Judgment Search Results Home > Cases Phrase: khuda bakhsh oriental public library act 1969 Sorted by: old Page 13 of about 1,381 results (0.210 seconds)

The United India Fire and General Insurance Co. Ltd. and anr. Vs. Mst. ...

Court : Rajasthan

Reported in : AIR1976Raj178

..... sub-section (2), against any liability which may be incurred by him in respect of the death of, or bodily injury to, any person, or damage to any property of a third party, caused by or arising out of the use of the vehicle in a public place; but a policy shall not be required to cover liability in respect of death of or bodily injury to persons being carried in or upon or entering or mounting or alighting from the vehicle at the time of the occurrence of the event out of ..... not required to cover any liability in respect of passenger carried in a vehicle not run for hire or reward, but the insurer can, by contract, extend its liability in any respect beyond the requirements of the act and also safeguard its interest fully by providing a term in the policy that it shall be entitled to take over the defence both on its behalf and on behalf of the insured even on grounds other than ..... according to section 94 of the motor vehicles act, 1939, no person can use except as passenger or cause or allow any other person to use a motor vehicle in public place, unless there is in force in relation to the use of the vehicle by that person, or that other person, as the case may be, a policy of insurance complying with the ..... . in oriental fire ..... sankara narayanan, 1969 acc cj 34 = (air 1968 mad 436) it was observed that the appellate court would be loath to interfere with the quantum of damages awarded by the tribunal unless there is an error in principle or the amount awarded is so ..... 1969 .....

F.A.C.T. Employees' Association Vs. F.A.C.T. Limited and Ors.

Court : Kerala

Reported in : (1977)ILLJ182Ker

..... [1954.i l.l.j 295], the madras high court referred to section 18(b) as it stood at the relevant time and said :.section 18(b) of the industrial disputes act necessarily implies that parties other than the original parties to an industrial dispute can be summoned as parties to the proceeding. ..... persons on whom settlement and awards are binding - xx xx xx(3) a settlement arrived at in the course of conciliation proceedings under this act or an arbitration award in a case where a notification has been issued under sub-section (3a) of section 10a or an award of a labour court, tribunal or national tribunal, which has become enforceable shall be binding on-(a) all parties to ..... an award once published, and after 30 days have expired from the date of its publication, is final and enforceable; and it shall not be called in question by any court in any manner whatsoever (section 17 read ..... in the gazette dated 30-9-1975 in accordance with section 17 of the act and it became enforceable in terms of section 17a on tin expiry of 30 days from the date of its publication.2. ..... :now when a person is 'deemed to be' something the only meaning possible is that whereas he is not in reality that something the act of parliament requires him to be treated us if he were.in state of bombay v. ..... the tribunal has the powers of a civil court, including its inherent powers, in so far as they are applicable and not inconsistent with the act or the rules see the decision of this court in o.p. no. ..... hyderabad [1969-11 .....

P. Hemalatha Vs. the Govt. of Andhra Pradesh

Court : Andhra Pradesh

Reported in : AIR1976AP375

..... multi-faceted concepts like state and security of state in form and substance are going on varying through judicial process both structurally as well as functionally culminating ultimately in the triumph of public law approach is manifested in the interpretation of the contents of section 124-a in the context of article 19(1)(a) read with clause (2) thereof, giving rise even to the constitutional ..... interest in the safety, security and stability of the state threatened with subversion by arms and violence through creating public disorder and disturbing public tranquillity is always paramount to any other interest including those in the right to freedom of speech and expression ..... of the concepts like 'state', 'individual', 'liberty' and 'rights' can be accomplished smoothly and successfully only through creative judicial process by subjecting the private law concepts to public law approach by a conscious recognition of the shift of emphasis from the individual to the society.preservation of government is the highest value :---109. ..... hence, any acts within the meaning of section 124-a which have the effect of subverting the government by bringing that government into contempt or hatred, or creating disaffection against it, would be within the penal statute because the feeling of disloyalty to the government established by law or enmity to its imports the idea of tendency to public disorder by the use of actual ..... a value study of law' published in 1969 modern law review at page a397 on .....

Young Vs. American Mini theatres, Inc.

Court : US Supreme Court

..... out the general boundaries within which the zoning power may operate: restrictions upon the free use of private land must find their justifications in "some aspect of the police power, asserted for the public welfare"; the legitimacy of any particular restriction must be judged with reference to all of the surrounding circumstances and conditions; and the legislative judgment is to control in cases in which the validity of a particular zoning regulation is "fairly debatable ..... " [ footnote 7 ] the ordinance authorizes the zoning commission to waive the 1,000-foot restriction if it finds: "a) that the proposed use will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of this ordinance will be observed," "b) that the proposed use will not enlarge or encourage the development of a 'skid row' area. ..... . nor is the detroit ordinance narrowly aimed at protecting children from exposure to sexually oriented displays that would not be judged obscene by adult standards ..... . [ footnote 2/4 ] respondents attack the nature of the evidence upon which the common council acted in bringing adult entertainment establishments under the ordinance, and which petitioners submitted to the district court in support of it ..... . 147 (1969); staub v ..... . 509 -511 (1969); procunier v ..... 147 (1969); cox v. ..... 576 (1969); brandenburg v. ..... 576 (1969); new york times co. v. .....

Shriyans Prasad JaIn Vs. Shanti Prasad Jain

Court : Mumbai

Reported in : (1977)79BOMLR394

..... commit it for trial-(i) to the court of session if the offence is triable exclusively by that court or if the magistrate taking cognizance is the chief judicial magistrate;(ii) to a court of special judge appointed under the criminal law amendment act, 1952, if the offence is triable exclusively by that court;(b) in any other case, make over the case to the chief judicial magistrate who shall try the case himself.under sub-section (4) which is comparable to sub ..... can it be said that in the face of these provisions that when the present charge-sheet was presented on july 4, 1969 the accused had no notice that the magistrate irrespective of his status and other powers could not have tried them at all, but could have merely held an inquiry either for discharging them or ..... has to bear in mind not only the fact whether he could pass an adequate sentence, but has also to pay regard to the gravity of the offence, the effect of the article subject of the charge, on the public mind (where the accused is charged with sedition) and the ..... a study of the relevant sections indicates, in his opinion, that the taking of cognizance is a continuous act which commences as soon as the magistrate applies his mind to the case and only ends when the magistrate no longer has seisin of ..... of the learned judge on page 485 of the report show that in his opinion it was an error to regard the taking of cognizance as a single momentary act which can only be done once with regard to a particular offence. .....

State Vs. Prakash Ch. De and anr.

Court : Kolkata

Reported in : 1977CriLJ863

..... of the letters patent it was held that as rules were framed by the high court under claule 37 of the letters patent the same will apply to article 117 of the limitation act but that decision flowed from section 29(2) of the limitation act, 1963, according to which, where special law prescribes any period of limitation in an appeal the same shall apply to the exclusion of the period of limitation prescribed by the limitation ..... to the setting in which the word occurs as also to the subject-matter and object of the enactment, wharton, 14th edition states at page 697 'when there is a string of words in the act of parliament and the meaning of one of them is doubtful that meaning is given to it which it shares with the other'.14. ..... appearing on behalf of the state argued that article 117 in the second division of the present limitation act of 1963 cannot apply to criminal procedure code, articles 114 and 115, he points out, only deal ..... ordinary original criminal jurisdiction of the high court has been abolished thus obviating the necessity for any provision in the limitation act regarding acquittal from the judgment passed by the original side of the high court as in the present case. ..... 1969 sc 1335), the supreme court held that article 137 of the schedule to the limitation act ..... public prosecutor, (1950 ac 458), it quoted the observation of lord macdermott viz..the effect of a verdict of acquittal pronounced by a competent court on a lawful charge and after a lawful trial is not completely .....

Radha Kishan Bal Kishan Muchhal and Co. Vs. Regional Provident Fund Co ...

Court : Delhi

Reported in : ILR1977Delhi162; 1977LabIC1041

..... was completely closed when the transfer of ownership took place and an entirely new establishment was set up three months later, so that, in this case, the benefit of nonappicability of the act under section 16(1)(b) of the act for a period of three years yes available to the respondent from june or july, 1961 when the new establishment was set up. ..... were two dominant facts:1.that the old company was wound up a week or ten days before the act was applied to the printing industry, and 2.that the licenses were transferred to the partnership.on these ..... the division bench conceded that the learned single judge was right in the enunciation of the principles applicable to cases arising under the act but in their view he went wrong in their application to the facts of the case before him. ..... section 16 reads:theact shall not apply- (a) to any establishment registered under the co-operative societies act, 1912, or under any other law for the time being in force in any state relating to co-operative societies, employing less than fifty persons and working without the aid of power; or (b) ..... protection of 3 or 5 years as the case may be not from the date on which any establishment is brought within the scope of the act by virtue of a notification, but from the date on which the establishment is or has been set up. ..... supra, and was upset in appeal in rpf commissioner : (1969)iillj145mad , supra and was expressly dissented from in sayaji mills' ..... in that case a public limited company known as .....

Automobile Transport Pvt. Ltd. Vs. Dewalal and ors.

Court : Rajasthan

Reported in : 1976WLN783

..... the learned tribunal has observed that when all the vehicles were passing by the right side of the tree which alone provided sufficient space for the vehicles to pass, it was certainly not only an act of rashness but also of negligence on the part of the driver to have attempted to pass the vehicle by the left side inspite of the protests of its occupants. ..... the owner of a vehicle cannot use the vehicle unless it is registered under the act or cannot carry passengers or goods in the vehicle unless a permit in that respect is obtained by the owner and which led to the conclusion that it is only the ostensible owner who is to be considered to be the owner of the motor vehicle irrespective of the fact that the real ownership may be with some-body else, was pointed out in the oriental fire and general insurance co ..... . they only provide for regulation of the use of the motor vehicles in public places and if the requirements of the act were not fulfilled, penalties were attracted ..... . 105/1969 to the motor owners insurance company also succeeds partly that their liability shall be reduced from rs ..... but in support of this contention, they did not file these documents in the learned tribunal which had to close their evidence on 12-10-1969. ..... these appeals arise out of an order made by the motor accidents claims tribunal, ajmer on september 12, 1969.2. ..... 105/1969. .....

Automobiles Transport (Rajasthan) Pvt. Ltd. and anr. Vs. Dewalal and o ...

Court : Rajasthan

Reported in : AIR1977Raj121

..... the owner of a vehicle cannot use the vehicle unless it is registered under the act or cannot carry passengers or goods in the vehicle unless a permit in that respect is obtained by the owner and which led to the conclusion that it is only the ostensible owner who is to be considered to be the owner of the motor vehicle irrespective of the fact that the real ownership may be with somebody else, was pointed out in the oriental fire and general insurance co. ..... they only provide for regulation of the use of the motor vehicles in public places and if the requirements of the act were not fulfilled, penalties were attracted. ..... shan-mugham, air 1969 sc 493 it was pointed out that the act does not expressly or by implication bar 'benami' transactions or persons owning buses 'benami' and applying for permit on that basis. ..... 105/1969 of the motor owners insurance company also succeeds partly that their liability shall be reduced from rs. ..... 105/1969 was filed by the insurer, while the other appeal is by the automobile transport (rajasthan) private ltd. ..... but in support of this contention, they did not file these documents in the learned tribunal which had to close their evidence on 12-10-1969. ..... these appeals arise out of an order made by the motor accidents claims tribunal, ajmer on september 12, 1969.2. ..... 105/1969. .....

Koran Vs. Kamala Shetty

Court : Kerala

Reported in : AIR1978Ker172

..... the first point urged on behalf of the appellant is that the respondent was not a workman within the meaning of the act and that the labour court committed an error in saying that there was no evidence led on this issue and resting its judgment on the principles of res judicata on the basis of the decision of shri ..... , in terms inapplicable to the present matter, but the principle underlying it expressed in the maxim 'interest reipublicae at sit finis litium', is founded on sound public policy and is universal application, (vide broom's legal maxims, tenth edition, page 218). ..... tribunal under the kerala land reforms act; and (2) the question whether the status of a tenant who applies for purchase of kudikidappu has tobe judged with reference to the date of the commencement of act 35 of 1969 i. ..... a direct pronouncement by the supreme court that the general principle of res judicata or collusiveness of a prior decision is founded on sound public policy and is of universal application and in particular is applicable to adjudication by tribunals also. ..... punnoose, (1973 ker lt 1000) holding that neither the land reforms act nor the rules prohibited the filing of a second application and that the principles of res judicata embodied in section 11 ..... of land on registry under the rules for assignment of government lands for settlement of agricultural labourers which had been assigned in his favour in 1966, and therefore was disentitled under the act to claim the status of a kudikidappukaran. 3. .....