Court : Chennai
Reported in : AIR1972Mad339
..... create a lease or a licence, that if the document creates an interest that if the document creates an interest in the property it is a lease, but if it only permits another to make use of the property of which the legal possession continues with the owner, it is a licence and that if under the document a party gets exclusive possession of the property, prima facie he is considered to be a tenant, but that circumstances may be established which negative the ..... refers to a case where on the death of a widow of a statutory tenant, the daughter who had no right to retain possession under the rent acts, was allowed by the landlord by way of indulgence to stay there, with, in fact, exclusive possessions, for six months paying the equivalent of rent. ..... it is pointed out that the scope of discretion even after excluding the cases mentioned in section 22 of the specific relief act of 1877 corresponding to section 20 of the specific relief act of 1963, cannot be confined to waiver, abandonment or estoppel and that diverse situations may arise which may induce a court not to exercise ..... that these rubber plants of 11/2 years growth noticed by the commissioner on 11-1-1964, should have been planted in or about june or july 1962. ..... plaintiff in that suit getting specific performance, related to a false plea that he tendered the full purchase consideration of rs. ..... it should be noted that defendants 1 and 2 have not produced any accounts, or adduced evidence to show how much they have expended .....
Tag this Judgment!Court : Mumbai
Reported in : (1967)IILLJ375Bom
..... of the principles of natural justice being followed, in the absence of specific rules, in a domestic enquiry, under the industrial law, the requirement of that principle does not go so far as to cast a legal obligation on the enquiry officer to ask the employee whether he has any witnesses to examine in defence and then examine such witnesses if he mentions the names of any such persons. ..... been pointed out by eminent judges that when it appears to an appellate court that no person properly instructed in law and acting judicially could have reached the particular decision, the court may proceed on the assumption that misconception of law has been ..... the enquiry was legal and in accordance with the provisions of the act and principles of natural ..... to the enquiry officer by the employee or the person concerned that he wants to rely on the evidence or examine witnesses, it is difficult to see how the enquiry could be said to be vitiated because no such evidence is tendered in the absence of any request to lead such evidence. 29. p. h ..... . when one finds a note of this dereliction only four months before, it necessarily implies that respondent 3 is not either ignorant or illiterate when during the course of his work he was expected to measure cloth ..... . 38 of 1963, dated april 4, 1964) before a division bench of this court ..... . its workmen : (1964)iillj113sc , the question whether the principles of natural justice were complied with and whether reasonable opportunity to lead evidence .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1974Bom164; 1974MhLJ106
..... the question was whether the suit was barred by limitation because it was contended on behalf of the first defendant that the second defendant was entitled to receive the amount due under the promissory note and give a full discharge of the entire debt without the concurrence of the two plaintiffs and time, therefore, ran against all the plaintiffs who were not accordingly entitled to any extension of ..... by a money-lender for recovery of a loan is not liable to be dismissed if the plaintiff does not hold a valid registration certificate issued under the money-lenders act on the date of the transaction to which the suit relates, and that section 11-h of the money-lenders act contemplates that if the court finds that the plaintiff does not hold a valid registration certificate, it shall stay the suit for a reasonable time until a valid ..... with all deference we must hold that the majority decision in ilr (1913) mad 544 : 19 ind cas 12 constituted an unwarrantable extension of the law'.the full bench consequently held that section 38 of the contract act did not deal with the case of an offer accepted by one of several joint promisees, but considered only the case of such an offer which has been rejected. ..... chief justice, referred to section 38, observed that the section did not deal with the legal consequences of an accepted tender, or of an accepted offer of performance, but with the legal consequences where a tender or offer has been made and the tender or offer has not been accepted. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1998KAR1314
..... in other words, a moral obligation even though not enforceable under the law, would by acknowledgment, bring it to the level of a legal obligation, for it would be perfectly legitimate for the father to treat himself obliged out of love and affection to maintain his destitute daughter, even impinging to a reasonable extent on his ancestral property. ..... narasiah | chikka | rangappa | lakkamma (widow died in 1978) daughter rangamma died in 1964 husband huchaiah (died in 1973) ------------------------------------------------------------------------------------- | | | | | | chikka lakkamma nanjamma dase hanumanthaiah- chand- mariah gowda raiah3. ..... in that way, the father may not have had a legal obligation to maintain her but all the same there existed a moral obligation. ..... but for the interference by the hindu succession act, the properties would have got back to kempanna and rangappa. ..... the following passage is worth to note: 'the high court has concluded that it was clear that the father was under an obligation to maintain the plaintiff respondent. ..... by virtue of passing of the hindu succession act, she became absolute owner of the property on 15.6.1976; consequently, the neither kempanna nor rangappa had a right over the same. ..... the properties given to lakkamma under ex.p24 got enlarged into full estate in view of section 14(2) of the hindu succession act. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1983SC75; [1983]53CompCas184(SC); (1983)1CompLJ1(SC); (1983)ILLJ45SC; (1983)IIMLJ1(SC); 1982(2)SCALE1144; (1983)1SCC228; [1983]1SCR922
..... company, it is only the creditors and the contributories who would be affected by any action taken in the course of winding up of the company and that is why we find several provisions in the companies act 1956 which speak of winding up being carried on with due regard to the interest of the creditors and the contributories or after consultation with them or confer rights on the creditors and the contributories to make ..... no doubt, it was the creative genius of the bourgeoisie that invented the corporations and the companies, invested them with a corporate soul and a juristic personality and called them legal entities in order to meet the growing and complex demands of modern industry and management, to conduct business and commercial activities more conveniently and efficiently, and essentially to foster, consolidate ..... production to the common detriment, there is equal pay for equal work for both men and women and the health and strength of workers, men and women and the tender age of children are not abused and citizens are not forced by economic necessity to enter avocations unsuited to their age or strength. ..... is interesting to note that though in this country also the provisions of the companies act have undergone various changes from time to time and various enactments for the welfare of the workers have been passed from time to time, the legislature in our country did not consider it proper or necessary to amend the provisions of the indian companies act to confer any such ..... 1964 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (1963)65BOMLR793; 1963CriLJ418; 1964MHLJ246(SC); [1964]1SCR926
..... ofany person examined by him or upon any matter or thing duly submitted to himfor examination or analysis and report, may be used as evidence of thefacts state in such certificate, or as the case may be, report, in anyproceedings under this act; but the court may if it thinks fit, and shall, onthe application of the prosecution or the accused person, summon and examineany such person as to the subject matter of his certificate or as the case maybe, report.' 25. ..... or on account of misconception of thenature of the proceedings and on that account in substance there had been noreal trial or that the prosecutor or an accused was, for reasons over which hehad no control, prevented from leading or tendering evidence material to thecharge, and in the interests of justice the appellate court deems itappropriate, having regard to the circumstances of the case, that the accusedshould be put on his trial again. ..... rote, and the report of thechemical examiner also disclosed that he had opened a phial which was sealedand that the seal was intact, with the device 'medico-legal bombay'.evidence regarding the dealing with the phial since it was sealed and it wassubmitted for examination of the chemical examiner may appear to be formal; butit has still to be led in a criminal case to ..... ' it is important to note at once that the legislature did not inthis sub-section say 'that nothing in this section shall preclude the factof the alcoholic content of the blood of the person from being proved .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1964SC949; (1964)66BOMLR714; 1964CriLJ44; [1964]5SCR1064
..... the accused as regards their contents and it would not be unreasonable to hold that the intention of the legislature was that the accused should be examined with reference to what appears against him in evidence legally admissible before the court, while he is not to be required to commit himself by his answers in respect of matters which would be proved against him only at the trial and as regards which he would be examined ..... ought to be tried by such court, witnesses intended to be examined before the court of session were examined before the magistrate, documents on which the prosecution sought to rely were duly proved and tendered in evidence and if the magistrate was satisfied that there was sufficient ground for committing the accused for trial, a charge was framed on which the accused was committed for trial. ..... be evidence against the accused at the trial, and yet if the respondent is right, the accused might be called on to explain the circumstances against them in such documents, and here it must be noted, the explanation or statement of the accused even in answer to such questions would be evidence against him under s. ..... (6) is capable of being understood as meaning 'on the examination of the accused with reference to the material on which the magistrate proceeds to act', for in both the cases the object of the examination is in the interests of the accused and in order to afford the accused an opportunity not to be committed or to have a charge framed against him .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1969SC744; 1969LabIC1139; (1969)1SCC466; [1969]3SCR425
..... mere inclusion in the civil list of the name of a person cannot be held to prove that that person is in the service of the government, unless evidence is tendered to show the circumstances under which the name was included in the civil list and to exclude the possibility of names of persons other than those in government service being ..... gupte, in this connection, also urged that we should pierce the veil of the company being a separate juristic and legal entity apart from the government which owns all the shares in the company, and hold that, in fact, the company should be equated ..... the articles of association lay down that the company shall be a private limited company within the meaning of the indian companies act, 1956, and, though the shares in the capital of the company are under the control of the board of directors, they have been given the liberty to allot, grant option over or ..... present case, no question of piercing the veil can arise in view of the provisions of section 10 of the act which specifically deals with disqualification for membership of persons holding offices under a company in which a government holds shares ..... of the appeal that the two companies were statutory bodies distinct from government, but noted the fact that, at the same time, they were government companies within the meaning of the indian companies act. ..... , he was promoted as superintendent in the year 1964 and was working on that post at the time ..... 's case : [1964]4scr311 : [1964]4scr311 , the position ..... 1964 .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1966Guj40; (1965)6GLR177
..... be it may be that, in some cases, reading all the evidence which the mortgagee may have led, if the court is not in a position to reach any reasonable conclusion, then it may act odium spoliators omnla praesumuntur: the court may draw all presumptions against the mortgagee and, as was done in the aforesaid privy council case, may even visit the mortgagee with the loss of interest. ..... the provision contained in the second paragraph of s, 76 which provides for the consequence which should flow from breach of the performance of the duty laid down in section 70 of the act, it is difficult to agree on principle with the broad proposition that, in every case, where the duly is not performed, the mortgagee must ncur the loss of interest the clause ..... is based upon the breach of the statutory duty imposed upon a mortgagee who takes possession of the mortgagors property as laid down in section 76(g) of the transfer of property act, 1882 (hereinafter called 'the act') section 76 enumerates in all about nine duties which a mortgagee who takes possession of the mortgaged properly must discharge in regard to such a property. ..... this is construed to be a tender, it is quite clear that it would not he a valid tender and would not attract the provisions contained in section 84 unless the tender is found to be of the whole ..... legal ..... after noting the aforesaid contentions addressed io their lordships on behalf of the mortgagee, their lordships recorded at page 87 their findings in the following words: '' .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1964Guj261; 1964CriLJ676; (1964)0GLR255
..... much experience of the procedure of the court, has been appointed to conduct the defence of an 'accused person, it is the duty of the presiding judge to draw his attention to the statutory provisions of section 145 of the indian evidence act, as explained in 42 ind app 135 : '(air 1913 pc 7) and : [1951]2scr729 and no court should allow a witness to be contradicted by reference to the previous statement in writing or reduced to writing unless the procedure set out in section 145 has ..... we are unable to read para 13 of the judgment of the supreme court in the manner in which it has been summarized in head-note (c) because the supreme court has not in fact used the first information report to corroborate. ..... on general principles it would appear to be sound that if a witness is under cross-examination on oath he should be given tne opportunity, if documents are to be used against him, to tender his explanation and to clear up the particular point of ambiguity on dispute. ..... therefore, it becomes necessary to examine as to what is the correct legal position regarding the use to be made of the first information report under such circumstances.55 ..... 73 of 1961, d/- 21-1-1953 : [1964 (1) cri lj 573 s,c), can help us in deciding the question of procedure to be followed when a witness is sought to be contradicted by reference to his statement before the police or by reference to his first information report. 61 ..... 73 of 1961, decided by the supreme court on january 29, 1963 : (1964 (1) cri l j 573). .....
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