Court : Punjab and Haryana
Decided on : Apr-16-1973
Reported in : AIR1974P& H113
..... rights of the secretaries and the treasures as such are not taken away. so the protection of article 31a of the constitution is not available to the statute. section 63 of the act, as mentioned above, lays down the mode of execution of an award against the defaulters of a co-operative society. such a provision has to conform to the ..... , the defaulter can be put in civil prison, if he fails to make payment of the amount mentioned in the writ of demand. there is no indication in section 63 of the act of the circumstances under which the registrar, co-operative societies, may adopt one or the other mode of the execution of the award. in short, the registrar, ..... sweet will. it is a settled law that protection of article 14 of the constitution is also available against procedural laws as well. under these circumstances, section 63(b) and (c) of the act deserves to be struck down as violative of art. 14 of the constitution.3. the learned counsel for the respondents has drawn my attention to sant .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-29-1973
Reported in : AIR1974P& H128
..... before the collector was that he was entitled to no more than rs. 3,80,000/- including the earnest money. by virtue of the provisions of section 25 of the act, he could not be allowed to make a claim before the court for anything in excess of that amount. the proposed amendment sought to make such ..... he was as much interested in having the compensation enhanced as respondent no. 1 and that he (the petitioner) should be transposed in the proceedings under section 18 of the act as a co-claimant with respondent no. 1. the learned additional district judge dismissed both the applications through the impugned order holding that they were dishonestly ..... of the compensation was received by respondent no. 1, also under protest.respondent no.1 made to the collector an application under section 18 of the land acquisition act (hereinafter referred to as the act) objecting to the amount of compensation and requiring that the matter be referred by the collector for determination of the court. the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-30-1973
Reported in : AIR1974SC276; 1974CriLJ331; (1974)3SCC698; 1974(6)LC121(SC); 1973()WLN998
..... for some unknown reason, and was kept locked up before he gave his statement. it may also be mentioned here that the statements of prosecution witnesses were recorded under section 164 criminal procedure code also during the investigation. it is true that the evidence of champoli is not as reliable as the high court thinks. further more, the evidence of ..... claim of brijmohan the murdered man who was said to be in actual possession of it. the party of the accused had threatened him so that proceedings under section 107 criminal procedure code had to he instituted against the accused who had also been prosecuted for the theft of the crop by brijmohan. the theft case was pending when ..... , he was shown to have been regularly deposing against the accused persons. the high court considered the testimony of such a witness to be too 'hazardous' to be acted upon.8. the evidence of banwari, p.w. 7, the son of deceased brijmohan, a resident of timava, had been rejected by the high court mainly because he .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-06-1973
Reported in : AIR1973SC1204; 1973CriLJ769; (1973)1SCC714; [1973]3SCR571
..... for a bench of five judges, after referring to various decisions including sheo swarup (supra) and nur mohammad v. emperor . laid down the correct principle as follows :section 423(1) prescribes the powers of the appellate court in disposing of appeals preferred before it and clauses (a) and (b) deal with appeals against acquittals and appeals ..... no genuine change of heart amongst the rival parties the station officer of the police station did not agree to drop the proceedings. there was also another proceeding under section 107, cr. p.c. in which gulzarilal, pannalal, gurwa and ramgopal had been bound down. it is also alleged that on the murder of one munni banin ..... court for the purpose of showing that the trial court's judgment proceeded on a possible view of the evidence on the record and, therefore, the high court acted contrary to the observations made by this court in the above decisions. we were also taken through the relevant evidence on the record by the, appellants' learned .....
Tag this Judgment!Court : Chennai
Decided on : Feb-05-1973
Reported in : AIR1974Mad273
..... which has already been decreed, cannot be dismissed thereby nullifying the decree. there is no difference between a preliminary decree and a final decree in this regard.8. section 2, sub-sec. (2) c.p.c. defines 'decree' as 'the formal expression of an adjudication which, so far as regards the courts expressing it, conclusively determines the ..... concerned to nullify its effect so as to restore the family to its original joint status. it is further pointed out that the withdrawal of the unilateral act of declaration of intention to separate which had already resulted in a division in status cannot amount to an agreement to reunite. this decision has been referred ..... declaration. in this regard, there is no distinction between a coparcener who is sui juris and a coparcener who is a minor and on whose behalf of next friend acts, except that such declaration is subject to the approval by court. in pedasubbayya v. akkamma, , their lordships of thesupreme court observe-"now, the hindu law makes .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Apr-05-1973
Reported in : AIR1974AP123
..... iyer, j., in padma gowda v. y. hegde, air 1960 mys 337. in that case the district munsif to whom a decree was transferred under section 66 of the madras village courts act even though he was a persona designata he was held to have the power to order restitution after the reversal of the decree which had been previously ..... such decree or such part thereof as has been varied or revered.' nor indeed does this duty or jurisdiction arise merely under the said section. it is inherent in the general jurisdiction of the court to act rightly and fairly according to the circumstances towards all parties involved. as was said by cains l.c. in rodger v. the comptoir ..... . t. swamulu varu v. h. r. & c. e. commr., : air1971ap211 , and argued that in spite of the repeal of the madras act 19 of 1951, the commissioner was allowed to function as an appellate authority under section 61 (1) for the limited purpose of entertaining, continuing and disposing of appeals before him at the time of coming into force of .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-28-1973
Reported in : AIR1974P& H100
..... scheme could not be arbitrarily rejected. it was further observed that even though the case did not fail within the terms of section 115 of the evidence act, it was still open to a party who had acted on an representation made by the government to claim that the government would be bound to carry out the promise made by it ..... by the administration for such cases.3. the first contention of the learned counsel for the petitioners is that the government gave an undertaking while preparing a layout plan of section 11d that there would be two shops, one for halwai and the other for restaurant. petitioners nos. 1 and 2 and grandfather of petitioner no. 3 purchased the ..... for the petitioners has placed reliance on the union of india v. anglo afghan agencies, air 1968 sc 718, wherein it has been observed that where a person acted upon representations made in an export promotion scheme that import licenses up to the value of goods exported will be issued, and had exported goods his claim for import .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-23-1973
Reported in : AIR1974P& H199
..... a decree passed against a minor through the gross negligence of his guardian is maintainable and review is not the appropriate remedy.'in the latter authority, it was observed:'although section 462, civil procedure code of 1882 does not require that leave of the court should be expressly recorded as is now required by order 32, rule 7, civil p. c., ..... be split up broadly into two categories. the first one consists of those where the case was of a minor and later on he had said that his guardian had acted due to fraud, collusion and gross negligence and in those circumstances, it was held by the courts that his proper remedy was by a separate suit and not a ..... perhaps may be able to avoid the decree by means of a review application. but, in the instant case, the allegations of the minor were that his previous guardian had acted with gross negligence, in a fraudulent manner and in collusion with the opposite party, when he withdrew the suit filed on his behalf. if such are the allegations, the .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Sep-10-1973
Reported in : AIR1974P& H197
..... the house. according to defendant no. 1, the plaintiff had colluded with defendant no. 2 and that was why she had brought the suit.the plaintiff made an application under section 151 and rules 1 and 2 of order xxxix of the code of civil procedure for the issuance of a temporary injunction restraining defendant no. 1 from dispossessing the plaintiff ..... be taken as it stands till it is shown to be erroneous or otherwise to have been made under circumstances which entitle her to claim that it could not be acted upon. in the face of that admission she cannot take advantage of the acknowledgment contained in the agreement dated the 4th september, 1961 and of the fact that she has .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-14-1973
Reported in : AIR1974P& H97
..... the learned judge held that an issue involving evidence can also be decided as a preliminary issue. 4. for the reasons given above, i hold that the learned trial court acted illegally and with material irregularity in the exercise of its jurisdiction while refusing to try the issue with regard to court-fee and jurisdiction as a preliminary issue. the learned ..... in dispute? 2. whether messrs. bhana mal brij lal is a necessary party, being tenants in the property in dispute? 3. whether the plaintiff is estopped from suing by his acts and conduct? 4. whether brij lal, father of defendants 1 to 6 was a statutory tenant of defendant 7 if so, its effect? 5. to what amount the plaintiff is ..... order1. this is a petition under section 115 of the code of civil procedure against the order of the subordinate judge, ist class, jagraon, refusing to try the following issue as a preliminary issue:-- 'whether the suit .....
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