Court : Kerala
Decided on : Feb-05-1973
Reported in : 1973CriLJ1730
..... or proved to be ice-candy and therefore, food.3. the question is whether ice-fruit is ice-candy and consequently food as defined in the act. food is defined in section 2(v) of the act as:any article used as food or drink for human consumption other than drugs and water and includes-(a) any article which ordinarily enters into, or ..... finds a place in appendix b saccharin and dulcin are not permitted to be added. the respondent is, therefore, guilty of the offence punishable under section 16(1)(a)(ii) read with section 7(v) of the act and rule 44 (g) of the rules. accordingly this appeal is allowed the acquittal of the respondent is set aside., he is convicted and taking ..... is enough if the article in question is usable as food or as drink for human consumption. the word 'use' which is to be found in section 2(v) of the act obviously means usable or capable of being used. if that be s0 ice-fruit is an article of food. if it is an article of food the prohibition contained in .....
Tag this Judgment!Court : Gujarat
Decided on : Feb-10-1973
Reported in : 1974CriLJ551; (1974)GLR153
..... stage. at page 231, in para 10, the supreme court has observed:the first submission made by mr. viswanatha sastri is that the principle underlying section 15(1) of the limitation act is applicable to a case of this kind and that, therefore, the execution applications are within time.... according to mr. sastri the composition of a ..... can be excluded by extending the principle laid down in the provisions of section 15(1) of the limitation act by analogy and that has been done by invoking the aid from the decision of the madhya pradesh high court to which i will make ..... . k. krishnappa chettiar v. s. v. v. somiah : [1964]2scr241 , the supreme court has in terms considered the question, whether the principle underlying section. 15(1) of the limitation act, 1908, can be extended by analogy or not. it is significant to note that the learned additional sessions judge has come to the conclusion that the aforesaid period .....
Tag this Judgment!Court : Mumbai
Decided on : Sep-20-1973
Reported in : (1974)76BOMLR191
..... fall under the definition of criminal contempt.10. what we are particularly called upon to interpret in this case is the real meaning and implication of section 3 of the act. that section is as follows:3. innocent publication and distribution of matter not contempt. (1) a person shall not be guilty of contempt of court on ..... be complete immunity to a citizen if he publishes material which otherwise would become contempt of court under the definition. reliance is placed upon sub-section (2) of section 3 of the act for this purpose. he therefore argued that it should be first decided whether the speeches made by the respondents (assuming that they are otherwise ..... objectionable) are such that due to the provisions of sub-section (2) of section 3 of the act, they shall not be deemed to constitute contempt of court as no criminal proceeding was pending at that time as laid down by the explanation .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Sep-12-1973
Reported in : (1974)IILLJ279AP
..... must have service of not less than eight years in all including a minimum service of two years in the commercial taxes department or in any of the commercial taxes sections of the office of the board of revenue or in the office of the sales tax appellate tribunal.18. the tests period provided for these two types are different. both ..... given situation, whether the legislative action is clearly unreasonable. the court cannot require the legislature to specify its reasons for the classification, but they will always presume that the legislature acted on legitimate grounds of distinction, if any such grounds exist. where there is a reasonable and practical ground of classification for legislative regulations, the classification should be sustained, even though .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-05-1973
Reported in : (1974)IILLJ419AP
..... entitled to the facility of thirty days' earned leave with wages and those who were appointed subsequent to 1st july, 1956 were governed by section 79 of the indian factories act. that altered the position of those who were appointed after 1st july, 1956 for under the statute they were only entitled to the ..... ms. no. 287, dated 1st may, 1972. these proceedings were issued by the electricity board in exercise of the powers conferred upon it under section 79 of the electricity (supply) act, 1948. under these regulations, all those who were temporarily employed were to be called 'emergency employees.' all of them were entitled to have their ..... is difficult to determine whether the respondent-electricity board comes or not within the meaning of the expression 'industrial establishment' as defined in section 2(ii)(g) of the payment of wages act, 1936. the discussion, therefore. has to proceed on the basis, assuming that the respondent-electricity board is an industrial establishment, whether .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Oct-24-1973
Reported in : AIR1974P& H195
ORDERThis is the defendants' petition for revision of the order of the Court of Shri Amjad Ali Khan, Subordinate Judge First Class, Jullundur, dated August 14, 1973, whereby he refused to summon the witnesses of the defendants for procuring whose attendance for August 23, 1973, process was prayed for by them in their application, dated August 13, 1973. The evidence of the plaintiff-respondents had been concluded on July 26, 1973, and the case was adjourned for the first time for the defendants' evidence to August 23, 1973. While adjourning the case, the trial Court had directed the defendants to deposit diet-money and process-fee within four days that is by July 31, 1973. The solitary ground on which the application of the present petitioners was not allowed was that they had deposited the diet-money and process-fee beyond the period of four days fixed by the learned Subordinate Judge for that purpose. I think the order of the trial Court is wholly misconceived and contrary to law. It ...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-16-1973
Reported in : AIR1974P& H64
ORDER1. The facts giving rise to this revision petition are these. Shrimati Indira Wati filed a suit for partition and accounts against Reghunath Sahai and Nathu Ram. A preliminary decree was passed in this case on 30th November, 1960. Dissatisfied with the same, the defendants filed an appeal in this Court, which was dismissed on 6th April, 1966. At the time of the preparation of the final decree on 29th November, 1966, a compromise was effected between the parties, under which in lieu of the claim made by the plaintiff, Rs. 10,000/- were paid to her in Court and it was agreed by the defendants that they would further pay Rs. 50,000/- in two instalments of Rs. 25,000/- each. The first instalment had to be paid on or before 31st December, 1966, and the other on or before 31st March, 1967. On that very date, the Court ordered that a court-fee stamp of Rs. 994/- for the preparation of the decree-sheet be supplied by the plaintiff. A stamp of Rs. 980/- was, however, produced before the Co...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-09-1973
Reported in : AIR1974P& H114
..... instructions requiring eligibility certificate and laying down that no person shall be admitted in an engineering college unless he produces an eligibility certificate and on which instructions respondent no. 2 acted, be issued; and (c) that a writ of mandamus directing respondent no. 1 to allow the petitioner to continue with his studies and to regulate his admission, be issued.2 .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Sep-14-1973
Reported in : AIR1974P& H124
1. The minor Rupinder Kaur, aged about 5 years, has been produced before me in Court today. She is properly dressed and appears to be in good health. Her present state of health could not possibly have been brought about since I passed my last order directing the production of the child in Court. I have questioned the child. She states that she is studying in a Government school in her village and that her mummy is looking after her. The father of the child is also present and assures me that he is discharging all his obligations towards the child as the father. He also assures me that his second wife is looking after the child properly.2. Shrimati Iqbal Kaur respondent is also present. She has produced before me album containing some photographs of a minor girl of about 1 to 3 years of age. As observed by the learned Guardianship Judge, it cannot be said with certainty that the photographs are of Kumari Rupinder Kaur. The respondent has not brought any small present for the child whic...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-16-1973
Reported in : AIR1974P& H52
ORDER1. This revision petition is directed against an order, dated 14th June, 1972, of the Subordinate Judge First Class, Rohtak, whereby he allowed the plaintiff to abandon his claim with regard to the non-agricultural property in suit, and also permitted the plaintiff to amend the plaint not only for deleting those portions that related to the abandoned claim, but also to state with clarity that the vendor was a profligate, etc., and the sale was effected without necessity. There is an observation in the impugned order to the effect that the plaint is rejected with regard to that part of the property in respect of which the claim had been abandoned by the plaintiff.2. Same material facts may be noted.3. The plaintiff is the son of Pt. Nand Lal. He claimed the usual declaration that the sale effected by his father and uncles in favour of the other defendants was void qua his rights as it was made without consideration and without any legal necessity. The sale in question embraced in i...
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