Array
(
    [0] =>  ..... it. (9) the question whether such printed terms fall within the definition of the expression 'arbitration agreement' as contained in section 2(a) of the arbitration act has now to be considered. according to this definition, 'arbitration agreement' means a written agreement lo submit present or future differences to arbitration, whether an arbitration is ..... interestedness. mere appointment by the government could nto by itself serve as a disqualification for the individual holding the said office at the relevant point of time from acting as an arbitrator. (5) on appeal, the learned counsel for the appellant has, at the outset challenged the conclusion of the court below that clause 21 ..... .j.(1) this appeal is directed against the order of a learned subordinate judge 1st class, delhi, made on 9th january, 1958. by means of the impugned order, an application by the union of india under section 34 of the arbitration act was allowed and proceedings in the suit directed to be adjourned sine die. it ..... 
    [1] =>  ..... consisting of verma and rajeshwari prasad, jj. they found that the decisions of this court on the question were conflicting. they pointed out that several single judges of this court had answered this question in the affirmative while it had been answered in the negative in two division bench decisions of this court (civil  .....  standing to b to maintain the writ petition. it was further observed: '......the learned single judge rightly overruled the preliminary objection and held that the writ petition was maintainable. we have seen that the state transport appellate tribunal acted without jurisdiction in granting a permit in hearn's favour. faced with this illegal grant of .....  permit in favour of hearn, bundu khan and masa ullah khan could properly come to this court with the request that the illegal grant should be quashed. that is what the learned single judge has done.' ..... 
    [2] =>  ..... proceed to take action on the basis of the material already present on the record and was not entitled to act on conjecture or to institute any enquiry so as to include additional material in order to judge the correctness of the order sought to be revised. in support of this proposition, learned counsel referred us to  .....  and the record alone may be scrutinised for ascertaining the legality or propriety of an order or regularity of the proceeding. but there is nothing in the act that for passing an order in exercise of his revisional jurisdiction, if the revising authority is satisfied that the subordinate officer has committed an illegality or impropriety  ..... in the present case, the deputy commissioner, when seeking to exercise his revisional powers, is clearly not encroaching upon the powers reserved to other authorities. under the act of 1946, the first assessment is made by the sales-tax officer under s. 11. if information comes into his possession that any turnover in respect of sales ..... 
    [3] =>  ..... his own hands and to dispossess a person in actual possession without having recourse to a court. no person can be allowed to become a judge in his own cause. as observed by edge, c.j., in wali ahmed khan v. ayodhya kundu i.l.r. [1891] all ..... of the plaintiff or of the defendant can be raised or gone into in that case (under s. 9 of the specific relief act). the plaintiff will be entitled to succeed without proving any title on which he can fall back upon and the defendant cannot succeed ..... termination of the tenancy his possession is juridical and that possession is protected by statute. under s. 9 of the specific relief act a tenant who has ceased to be a tenant may sue for possession against his landlord if the landlord deprives him of  ..... the structure of s. 326 of qanoon mal, read with s. 163 of qanoon ryotwari, is similar to s. 9 of the specific relief act, there is no reason why s. 326 should be interpreted differently. 11. in midnapur zamindary company limited v. naresh narayan roy 51 i.a ..... 
    [4] =>  ..... with the madras decision in 25 mad lw 113 = (air 1927 mad 271) and no decision contra has been brought to my notice. i would hold that the learned district judge was right in holding that the district court had the necessary jurisdiction to enforce the order transferred to it by this court. i can find, therefore, no valid reason to ..... in this context that the following observation made in the judgment has to be understood: -'now the court described in these two sections is not the court of the district judge as he has rightly pointed out, but it would be this court, sections 199 and 200 must be read so as to be consistent with each other. if the  ..... passed by the high court of allahabad in liquidation proceedings was transferred by the allahabad high court to the district court, gaya directly. the district judge held that under s. 200 read with section 3 of the act, he was not competent to deal with such a case and struck off execution. the contention was that as a result of section 199 ..... 
    [5] =>  .....  the accused had given some counter version of the incident and on that account he had not shown their arrest till 12 at noon on 12th january, 1967. the trial judge accepted the prosecution version and declined to give any weight to the accused-appellants' plea that bachan singh, along with his brother and other bad characters came to their tube .....  of criminal procedure some four years' back. the parties came to terms and with it the proceedings ended. about 4 days before the occurrence a case under the punjab excise act was registered against bachan singh p.w. by the police. he thought that mohan lal accused-appellant and his brother ishar singh were responsible for it, in order to collect ..... 
    [6] =>  .....  validity of the partnership in question, on the basis of the provisions of the income-tax act and the partnership act only, he was in error in judging its validity in the light of the provisions of the indian companies act. this contention is so obviously untenable that i would not have made reference to it but  ..... carrying on a business is equally well settled. the partnership that is created is a contractual partnership and will be governed by the provisions of the indian partnership act, 1932. the partnership is not between the family and the other partners ; it is a partnership between the coparcener individually and his other partners (see  ..... the department was banares cloth dealers syndicate v. income-tax officer, banares : [1964]51itr507(all) . here, the provisions of section 4 of the indian companies act were held to have been contravened by the partnership found in the case. the question whether there was a partnership between certain individuals and certain joint families and  ..... 
    [7] =>  .....  that of raw groundnut oil, but the product was still held to be groundnut oil for purposes of taxation. the supreme court observed :in our opinion, the learned judges.of the high court laid an undue emphasis on the addition by way of the absorption of the hydrogen atoms in the process of hardening and on the consequent inter ..... not be available now. the question of the validity of the provisions of section 3-d of the u.p. sales tax act and the other questions mentioned above having been raised, the writ petitions were admitted. the orders have the effect of imposing financial liabilities. the petitioners have a fundamental right ..... new commercial commodity emerged from the process of alleged 'manufacture'.14. the question of the validity of the provisions of section 3-d of the u. p. sales tax act was also raised, but no arguments were advanced on this aspect before us. although an alternative remedy was available to the petitioners by way of an appeal, it will  ..... 
    [8] =>  ..... . 304a ipc, s. 3 read with s. 112 of the motor vehicles act and under s. 89 of the same act. it convicted the second appellant under s. 201 ipc, s. 5 as well as under s. 89 of the motor vehicles act. these convictions were affirmed by the learned sessions judge of satara in appeal and by the high court in revision. 5 ..... . the conviction of the first appellant under the provisions of the motor vehicles act was not challenged before us, but we fail to see how the second appellant .....  could have been convicted either under s. 5 or under s. 89 of the motor vehicles act. in convicting ..... 
    [9] =>  ..... did not tell any thing about the facts stated in annexure 'd' to special leave paper book (page 49 to 51).' 17. this shows that there was no inquiry at all. the alleged statement of the driver was accepted and it was assumed that the paddy was being taken to west bengal. at least the explanation of the ..... , the detenu cannot make effective representation. the details could not be such as were required to be concealed in the public interest under s. 7(2) of the act. the third ground that 'a businessman of barahiya disclosed that he (rameshwarlal patwari) visited barahiya on several occasions and purchased gram, gramdal under various names and smuggled them ..... harichandra agarwala was caught on 29th december, 1966 at ranibahal near mashanjor while carrying 95 bags of peddy for illegal trade. in this connection a case under the essential commodities act has been instituted. he is on bail in this case. (2) his trucks always take to wicked routes to saithia (west bengal) and he himself pilots them. ..... 
)
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Judgment Search Results Home > Cases Phrase: judges inquiry act 1968 section 5 powers of committee Sorted by: old Year: 1967 Page 60 of about 665 results (0.168 seconds)

Nov 29 1967 (HC)

Delhi Iron and Si Eel Co. (P) Ltd. Vs. Union of India

Court : Delhi

Decided on : Nov-29-1967

Reported in : 4(1968)DLT15

..... it. (9) the question whether such printed terms fall within the definition of the expression 'arbitration agreement' as contained in section 2(a) of the arbitration act has now to be considered. according to this definition, 'arbitration agreement' means a written agreement lo submit present or future differences to arbitration, whether an arbitration is ..... interestedness. mere appointment by the government could nto by itself serve as a disqualification for the individual holding the said office at the relevant point of time from acting as an arbitrator. (5) on appeal, the learned counsel for the appellant has, at the outset challenged the conclusion of the court below that clause 21 ..... .j.(1) this appeal is directed against the order of a learned subordinate judge 1st class, delhi, made on 9th january, 1958. by means of the impugned order, an application by the union of india under section 34 of the arbitration act was allowed and proceedings in the suit directed to be adjourned sine die. it .....

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Nov 29 1967 (HC)

Shiv Charan Das Sharma Vs. Regional Transport Authority and ors.

Court : Allahabad

Decided on : Nov-29-1967

Reported in : AIR1969All269

..... consisting of verma and rajeshwari prasad, jj. they found that the decisions of this court on the question were conflicting. they pointed out that several single judges of this court had answered this question in the affirmative while it had been answered in the negative in two division bench decisions of this court (civil ..... standing to b to maintain the writ petition. it was further observed: '......the learned single judge rightly overruled the preliminary objection and held that the writ petition was maintainable. we have seen that the state transport appellate tribunal acted without jurisdiction in granting a permit in hearn's favour. faced with this illegal grant of ..... permit in favour of hearn, bundu khan and masa ullah khan could properly come to this court with the request that the illegal grant should be quashed. that is what the learned single judge has done.' .....

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Nov 29 1967 (SC)

Swastik Oil Mills Ltd. Vs. H.B. Munshi, Deputy Commissioner of Sales T ...

Court : Supreme Court of India

Decided on : Nov-29-1967

Reported in : AIR1968SC843; [1968]2SCR492; [1968]21STC383(SC)

..... proceed to take action on the basis of the material already present on the record and was not entitled to act on conjecture or to institute any enquiry so as to include additional material in order to judge the correctness of the order sought to be revised. in support of this proposition, learned counsel referred us to ..... and the record alone may be scrutinised for ascertaining the legality or propriety of an order or regularity of the proceeding. but there is nothing in the act that for passing an order in exercise of his revisional jurisdiction, if the revising authority is satisfied that the subordinate officer has committed an illegality or impropriety ..... in the present case, the deputy commissioner, when seeking to exercise his revisional powers, is clearly not encroaching upon the powers reserved to other authorities. under the act of 1946, the first assessment is made by the sales-tax officer under s. 11. if information comes into his possession that any turnover in respect of sales .....

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Nov 29 1967 (SC)

Lallu Yeshwant Singh Vs. Rao Jagdish Singh and ors.

Court : Supreme Court of India

Decided on : Nov-29-1967

Reported in : 1968MhLJ496(SC); [1968]2SCR203

..... his own hands and to dispossess a person in actual possession without having recourse to a court. no person can be allowed to become a judge in his own cause. as observed by edge, c.j., in wali ahmed khan v. ayodhya kundu i.l.r. [1891] all ..... of the plaintiff or of the defendant can be raised or gone into in that case (under s. 9 of the specific relief act). the plaintiff will be entitled to succeed without proving any title on which he can fall back upon and the defendant cannot succeed ..... termination of the tenancy his possession is juridical and that possession is protected by statute. under s. 9 of the specific relief act a tenant who has ceased to be a tenant may sue for possession against his landlord if the landlord deprives him of ..... the structure of s. 326 of qanoon mal, read with s. 163 of qanoon ryotwari, is similar to s. 9 of the specific relief act, there is no reason why s. 326 should be interpreted differently. 11. in midnapur zamindary company limited v. naresh narayan roy 51 i.a .....

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Nov 29 1967 (HC)

Kalagara Rama Tulasamma Vs. Subhadaya Publications Ltd.

Court : Andhra Pradesh

Decided on : Nov-29-1967

Reported in : AIR1969AP207

..... with the madras decision in 25 mad lw 113 = (air 1927 mad 271) and no decision contra has been brought to my notice. i would hold that the learned district judge was right in holding that the district court had the necessary jurisdiction to enforce the order transferred to it by this court. i can find, therefore, no valid reason to ..... in this context that the following observation made in the judgment has to be understood: -'now the court described in these two sections is not the court of the district judge as he has rightly pointed out, but it would be this court, sections 199 and 200 must be read so as to be consistent with each other. if the ..... passed by the high court of allahabad in liquidation proceedings was transferred by the allahabad high court to the district court, gaya directly. the district judge held that under s. 200 read with section 3 of the act, he was not competent to deal with such a case and struck off execution. the contention was that as a result of section 199 .....

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Nov 29 1967 (HC)

Mohan and anr. Vs. State of Haryana

Court : Punjab and Haryana

Decided on : Nov-29-1967

Reported in : 1968CriLJ1302

..... the accused had given some counter version of the incident and on that account he had not shown their arrest till 12 at noon on 12th january, 1967. the trial judge accepted the prosecution version and declined to give any weight to the accused-appellants' plea that bachan singh, along with his brother and other bad characters came to their tube ..... of criminal procedure some four years' back. the parties came to terms and with it the proceedings ended. about 4 days before the occurrence a case under the punjab excise act was registered against bachan singh p.w. by the police. he thought that mohan lal accused-appellant and his brother ishar singh were responsible for it, in order to collect .....

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Nov 30 1967 (HC)

Agarwal and Co. Vs. Commissioner of Income-tax

Court : Allahabad

Decided on : Nov-30-1967

Reported in : [1968]68ITR673(All)

..... validity of the partnership in question, on the basis of the provisions of the income-tax act and the partnership act only, he was in error in judging its validity in the light of the provisions of the indian companies act. this contention is so obviously untenable that i would not have made reference to it but ..... carrying on a business is equally well settled. the partnership that is created is a contractual partnership and will be governed by the provisions of the indian partnership act, 1932. the partnership is not between the family and the other partners ; it is a partnership between the coparcener individually and his other partners (see ..... the department was banares cloth dealers syndicate v. income-tax officer, banares : [1964]51itr507(all) . here, the provisions of section 4 of the indian companies act were held to have been contravened by the partnership found in the case. the question whether there was a partnership between certain individuals and certain joint families and .....

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Nov 30 1967 (HC)

Barjatya Traders Vs. Sales Tax Officer

Court : Allahabad

Decided on : Nov-30-1967

Reported in : [1968]21STC197(All)

..... that of raw groundnut oil, but the product was still held to be groundnut oil for purposes of taxation. the supreme court observed :in our opinion, the learned judges.of the high court laid an undue emphasis on the addition by way of the absorption of the hydrogen atoms in the process of hardening and on the consequent inter ..... not be available now. the question of the validity of the provisions of section 3-d of the u.p. sales tax act and the other questions mentioned above having been raised, the writ petitions were admitted. the orders have the effect of imposing financial liabilities. the petitioners have a fundamental right ..... new commercial commodity emerged from the process of alleged 'manufacture'.14. the question of the validity of the provisions of section 3-d of the u. p. sales tax act was also raised, but no arguments were advanced on this aspect before us. although an alternative remedy was available to the petitioners by way of an appeal, it will .....

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Dec 01 1967 (SC)

Suleman Rehiman Mulani and anr. Vs. State of Maharashtra

Court : Supreme Court of India

Decided on : Dec-01-1967

Reported in : AIR1968SC829; 1968CriLJ1013; 1968MhLJ413(SC); [1968]2SCR515

..... . 304a ipc, s. 3 read with s. 112 of the motor vehicles act and under s. 89 of the same act. it convicted the second appellant under s. 201 ipc, s. 5 as well as under s. 89 of the motor vehicles act. these convictions were affirmed by the learned sessions judge of satara in appeal and by the high court in revision. 5 ..... . the conviction of the first appellant under the provisions of the motor vehicles act was not challenged before us, but we fail to see how the second appellant ..... could have been convicted either under s. 5 or under s. 89 of the motor vehicles act. in convicting .....

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Dec 01 1967 (SC)

Rameshwar Lal Patwari Vs. State of Bihar

Court : Supreme Court of India

Decided on : Dec-01-1967

Reported in : AIR1968SC1303; 1968(16)BLJR943; [1968]2SCR505

..... did not tell any thing about the facts stated in annexure 'd' to special leave paper book (page 49 to 51).' 17. this shows that there was no inquiry at all. the alleged statement of the driver was accepted and it was assumed that the paddy was being taken to west bengal. at least the explanation of the ..... , the detenu cannot make effective representation. the details could not be such as were required to be concealed in the public interest under s. 7(2) of the act. the third ground that 'a businessman of barahiya disclosed that he (rameshwarlal patwari) visited barahiya on several occasions and purchased gram, gramdal under various names and smuggled them ..... harichandra agarwala was caught on 29th december, 1966 at ranibahal near mashanjor while carrying 95 bags of peddy for illegal trade. in this connection a case under the essential commodities act has been instituted. he is on bail in this case. (2) his trucks always take to wicked routes to saithia (west bengal) and he himself pilots them. .....

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