Court : Supreme Court of India
Decided on : Nov-16-1967
Reported in : AIR1968SC870; (1968)0GLR634; [1968]2SCR267
..... the high court has painstakingly analysed the provisions already. we shall refer in passim to what is material to the discussion. acquisition of land under the act ordinarily begins with a preliminary inquiry. government notifies first under s. 4 that 'land in any locality is needed or is likely to be needed' for a public purpose. public notices ..... of 'arable' as capable of being ploughed; fit for tillage; opposed to pasture-land or wood land and gives the root as arablis in latin. the learned judges have unfortunately not given sufficient attention to the kinds of land and the contrast mentioned with the meaning. waste-land comes from the latin vastitas or vastus (empty, ..... the words in parenthesis (if any) in relation to the first sub-section continue to have the same force and no other, as they had previously. the learned judges of the high court of bombay did not give sufficient consideration to the fact that the opening words 'in every case under either of the preceding sub-sections' do .....
Tag this Judgment!Court : Mumbai
Decided on : Nov-17-1967
Reported in : AIR1969Bom77; (1968)70BOMLR517; ILR1969Bom297; 1968MhLJ441
..... name dada and two wives chandrabhagabai and bhimabai. pandurang being lunatic, proceedings appear to have been taken under the lunacy act and the manager was appointed in respect of property of pandurang. while the case was before the district judge, the property belonging to the joint family was partitioned and the son, dada, received half share in the property. ..... the view that the case was governed by section 3(2) of the hindu women's rights to property act, 1937, and therefore, confirmed the dismissal of santosh's suit in the trial court. the learned judge expressly left open the question whether the trial court was right in holding that the son acquired half share in the property ..... to the division bench for answers to the question framed by the learned judge.8. the provision of law required to be interpreted is provision of section 3 of the hindu women's rights to property act i.e. act no. xviii of 1937, as amended by central act no. xl of 1938. section 3, as amended, is as follows:'3 .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-20-1967
Reported in : AIR1968SC707; 1968(16)BLJR734; 1968CriLJ665; 1968MhLJ520(SC); [1968]2SCR287
..... proper appraisal of the evidence which he found to be unsatisfactory. looking to all the circumstances that have been brought to our notice, we are satisfied that the sessions judge acted within his rights in deciding the case which to us appears also to be somewhat doubtful in many respects and the high court was therefore in error in taking upon ..... admitted before us that all the cases had in fact ended in favour of the appellant's sister. 4. the occurrence is stated to have taken place when an inquiry into a case under s. 107 of the code of criminal procedure was taking place. a notice had been issued to kuldip singh's party to show cause why ..... appellant as the assailant, describing the weapon of attack as a revolver. kuldip died and the case was started against the appellant as stated already. 6. the learned sessions judge on an appraisal of the evidence found it unsatisfactory. he began by stating that the medical evidence as also the evidence of the ballistic expert (p.w. 17) clearly .....
Tag this Judgment!Court : Karnataka
Decided on : Nov-21-1967
Reported in : AIR1969Kant200; AIR1969Mys200; (1968)1MysLJ234
..... duty of the court to assess the standard rent. that standard rent was assessed finally only on august 4, 1959 when the district judge rendered his decision in appeal.7. section 7 of the act prohibited the landlord from recovering any rent from the tenant in excess of the standard rent and so, when the tenant disputed his liability ..... the court of first instance negatived that plea and recorded a finding that the suit was within time. but in the appeal preferred by the tenants, the district judge dismissed the plaintiff's suit with respect to these two years upholding the plea of limitation advanced by the defendant.3. the plaintiffs appeal.4. it is undisputed that ..... provisions of the madras rent recovery act interpreted by the privy council. in my opinion, the whole of the rent claimed by the plaintiffs did not become due until the decision was finally rendered by the district judge in appeal on august 4, 1959. that being so, the view taken by the district judge that any part of the arrears .....
Tag this Judgment!Court : Kerala
Decided on : Nov-21-1967
Reported in : [1969]72ITR664(Ker)
..... property among its members. if a claim is raised at the time of making an assessment that a partition has been effected, the income-tax officer must make an inquiry after notice to all the members of the family and make an order that the family property has been partitioned in definite portions, if he is satisfied in that behalf ..... words as they stand and which confines the process of interpretation to the determination of the grammatical or literal meaning of the text must necessarily restrict the opportunity of the judge to apply the theory underlying the rules in heydon's case, the notion that the function of the court is simply to construe the words as they stand, together ..... of the commonwealth. (4) the true reason of the remedy.' 57. the theory that the aim of the judges should always be to ' add force and life to the cure and remedy according to the true intent of the makers of the act' was fully accepted by the older writers. blackstone (6 black-stone 1 comm. 61) said that:' the most .....
Tag this Judgment!Court : Mumbai
Decided on : Nov-21-1967
Reported in : AIR1968Bom443; (1968)70BOMLR219; 1968MhLJ510
..... raja shankar who had signed the acknowledgment, was either a partner or a manager of the business in charge of it at the time of service, he must make inquiries and make a further affidavit before i hold the service to be sufficient. no such affidavit has, however, been made. in fact, neither of the parties is able ..... notice filing of award, he could have dismissed the petition as premature in which case the petitioners could have waived or accepted service and repeated their petition. the learned judge, however, decided the petition not on the actual position as to whether there was or was not a good service, but on the assumption of correctness of the ..... me mr. jhunjhunwala for the respondents that the provisions of order 30, rules 3 and 5, are not applicable to notices under section 14(2) of the arbitration act. there is, however, no substance in this argument in view of the fact that section 141 of the code of civil procedure makes the provisions of civil procedure code applicable to .....
Tag this Judgment!Court : Delhi
Decided on : Nov-21-1967
Reported in : 3(1967)DLT704
..... below. result is that their lordships are invited to decide the matter without the assistance of.any observations bearing on it in the judgments of the learned judges of the supreme court; and such allusions as are made to it in some of the judgments in the court of appeal of manitoba certainly do nto ..... should, as as general, permit amendments whith maybe necessary for determirimgtherealiquestion 'in controversy-between, the. parties. power of allowing amendment of -pleadings in the proceedings 'under the act 'has .also-been direc.tly recognised by a bench of this court in mst. sardar begum v. jagdish chand bhandan, but this power, it must nto be forgtoten, ..... unless the respondent 1s buth an owner and a landlord, according to shri safeer's submission, he cannto initiate proceedings for eviction under section 14(8) of the act. if exhibit p. 6 is ruled out as inadmissible then there is no reliable documentary evidence proving the respondent's ownership, argues shri safeer. (11) this .....
Tag this Judgment!Court : Karnataka
Decided on : Nov-21-1967
Reported in : (1969)IILLJ14Kant; (1968)1MysLJ113
..... . rule 9 of the vigilance rules runs thus : 'provision in respect of certain matters. - (1) anything done or any action taken (including investigations conducted, inquiries made, orders appointing the inquiring officer or authority issued, or proceedings taken) under rule 14a of the mysore civil services (classification control and appeal) rules, 1967, before ..... is that even if the chief justice had the power to dismiss, he was not in exercise of that power, competent to delegate to another judge the enquiry into the charges but should have made the enquiry himself. this contention proceeds on a misapprehension of the nature of the power. as ..... enumerated in the said notification. generally speaking, they undertake enquiries or investigations regarding the conduct of public servants, who are suspected or alleged to have acted for improper purposes or in a corrupt manner. before the constitution of the vigilance commission, similar powers and function were being exercised and performed by the .....
Tag this Judgment!Court : Allahabad
Decided on : Nov-21-1967
Reported in : 1969CriLJ73
..... 18 other persons while the proceeding which was started against yunus was against yunus and five other persons. daring the course of those proceedings on the 29th march 1968, an application was moved on behalf of najeebullah to add 16 parsons more in the party of yunus and to proceed against those additional persona also under sections ..... by the learned additional district magistrate.the report of the circle inspector, the substance of which has already been reproduced by me undoubtedly failed to specify any overt act on the part of sixteen persona in question. it is rather vague. the opinion of the circle officer that the number of persons in the patty of yunus ..... of the code of criminal procedure and the notice issued to the opposite party appears to have force. section 112, criminal p.c. enjoins that when a magistrate acting under section 107, section 108, section 109 or section 110 deems it necessary to require any person to show cause under such section, he shall make an order .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-22-1967
Reported in : [1968]2SCR366
..... the case in favour of the municipality and a limitation on the right of the government to assess under s. 8 of the bombay city land revenue act arose. a majority of the judges of this court held that the government was not, under the circumstances of the case, entitled to assess land revenue on the land in question, ..... attention to the observations made by patanjali sastri j., in collector of bombay v. municipal corporation of the city of bombay and others : [1952]1scr43 . the learned judge observed that equity cannot be enforced so as to violate an express statutory provision, and he was therefore unable to share the view expressed by jenkins c.j. in the ..... carried out, however, amoral that claim may appear to be according to counsel the government is the sole judge of the validity of its actions in matters relating to import and export policy, and the citizens who have acted on the representations of the government have only such rights as the government in its wisdom chooses to recognise .....
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