties was recognised to a part of the property but the ..... co-owner to divide the suit properties, a compromise decree passed under these circumstances does not amount to an instrument of partition within the meaning of section 2(15) of the act. the genesis or the claim to partition the properties owned jointly must be co-ownersnip. where the claim for partition on the basis of co-ownership ..... love and affection, or due to some other cause or consideration the compromise decree cannot be termed to be an instrument of partition within the meaning of section 2(15) of the act....'this decision appears to run counter to the decisions of the madras high court in (1889) ilr 12 mad 198 (fb) and air 1934 mad204; .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Nov-19-1973
Reported in : [1975]98ITR42(P& H)
..... only after the death of the deceased. it existed at no point of time either contingently or otherwise during the lifetime of the deceased. section 5 of the act is the charging section, section 2(15) defines 'property' and section 2(16) defines 'property passing on the death '. these provisions ate in the following terms :'5. (1) in the case of ..... and ' on the death' includes 'at a period ascertainable only by reference to the death' '8. thus, keeping in view the provisions of section 5, section 2(15) and section 2(16) of the act, what can be charged to estate duty is that property which passed on the death of the deceased. therefore, the short question is, whether the ..... will, therefore, serve no useful purpose to travel that ground all over again.15. this brings us to the second contention of mr, awasthy, based on section 15 of the act, which is in the following terms :'an annuity or other interest, purchased or provided by the deceased, either by himself alone or in concert or by arrangement .....
Tag this Judgment!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 .....
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