Court : Orissa
Decided on : Jan-01-1973
Reported in : AIR1973Ori157
..... had not been partitioned by metes and bounds. thus the court's finding to this effect is perfectly correct. 8. mr. das also urged that the court below acted illegally in arriving at the said finding as it did not appreciate the question in the correct legal perspective. he contends that the said finding is illegal inasmuch as there ..... the joint family property by metes and bounds between them. according to mr. das in view of the above-mentioned specific averment in the written statement the court below acted illegally in making out a new case for the defendants and deciding the case on that basis. he also urged that the aforesaid conclusion about severance of the joint ..... of defendants nos. 1 to 4 in respect of ac. 0.19 decimals of land. all these transactions were without any legal necessity, without any consideration and were not acted upon. plaintiffs nos. 1 and 2 came to know of the execution of the aforesaid kabalas only after defendant no. 5 left the family and went to live at .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-08-1973
Reported in : 1974CriLJ862
..... declaration and he frankly conceded that he could not point out any and that the petitioner could not be said to have committed any offence falling under section 199 or section 200 of the indian penal code even if that declaration was false to the petitioner's knowledge. in this view of the matter, i accept the ..... produced, as it stands, is not sufficient for a conviction, the magistrate is duty-bound to discharge the accused. in this context, the word 'presuming' in section 254 clearly envisages the framing of a charge against the accused only if the evidence before the magistrate is sufficient to warrant a conviction. in advancing an argument to ..... with his admission to that institution. these facts clearly proved that the declaration made in affidavit exhibit pc/1 was false and that the petitioner had committed offences under sections 182, 199 and 200 of the indian penal code.4. before the framing of the charge four witnesses were examined by the learned magistrate. dr. yudhvir sachdeva ( .....
Tag this Judgment!Court : Mumbai
Decided on : Nov-16-1973
Reported in : (1974)76BOMLR523
..... this order that is being challenged in this petition.5. mr. agurwal, appearing for the petitioner, has made two submissions before me :--(1) apart from section 11a of the act, an application under section 11 for fixation of standard rent is maintainable any number of times as long as an earlier application in this behalf is not decided on merits, and ..... at which they were last let before that day, and these two eases do not fall under any of the clauses (a) to (d) of sub-section (1) of section 11 of the act. but even in such eases a dispute may arise between the landlord and the tenant and it is to cover such a case that clause (c) ..... shankar v. baghunath (1960) 63 bomlr 404 the facts were these. the tenants made applications to the small clauses court for fixation of standard rent under section 11 of the act in respect of their respective premises. the landlord resisted the said applications on the ground that the predecessors of the present tenants had made similar applications before the .....
Tag this Judgment!Court : Mumbai
Decided on : Apr-19-1973
Reported in : 1974CriLJ162; 1973MhLJ800
..... civil, revenue or criminal court is of opinion that it is expedient in the interest of justice that an enquiry should be made into any offence referred to in section 195, sub-section (i), clause (b) or clause (c), which appears to have been committed in or in relation to a proceeding in that court, such court may, after such ..... alleged to have been committed by him under section 85(1)(2) and (3) of the bombay prohibition act. he was produced before shri l. g. deshpande, second joint civil judge, (junior division), first class, akola and was remanded to custody till 2-11-1968. on ..... r. k. karandikar, judicial magistrate, first class, akola on 12-8-1969 under section 476 read with section 195 of the code of criminal procedure. it arose out of criminal case against one deolal kisan under section 85(1)(2) and (3) of the bombay prohibition act. 2. one deolal kisan was arrested on 25-10-1968 in connection with an offence .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-19-1973
Reported in : AIR1974AP106
..... arose whether the court could go into the question whether a state of emergency existed justifying the proclamation of the governor general of india under section 72 of the government of india act, 1919. the privy council said.'that raises directly the question who is to be the judge of whether a state of emergency exists. ..... narrated by me would show that there was a complete break down of law and order in a large area of the state and strike by a great section of government employees practically paralysing the government. i have also explained earlier, that those considerations are, without doubt, relevant considerations which may be taken into account ..... a bid to solve the problem announced a five point formula pursuant to which the parliament passed the mulki rules act. apparently sections of people were not satisfied with the solution afforded by the mulki rules act. the agitation continued. the deputy chief minister and ten other ministers resigned from the cabinet. the agitation in the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-17-1973
Reported in : 1973CriLJ1713
..... . in cri. m. p. nos. 11863 of 1971 and 56 of 1972, d/- 24-2-' 1972 (andh pra) and contended that information of past acts alone involving breach of peace is not reasonably sufficient for proceeding under section 107, criminal p. c. in that case the preliminary order was passed by the learned magistrate on 14-8-1971. the order was passed ..... , criminal p. c. in (1967) 2 andh wr 327 : (1968 cri lj 815) (supra). kurnarayya, j. (as he then was) observed that mere acts of violence in the past would not justify action under section 107, criminal p. c. this decision of the learned judge cannot be approved either in law or on authorities which we have discussed supra.8. in all ..... p. c. in y. ramanaiah v. state. (1967) 2 andh wr 327 - (1968 cri lj 815) kumarayya, j. (as he then was) also expressed the view that mere acts of violence in the past would not justify action under section 107, criminal p. c.4. before we proceed to consider this contention it would be appropriate to notice the setting in which .....
Tag this Judgment!Court : Orissa
Decided on : Jul-13-1973
Reported in : 1974CriLJ70
..... apologetic and throughout took the stand of obstinate defiance. we are not satisfied about his apology, nor do we find that it is a bona fide one. section 12(1) of the act has, therefore, no application. as pointed out by the learned judges of the supreme court in air 1972 sc 1107 : 1972 cri lj 754 (mulkh raj ..... sincere and unqualified apology for his mistaken views on facts and law and implore that this opposite party may be discharged on this bona fide apology.section 12(1) of the act provides that an accused may be discharged or punishment awarded may be remitted on apology being made to the satisfaction of the court. the explanation under ..... side, are liable for contempt.23. the hon'ble judges, presiding over the full bench may also be liable for contempt as specifically provided in section 16 of the contempt of courts act, 1971, particularly when they discharged their judicial functions with pre-conceived and pre-judged notion on the controversial aspects involved in the said lis, thus, .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-11-1973
Reported in : AIR1974SC1510; (1974)1SCC459; [1974]2SCR619; [1974]33STC254(SC)
..... these goods being diverted by the assessee for any other purpose. consequently we hold that the sales took place in the course of import of goods within section 5(2) of the act, and are, therefore, exempt from taxation.as already stated, there was to be an inspection of the goods in belgium by the representative of the dgs ..... ' before the sixth amendment of the constitution. by that amendment, parliament was given power to formulate the principles for construing the expression. and, in section 5(2) of the central sales tax act, 1956. parliament has given a legislative meaning to the expression :5(2) a sale or purchase of goods shall be deemed to take place in ..... in belgium by their principal occasioned the movement of goods in course of import and sales tax was not exigible on the transaction in view of section 5(2) of the central sales tax act, 1956. on the basis of this judgment, respondent no. 2 issued an order (annexure p-1) to all the authorities concerned including respondent .....
Tag this Judgment!Court : Delhi
Decided on : Nov-26-1973
Reported in : ILR1974Delhi660
..... on the petitioner by law independently of any agreement between the parties. the state bank of india was established by the state bank of india act, 1955. by section 7 of the act, the services of the employees of the then imperial bank of india were transferred to the state bank of india and each employee was ..... it considers necessery or desirable for the efficient performance of its functions, and determine the terms and conditions of their appointment and service. according to section 16 of the general clauses act, thereforee, the state bank had also the power to dismiss such persons who could be appointed by it. in pradyat kumar bose v. the ..... [1959]1scr1236 , the essentially contractual nature of the employment of a professor of the university is recognised. the award of the arbitrator appointed under section 45(2) of the delhi university act was set aside as disclosing an error of law apparent on the face of the record inasmuch as the award purported to reinstate the professor contrary .....
Tag this Judgment!Court : Gujarat
Decided on : Jan-24-1973
Reported in : (1974)15GLR345
..... subject to any mental or physical disability....it is therefore necessary for us first to see the definition of the expression 'landlord.' sub-section (18) of section 2 of the tenancy act defines 'tenant' in the following terms:tenant' means a person who holds land on lease and includes--... and the word 'landlord' shall ..... respondent no. 4 filed against the petitioners another application under section 31 read with section 29 of the tenancy act for recovering possession of these lands which is also pending. on 21st august 1969 the petitioners made another application to the mamlatdar ..... he is the sole legatee. on 25th november 1969, respondent no. 4 filed against the petitioners an application before the mamlatdar under section 14 read with section 29 of the tenancy act for recovering possession of these lands. that application is now pending at a revisional stage before the gujarat revenue tribunal. in january 1970 .....
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