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 .....
Tag this Judgment!Court : Rajasthan
Reported in : (1974)IILLJ328Raj; 1973()WLN686
..... incitment by the six workmen, even if proved, would not amount to misconduct within the meaning of clause (s) of sunning order 34 or punishable under section 27 of industrial disputes act.29, however, i will presently consider as to what the word 'incitment' signifies. in state of bihar v. ranen nath and ors. : air1958pat259 . ..... transport service used for the carriage of passengers or goods which was declared a public utility service under sub-clause (vi) of clause (n) of section 2 of the act. obviously the employees working as body-fitters, mechanic, helper & cleaner in the central workshop are not concerned directly with the transport service of the corporation ..... of the public utility service and since the strike in question was without notice, it violated section 22 of the act. he has referred to section 2(n) defining public utility service and the rajasthan rajpatras extraordinary dated 23-10-1968 and 23-6-69. according to him transport service (other than roadways) for the carriage .....
Tag this Judgment!Court : Allahabad
Reported in : 1974CriLJ1403
..... (1) invocation before the sacred fire and (2) saptapadi, i.e. taking of seven steps by the couple jointly before the sacred fire. according to section 7 of the hindu marriage act:(1) a hindu marriage may be solemnized in accordance with the customary rites and ceremonics of either party thereto. (2) where such rites and ceremonies include the ..... performed, though the facts exist even for drawing the necessary presumption of marriage being soleminsed according to law.15. section 17 of the hindu marriage act provides:any marriage between two hindus solemnized after the commencement of this act is void if at the date of such marriage either party had a husband or wife living and the ..... provisions of sections 494 and 495 of the indian penal code (act xlv of 1860) shall apply accordingly.the facts established in the present case prove beyond reasonable doubt that ramji lal had entered into a second marriage .....
Tag this Judgment!Court : Rajasthan
Reported in : 1975CriLJ923; 1974(7)WLN495
..... the confessional statement of one accused is concerned, it may be taken into consideration against the other accused if it fulfils the conditions laid down in section 30 of the evidence act. one of the conditions is that the confession must implicate tha maker substantially to the same extent as the other accused person against whom it is ..... because he clearlv exculpates himself and inculpates ummed mai. that being so, it does not fall within the ambit of the word 'confession' as envisaged bv section 30 of the indian evidence act and it is not relevant for consideration and must be excluded. i mav here add that in balbir singh v. state of punjab : 1957crilj481 their lordships ..... will have to obev him if he wanted tn remain in the service. bhanwarlal added that he did not know whv the resolution was inserted.7. section 30 of the indian evidence act lays down that 'when_ more persons than one are being tried iointlv for the same offence, and a confession anade by one of auch persons affecting .....
Tag this Judgment!Court : Gujarat
Reported in : [1975]36STC116(Guj)
..... c.); a.i.r. 1973 s.c. 78). if therefore the meaning which could be attributed in the commercial sense to the word chemical or to the word insecticides is accepted as a safe basis, the question which would arise to be considered is whether if a consumer of the articles which are disputed in this case goes to ..... . this reference has arisen as the applicant applied to the deputy commissioner, sales tax, on 5th november, 1968, under section 52 of the bombay sales tax act, 1959 (hereinafter referred to as the 'act'), for determining the rate of tax payable on the sales of the above-named articles. the tribunal in appeal filed by the petitioner has held that ..... 4 of schedule c of the act and that, therefore, the revenue has rightly taken these articles as covered by the residuary entry 22 of the schedule e. feeling aggrieved by the decision of the tribunal, the petitioner has approached this court in this reference. 3. the articles referred to above are insecticides which are used for the .....
Tag this Judgment!Court : Gujarat
Reported in : (1975)16GLR994
..... or engaged with another in a conspiracy to commit the offence. it is not necessary for the offence of abetment that the act abetted must be committed. this is clear from explanation 2 and illustration (a) thereto, to section 108 i.p.c.in para 9 of the said judgment it is provided as follows:(9). it is only in the ..... to me section 109 of the indian penal code which provides as follows: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 ..... to murder c.b refuses to do so, a is guilty of abetting b to commit murder.explanation 2 of that section provides as under:explanation 2: to constitute the offence of abetment it is not necessary that the act abetted should be committed, or that the effect requisite to constitute the offence should be caused.mr. shah also pointed out .....
Tag this Judgment!Court : Kerala
Reported in : (1976)IILLJ371Ker
..... will not-whatever its effect under the general law put an end to the dispute before the labour court and make it functus officio under the act.5. section 18(1) of the industrial disputes act makes a settlement arrived at by agreement between the employer and the workmen otherwise than in the course of conciliation proceeding to be binding on the parties ..... , kozhikode. exhibit p2 is the order of reference of the government to the tribunal. the parties to the reference were the hindustan insecticides limited and .its workmen represented by two unions, the hindustan insecticides limited workers' union, and the hindustan insecticides employees' union. these unions are respectively respondents 2 and 3 in this petition. it appears that even prior to the order of .....
Tag this Judgment!Court : Delhi
Reported in : 1976CriLJ1908; 12(1976)DLT93
..... defenco version that the sample of hing was sold not for human consumption but for use as insecticide in agriculture.(23) in the result we set aside the acquittal of the respondent and convict him under section 7 read with section 16 of the act of 1954.(24) the next question is one of sentence. the learned counsel for the respondent ..... to the public to the person from whom it is taken. he is also enabled to take a sample to be sent to the public analyst appointed under the act. section 11 lays down the procedure to be followed by the food inspector while taking sample of food for analysis. he has to give notice in writing then and there ..... 9) he would incur penal consequences if he acts vexatiously and without reasonable grounds. even in the statement which the respondent made when examined under section 342 criminal procedure code . he did not say that he had sold the sample of hing as one not fit for human consumption but only for use as insecticide in agriculture. if this was so he would .....
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