Court : Orissa
Reported in : 38(1972)CLT1160; 1973CriLJ738
..... next contention of mrs. padhi is with, reference to the addition of the third party. she contends that the decision of this court in the case of muralidhar v. chaturbhuja (1968) 34 cut-lt 655, that by implication of a third party in the proceeding, two independent proceedings have been clubbed together, does not arise for consideration. we do not propose ..... (1) the learned magistrate's final order is not in accordance with the provisions of section 145(6) of the code; (2) the preliminary order was made on 26.7.1968. when the 3rd party was added on 14.1.1969, no fresh preliminary order was drawn up and the learned magistrate added a party without expressing clearly that he was ..... proceeding under section 145 of the code of criminal procedure.2. the preliminary order under sub-section (1) of section 145 of the code was drawn up on 26.7.1968. the disputed property with an area of 3 acres appertains to plot numbers 1000 and 1000/ 1889. on 14.1.1969, a third party laid claim and on his own .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1973SC69; 1974LabIC240; (1972)2SCC862; [1973]1SCR945
..... an existing state to a successor state. with regard to powers of the state section 115(7) of the act provides that after the appointed day (1 november, 1956) nothing shall effect the operation of the provisions of chapter i of part xiv of the constitution in relation to the determination of the conditions of service of persons serving ..... principles, the invitation of representations by the persons affected thereby, the consideration of re-presentations and the publication of the final gradation list incorporating the decision upon the representations. the act also empowers the central government to establish advisory committees for the purpose of assisting the central government. in p. k. roy : (1970)illj633sc case (supra) the ruling ..... m.h. ray, j.1. these four appeals are by certificate from the common judgment dated 23 february, 1968 of the andhra pradesh high court.2. the subject matter of these appeals relates to the equation of posts and integration of services of officers of the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1973SC1150; (1973)2SCC337; [1973]1SCR973
..... writ petitions filed by the appellants. this court in udai ram sharma and ors etc. v. union of india and ors : [1968]3scr41 upheld the validity of the acquisition amending act of 1967. on march 26, 1968 the high court dismissed the writ petition of the appellants. in view of the judgment of this court the high court repelled the ..... contentions of the appellants impugning the validity of the acquisition amendment act 1967. another point which was agitated before the high court ..... notification to the extent it is material is as follows :-in pursuance of the provisions of under (?) sub-section (1) of section 4 of the land acquisition act, 1894 (act no. 1 of 1894), the governor of u.p. is pleased to notify for general information that the land mentioned in the schedule is likely to be needed .....
Tag this Judgment!Court : Karnataka
Reported in : [1973]91ITR841(KAR); [1973]91ITR841(Karn)
..... the tax payable as well as the rebate to be given on the exempted income. 20. section 84 was debated by the finance act of 1967 and substituted by section 80j with effect from april 1, 1968. in section 80j, the legislature has expressly provided for deduction of six per cent. on the capital employed in the newly established ..... in respect of the previous year relevant to the assessment year commencing on or after 1st april, 1967, and not before. by section 80j introduced into the act by the finance act, 1967, the legislature has given important concessions not available earlier with regard to the 'tax holiday' by allowing deduction of the amount of six per cent. ..... the assessee's total income. exemption under section 84 belongs to the second category. the said section was found in chapter vii of the act. section 66 expressly provides that sums exempted from tax under the provisions of chapter vii should be included in the assessee's total income. 18. section 70 to 80 provide for set-off of .....
Tag this Judgment!Court : Gujarat
Reported in : (1973)14GLR237
..... preparation which contains more than 0.2 per cent, of morphine, was 'opium' within the meaning of section 2(30) of the act, without proof of anything more.6. section 17 of the act, which falls in chapter iii dealing with 'prohibitions', is material for our purposes. it reads:no person shall:(a) possess opium;(b) transport opium;(c) import ..... ) wherein the question involved was regarding 'charas'. he also relied upon the decision of n. g. shelat, j. in criminal appeal no. 312 of 1966, decided on 5th april, 1968; (rahimbhai kalubhai v. state) and the decision of s.h. sheth, j., in criminal appeal no. 211 of 1970, decided on 15-11-1971, (mahyuddin v. state) wherein ..... that is prohibited and it is that opium (i.e. opium in the forms referred to the section 2(30)) that is prohibited under the provisions of this act.7. section 66-a of the act, which falls in chapter vii, dealing with 'offences and penalties', in material for our purposes. it reads:whoever, in contravention of the provisions of this .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1973CriLJ1351
..... asst. collector of central excise, that the total income of the respondent from his known sources of income during the period from 17-2-1944 to 8-4-1968 when his residence at rajahmun-dry was searched is rs. 2,86.619 that after deducting maintenance expenditure during this period for his family etc. the respondent was ..... the scheduled offences, which are criminal in nature and about which the cognizance of the offence has been taken in a criminal court constituted, under the criminal law amendment act, 1952- the other aspect viz., in investigating the objections to the attachment the powers under the c. p- c. are specially conferred upon the district judge ..... criminal court constituted under the code and the high court has no power to stav the proceedings before such tribunal- the learned' judge examined the scope of the act. i960' and the code of criminal procedure and observed as follows:the code of criminal procedure is-concerned with regulating the procedure-to be followed in criminal .....
Tag this Judgment!Court : Chennai
Reported in : (1973)2MLJ126
..... v. union of india and ors. : [1970]1scr479 . that decision among others dealt with the constitutional validity of section 88 of the gold (control) act, 1968 and with reference to that section, the supreme court observed:this section extends the scope of the vicarious liability of the dealer and makes him responsible for the ..... provides for the application of the industrial employment (standing orders) act, 1946 and the maternity benefit act, 1961 to the industrial premises, on section 38 which applied chapter iv and section 85 of the factories act and on section 39 which applies the provisions of the industrial disputes act, 1947 to the industrial premises. once the definition of ..... be omitted; and(b) sections 8 and 10 shall be omitted.section 38 states that chapter iv and section 85 of the factories act, 1,948, shall apply to an industrial premises and the rest of the provisions of that act shall not apply to any industrial premises. section 39 (1) states that the provisions of .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1973SC171; (1973)1SCC37; [1973]2SCR172
..... of renewal for a further term of five years. 5. the appellant filed an ejectment application on 23 july, 1964 against the respondent deshpande under chapter vii of the 1882 act in the court of small causes at bombay. a summons was issued to deshpande. the summons was returnable on 22 august, 1964 calling upon him ..... take notice of subsequent events. an application was filed for relying upon certain documents for that purpose. the respondent's contention was that on 19 november, 1968 the respondent surrendered possession to the original landlord ashar and others and thereafter the original landlords created a new and independent tenancy in favour of the respondent. it ..... . the departmental stores failed to deposit the amount. the notice was discharged and the ex-parte decree was valid and operative on and after 7 november, 1968. most of the occupants in the lease property surrendered possession in pursuance of the warrant of possession. it is in this context of events that the respondent .....
Tag this Judgment!Court : Orissa
Reported in : (1973)ILLJ557Ori
..... force of law as to be binding on industrial tribunal adjudicating an industrial dispute. the jurisdiction which is granted to industrial tribunal by the industrial disputes act is not the jurisdiction of merely administering the existing laws and enforcing existing contracts. industrial tribunals have the right even to vary contracts of service ..... bearing upon the standing orders of an industrial establishment, and to adjudicate upon the same, has in any manner been abridged or taken away, by the standing orders act.dealing with the self-same question in the case of co-operative central bank limited and ors. v. additional industrial tribunal, andhra pradesh and ors. : ( ..... the bangalore woollen, cotton and silk mills co. ltd. v. workmen and anr. : (1968)illj555sc ,' it has been indicated thus:.but there is no warrant, in our opinion, for holding that merely because the standing orders act is a self contained statute, with regard to the matters mentioned therein, the jurisdiction of the .....
Tag this Judgment!Court : Gujarat
Reported in : (1973)14GLR384
..... and desperate man and you are engaged in committing offences such as extortion of money by force and criminal assault which are punishable under chapters xvi and xvii of the indian penal code and such acts of yours have engendered a feeling of apprehension and fear amongst the residents of rajkot city and this type of activity of yours is ..... -judicial power and an administrative power. it is clear from the decision of the supreme court in jaswant sugar mills ltd. v. lakshmi chand and ors. a.i.r. 1968 s.c. 677 as also from the full bench decision in testeels ltd. v. n.m. desai, (supra) that a quasi-judicial decision involves the following three elements:(1 ..... reasonable grounds for believing that such person is engaged or is about to be engaged in the commission of an offence involving force or violence or an offence punishable under chapters xii, xvi or xvii of the indian penal code or in the abetment of any such offence and secondly, in the opinion of the externing authority, witnesses should .....
Tag this Judgment!