Court : Chennai
Reported in : 1972CriLJ287; (1971)IIMLJ424
..... made by the petitioners for removing the cut sugarcane plants, the shrubs, for irrigating water, for raising cotton for planting plantains, for manuring these items, for purchasing insecticides and so on, are found in these accounts for the year commencing from 2nd february 1970. the last column contains remarks about the presence and absence of the nannaval ..... . the result is that all these lands are now registered in the record of rights as the lands under the self cultivation of the petitioners. under section 13 of the act, an entry in the approved record of tenancy rights shall be presumed to be true and correct until the contrary is proved or a new entry is ..... agent or a servant which is permissive, cannot give him a locus standi as against his principal or master. the possession that can be pleaded in a proceeding under section 145. criminal procedure code must be possession based on a claim of right to possession; vide baji rao v. mt. dadibai air 1926 nag 286. as pointed out in .....
Tag this Judgment!Court : Rajasthan
Reported in : (1973)ILLJ538Raj; 1972()WLN548
..... of the inquiry committee, which were accepted by the works manager, were prima fade correct and justified on the evidence, the tribunal had no reason to interfere under section 33 of the act... ... ....all that the tribunal has to see is whether the findings arrived at are prima facie reasonable or baseless and perverse. if they appear to be obviously ..... ., lid. and anr. v. their workmen 1958- i l.lj. 260 : a.i r. 1958 s.c. 130, apply to all cases covered by section 33(2)(b) of the industrial disputes act. he argued that in the case before us there was want of good faith and victimisation and unfair labour practice and it was on these three grounds ..... has reason to believe that the management is guilty of victimisation or has been guilty of unfair labour practice or is acting mala fide. to illustrate the scope of the labour court under section 33(2)(b) of the industrial disputes act, the learned counsel relied on a number of decisions, namely, (1) new victoria mills company ltd. kanpur v. .....
Tag this Judgment!Court : Mumbai
Reported in : 1974CriLJ413; 1973MhLJ662
..... 600 grams of phenyle, 24 bottles of hydrochloric acid each containing 6.50 kgs., 24 bottles of acetic acid each containing 4 kgs., 2 kgs. of petroleum jelly and insecticide powder, 10% bhc 72 packets each of 100 gms. possession of these articles by the concern in excess of the quantity permitted under the schedule 'm' without licence was ..... it shall have to be held, in this case that the accused was 'keeping' these articles within the meaning of sub-clause (ii) of sub-section (1)(a) of section 394 of the act and accused no. 1 shall have to be held to have contravened the provisions thereof in view of his having kept the same without obtaining the required ..... there is no evidence of the accused having stored these articles permanently or for any length of time, as the word 'keep' in clause (a) of sub-section (1) of section 394 cannot be interpreted even to cover the retention of the articles by the persons for a purely temporary period and purpose such as for converting into small packages .....
Tag this Judgment!Court : Karnataka
Reported in : 1973CriLJ1049
..... may probably occasion a breach or disturb the public tranquillity. it is also clear that, it is the individual who is contemplated in this section and it is the individual act that must be brought home. the only case in which a person can be punished for the wrongs done by others is, where he (or body ..... pursuance of their common object. a mere omnibus statement to that effect that the petitioners had committed various acts is not sufficient to take action against them under section 107 of the criminal procedure code. in fact, as stated earlier those acts themselves have not led to any breach of peace or are likely to occasion breach of peace or disturb ..... m c.c. no. 111/72;likewise the above respondents are apt to commit any act which occasion breach-of peace or disturb the public tranquillity.in view of the above the undersigned' has got sufficient grounds to believe that an offence under section 107, cr.pc is imminent in hirebannimatti village (hadagalli taluk). hence the respondents 1 ta .....
Tag this Judgment!Court : Kerala
Reported in : AIR1973Ker114
..... accessories, bamboos, bamboo mats, coconut piles, country boats, water-proofing long grass and certain other articles on the bunds and furniture, lockers, agricultural implements, manure, insecticides, power sprayers and other articles in the buildings and sheds. the learned government pleader submitted that the government had no objection to the petitioners being allowed to take the ..... case and which was to be valid till 1973 was cancelled long before the expiry of the period fixed in the licence relying upon section 43 of the bengal excise act which provided that the person who granted the licence if he considered that the licence should be withdrawn could do it either on the ..... such review that government shall decide whether the order should be continued or cancelled.' 12. in sadhu singh v. delhi administration, (1966) 1 scr 243 = (air 1968 sc 91), the supreme court held tint both the initial order of detention passed under rule 30 (1) (b) and the subsequent order of review passed under .....
Tag this Judgment!Court : Kerala
Reported in : [1973]32STC42(Ker)
..... decisions, if we examine the goods before us, viz., cultivation implements, like garden implements, irrigation equipments, etc. and crop protection materials like fertilisers, insecticides etc., it will be apparent that these might be required in 'one of the processes in the composite activity' but will not be directly connected ..... bags, sheeting and ropes, seeds (tea and shade), mechanical saws, winches, etc., soil fumigants, chemicals, etc., for cultivation.(2) crop protection : fertilisers, manures, insecticides, fungicides, acaricides, weedkillers, treekillers, dusters, sprayers, blowers and chemicals, respirators and eye shields, etc., for use in tea cultivation for crop protection.2. before considering the ..... question, the relevant provisions of the central sales tax act and the rules may be noted. section 8(1) of the act reads :8. rates of tax on sales in the course of inter-state trade or commerce.-(1) every dealer, .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1973SC1091; 1973CriLJ846; (1973)1SCC659; [1973]3SCR533
..... 19(2) it must similarly be construed narrowly so that the fundamental freedom of speech and expression is not unduly restricted. the operation of section 9 of the act, it was submitted, should be limited only to such matters as involve incitement to violence or intention or tendency to create public disorder or ..... the appellant presented criminal miscellaneous petition no. 32 of 1973 seeking permission to urge additional grounds. in that application the constitutional validity of section 9 of the act was questioned. the said section, according to the averment in that petition, infringes the fundamental right of speech guaranteed under article 19(1)(a) of the constrution. ..... 2. it is alleged by the prosecution that the appellant had addressed a public meeting of the employees of the defence department on october 9, 1968 .....
Tag this Judgment!Court : Chennai
Reported in : AIR1973Mad432; (1973)1MLJ459
..... sevak has stated that the plaintiff is having direct cultivation of the nanja lands and that he has not sublet the same and that mariappan used to spray the insecticide solution and the plaintiff used to demarcate the line for planting. he also says that the plaintiff would also assist the laborers in lifting bundles and his wife used ..... a cultivating tenant grants a sublease of a part of what has been demised to him, he would be liable for eviction under the provisions of section 3 (2)(b) read with section 4 of the act. in narayana padayachi v. sundaralingam : (1966)2mlj577 veeraswami j. (as he then was) held that the expression 'altogether ceased to cultivate the lands' ..... enables a person dispossessed of immovable property otherwise than in due course of law to recover possession thereof. dealing with the scope of the corresponding provision in section 9 of the old act it has been held by a bench of this court in b. venkayya v. k. sateyya, ilr 37 mad 281 air 1914 mad 296 that the .....
Tag this Judgment!Court : Kerala
Reported in : [1973]32STC392(Ker)
..... we have to see whether inextricable link between the import and sale has been established.13. here there is an import licence in favour of m/s. hindustan insecticides limited, that import licence was referred to in the agreement for sale entered into by the assessee with consumer company, that licence was referred to in the contract ..... customers. from a specimen contract of supply produced by the appellant's agent, viz., the one in respect of supply of 72 tons of microcele to messrs. hindustan insecticides limited, udyogamandal p.o., kerala state, it is seen that the purchaser places orders with the appellant quoting the import licence number, quantity of goods, rate, etc., ..... 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.9. their lordships laid emphasis in that case to the movement, of the goods from the foreign country as .....
Tag this Judgment!Court : Orissa
Reported in : 39(1973)CLT1221; 1974CriLJ217
..... /109, i.p.c. against p.w. 1, s. c. bebarta. hence cognizance under sections 409/109, i.p.c. is taken against him.section 109, i.p.c. runs thus:section 109. whoever abets any offence shall, if the act abetted is committed in consequence of the abetment, and no express provision is made by this code for the punishment of such abetment ..... punishment provided for the offence.abetment is defined in section 107, i.p.c.:section 107. a person abets the doing of a thing, who-first- instigates any person to do that thins; orsecondly- engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of .....
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