Judgment Search Results Home > Cases Phrase: judges inquiry act 1968 preamble 1 judges inquiry act 1968 Year: 1973 Page 1 of about 1,185 results (0.775 seconds)

Kesavananda Bharati Sripadagalvaru and ors.Vs. State of Kerala and anr ...

Court : Supreme Court of India

Reported in : AIR1973SC1461; (1973)4SCC225; [1973]SuppSCR1

..... under article 368 to delegate its functions of amending the constitution to either the state legislatures or to its ordinary legislative capacity. but i will refer to this aspect in greater detail later when i refer to the case in re the initiative and referendum act.266. in canada some of the judges have implied that freedom of speech and freedom of the press cannot be abrogated by parliament or provincial legislatures from the words in the preamble to the canadian constitution i.e. "with a constitution similar in principle to that of the united kingdom." some of these observations are:although it is not necessary, of course, to determine ..... be eroded. such an erosion is contrary to the clear intention of the constitution.601. mohamed samsudden kariapper v. s.s. wijesinha and anr. [1968] appeal cases 717 has been cited on behalf of the state of kerala for the proposition that judicial power could, by an amendment of our constitution, be transferred to the legislature thus negativing the principle of implied limitation. in that case a report had been made under the commission of inquiry act about certain allegations of bribery having been proved against some members of the parliament of whom the appellant was one. under a certain .....

The Charity Commissioner Vs. Shri Vishram Bharati Goswami

Court : Mumbai

Reported in : (1974)76BOMLR475

..... position to discriminate between one party and the other.39. it would thus appear that it could not be said that there are no guidelines in the act for the state government to exercise its powers under section 8(2) of the act. as i have endeavoured to show, the very preamble to the act, and the nature and the functions of the duties to be performed by the charity commissioner, having regard to the large number of trusts in the state and because of the heavy workload depending ..... .20. my attention is drawn to the decision of the supreme court reported in indramani v. w.b. natu a.i.r. [1968] s.c. 274, 65 bomlr 378. in that case the validity of a notification issued by the forward markets commission--a statutory body created by the forward markets regulation act, 1952--to the authorities of the best india cotton association, bombay intimating to them that the continuation of trading in certain ..... judge of the city civil court. section 70a is to this effect:70a.(1) the charity commissioner may, in any of the cases mentioned in section 70, (either suo motu or on application) call for and examine the record and proceedings of such case before any deputy or assistant charity commissioner for the purpose of satisfying himself as to the correctness of any finding or order recorded or passed by the deputy or assistant charity commissioner and may either annul, reverse, modify or confirm the said finding or order or may direct the deputy or assistant charity commissioner to make further inquiry .....

The Union of India (Uoi) Vs. A.K. Mathiborwala

Court : Mumbai

Reported in : (1974)76BOMLR659

..... for supply of goods would not be even considered on merits by the government and quasi-government agencies, and, therefore, it violates the principles of equality of opportunity enshrined in the preamble to the constitution and embodied in article 14 of the constitution.23. as regards the andhra pradesh case of bam singh, mr. justice chinnappa reddy dealing with the impugned ..... t the protection against discrimination afforded by article 14 extends to executive action but observed as follows (p. 318):.i do not think that principles of natural justice can be extended to situations like this where investigation and inquiry has necessarily to be confidential and where no vested rights of the petitioner are affected.we are, with respect, unable to ..... been blacklisted for an indefinite period by the d.g.s. & d. the respondents through their advocate served notice dated june 10, 1968 and filed the present petition on february 13, 1969 for quashing the impugned order (blacklisting them as partners of the said firm), as contravening principles of natural justice ..... act justly and fairly and not arbitrarily or capriciously. the procedures which are considered inherent in the exercise of a judicial power are merely those which facilitate if not ensure a just and fair decision. in recent years the concept of quasi-judicial power has been undergoing a radical change. what was considered as an administrative power some years back is now being considered as a quasi-judicial power.the learned judge .....

Committee for Public Education Vs. Nyquist

Court : US Supreme Court

..... s. 683 (emphasis supplied). it may assist in providing a historical perspective to recall that the argument here is not a new one. the preamble to patrick henry's bill establishing a provision for teachers of the christian religion, which would have required virginians to pay taxes to support ..... essentially religious exercises designed at least in part to achieve religious aims. . . ." id. at 374 u. s. 288 . a similar inquiry governs here: if the grants are offered as an incentive to parents to send their children to sectarian schools by making unrestricted cash payments to them, the ..... a "primary effect that advances religion," and offends the constitutional prohibition against laws "respecting an establishment of religion." we therefore affirm the three-judge court's holding as to 1 and 2, and reverse as to 3, 4, and 5. it is so ordered. * together with no. 72-753, anderson v. committee ..... u. s. 775 primarily they rely on everson v. board of education, supra; board of education v. allen, 392 u. s. 236 (1968); and tilton v. richardson, supra. in each of those cases, it is true that the court approved a form of financial assistance which conferred undeniable ..... form of tax benefit is constitutionally acceptable under the "neutrality" test in walz. [ footnote 50 ] appellants conceded that, "should the court decide that section 2 of the act does not violate the establishment clause, we are unable to see how it could hold otherwise in respect to sections 3, 4 and 5." brief for appellants 423 .....

Yeshbai and anr. Vs. Ganpat Irappa Jangam and anr.

Court : Mumbai

Reported in : AIR1975Bom20; (1974)76BOMLR278

Shah, J.1. This reference raises an important question as to the meaning of the word 'dispute' in Section 12(3)(a) of the Bombay Rents. Hotel and Lodging House Rates Control Act, 1947 (Act LVII of 1947). The Special Civil Application No.2353 of 1968 was originally heard by a single Judge who referred it to a Division Bench for its views' on the following point:'whether the dispute as contemplated under section 12(3)(a) must be a bona fide dispute in order to claim benefit under Section 12(3)(a).'2. Since a pure question of law, and not the entire petition, has been referred, it is unnecessary to consider the case on facts. However, with a view to understand the question that has been referred, we will briefly set out the facts giving rise to this petition.3. Since prior to 1958, one Aher was a tenant of the open plot of land in dispute at the rent of Rs.12/- per month. He put up a flour mill. On February 14, 1958, by a deed of assignment, he had assigned his tenancy rights together wit...

Narayan Bhondeo Pimputkar and anr. Vs. Laxman Purshottam Pimputkar and ...

Court : Supreme Court of India

Reported in : AIR1974SC111; (1974)1SCC11; [1974]2SCR116

Khanna, J.1. Whether the decree for the possession of the land in dispute awarded in favour of Laxman Purshottam Pimputkar respondent No. 1 (hereinafter described as the respondent) has become inexecutable after the coming into force of the Gujarat Patel Watans Abolition Act, 1961 (Gujarat Act 48 of 1961) (hereinafter referred to as the Act) is the short question which arises for determination in this appeal brought by special leave against the judgment of the Gujarat High Court.2. The appellants and the respondent belong to one family. The respondent represents the seniormost branch of the family. The family was granted Patilki Watan in a number of villages, including Solsumbha, in district Thana. The watan land situated in Solsumbha is the subject matter of the present dispute. Under the Bombay Hereditary Offices Act, 1874 the person who actually performs the duty of a hereditary office for the time being is called an officiator. Purshottam, father of the respondent, was the officiat...

The Commissioner of Sales Tax, Madhya Pradesh Vs. H.M. Esufali,

Court : Supreme Court of India

Reported in : AIR1973SC2266; [1973]90ITR271(SC); (1973)2SCC137; [1973]3SCR1005; [1973]32STC77(SC)

K.S. Hegde, J.1. These appeals by special leave arise from the decision of the High Court of Madhya Pradesh in a consolidated Reference under Section 44 of the Madhya Pradesh General Sales Tax Act, 1958 (to be hereinafter referred to as the 'State Act'). That reference was made by the Board of Revenue. Gwalior, partly at the instance of the assessee end partly at the instance of the Commissioner of Sales Tax. Madhya Pradesh. Four questions of law were referred to the High Court for its decision. They are:(1) Whether en the facts and circumstances of the case the revised assessment enhancing the taxable turnover under the State law by Rs. 2,50,000/-and the taxable turnover under the Central law by Rs. 1,00,000/- on the basis of the undisputed escape In the amount of Rs. 31,171,28 by adopting the said amount of escaped turnover as the measure for determining the quantum of enhancement for the whole year was Illegal, unjustified or excessive.(2) Whether a best judgment assessment could at...

H.N. Malak Vs. Aziz S. Yusuf

Court : Mumbai

Reported in : [1974]94ITR276(Bom); 1973MhLJ443

Dharmadhikari, J.1. This is a revision application filed by the original plaintiff against an order passed by the Civil Judge, Senior Division, Nagpur, in Civil Suit No. 97 of 1966, rejecting his application dated August 5, 1968, objecting to issuance of summons to the income-tax and estate authorities at the instance of the defendant. 2. The applicant plaintiff filed a suit for ejectment and possession of the suit premises as well as the arrears of rent and mesne profits against the defendant. The defendant raised a plea that, though he is the tenant of the suit premises, the plaintiff is not entitled to file the proceedings or recover the rent from him, because the property in question belongs to the trust and the plaintiff is merely a trustee and cannot claim the rent or the property in his individual capacity. The plaintiff adduced his evidence and the defendant had also examined himself and thereafter applied for issuing summons to the income-tax authority as well as estate duty a...

Hari Chaku Vs. Mamlatdar Lalpur and ors.

Court : Gujarat

Reported in : AIR1973Guj233; (1974)GLR64

J.B. Mehta, J.1. The petitioner who is a registered voter in the village Khad--Khambhalia challenges in this petitioner the notification issued on September Gujarat Panchayat Act. 1961. hereinafter referred to as 'the Act' by the competent authority dividing this Gram into three election wards and district three seats to each ward. The Khad--Khambhalia Gram Panchayat originally consisted of four village-- Khad--Khambhalia. Nava Dhunia Khatia and Rakka. From the inception of the Group Gram Panchayat in 1952. election was always uncontested and its 11 seats at that time had been divided as under: Khad--Khambhalia --6 Khatia -- 2 Nava Dhunia --1 Rakka --2.Thus, as against 6 seats for Khad--Khambhalia. Nava Dhunia had only one seat for all these 18 to 20 years,. The old Gram Panchayat had passed unanimous resolution to have separate Panchayat for all the four villages. However, the State Government under Section 9 of the Act gave separate Panchayat by constituting only Khatia Rakka as new ...

Girdhari Lal and ors. Vs. Gaja Nand and ors.

Court : Delhi

Reported in : ILR1974Delhi864

S. Rangarajan, J. (1) The above appeal has been preferred by defendants 5 to 7 (hereinafter called the appellants). This judgment will also dispose of R.F.A. (O.S.) 19 of 1973 which has been filed by defendants 2 to 4. (2) The facts of the case and the events leading to the present appeals have to be briefly stated. The first defendant (who is the brother of Bhairon Prasad) died in 1968. Bhairon Prasad had a son Sardar Mal; both of them died in the year 1942. Gindori Devi (defendant No. 9) is the widow of Sardar Mal. Gaja Nand (first plaintiff) and Girdhari Lal (defendant No. 5) are the sons of Sardar Mal. Defendants 6 to 8 are the sons of defendant 5; plaintiffs 2 to 4 are the sons of the first plaintiff. The second defendant is the son of the first defendant and defendants 3 and 4 are the sons of the second defendant. (3) Gaja Nand and his sons (plaintiffs I to 4) filed on 18-3-1952, a suit for partition and rendition of accounts of certain immovable properties and businesses which w...