Court : Punjab and Haryana
Decided on : Aug-17-1973
Reported in : AIR1974P& H184
ORDER1. This petition for revision of the order dated the 2nd of June, 1973, passed by Shri V. K. Jain, Additional District Judge, Karnal, has arisen thus,. Murti Shri Krishan Maharaj (the respondent before me and hereinafter referred to as the idol) filed a suit against the three petitioners for possession of 75 Kanals 16 Marlas of land situated in village Bani, Tehsil Thanesar, District Karnal. The suit was decreed on the 12th of February, 1973. The idol took out execution of the decree and a warrant for the delivery of the land was issued by the Executing Court on the 15th of February, 1973. The warrant was executed on the 17th of February, 1973, when physical possession of an area measuring 10 Kanals 7 Marlas out of the disputed land was delivered to the idol. The rest of the area was under crop and symbolical possession thereof was delivered to the idol on the same day.2. On the 20th of February, 1973, the petitioners applied to the Executing Court for stay of execution. The order...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Nov-08-1973
Reported in : AIR1974P& H202
1. This regular second appeal has been filed by the plaintiff under the following circumstances:According to the fard jamabandi, copy Exhibit P-2, the parties are joint owners of khasra No. 27/27 having an area of 19 kanals. The land is described as gair mumkin ihata chah, Rangawala well. Karam Singh, the contesting defendant-respondent No. 1, owns a half share in the land while the other half is owned by the others. The plaintiff-appellant has a 5/16th share in that other half.2. The parties have so far been irrigating their land from a single persian wheel fitted on this well. The plaintiff-appellant now wants to have another persian wheel as, according to him, one wheel is not found sufficient to irrigate the fields of all the joint owners. Karam Singh resists the setting up of a second persian wheel on the well on the ground that more area out of the joint land would be required for the bullocks who have to work the second wheel. A co-sharer may claim only those rights in the joint...
Tag this Judgment!Court : Delhi
Decided on : Apr-20-1973
Reported in : 10(1974)DLT120
..... ' on facts it was found that the trade in tendu leaves was a state monopoly under a valid statute. to work out the power conferred under section 12 of the act for sale of tendu leaves a scheme was formulated for the whole of the state as contained in the tender notice. the tender notice and the agreements entered ..... government because the debt due is an actionable claim within the meaning of section 3 of the transfer of property act and is capable of being transferred as contemplated by section 6 of that act. as the definition of' actionable claim ' in section 3 of the transfer of property act itself shows it means a claim to any debt etc. which the ..... careful scrutiny of the facts and circmstances which gave rise to the laying down of the proposition that compensation determined under the displaced persons (compensation & rehabilitation) act becomes, by virtue of section 8, a debt due to the displaced person and so, can be attached, unlike the position obtaining under the land acquisition .....
Tag this Judgment!Court : Chennai
Decided on : Jul-31-1973
Reported in : [1974]33STC506(Mad)
..... the principle of the decision in thirumagal mills' case [1967] 20 s.t.c. 287, will not apply to transactions after the amendment of the definition of 'business' in section 2(d) in 1964 and that after the amendment the transactions of sale which are incidental and ancillary to the assessee's trade or commerce can be brought to charge ..... of pakistan, it is sufficient for the purpose of this case to observe that the sale if any was by virtue of section 5(2) (a) (v) exempt from liability to sales tax under the bengal finance (sales tax) act, for it was a sale in the course of export.11. in national tractors v. commissioner of commercial taxes [1971] 27 ..... all transactions of sale in connection with or incidental or ancillary to one's trade, commerce, manufacture, adventure or concern, the canteen sales are liable to be taxed under the act. the tribunal however, took the view, following the decision in thirumagal mills' case [1967] 20 s.t.c. 287, that the canteen sales are not in the course of .....
Tag this Judgment!Court : Mumbai
Decided on : Jul-11-1973
Reported in : (1974)76BOMLR218; 1974MhLJ505
..... landlady was accepting the rent, therefore the tenant was holding over under section 116 of the transfer of property act, is of no substance. there cannot also be any inference because of this conduct that there was fresh agreement between the landlady and the tenant ..... by the successive statutes. this occupation did not confer any rights upon the appellant and was not required to be determined by a notice prescribed by section 106 of the transfer of property act.13. therefore, mr. abhyankar's contention that because the tenant continued to stay in the suit premises and pay the rent and because the ..... disagreed with that view and held that the notice given by the landlady was quite valid; that in fact in this case no notice under section 106 of the transfer of property act was necessary because the tenant was merely a statutory tenant. i am inclined to agree with that view firstly because the landlady relied on the .....
Tag this Judgment!Court : Karnataka
Decided on : Aug-30-1973
Reported in : 1974CriLJ1210
..... food for the purpose of ensuring that adulteration of such articles is not made and if made the offenders are punished. when it is clear that section 8 of the marketing act deals only with the establishment or continuation of the establishment already made, of a place in a market area for the marketing of any notified agricultural ..... under rule 50 of the rules and rule 9 of the mysore rules. but what arises for consideration is the correct interpretation of section 8 of the marketing act.7. section 8 (1) (a) of the marketing act is the relevant provision and it reads as follows:(1) after the market is established-- (a) no local authority shall notwithstanding anything ..... rules 1955 (hereinafter referred to as the rules). it was alleged that each one of the respondents had committed offence under section 7 (iii) of the act punishable under section 16 (1) (a) (ii) of the act.3. the respondents pleaded that it was not the law that they had to take licences as complained by the appellant because .....
Tag this Judgment!Court : Allahabad
Decided on : May-15-1973
Reported in : AIR1976All91
..... be referred to the court. the court was considering the scope of a question of law arising out of the order of the tribunal within meaning of section 68 of the indian income tax act. ip our opinion such a case is not helpful ip considering the scope of jurisdiction under article 226 of the constitutions 9. in g. veerappa pillai ..... respective interests, the statement of reasons on which the impugned order under section 7-f was made was drawn up after this personal hearing, and although all that is stated there is that the benefit under the proviso should be given to ..... 1969 all xj 1060. it was observed:--'it is established from the record that the state government gave personal hearing to the parties before disposing of the application under section 7-f, and there is no reason to doubt that the entire material on the record must have been placed before it by the parties according as it supported their .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Apr-13-1973
Reported in : 1974CriLJ57; 1973MPLJ692
..... gupta who caused the fatal injury to v. n. choudhary. we, therefore, hold that all the accused-appellants, including pravin kumar gupta, are guilty under section 302 read with section 34 of the indian penal code for causing the death of sitaram chouksey, v. n. choudhary and durga prasad mishra. we also affirm the finding of ..... sentences of imprisonment are to run concurrently. vijay simon and reuben pradeep (appellants in criminal appeals nos. 211 and 215 of 1973) have been convicted under section 302 read with section 34 for the murder of sitaram chouksey, v. n. choudhary and durga prasad mishra. they have been sentenced to death for these offences. they have also ..... learned additional sessions judge that all the three appellants are also guilty under sections 449 and 394 read with section 397 of the penal code.31. then comes the question of sentence. section 367(5) of the code of criminal procedure, before its amendment by act 26 of 1955, provided that if the accused is convicted of an .....
Tag this Judgment!Court : Kerala
Decided on : Jan-29-1973
Reported in : AIR1974Ker4
..... this decision the import trade control policy in respect of this item was stated in the book import trade control policy commonly called the 'red book' in section 3 of that book under the heading 'list of items the import of which is canalised through the state trading agencies' cashewnut is included and it is stated ..... seen that thp state trading corporation ltd. controls the 2nd respondent and the former is controlled by the central government. under the import and export control act and import control order the government have undertaken to discharge certain duties in the matter of import of cashewnuts and its distribution on withdrawing the open general ..... this court under article 226 and seek for appropriate directions or orders.12. the contention that the 2nd respondent is a company registered under the companies act and therefore is not a public authority amenable to the writ jurisdiction is unsustainable in the light of what has been stated above regarding the relationship of .....
Tag this Judgment!Court : Gujarat
Decided on : Apr-17-1973
Reported in : (1974)15GLR675
..... both the sides. the question, however, is whether the present petitioner could be said to have not performed other conditions of the tenancy as mentioned in section 12(1) of the act. as already stated earlier, there is no evidence to show what were the terms and conditions of the tenancy before the trial court. assuming that the ..... lessee disclaimed the title of the lessor, the lessor will be within his right to claim forfeiture. the estoppel which is created against the tenant is under section 116 of the evidence act referred to earlier. thus, if during the continuance of the tenancy, the tenant is estopped from denying the ownership of the landlord, and if he did ..... be entitled to the benefit of all the terms and conditions of the original contract of tenancy. this provision is non-existent in section 18(1) of the rent act. under section 12(1) of the rent act, therefore, the statutory tenant is not entitled to the benefit of any terms and conditions of the original contract of tenancy in .....
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