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 : Delhi
Decided on : Oct-03-1973
Reported in : ILR1974Delhi689
..... the purchaser to recover damages for breach of contract of sale relating to immovable property is not applicable in india in view of the express provisions of section 73 of the contract act which are comprehensive enough to apply to breaches of contract arising from sale of movable as well as immovable properties. the vendor is entitled to recover ..... covenant is incorporated in the deed of agreement. it is, thereforee, not permissible to adduce oral evidence to contradict this as it falls within the mischief of section 92 of .the evidence act. if the covenant of good title is to be excluded it must be expressed in clear and unambiguous term in the document itself : see thanmmineni paparao ..... purchase is carried out it goes against the purchase money but its primary purpose 'is that it is a guarantee that the purchaser means business'.(35) in howe v. smith (1884) 27 ch. d. 89 (7) fry l.j. observed: 'theterms must naturally to be implied appear to me in the case of money paid on the signing .....
Tag this Judgment!Court : Rajasthan
Decided on : Sep-05-1973
Reported in : AIR1974Raj21; 1973()WLN657
..... have been passed under the act, in other words, section 28 is much wider than section 96 civil procedure code under which appeals are filed in civil cases. learned counsel placed reliance on sarla devi v. balwan singh air 1969 all 601 ..... or conferred by any special enactment to obtain the dissolution of a hindu marriage vide (section 29(2) of the act).15. i may next turn to section 28 of the act which the learned counsel for the appellant relied on. i may read the section;'section 28. enforcement of and appeal from, decrees and orders. all decrees and orders made ..... ali air 1950 him pra 30.9. to reinforce ms arguments learned counsel for the appellant also invited attention to section 28 of the act and submitted that this being a case under the hindu marriage act will be governed by this special provision which enables the filing of an appeal against every decree or order that may .....
Tag this Judgment!Court : Rajasthan
Decided on : Mar-16-1973
Reported in : AIR1974Raj1; 1973()WLN210
..... consider in the cited case. therefore, in the present case as the panchayat was undoubtedly purporting to act under section 26 of the act and as it was so acting in its official capacity the provisions of sub-section (2) of section 79 of the act are very much attracted. 12. the last case namely. 1970 wln 697 = (air 1971 raj ..... additional munsif merta. 3. the learned munsif, inter alia, held that it was necessary for the plaintiff to have given a notice under sub-section (2) of section 79 of the act to the gram panchayat before filing the suit. consequently the learned munsif dismissed the suit. 4. aggrieved by the judgment and decree of the learned ..... appeal raises a short question whether before filing a suit against the gram panchayat a notice was necessary to the panchayat under section 79(2) of the rajasthan panchayat act, 1953, hereinafter referred to as the 'act'.2. learned counsel for the appellant admits that no notice was given by the plaintiff-appellant to the gram panchayat. he .....
Tag this Judgment!Court : Delhi
Decided on : Mar-02-1973
Reported in : AIR1974Delhi58
..... the fact whether in the case of deputy mayor. the writing reaches the mayor or not. it seems to us that no assistance can be derived from section 38(3) or section 48(2) of the act. section 33(1)(b) says that if a member resigns the seat by writing addressed to the mayor and delivered to the commissioner. his seat shall. thereupon ..... repagination on 13-8-1955. it was this action of the district magistrate which was challenged before the full bench. the relevant provision in the u. p. town area act was section 8(a)(5) which provided that if the chairman wishes to resign he shall forward his resignation in writing to the district magistrate and h1 shall be deemed to have ..... accept a resignation was nullity. reference was also made to sharnsuddin v. state of raiasthan. air 1952 rai 531 and the queen v. the mayor and town council of wigan 1884 14 q. b. d. 9081 pease v. lowden 1899 1 q. b. 386 and it was held that these cases were of no assistance. the third learned judge also did .....
Tag this Judgment!Court : Delhi
Decided on : Nov-06-1973
Reported in : ILR1974Delhi847
..... found in entry 94 of list i and entry 45 of list iii in the seventh schedule to the constitution. (6) the relevant part of sub-section (1) of section 3 of the said act provides:- 'theappropriate government may, if it is of opinion that it is necessary so to do, and shall, if a resolution in this behalf is ..... state in that behalf, there is no statutory or other obligation upon the appropriate government to appoint a commission of inquiry and, thereforee, on the words of section 3 of the act there cannot be a legal or statutory obligation upon the appropriate government to appoint a commission of inquiry even if there is a definite matter of public importance. ..... that behalf-that the various matters in respect of which allegations have been made in the petition are 'definite matters of public importance' within the meaning of section 3 of the said act. on this question, the matter has to be determined from the point of view whether the petitioner has a legal right to the relief with a .....
Tag this Judgment!Court : Chennai
Decided on : Jul-17-1973
Reported in : AIR1974Mad225
..... learned counsel for the defendant invited our attention to mahant sri srinivasa ramanujadas v. suryanarayandas, : air1967sc256 . that was a case under the orissa hindu religious endowments act. under section 64 of that act, if any dispute arises as to whether an institution is a math or temple or whether a temple is an excepted temple or not, such a dispute has ..... to be decided by the commissioner under that act. the said section further provided that any person affected by a decision of the commissioner may within one year, institute a suit in a civil court to modify or set ..... ., who allowed the second appeal. the appellant before us is the madras state wakf board, who was the defendant in the suit. the board published under section 5 of the wakf act, central act 29 of 1954, a notification in the fort st. george gazette, stating that the property in dispute is a wakf. the plaintiff filed the suit out .....
Tag this Judgment!Court : Gujarat
Decided on : Jun-22-1973
Reported in : (1974)15GLR209
..... underlying this extension of the meaning given to the word 'tenant' and especially the object under lying the engrafting of this clause (e) of sub-section (11) of section 5 of the act.19. the question that is posed before us, is whether it could ever have been contemplated by the legislature to give benefit of the provisions of ..... of being transferred or assigned. it is significant to note that in, the majority judgment given by the supreme court, at page 125, after referring to section 5(11) of the act, which defines 'tenant, it is observedthe expression 'tenant' in the different clauses is defined to mean a contractual tenant or a statutory tenant or both. ..... premises let for residence. he has, therefore, contended that in view of this definition of 'tenant' and particularly, in view of clause (c)(i) of section 5(11) of the act, the present petitioners would be the statutory tenants and that would be, independently of deceased chhotubhai. in short, his submission was that on the death of .....
Tag this Judgment!Court : Mumbai
Decided on : Nov-02-1973
Reported in : AIR1975Bom143; (1974)76BOMLR455; 1974MhLJ698
..... of its judgment:'in this case, the assistant registrar concerned, along with several other persons, was given the power of the registrar under various sections of the act including section 48 (excepting sub-sections (6) and (8) by the state government. he was not a nominee of the registrar'.and so far as the second aspect was ..... upon the registrar, the officers on special duty and the nominee or board of nominees to effectively hear and dispose of such disputes covered by section 91 of the act. section 91(1) provides that notwithstanding anything contained in any other law for the time being in force, any dispute touching the constitution, electrons of the ..... reliefs pending the final decision. a provision has also been made for executing the final as well as interlocutory orders passed by these authorities acting under sections 96 or 95 of the act. it will thus appear clear that the first criterion laid down by the supreme court in their decisions both in jugal kishore : 1967crilj1380a .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-20-1973
Reported in : AIR1973SC2658; (1973)2SCC773; [1974]1SCR707
..... advocate submits that chandayya shetty had an interest in the properties which he could bequeath by will.8. it appears to us that the provisions of the madras act particularly section 36(2)(h) with its explanation without doubt indicates the time when a share of kavaru is ascertained or a partition in the family and whether property is ..... a share on that basis. the provision is also applicable to every kavaru possessing separate property as if it were a kutumba. however, under sub-section (3) of section 36 of that act if at the time of the partition any kavaru taking a share is a nissanthathi kavaru it would have only a life-interest in the property allotted ..... share as per the preliminary decree. therefore, the contention that interest obtained by the first defendant under the preliminary decree stood enlarged as a result of section 30(1) of the 'act' must fail.16. the above statement of the law which meets the several contentions raised before us is in consonance with our own reading of the .....
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