Court : Andhra Pradesh
Decided on : Mar-26-1973
Reported in : (1974)IILLJ353AP
..... minimum in the grade prescribed by clause 5 of the order and if he had refused to take it an occasion may have arisen for the operation of section 11(2) of the act. it is, therefore, manifest from what is observed that it was a case of breach of 'the statutory regulations and, therefore, their lordships interfered.in calcutta ..... in its service by giving him salary for three months' in lieu of notice under rule 3 a (iv) of the rules made under section 172(2) of the u. p. district board act and the order was challenged on the ground that the board had no power to terminate employment of its servant except under the notification dated march ..... giving an opportunity to explain to the persons who would be affected by such a finding. for the aforesaid reasons, i have no doubt that the section imposes a duty on the government to act judicially in ascertaining the objective and jurisdictional fact, namely, whether the committee is incompetent. it is a necessary condition of such a duty to give an .....
Tag this Judgment!Court : Allahabad
Decided on : Mar-22-1973
Reported in : 1973CriLJ1344
..... during the period. since his case does not fall under article 5 of the constitution he is not a citizen of india and is a foreigner. section 3 of the foreigners act gives wide powers to the central government for prohibiting, regulating or res- tricting the enter of foreigners into india or their departure therefrom or their ..... the term 'foreigner' has not been defined in the order. it will therefore, have the same meaning as assigned to it under the foreigners act, 1946- according to section 2(a) of the foreigners act 'foreigner' means a person who 'is not a citizen of india.'11. article 5 of the constitution defines citizenship at the commencement of the ..... not applicable to him and hence his detention is illegal.5. the foreigners (internment) order. 1962 was framed in exercise of the powers conferred by sections 3, 4 and 8 of the foreigners, act. 1946 (31 of 1946) read with the foreigners law (application and amendment) ordinance, 1962.6. in order to examine the contentions raised on .....
Tag this Judgment!Court : Orissa
Decided on : Jan-09-1973
Reported in : 39(1973)CLT186; 1973CriLJ1058
..... a verbal statement resembling the case of a dumb person and was relevant and admissible in evidence, under section 32 of the ceylon evidence ordinance (act 14 of 1895) which corresponds to section 32 of the indian evidence act (act i of 1872). by enacting section 32, the legislature in its wisdom' has placed a dying declaration on par with evidence on oath ..... to the cause of his death, or as to any of the circumstances of the transaction which resulted in his death is relevant under section 32(1) of the evidence act. it is significant that in section 32 the word used is 'verbal' and not 'oral'. such a dying declaration may therefore be in writing or oral or may be ..... appellant was convicted for the offences with which he was charged and was sentenced to imprisonment for life for his conviction under section 302, i.p.c., but no separate sentence was imposed for his conviction under section 328, i.p.c.2. the deceased baburi kar who was the youngest of the three brothers was running a sweetmeat .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-12-1973
Reported in : (1974)76BOMLR413
..... the acquittal of the accused for they are seriously prejudiced in such matters in getting the sample analysed from the director of central food laboratory under sub-section (2) of section 13 of the act.9. however, the controversy as to the point of time when the accused must of necessity exercise his right has been raised in the present appeal ..... to be a certificate signed by the director of the central food laboratory, may be used as evidence of the facts stated therein in any proceeding under this act or under sections 272 to 276 of the indian penal code:provided that any document purporting to be a certificate signed by the director of the central food laboratory shall be ..... cause the analysis to be made from the authority mentioned of the sample or the part retained under sub-clause (iii) of clause (c) of sub-section (1) of section 11 of the act. the right of the accused therefore reaches to both the parts, that is, one part delivered to him and another retained by the food inspector or .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-29-1973
Reported in : AIR1975P& H33
..... 9, 1972. the writ petitioner had suggested two names to the deputy commissioner for being nominated as women members of the municipal committee, haryana, under section 12-e of the act. his recommendations were, however, not accepted and the government made its own nominations. after nominations were gazetted and the co-opted women members took oath. ..... judge did not accept the plea of the appellant that the writ petitioner, after the co-option of the two women members by the government under section 12-b of the act, took part in the election of the president and, therefore, was estopped from filing the writ petition. consequently, the writ petition was accepted and ..... of the committee having not been able to co-opt two women members and, therefore reported to the government for nomination of two women members under section 12-e of the act. the government nominated smt. sohan kaur and smt. harbans kaur as members of the municipal committee, haryana, by a notification which appeared in the .....
Tag this Judgment!Court : Gujarat
Decided on : Jan-11-1973
Reported in : (1974)15GLR7
..... earlier executive instructions of the government of india.6. the commission is the creature of the oil and natural gas commission act, 1959. section 12 makes provision for the staff of the commission and section 12(2) provides that the functions and the terms and conditions of service of such employees shall be such as ..... government in the official government gazette, which are not inconsistent with the act and the rules made thereunder for enabling it to discharge its functions under the act. section 32(2) provides that in particular and without prejudice to the generality of the foregone provision such regulations may ..... may be provided by regulations made under this act. section 31(1) enables the central government to make rules to give effect to the provisions of the act. section 32(1) gives power to the commission to make regulations with the previous approval of the central .....
Tag this Judgment!Court : Orissa
Decided on : Aug-03-1973
Reported in : 39(1973)CLT1025; [1974]33STC316(Orissa)
..... of the petitioner-firm he was resisted. a proceeding was initiated against the petitioner for cancellation of the registration on the allegation that the provisions of section 8(2) of the act and rule 17(f) made thereunder had been violated. reliance was placed in support of the allegation of opposite party no. 4 on a statement ..... 1957] 8 s.t.c. 741. we conclude by holding that resistance against seizure which is not authorised cannot be taken to be a breach under section 8(1)(b) of the act read with rule 17 of the rules. once the finding is that opposite party no. 4 was trying to seize the records without authority of law ..... from the indian oil corporation and has been registered as a wholesale distributor under the orissa motor spirit (taxation on sales) act, 1946 (hereinafter referred to as the act). a certificate of registration under section 7 of the act had been granted to it. on 16th june, 1970, an assistant commercial tax officer attached to the intelligence wing at berhampur .....
Tag this Judgment!Court : Orissa
Decided on : Mar-08-1973
Reported in : 39(1973)CLT415; 1973CriLJ1435
..... of no avail or consequence in the facts of this case.16. on the above considerations, i am satisfied that the prosecution has failed to establish the charge under section 302, indian penal code against the accused-respondent beyond reasonable doubt, and i do not find any convincing reason to differ from the conclusions arrived at by the ..... an independent and trustworthy witness. from their evidence, it is established beyond doubt that the accused assaulted the deceased only with m. o. i., and so his conviction under section 323, ipc is well founded.9. p. w. 10, the doctor, in his cross-examination has said, that the fatal fracture on the parietal bone of the deceased, ..... the evidence of such witnesses has to be examined, assessed and sifted with extreme caution and care, and if the same stands the test of scrutiny, it can be acted upon. mechanical rejection of such evidence on the sole ground that it is partisan would lead to failure of justice. in the present case, apart from the evidence .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-26-1973
Reported in : (1974)15GLR603
..... , if such tenant is a permanent tenant thereof or protected tenant and tried landlord has not given notice of termination of his tenancy under section 31, or under section 14 of the act. under section 32g, the tribunal shall publish or cause to be published a public notice in the prescribed form in each, village within its jurisdiction calling ..... had no jurisdiction to deal with the question whether the appellant was or was not a tenant of the land is plainly belied by the terms of section 32 of the act. under section 32 only a 'tenant' is deemed to have purchased the land from his landlord on april 1, 1957. the agricultural lands tribunal had therefore ..... to determine in the first instance whether the claimant was a tenant in respect of the land. it is true it at under section 70 of the act, jurisdiction to determine whether a person is a tenant or a protected tenant, is conferred upon the mamlatdar, and that provision by implication excludes the jurisdiction .....
Tag this Judgment!Court : Himachal Pradesh
Decided on : Jan-18-1973
Reported in : 1973CriLJ1527
..... sessions judge also considered that the magistrate had even decided the case under section 137 and, therefore, according to him no further proceedings were required to be taken up. in other words the learned sessions judge considered that the preliminary order ..... opinion that there was no reliable evidence in support of such denial of public right. he, therefore, directed the petitioners to appear before him for further proceedings under section 137.2. against the order of the learned magistrate, the petitioners came up in revision before the sessions judge, nahan but they did not succeed. the learned ..... to exercise their right of passage upto the temple. the expression 'public place' is not defined in the criminal procedure code or in the penal code. in queen v. wellard, (1884) 14 qbd 63, grove, j., laid down that a public place 'is a place where the public go, no matter whether they have a right to go or .....
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