Court : Rajasthan
Decided on : Jan-20-1973
Reported in : AIR1973Raj254; 1973()WLN107
..... regulation and his property shall be liable to bp taken under the superintendence of the court of wards. their lordships observed as follows :--'the provisions of section 112 of act 42 of 1930 are penal in nature and are intended by way of punishment of a landlord who habitually infringes the rights of his tenants. he is ..... we accordingly strike it down. as a matter of necessary conseauence. we quash the notices issued thereunder. no action has been alleged to be taken under section 24 of the colonisation act and it is, therefore, not necessary to examine its validity.24. no other point was pressed before us.25. the result of our discussion is ..... under a legal right or not according to the subiective satisfaction of the officer concerned. that no procedure having been provided for taking action under section 22 of the colonisation act it was violative of article 14 of the constitution; that the government showed discrimination in the treatment of number of tenants similarly situated and that .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Aug-10-1973
Reported in : AIR1975AP58
..... , who are to be appointed on consultation with the central government and the state government. the functions of the food corporation are set out in section 13 of 1964 central act, the primary duty of the corporation is to undertake the purchase, storage, movement, distribution and sale or food-grains and discharge, among other things ..... the national co-operative development and warehousing board. it is to consist of a chairman and other members. the functions of the board are detailed in section 9 of that act, its functions being to plan and promote programmes for the production, processing, marketing, storage, warehousing, export and import of agricultural produce through a co ..... and when such facilities are not available the collection of the fee or cess at the rates specified in the impugned notice is illegal. section 7 (1) of the act places a restriction on any person to purchase, sell, store or weigh the agricultural product without the permission or the market committee and such .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-29-1973
Reported in : AIR1973SC2204; (1973)2SCC72; [1973]3SCR818; 1973(5)LC629(SC)
..... decision in union of india v, mahesh chandra (supra) to the effect that an offence under s. 161 i.p.c. and under sub-section 2 of section 5, prevention of corruption act is cognizable so far as officers of the rank of a deputy superintendent of police and above are concerned, but so far as the officers ..... the time being in force regulating the manner or place of investigating, inquiring into, trying or otherwise dealing with such offences. the only change which section 5a of the prevention of corruption act makes is with regard to officers competent to investigate and arrest without warrant; in all other respects the crpc applies and, therefore, there is ..... in this regard and in above circumstances, it cannot be unequivocally said that this document was obtained in due course of business in compliance with section 5a of the prevention of corruption act. even assuming that the order is free from doubt, learned counsel appearing for the petitioners has urged 'before me that since the venue of .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-30-1973
Reported in : AIR1974SC111; (1974)1SCC11; [1974]2SCR116
..... and the liability of the appellants to hand over possession of the land to the respondent under the decree have been kept intact by section 22 of the act.8. the provisions of section 4 of the act have been reproduced above and it is manifest therefrom that with effect from the appointed day, viz, april 1, 1963 all patel watans ..... to the conclusion that the right of the erstwhile watandar to the possession of the watan lands also comes to an end. indeed, clause (iv) of section 4 of the act expressly provides that the resumption of watan land consequent upon the abolition of patel watans and the extinguishment of incidents appertaining to the said watans would be ..... also be not executed with effect from the appointed day. this contention, in our opinion, is not well-founded. what is contemplated by the opening clause of section 4 of the act is that notwithstanding any usage or custom or anything contained in any settlement, grant, agreement, sanad, or any decree or order of a court or the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-14-1973
Reported in : AIR1975SC706; (1974)1SCC500; [1974]2SCR741; 1973()WLN1008
..... committee of management.35. in our view, the hypothesis on which the high court has based its conclusions is not warranted by the provisions of sub-section (5) of section 53 of the act. in the first category, apart from the committee being constituted from amongst the trustees of public trusts representing the same religion, the committee can also ..... parasnath temple is a public trust of which the gross annual income exceeds rs. 10,000/- and is, therefore, governed by clause (e) of sub-section (1) of section 52 of the act. whether this is so or not cannot be determined by us merely on the alligations in the petition. it is for the state government, if it ..... were not matters of religion and the objections raised with regard to the validity of those provisions seem to be altogether baseless. section 35 of the bombay act which is similar to section 30 of the act was upheld on the ground that 'it is a well-established principle of law that trustees in charge of trust properties should not .....
Tag this Judgment!Court : Delhi
Decided on : Oct-04-1973
Reported in : ILR1974Delhi260
..... contended that the prosecution had sufficient time from 15th may, 1971, to 18th november. 1971, at their disposal to obtain the necessary sanction under section 6 of the act for prosecuting the petitioner, but it deliberately waited till the termination of services of the petitioner and filed the present chargesheet on 14th december, 1971, ..... to be a public servant. it was, thereforee, contended that if for any reason whatsoever sanction for prosecuting the petitioner could not be obtained, section 6 of the act would provide a complete bar to the petitioner's prosecution in the present proceedings. it was further submitted that the expression 'public servant' appearing in ..... against the petitioner and respondent shri r. k. birla. (10) shri avtar singh learned cousel for the petitioner submitted that the provisions of section 5(l)(d) ofthe act applied to a public servant in office and not to erstwhile public servant. it was accordingly contended that the petitioner being no longer a public .....
Tag this Judgment!Court : Delhi
Decided on : Apr-05-1973
Reported in : AIR1973Delhi265; 9(1973)DLT267
..... it would have to be passed after bringing them on record. (22) death of the statutory tenant after the order for eviction is passed under the 1958 act : section 25 of the 1958 act provides as follows :- 'notwithstandinganything contained in any other law, where the interest of a tenant in any premises is determined for any reason whatsoever and any ..... or through someone other than the deceased tenant, then they cannot be evicted in execution of the order for eviction in view of the proviso to section 25. section 50(4) of the act of 1958 also reserves the final decision on title to a civil court. the controller has, thereforee, to decide whether a person has an independent ..... jurisdiction. for, the survival of the right to sue is governed by the general law. while the general law is stated in section 37 of the contract act and section 306 of the indian succession act, these provisions are not concerned with the form in which the right to sue survives and the procedure by which such a right .....
Tag this Judgment!Court : Rajasthan
Decided on : Mar-09-1973
Reported in : AIR1973Raj219; 1973()WLN200
..... are vague and in absence of a corroborative evidence it is difficult to accept the version of the appellant explaining the delay. the provisions of section 5 of the limitation act in a proper case may be construed liberally but that could be only done if there was no negligence or inaction on the part of the ..... was sufficient cause for the delay in making the application for bringing the legal re-presentatives of the deceased respondent on record and claimed benefit of section 5 of the limitation act praying for setting aside the abatement of the appeal the question that naturally arises for our consideration therefore is whether there is sufficient cause for ..... r, 4. c.p..c. this application was accompanied by affidavits of the appellant himself and that of babhutdan. an-other application was made under section 5 of the limitation act on 4th january, 1972 wherein it was prayed that the delay in filing the application be condoned. this application was also supported by affidavits of the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Oct-11-1973
Reported in : AIR1975AP138
..... general law relating to arbitration there is no appeal against an award. the power to provide for an appeal by a rule must, therefore, flow from section 30 of the act, section 30 first confers a general power to make rules and then enumerates, as illustrative of the general power, certain, topics on which rules in particular may ..... may delegate some of its powers and functions to any authority or person, there is no provision on this line in chapter iv-a of the act section 12 of the corporations. act, however, empowers the corporation by resolution passed at a meeting to appoint committees of its members for performing such functions as may be specified in the ..... being exercised by anyone other than the authority to which it is entrusted by the parliament. much therefore depends upon the construction of section 68-c of the act and section 12 of the corporations act that alone would provide an answer as to whether the delegate i. e. the routes committee is within the statutory description of .....
Tag this Judgment!Court : Allahabad
Decided on : Jul-20-1973
Reported in : [1974]33STC381(All)
..... always be said that the commodity sold in that condition is generally exempt from sales tax. that is precisely what was being avoided by the explanation added to section 8(2a) of the act. as stated earlier, under the notification dated 31st march, 1956, milk product is exempt from payment of sales tax only when it is sold otherwise than in sealed ..... tax on such conditions and on payment of such fee, if any, not exceeding rs. 8,000 annually as may be specified in the notification.6. acting under section 4 of the u.p. sales tax act, the state government issued notification no. s.t. 911/x dated 31st march, 1956, directing that with effect from 1st april, 1956, the goods mentioned in ..... notifications nos. s.t. 911/x dated 31st march, 1956, and s.t. 776/x-900(16)-64 dated 16th february, 1965, of the u.p. sales tax act and read with section 8(2a) of the central sales tax act2. while hearing these references, a division bench of this court felt that the case of nestle's products india ltd. v .....
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