Court : Supreme Court of India
Decided on : Nov-24-1971
Reported in : AIR1972SC1690
..... the figures from authentic sources i.e. the report of the reserve bank of india and an analysis carried out by the economic and scientific research foundation with regard to the return which was being earned by the various public companies on the capital employed. after taking the maximum return which an investor ..... rupees 16,080/- for july 1970. before arriving at the above conclusion, the commission which had been appointed by the government under the commissions of inquiry act at the instance of this court and which included a retired high court judge, a chartered accountant and an automobile engineer visited the different manufacturing units. the ..... minhas director of inspection (vehicles), deptt. of defence production as members. by a notification dated june 5, 1970 all the provisions of the commission of enquiry act 1952 were made applicable to the commission. the car price enquiry commission, hereinafter called the 'commission' devoted a good deal of labour and attention to the matter .....
Tag this Judgment!Court : Supreme Court of India
Decided on : May-25-1971
Reported in : AIR1971SC1910; 1971CriLJ1422; (1971)2SCC387; [1971]SuppSCR848
..... presumed that the possession of the land could not be had so far' and (b) that as levels have not been given, the final excavation of the foundation cannot be done and all subsequent operations are therefore withheld.20. this letter clearly indicates that some excavation was being done as otherwise there is no meaning in saying ..... of the appellant for having received illegal gratification from one pal singh. he was charged with and tried for two offences under section 5(1)(a) of the act for habitually accepting or obtaining illegal gratification and under section 5(1)(d) for receiving illegal gratification from pal singh. the session judge had found that both ..... the facts disclose the commission of the offence of criminal misconduct as defined in section 5(1)(d) read with section 5(2) of the prevention of corruption act 1947 by major som nath accused. a regular case is therefore registered and entrusted to inspector baldev raj handa for investigation.after this f.i.r. certain statements .....
Tag this Judgment!Court : Delhi
Decided on : Oct-29-1971
Reported in : ILR1972Delhi506
..... not vacate the premises by the 30th of june, 1968 as originally agreed, there having been some delay in the matter of moving to the new premises. the ford foundation, thereforee, informed the petitioner that they would be vacating the premises on the 16th of august, 1968. the general attorney, who was then at bombay, had come to ..... on 20th july, 1968.(2) according to the collector, delhi (r2), he had issued a notice under section 2(1) of the requisitioning and acquisition of immovable property act (30 of 1952), on 12-7-1968, informing the petitioner that the property was needed for a public purpose, namely, accommodating government officers/offices, for the purpose of ..... and others, a.i.r. 1969, delhi 247, discussing the special status of the union territory in the light of the constitution and the government of union territories act, 1963, was referred to. seth munna lal's(1) case could be understood as laying down the proposition that a purpose with which the union was not concerned .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-05-1971
Reported in : AIR1972SC391; [1971]82ITR794(SC); (1972)4SCC402; [1972]1SCR950
..... a report from the appellate assistant commissioner as to the applicability of the proviso to section 24(1) (read with the explanation) of the act of 1922. after the remand report was received the tribunal gave the following two findings: (1) the contracts under consideration were all non- ..... the income tax officer came to the conclusion that the transactions in question were hit by the provisions of the forward contracts regulation act, 1952, hereinafter called the 'act' and the rules and regulations of the saurashtra oil and oilseeds association ltd. in particular the transactions were hit by the ..... , j.1. this is an appeal from a judgment of the gujarat high court. originally an appeal (c.a. 1993/68) had been brought by certificate but that certificate was found to be defective as no reasons were stated therein for granting ..... .a. 1173/71) shall stand disposed of accordingly and the other appeal by certificate (i.e. c.a. 1993/68) is hereby dismissed. there will be no order as to costs. .....
Tag this Judgment!Court : Orissa
Decided on : Jun-21-1971
Reported in : AIR1972Ori40
..... it must be established that the party has a right and the said right is illegally invaded or threatened. the existence of a right is thus the foundation of a petition under article 226.'this court had not found by entering into the merits of the case that the petitioner has a right which could ..... the scope of section 3 is that it saves 'provisions, restrictions, conditions and limitations over' which would be bad under the provisions of the transfer of property act, such as conditions in restraint of alienations or enjoyment repugnant to the nature of the estate, limitations offending the rule against perpetuities and the like.' the mines and ..... limitations and restrictions upon grants and other transfers of land made by it or under its authority'. section 2 enacts that the provisions of the transfer of property act do not apply to crown grants. then follows section 3 with a positive declaration that 'all provisions, restrictions, conditions and limitations over' shall take effect according .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-12-1971
Reported in : AIR1973Guj80
..... expressly recorded or the materials on the record are inadequate for such satisfaction, the consent decree could not be said to be a nullity, so long as there is foundation for invoking the jurisdiction of the rent court.'it is further observed therein:'therefore, the view of our learned brothers divan. j. and shah j. that if the ..... by lord esher m.r.' the ratio which has been laid down by the division bench of this court is in the following terms:'if therefore, there is foundation for the 'exercise of jurisdiction of the rent court, the eviction decree could not be treated as a nullity merely on the ground that the satisfaction of the ..... proceedings, especially when the parties are represented by the advocates.'it is further observed therein:'if these relevant terms in the consent terms provide the basis or foundation by showing the existence of the relevant grounds under the act, it would be for the court concerned to be satisfied as to the existence of the relevant ground under the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Aug-27-1971
Reported in : [1973]88ITR82(AP)
..... ) to the manner in which the estate duty has to be collected 27. unless all the provisions relating to the above matters are contained in the estate duty act, the act cannot be said to be complete or effective. all these matters are, beyond doubt, incidental or ancillary to the power to legislate on estate duty. the main ..... differentia, which distinguishes a mitakshara hindu father from any other father leaving lineal descendants. the classification has got a rational relation to the object of the estate duty act, which has been stated above. a son dying before a father is very unlikely. article 14 cannot be applied to a case, which is not likely to happen ..... was filed against the estate duty assessment before the appellate controller. one of the grounds urged by the accountable persons was that section 34(1)(c) of the act, under which the aggregation of the lineal descendents' share was made for rate purposes was ultra vires of the constitution of india. that contention was rejected and the .....
Tag this Judgment!Court : Delhi
Decided on : Sep-07-1971
Reported in : ILR1971Delhi426
..... is required is that there must be some additional evidence, rendering it probable that the story of the accomplice is true and that it is reasonably safe to act upon it. corroboration need not be direct evidence that the accused committed the crime; it is sufficient even though it is merely circumstantial evidence of his connection with ..... transactions show that she is speaking the truth. but even if she is a truthful witness, the law requires that she being an accomplice, her evidence cannot bo acted upon unless it is corroborated by other independent evidence. (17) but the nature of the independent evidence which is required for corroborating of the evidence of an ..... that requires close scrutiny. (13) before considering the effect of her evidence, it is necessary to bear in mind the fact that she is an accomplice and before acting upon her evidence, it is necessary to apply the following two tests, namely:- (i)whether her evidence itself is worthy of credence; and (ii) whether her evidence .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-30-1971
Reported in : AIR1971SC1170; (1971)2SCC1; [1971]SuppSCR254
..... 20. a point was also made that the definition section does not make a clear distinction between an 'article' and an 'ornament'. this seems to be without foundation. the explanation to section (2)(p) shows mat nothing made of gold which resembles an ornament will be deemed to be an ornament unless the thing (having regard ..... accounted for to the satisfaction of the examining officer is to be deemed to be in possession of such person in contravention of the provisions of the act. chapter iii of the act containing sections 8 to 11 deals with restrictions relating to the manufacture, acquisition, possession, sale, transfer or delivery of gold. sub-section (1) of ..... affirmed by the secretary to the government in the ministry of finance, department of revenue and insurace, a claim is made that the subject matter of the act does not encroach on the power of the state legislature to legislate with respect to money lending or money lenders. it however contains provisions prohibiting persons from .....
Tag this Judgment!Court : Kolkata
Decided on : Sep-17-1971
Reported in : AIR1972Cal105,76CWN161
..... was issued to swadeshi polytex limited on july, 9, 1970. an industrial licence under the industries (development & regulation) act, was issued to the new company on october 7, 1970. the foundation stone of the factory premises was laid by the president of india on october 12, 1970. according to the explanatory ..... organs of control may be totally different. he said, 'this may bebad logic or poor law, but it is goodmonopolies and restrictive trade practices act.' therefore, he held thatbecause rajaram jaipuria and sitaramjaipuria were interested and were related, therefore it became an interconnected undertaking. rajaram jaipuria is the managing ..... three following grounds:(a) neither document disclosed whether permission has been obtained from the central government as required under the monopolies and restrictive trade practices act for establishing the undertaking of swadeshi politex ltd. which, when established, would be an inter-connected undertaking of the respondent company. (b) the .....
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