Court : Delhi
Decided on : Oct-20-1967
Reported in : AIR1968Delhi170; [1968]38CompCas165(Delhi)
..... no shares can be alltoted to a minor, can a registrar under the act refuse to accept a return which discloses that shares have been alltoted to a minor? (3) the learned judge answered the first question against the appellant-company on the ground that under section ..... 41 of the said act a person can be a member of a company only if he agrees ..... to do so in writing and since a minor cannto enter into a contract, no alltoment can be made in favor of a minor. it was, however, nto disputed before the learned single judge ..... shares devolve upon him by operation of law, or by inheritance, or by transmission. on the second question, the learned single judge decided that regulation 17 (2) was of sufficient amplitude and entitled the registrar to decline the registration of the return. 3. .....
Tag this Judgment!Court : Chennai
Decided on : Oct-23-1967
Reported in : (1969)2MLJ324
..... law, the advocate-general submits, is that the conditions laid down under article 31 (2) must be satisfied. the learned judge kailasam, j., sums up the position in ramananda v. taluk supply officer i.l.r. (1968) mad. 679 with regard to the applicability of article 19 (1) (f) thus at page 718.if the law ..... in question was issued by the state as delegate of the central government on 28th of june, 1966, under section 3 of the essential commodities act (central act x of 1955), an act to provide, in the interests of the general public, for the control of the production, supply and distribution of, and trade and commerce in ..... and unreasonableness as regards the price. expropriatory provisions must satisfy the test of reasonableness and fairness having regard to all relevant factors. the object of the essential commodities act, 1955, is to control production, supply and distribution of, and trade and commerce in, certain commodities it aims at equitable distribution and availability at fair prices .....
Tag this Judgment!Court : Chennai
Decided on : Oct-23-1967
Reported in : (1968)2MLJ554
..... witnesses had found that necessary sanction was not obtained under the provisions of the madras panchayat act for prosecuting the petitioner and ultimately discharged the petitioner. against the order of the sub-divisional magistrate, the state filed a revision before the sessions judge, tirunelveli. the sessions judge held that the order of discharge by the sub-divisional magistrate must be deemed to be ..... as the offence alleged to have been committed was subsequent to the madras panchayats act xxxv of 1958 came into force. he further held that the sanction for prosecution should have been accorded under section 169 of the act xxxv of 1958. this order by the learned sessions judge was passed on 9th february, 1966.5. subsequently, on 28th september, 1966, the collector .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-25-1967
Reported in : AIR1969All43
..... the parliament hath resolved and appointed to cure the disease of the common-wealth, and4th. the true reason of the remedy and then the office of all the judges is always to make such construction as shall suppress the mischief, and advance the remedy, and to suppress subtle inventions and evasions for continuance of the mischief, ..... continue in force,'the 9th schedule at present has 64 entries. the explanation to the 9th schedule is:'explanation: -- any acquisition made under the rajasthan tenancy act, 1955 (rajasthan act, iii of 1955), in contravention of the second proviso to clause (1) of article 31-a shall, to the extent of the contravention, be void.'it ..... in 35 villages were determined by the impugned notification of 30th june, 1966. there has been no enforcement of the u. p. zamindari abolition and land reforms act to the government estates in these villages. the petitioners' rights, title and interest under the leases have vanished. they have not acquired any rights under the .....
Tag this Judgment!Court : Delhi
Decided on : Oct-25-1967
Reported in : 4(1968)DLT1
..... by reason of its tendency or its being calculated to interfere with the course of justice by prejudicing mankind against a party to a proceeding in court or by pre-judging the issue in such a proceeding, the alleged contemner must be shown to be aware of its pendency or of its being imminent. it seems to us to be a ..... hon'ble court, the respondents are, thereforee, guilty of contempt of the court and are liable to be punished under sections 3, 4 and 5 of the contempt of courts act, 1950 and under the inherent jurisdiction of this hon'ble court.' 2. in the writ petition (c. w. 448 of 1967) on the basis of the pendency of which ..... against shri des raj chowdhry, leader, congress party delhi municipal corporation and shri ranbir singh, chief editor,' milap daily', under sections 3, 4 and 5 of the contempt of courts act, 1950. this petition deserves to be reproduced in extenso :--'1. that shri kishori lal, a member of the congress party, in the municipal corporation of delhi, filed writ petition .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Oct-26-1967
Reported in : AIR1969AP386a
..... loss, destruction or deterioration. as rightly pointed out by the learned counsel for the appellant, the view of s. 77 taken by the learned appellate judge is wrong. section 77 of the indian railways act was considered in union of india v. m. pullappa, air 1958 andh pra 475 and it was held that loss includes loss to owner by ..... in the courts below was whether the defendants were guilty of negligence in the matter of the transport of the goods that were despatched through the railway. the learned trial judge held that no negligence was established and, therefore, the defendants were not liable. this decision was affirmed by the lower appellate court and hence this second appeal. 3. ..... of them is as laid down in s. 152. the plaintiff's case is as bailees, the standard of care required of them is as under the contract act. they acted negligently and, therefore, they are liable to pay the plaintiff the value of the goods as claimed in the plaint. of the general managers of the railways, the .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-27-1967
Reported in : AIR1969All88
..... every officer of the seniorand junior division posted or appointedto a unit or part thereof shall be entitledto such allowances as are specified inschedule ii. the learned judge who decided that case pointed out that fromthese rules read with schedule ii it appeared that a junior division officer wasentitled firstly to pay (ranging betweenrs. ..... a decisive factor. in that case the person whose election was challenged was appointed by the committee of the durgah endowment constituted under the durgah khwaja sahib act (act xxxvi of. 1955). no doubt, although the committee or the members of the committee were removable by the government of : india, the appointment of the ..... some high court or by the supreme court. the election tribunals, as they stood constituted prior to the recent amendment of the representation of the people act, were subordinate authorities and were under the superintendence of the various high courts under article 227 of the constitution. the orders by them were amenable .....
Tag this Judgment!Court : Rajasthan
Decided on : Oct-27-1967
Reported in : (1969)ILLJ382Raj
..... is difficult to say that the s.c.o.g. had prejudged the conduct of the petitioner and the proposed penalty for the alleged charges before making any inquiry into them.11. article 311 of the constitution affords a constitutional guarantee to a public servant that he shall not be dismissed or removed or demoted by ..... considered that these two circumstances are not such as are consistent with the acceptance of the money by the petitioner. it was further observed by the learned judge that:in order to find a person guilty on circumstantial evidence, the circumstance or the circumstances must be such as would irresistibly lead to an inference of ..... neglect of duty was established against the petitioner, but in the absence of any direct evidence they found it difficult to hold the petitioner guilty for positive act of deliberately undercharging the marriage party of murarilal's son especially when there was evidence to show that the petitioner had charged thirteen members of the marriage party .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-30-1967
Reported in : AIR1968SC615; [1968]2SCR117
..... which requires the acquiring company to enter into an agreement with the government also required satisfaction of the government after considering the report on the inquiry held under section 40. the amendment act 38 of 1923 now added in s. 41 the report of the collector under s. 5a, if any. these amendments show that even ..... acquisition proceedings taken thereafter were bad in law. it appears that though the amendment was disallowed, the said contention was allowed to be urged, for, the district judge has answered it in the following terms :- 'whatever language may be used in the declaration under section 6 the point that requires for consideration is whether the ..... was made to raise the contention at the time of the hearing of the appeal that the declaration under section 6 did not prove such satisfaction. the district judge, however, dismissed the application for amendment of the plaint by the 1st respondent society. the contention was sought to be raised because the notification used the .....
Tag this Judgment!Court : Delhi
Decided on : Oct-30-1967
Reported in : AIR1968Delhi162; 4(1968)DLT458
..... or proceeding.(ii) that suit or proceeding must relate to any claim to composite property.(iii) the competent officer must be empowered by or under this act to decide such claimunless all these three conditions are cumulatively satisfied, section 20(1) will have no application and the jurisdiction of the civil court will nto ..... , on appeal. it is against these orders, the present civil revision petition has been filed under section 115, code of civil procedure.(3) section 2(b) of the evacuee interest (separation) act, 1951 (hereinafter referred to as the act), defines the word 'claim' as follows:-'claim ..... that act barred the jurisdiction of civil courts in respect of the suits like the present one. the trial court accepted the plea of the custodian and directed the return of the plaint for presentation to the proper authority and this decision of the trial court was affirmed by as an additional senior subordinate judge, delhi .....
Tag this Judgment!