Court : Supreme Court of India
Reported in : AIR1974SC1527; [1974(29)FLR207]; 1974LabIC1004; (1974)IILLJ271SC; (1975)3SCC64; [1975]1SCR348; 1974(6)LC417(SC)
..... trust, whether registered or not which carries on any business, trade or profession or work in connection with or incidental or ancillary thereto, journalistic and printing establishments, quarries and mines not governed by the mines act 1952, educational or other institutions run for private gain and premises in which business of banking, insurance, stocks and shares, brokerage or produce exchange is carried on, but does not include a shop or a factory ..... of commerce and industry, new delhi (respondent 1) is a 'commercial establishment' within the meaning of section 2(5) of the delhi shops and establishments act, 1954 (for short the act) is the sale question that falls for determination in this appeal by certificate directed against the judgment dated february 8, 1967 of the high court of ..... the answer given to this question has been correctly summed up in the head-note of the report, as under:the above being the position in law the were fact that the appellant federation had charitable aims and objects would not take ..... at first, a half-hearted attempt was made to show that the federation is carrying on a profession as it is 'tendering advice to all businessmen and traders'. ..... under article 226 of the constitution for bringing up and quashing the order, dated february 4, 1964 passed by the chief inspector (appellant 2). ..... of preparing and publishing under gratuitous professional control, reports of judicial decisions; of issuing digests and other publications relating to legal subjects. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1968Mad171
..... hereditary village officers are concerned, the proceedings of the subordinate officers (sub collector, deputy collector and assistant collector) could be interfered with only in the manner provided under section 23 of the act either by the district collector or by the board of revenue and if the order passed by the subordinate officer is not covered by the provision under section 23 that order itself is ..... jurisdiction to set it aside under regulation vii of 1828 (the madras subordinate collectors and revenue malversation amendment regulation 1828) read with section 38 of the madras revenue recovery act elaborate arguments were advanced before us about the precise scope of the decision in both the full bench cases, as to the relative jurisdiction and powers of the sub ..... far as the district collector is concerned, there is no limitation of restriction on his powers to revise the order of the subordinate collector except that it should be for effectuating the purposes of the act long lapse of time, consequent appreciation in prices, negligence and laches of the party aggrieved, the conduct of the party giving rise to equitable estoppel, intervention of rights of third parties, who ..... . in other words, far from the later full bench revealing any divergent note, the trend of reasoning therein, so fare as the power of revision of the district collector under regulation vii of ..... 1964 mentions that the judgment-debtor is dead and his ..... if the defaulter makes a tender of the arrears before the .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1971Bom386; (1971)73BOMLR225; 1971MhLJ566
..... this petition under article 226 of the constitution, the 1st petitioner company and the 2nd petitioner, who is the director of the 1st petitioner company, have challenged the legality of five notices of demand (for recovering excise duty) respectively dated june 17, 1964, june 26/29, 1964, june 30, july 1, 1964, july 23/24, 1964, and august 18, 1964, as also an order of detention dated june 17, 1964.2. ..... this would be necessary, so that in connection with these materials he can give explanations and if he so chooses tender evidence and make a case that the material was insufficient for the necessary conclusions and findings and/or that the material was not ..... regard to the seriousness of the charges levelled, the evidence in possession of the 1st respondent on the basis whereof he proposed to act was in all particulars liable to be disclosed to the mills company. ..... 996 of 1966 - (reportedin : 1978(2)elt382(sc) ) duty was levied by excise officers under sub-item (1) of item 17 in the first schedule to the act merely because they were directed to do so by the higher authorities. ..... a quasi-judicial authority would be acting contrary to the rules of natural justice if it acts upon information collected by it which has not been disclosed to the party concerned and in respect of which full opportunity of meeting the inferences which arise out of it has not been ..... it was wrong for the 1st respondent to act upon information collected by him which had not been completely disclosed to the mills .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1965Bom156; (1965)67BOMLR170; ILR1965Bom317; (1965)IILLJ487Bom
..... considering these decisions together, in our opinion, the principle that follows is that the authority which is enjoined with a duty to act in a quasi-judicial manner must disclose to the person against whom action has been taken material which in the nature of evidence on the acceptance or rejection of which turns the decision as to the guilt or innocence ..... lordships observed : 'now, it is no doubt true that the evidence of the respondent and his witnesses was not taken in the mode prescribed in the evidence act; but that act has no application to enquiries conducted by tribunals, even though they may be judicial in character. ..... it was held that the tribunal which was enjoined with a duty to act in a quasi-judicial capacity acted improperly in accepting and considering the evidence additionally obtained without disclosing the same to the ..... noticed from the observations of their lordships that one of the objects in enacting the general clauses act was to avoid superfluity of language in the various enactments that the legislature enacts. ..... that it was hardly an improper act on the part of the clerk to hand over the note to the justices. ..... evidence tendered to establish a case must not be received behind the back of the person inasmuch as that would person of ..... allowed assistance of a legal advisor. ..... manche gowda : [1964]4scr540 the disciplinary authority took into consideration the previous record of the government servant and on the basis of that previous record it had proposed to .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1967All64; 1967CriLJ134
..... in such a case, function as a handwriting expert itself, but it acts as the authority charged with the duty of arriving at a conclusion with the aid of all the data upon the record by all legally permissible means at its commands (see bisseswar poddar v. ..... of times the approver is alleged to have seen the above mentioned accused persons writing is so meagre that the approver cannot be said to satisfy the definition given, in section 47 of the indian evidence act of a person acquainted with the handwriting of another and also to be capable of proving satisfactorily the handwritings of the other. ..... then remarked that, although the documents were being put in a strictly legal fashion, he will accede to the request made by the counsel for ..... was also held by the supreme court that the illegality in tendering pardon to an accused person does not affect his competence as ..... saran, appearing for some of the appellants, argued that it is very hazardous for a court to act as an expert and to form its own opinions from the individual characteristics, spacing, size, thickness, and slant of letters, or the pen pressure at various points, pen lifts, pauses, and the ..... any earlier stage of any prejudice resulting from a joinder of charges or of accused persons, and, in any case, in view of the legal position stated above, there can be no legally valid objection to the joinder of charges and of accused persons. ..... i have noted the commendable care and, attention with which the trial court has ..... : [1964]3scr297 .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1966All305; 1966CriLJ632
..... views on the point, so far as it is relevant to the present controversy, i should think that the civil court has jurisdiction to decide such matters at least for the limited purpose, whether the defendants had acted mala fide, without jurisdiction or in violation of the principles of natural justice, in this connection reliance has been placed by the learned counsel for the petitioner on the following two decisions:--(1) annamunthodo v. ..... as much as pratap singh had framed and got served a charge-sheet on gurbaksh singh (respondent), while bachan singh was holding--in enquiry into the charge, which was tantamount to interfering with his legal rights to seek redress in a court of law and also amounted to exercising pressure upon him with the intent of restraining him from pressing his suit. ..... contention of shri jagdish swarup counsel for the opposite parties, is that his clients are not guilty in contempt, inasmuch as they were bona fide acting in pursuance of the resolution of the working committee of the congress dated, 4/5 december, 1960, which was enforced by means of circular letter dated april 20, 1964 issued by shri gulzari lal nanda and that of the president, u p. ..... the well known case of tarit kanti biswas, in the matter of, air 1918 cal 988 (sb), wherein it was pointed out by sir asutosh mookerjee, inter alia, relying upon the english authority of (1890) 15 pd 59, noted earlier:--'a criminal contempt is conduct that isdirected against the dignity and authority of thecourt. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (1982)ILLJ330SC; 1982(1)SCALE466; (1982)1SCC645; [1982]3SCR251; 1982(14)LC344(SC); AIR1982SC854
..... , discharged or retrenched in connection with, or as a consequence of, that dispute, or whose dismissal, discharge or retrenchment has led to that dispute, but does not include any such person-(i) who is subject to the army act, 1950, or the air force act, 1950 or the navy (discipline) act, 1934, or(ii) who is employed in the police service or as an officer or other employee of a prison; or(iii) who is employed mainly in a managerial or administrative capacity; or(iv) who, being employed in a supervisory capacity, draws wages exceeding ..... any conflict, contradiction or repugnancy between the decision of the constitution bench in hariprasad shukla's case and aforementioned later four decisions and they stand in harmony with each other and the later decisions take note of an amendment in the relevant provisions of industrial disputes act and, therefore, the construction put on the expression 'retrenchment' in the aforementioned decisions pronounced, the settled view of this court. ..... therefore, apart from the period in controversy from 1948 to 1964 it is unquestionably established that the appellant was in continuous uninterrupted service from november 1954 to october 1974, a period of 20 years and he was working as peon/lascar ..... but we would rather like to refer to the legal position in this behalf more accurately.20. ..... to this offer was that he should be given a further opportunity to show his efficiency in his job and if he fails to improve, he would tender his resignation voluntarily. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1970Ker120
..... , and shall have the same force and effect as if it had been pronounced before the death took place'.we entertain no doubt that the above provision is applicable to these proceedings by reason of section 483 of the companies act read with rule 6 of the companies court rules 1959, and rule 44 of the rules framed by the travancore-cochin high court under the banking regulation ..... d87 is a ledger of the 3rd respondent for the year 1130 and was tendered for the only purpose of showing that it bears the signature, writing and seal on 13-10-55 of the same sales-tax officer, as the one whose signature, writing and seal are to be found in ext. ..... it has been recognised in a number of authorities that proceedings under section 235 of the indian companies act 1913 (corresponding to section 543 of the act of 1956), terminate with the death of the person sought to be proceeded against and cannot be continued against his legal representatives. ..... ' in pursuance of these observations of the learned judge it appears that on 23-1-1964, the board of revenue, commercial taxes, madras, served on the appellant in the above appeal, a notice calling upon him, to explain the irregularity committed in his capacity as the then sales-tax officer. ..... we may then note the argument advanced by some of the counsel that unless the persons sought to be proceededagainst under section 542 of the act had the 'primary' intent to defraud creditors, liability under section 542 would not be attracted. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1970Ker289
..... can acquire none'.in pomeroy's equity jurisprudence, volume v, the principle of subrogation is explained at page 5183 in these terms:'when an obligation is discharged by one not primarily liable for it, but who believes himself to be acting either in performance of a legal duty, or for the protection of a legal right, or at the request of the party ultimately bound, and even in certain other cases favoured by public policy, where none of the above circumstances may be present, the party thus discharging ..... section 60 says (paraphrasing it) that at any time after the principal money has become due the mortgagor may require the mortgagee to reconvey 'on payment or tender at a proper time and place of the mortgage money, and it is that right that the section expressly describes as the 'right to redeem' ..... 691 and 692 of 1963 and 23 of 1964 will get their costs from the respondents ..... 690, 691 and 692 of 1963 and 23 of 1964 are not barred by time.22 ..... 690, 691 and 692 of 1963 and 23 of 1964 are barred by article 136 of the travancore limitation act?2 ..... . 1170 of 1964 has arisen are entitled to the relief of permanent injunction in respect of the building on the suit property notwithstanding the fact that their claim for recovery of possession or rest of the property has become barred by ..... . 1170 of 1964 has arisen, the learned judge held that the plaintiffs' claim for recovery of possession of their shares in the suit property is time-barred since this suit has been filed only after the expiry of .....
Tag this Judgment!Court : Gujarat
Reported in : (2009)3GLR2167
..... of the gram panchayat including the present appellants, were called upon to show cause why they should not be removed from the office of sarpanch and members of the gram panchayat under section 57(1) of the act for the acts of commission and omission, more particularly for granting building permission in a number of cases in collusion with owners of the lands concerned, which resulted into violation of the directions given by this court and the ..... orders made by the state government or the district panchayat were directed at the gram panchayat, hence it cannot be said that the panchayat had persistently disobeyed any orders made under the act by the state government so as to fall within the ambit of section 253 of the act.at this juncture, it may be pertinent to note that on more or less similar grounds, action had also been taken against the sarpanch and in exercise of powers under section 57(1) of the ..... , his explanation cannot be accepted.as is apparent from the findings recorded by the district development officer, he has accepted the explanation tendered by the appellants and found that no meeting had taken place on the date when the resolutions were said to have been passed ..... we may now take up for consideration the legal contention urged on behalf of the appellants that in the facts of this case, the ..... singhara singh : air 1964 sc 358 wherein it has been held that when the statute confers a power in certain judicial officers, that power can obviously be exercised only by those .....
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