Court : Chennai
Decided on : Apr-06-1973
Reported in : AIR1974Mad199
..... the building and the site. as such, the contention of the learned counsel for the appellant as if no execution can be taken in view of section 13 of the tamil nadu act xxx of 1963 is of no avail.19. the courts below have correctly appraised the matter and have given an order for possession. taking into consideration ..... v. amaravathi ammal : air1971mad182 and ramacchandra naidu v. parameshwaran nair : (1970)1mlj578 , for the proposition that the words 'subject-matter of the suit' in section 17(2)(vi) of the registration act cannot be read as subject-matter of the plaint nor even as a subject-matter in dispute in the suit or proceeding and that if the consent ..... relation to the case on hand. the direction to purchase is only in relating to the subject-matter of the proceeding in the main suit, within section 17(2)(vi) of the registration act, and as such no registration of the decree is needed.17. thiru kothandarama nayanar, the learned counsel for the respondent, also brought to my notice .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Apr-13-1973
Reported in : AIR1974AP238
..... an order of the court in this course of a suit.'the expression 'award' is not defined under the indian stamp act, we have, therefore , to look to the arbitration act , 1940. section 2(a) of the arbitration act defines 'arbitration agreement' as 'a written agreement to submit present or future differences to arbitration. whether an arbitrator is named ..... there is oral reference to an arbitrator or an umpire for the settlement of the dispute, cannot be given effect to. the stamp act being a special act, the definition of the word 'award' used in section 2(b) apply according to the respondent's counsel. as pointed out earlier, there is no definition of the word 'award' ..... that any arbitration proceeding is governed by the provisions of the act. there can be no award within the meaning of section 2(b) without an agreement in writing, any decision given by the arbitrators cannot strictly be termed as an arbitration award within the meaning of section 2(b). to put it differently, for any decision .....
Tag this Judgment!Court : Orissa
Decided on : May-02-1973
Reported in : AIR1974Ori13
..... in hindu law, aforesaid, applies. i am therefore of opinion that j lalita got absolute interest in tine property allotted to her under the registered partition deed.9. section 147 of the mulla's hindu law (13th edition) deals with the topic of succession to stridhana according to the mitakshara. for the purpose of succession, the mitakshara ..... to her stridhana heirs but to the next heirs of her husband; this is the position in hindu law as prevailing immediately prior to the commencement of hindu succession act, 1956.7. the aforesaid rule of hindu law is subject to an exception. where under a deed of partition, or by agreement or under a compromise or ..... deed between defendant no. 2 and lalita was a bona fide transaction under which the properties were partitioned by metes and bounds and that the said partition deed was acted upon, that lalita sahuani got absolute title to the properties allotted in the partition inclusive of a moiety interest in schedule 'a' property and, as such, it .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-29-1973
Reported in : AIR1974P& H125
ORDER1. This judgment will dispose of C. Ws. Nos. 2288 and 2626 of 1973.2. Gurinder Pal Singh petitioner in C.W. No. 2288 of 1973 passed his Pre-Medical Examination from the Punjabi University securing 411 marks without optional paper. He had applied for admission to the two Government Medical Colleges in the State. The dates of interview for the selection of candidates for admission were July 20 and 21, 1973. It is alleged that on July 19, 1973, the petitioner made enquiries from the authorities of the Government Medical College, Patiala, regarding the manner in which admissions to these institutions would be made. He was informed that 50% of the total number of seats were reserved for different categories of candidates and only 50% seats would be allotted on the basis of merit. The special reservation for various categories of students has been made vide letter dated July 7, 1972, issued by the Health and Family Planning Department, Punjab, Chandigarh. The relevant portion of this le...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jul-31-1973
Reported in : AIR1974P& H160
..... may enjoy the security for the mortgage to the best advantage. the decision of the learned trial court on issue no. 1 is against the provisions of section 44 of the transfer of property act and is reversed. 8. for the reasons given above, this appeal is accepted and, setting aside the decree passed by the learned trial court, the case ..... at the time of any nimani by paying the entire mortgage amount, balwant rai tried to eject gurdas rai from the premises by fling petitions under section 13 of the east punjab urban rent restriction act but was unsuccessful. he then filed a suit, out of which the present appeal has arisen, on august 2, 1960, for separate possession of ..... to have separate possession by partition of one-half share of his mortgagor, to which he is entitled under section 44 of the transfer of property act referred to above. it is not a joint family house and, therefore, proviso to section 44 ibid does not apply. it was held by a division bench of the bombay high court in moti .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Oct-01-1973
Reported in : AIR1974P& H188
..... reads as under:-- 'no doubt pindidas himself was bound by the contract which he has entered into and the plaintiff would have been entitled to the benefit of section 15 of the specific relief act which runs thus: 'where a party to a contract is unable to perform the whole of his part of it, and the part which must be left ..... this view, reliance has been placed on choranji lal v. kartar singh, air 1925 lah 130.in that case the joint hindu family consisted of two brothers. the elder brother acting for himself and on behalf on his minor brother sold the property. the minor brother brought a suit for possession of the property on the ground that the sale made ..... . it also observed that if udey chand wanted to sell land belonging to the corparcenary, it was incumbent upon him to get the consent of lachhman das, a hindu father acting as the karta of the family does not have to seek the consent of his sons for making alienations of joint property for necessary purposes. again, it is not necessary .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-23-1973
Reported in : AIR1974SC329; 1974CriLJ358; (1974)3SCC649; [1974]2SCR393
..... been recorded, no reliance can be placed on the circumstance that the statement bears the appellant's signature. besides in his examination under section 342, crpc, the appellant was not asked by the learned magistrate to offer any explanation whatsoever in regard to the statement. counsel ..... 9. the high court found an uncommon reason for believing kehar singh by saying that the fact that he was charged under section 429 of the penal code showed that the police were not inclined favourably towards him. the question before the high court was ..... at least in one case against a person called gajjan singh. krishan chand had figured as an accused in a prosecution under section 382 of the penal code initiated by one sham lal. he was also concerned with the commencement of security proceedings against a ..... , j.1. the learned judicial magistrate, 1st class, sunam convicted the appellant under section 9 of the opium act for being in possession of over 1 kg. of opium without a licence and sentenced .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-10-1973
Reported in : AIR1973SC930; 1973LabIC565; (1973)1SCC420; [1973]3SCR236
..... by following the appropriate procedure laid down by the constitution.27. in identifying backward classes, therefore, one has to guard oneself against including therein sections which are socially and educationally advanced because the whole object of reservation would otherwise be frustrated. in this connection it must also be remembered ..... scheduled castes and scheduled tribes, and that the provision made is for their advancement. reservation may be adopted to advance the interests of weaker sections of society, but in doing so, care must be taken to see that deserving and qualified candidates are not excluded from admission to higher ..... february 3,1969. this committee made its report in november. 1969 recommending several classes of citizens who deserved to be described as socially and educationally backward. acting substantially on the recommendations of the committee the state government issued on april 18, 1970 the jammu & kashmir scheduled castes and backward classes (reservation rules .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-16-1973
Reported in : AIR1973SC2498; (1973)2SCC737; [1974]1SCR399
..... said that these improvements could have been effected in good faith. with respect to the allegation that an order of forfeiture was not served on the appellant under section 9 of the act, the court observed that though the state had in its written statement contended that such an order had been passed, no order was produced in evidence and ..... of forfeiture being passed, the respondent could forfeit the improvements. on this issue it was held that no notice of forfeiture of trees, need be given under section 9 of the act and, therefore no compensation or damages were payable in respect thereof.5. the high court accepted the finding of the trial court on this issue it observed ..... advocate for the appellant sought to make out a fresh case, namely, that as the appellant was not served with a notice to quit as required under section 9 of the act but was forcibly evicted without giving him an opportunity of cutting and taking away the trees etc. from the lands from which he was evicted, he would .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-11-1973
Reported in : AIR1974SC1084; (1974)1SCC446; [1974]2SCR679
..... conscience upheld by the english judges, though also sanctified by the statute relating to private trusts. the court below have drawn inspiration from section 83 of the trusts act and we are not inclined to find fault with them on that score because the provision merely reflects a rule of good conscience and ..... law commission of india in a recent report law commission of india, 54th report-civil procedure code on amendments to the civil procedure code has suggested the deletion of section 80, finding that wholesome provision hardly ever utilised by government, and has gone further to provide a special procedure for government litigation to highlight the ..... connotes a public trust. the next question is whether the indian trusts act, 1882, applies to the present case. the courts below have argued themselves into an application of section 83 of the trusts act. sri dixit rightly objects to this course because that act relates only to private trusts, public charitable trusts, having been expressly .....
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