Court : Madhya Pradesh
Reported in : AIR1963MP160
..... the learned judges held that where during the life time of her former husband a woman lived with another man and the former husband did not move a little finger of his to set her restored to him either by action for restitution of conjugal rights or in criminal proceedings for adultery this indicated a conduct that the former ..... this question as regards the manner and extent of presumption in cases of long co-habitation between a man and woman has been considered by the madhya bharat high court in a case reported in bahadursingh v ..... in that case there was long cohabitation between a sikh man and a woman whose former husband was alive when they began to live ..... is clear from these observations that long cohabitation between a man and a woman raises a clear presumption of marriage particularly where they lived as husband- and wife and the children were born and where these children were treated as the children of the man by the community. ..... that the fact that a woman was living under the control and protection of a man, who generally lived witn her and acknowledged her children as his will raise a strong presumption that she is the wife of that man. ..... woman was accepted as a wife of the, sikh man in the community. ..... mulla's hindu law at page 616 it is stated on this subject as follows:'similarly, the fact that a woman was living under the control and protection of a man who generally lived with her and acknowledged her children raises a strong presumption that she is the wife of that man. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1961SC1821; [1962]1SCR836
..... a phenomenon is said to be happening from time immemorial when the date of its commencement is not within the memory of man or the date of its commencement is shrouded in the mists of antiquity. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1972SC656; 1972CriLJ473; (1972)4SCC625; 1972(4)LC304(SC)
..... it may also be that having seen that the man was collapsing at his door step, the appellant invented the story. ..... they are not highly poisonous to man though they can be absorbed readily through the skin. ..... hill had estimated the mean lethal dose for man to be between 150 and 600 mg. ..... the accused is a family man with a wife, one daughter and three sons. ..... in the case of endrin he added that 0.2 to 0.25 gram per kilogram of the weight of the person is sufficient to cause compound convulsion in a man.21. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1997SC2766; JT1997(5)SC663; 1997(4)SCALE368; (1997)10SCC441; [1997]3SCR421; 1997(2)LC362(SC)
orderk. ramaswamy and g.b. pattanaik, jj.1. viceregal lodge at shimla is a harbinger of colonial past, with architecturally grandeur and beauty of elizabethian era and stands a mute witness to the transition of independence to the people of india after sustained non-violent struggle by the father of the nation, mahatma gandhiji. three historical meetings between colonial administration and the india leaders took place to discuss the issue of the india independence under the leadership of mahatma gandhiji, viz., (i) in june-july 1946 - the historical cabinet mission of the india leaders; (ii) in may-june 1947; and (iii) the final one wherein historical decision was taken by louis mountbaten for transition of the power conveying the proposal to the indian leaders through pandit jawaharlal nehru; that was followed by grant of independence to the nation and the worst holocaust of communal disturbance due to partition of the great ancient nation into india, i.e., bharat, and pakistan.2. the journey of simla, summer capital of the supreme government, started in 1827 by the first governor general, earl of amherst and viceregal lodge, the official residence built by the 17th viceroy, earl dufferin, was occupied on july 23, 1888. though lord dufferin and lady dufferin personally supervised its taking finished shape, its completion work went on till september 1988 which had the present shape of the building given by earl of marquis of lansdowne till 1889 - the only viceroy who .....
Tag this Judgment!Court : Delhi
Reported in : 2008(2)ARBLR42(Delhi)
pradeep nandrajog, j.1. above captioned appeals arise out of 2 identically worded orders of even date 2.03.2006 passed by the learned additional district judge dismissing the objections filed by the appellant under section 34 of the arbitration & conciliation act, 1996 against the award dated 11.4.1995. 2. brief facts which are necessary to dispose of the present appeals are that respondent no. 1 mr. shiv khullar, the sole proprietor of m/s. shivam enterprises and m/s. khullar enterprises was the owner of two premises bearing municipal nos. 30 & 32, main market, lodhi road, delhi. 3. respondent no. 1 acting as sole proprietor of m/s. shivam enterprises and m/s. khullar enterprises entered into 2 agreements dated 1.10.1998 with appellant company m/s. hindustan lever ltd. both the agreements were identically worded save and except, one agreement pertained to m/s. shivam enterprises and premises bearing no. 30, main market, lodhi road, delhi and the other related to m/s. khullar enterprises and premises bearing no. 32, main market, lodhi road, delhi. 4. as per the agreement respondent no. 1 agreed to provide his premises to the appellant company for the use of its products. respondent was required to receive the stock of kwality ice creams (a product of appellant company, store the same in the premises and further deliver the same to the vending distributors of the appellant company). it was the responsibility of the respondent no. 1 to maintain the vending carts and motorized .....
Tag this Judgment!Court : Rajasthan
Reported in : 1970WLN778
l.n. chhangani, ag. c.j.1. this application raising a question relating to the interpretation of the words 'within such period, not being less than 30 days, as may be specified in the notice' in section 34 sub-section (2) of the rajasthan agricultural income tax act, 1953 (hereinafter referred to as the act) has been referred to this full bench by a division bench. the reference has been made as the bench hearing the writ application did not feel inclined to agree with the interpretation of similar words namely, 'within a period of not less than one month' in section 14(2) of the rajasthan municipalities act (hereinafter to be referred to as the municipalities act), and 'within a period of not less than one month' used in section 3(2) of the rajasthan agricultural produce markets act, 1961 (hereinafter referred to as the markets act) in two earlier bench decisions of this court in suresh chandra and ors. v. birdhi chand and ors. ilr (1965) (15) raj 793 and bhikam chand and ors. v. the state and another ilr (1965) 15 raj 897, and entertained doubts about the soundness of the view adopted in these two cases and considered necessary an examination of the controversy by a full bench.2. the facts relevant for deciding the writ application as also answering the reference may be stated as follows:3. on the 27th of january, 1960, a notice was issued against thakur mangal singh the predecessor-in-interest of the petitioner bhupendra singh under section 54 of the act calling upon him .....
Tag this Judgment!Court : Chennai
Reported in : AIR1944Mad447
orderkuppuswami ayyar, j.1. accused 1, 2 and 4 in c.c. no. 455 of 1942 on the file of the stationary sub-magistrate of trichinopoly seek to have the order of the sub-divisional magistrate of trichinopoly in c.a. no. 11 of 1943 confirming the conviction of these three accused for the offence punishable under section 8, madras gaming act, and the sentence of rs. 50 on accused 1 and 2, rs. 20 on the 4th reversed. they were tried along with another accused. the prosecution case was that accused 1 and 2 were running the gaming house and that accused 3 and 4 were their servants. the game was one of darts. this is how the game was said to have been played. a board with a number of squares in six colours is kept leaning against the wall. on a table near it is placed a board showing the same six colours. if a person places money on any of those colours on the table he will be given three darts. if he throws the darts and strikes the colour on which he has placed his money he will be given twice the amount staked by him on that colour. apart from the person who throws the dart others also could take part in the game. that is what is described as side betting in the judgment of the lower court. persons other than those throwing the darts should place their money on any colour other than the colour chosen by the person who throws the darts. if the thrower throws the darts on any of the colours on which they have placed the money they will be entitled to get double the amount staked. the .....
Tag this Judgment!Court : Chennai
Reported in : (1993)2MLJ298
orderabdul hadi, j.1. c.m.a. no. 483 of 1993 is by the respondents 2 and 3 in company petition no. 59 of 1992 on the file of the company law board, principal bench, new delhi, under section 10-f of the companies act, 1956 (hereinafter referred to as 'the act'): the said c.p. no. 59 of 1992 is under sections 397 and 398 of the act, seeking relief on the basis of oppression and mismanagement by the appellants herein in the administration of the senka carbon private limited, the 2nd respondent herein (1st respondent in the company petition) (hereinafter referred to as 'the company'). the said company petition was filed on 11.11.1992 by the 1st respondent, viz., m/s. shree consultations & services private limited, a corporate member of the abovesaid company, holding about 700 shares in the company. the civil miscellaneous appeal is only against the order dated 14.5.1993 in so far as it holds that the said company petition is maintainable. the said finding regarding the maintainability of the company petition was given by the company law board since the appellants herein raised a preliminary objection, challenging the maintainability of the company petition on the ground that the 'consent' of other members of the said company as show in annexure ii to the company petition, is not a valid consent within the meaning of that term under section 399(3) of the act and that therefore, the said company petition: is not supported by requisite share holding as contemplated in section 399 .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1953Cal243,56CWN797
orderk.c. chunder, j.1. these are two petitions in revision by a landlord against two appellate judgments ofthe judge of the sixth bench of the court of small causes calcutta, reversing in appeal an order of the first additional rent controller.2. an application was filed before the rent controller by the tenant for fixation of standard rent. the premises in question, it is admitted by both parties, form part of a larger building not yet entirely constructed and those premises and the portion of the building up to now constructed were all constructed after 31-12-1949. the rent controller directed fixation of rent under sections 9 (1) (e) or 9 (1) (g). as i have already pointed out in another decision, two sub-clauses of the same section cannot be applied to the same proceeding in the proceedings it is not clear whether he actually applied clause (e) or clause (g) of section 9 (1).3. both the landlord and tenant appealed. there were two appeals. hence two revisions. in both the appeals the appellate court directed that the fixation must be under section 9(1)(f) and remanded the case for the purpose of such fixation.4. the point now raised by the landlord in both the revision cases is that section 9(1)(f) does not apply.5. section 9(1)(f) has to be applied in the case of fixation of rent of all buildings constructed wholly or substantially after 31-12-1949. the actually completed work of construction may be at the time of either the entire building or of a part of the building. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1960Cal646,66CWN304
ordersinha, j. 1. the petitioner in this case is the katras jharia coal co. ltd. a company incorporated under the indian companies act. mousas seebpore and koithi, sub-registry ranigunj, thana ranigunj in the district of burdwan, appertained to the zamindary of the maharaja of burdwan. in the year 1864-65 it was granted as a patni tenure to one ram krishna chatterji by a patta. by the year 1895, after many devolutions, the interest came to be held by one purno chandra daw. by an indenture of lease dated the 26th july, 1895 purno chandra daw demised the lands and collieries mentioned in the said indenture of lease to the katras jharia coal co. ltd., upon a permanent lease. the indenture of lease purports to demise to the petitioner company, the lands hereditaments and premises known as the 'seebpore and koithi collieries' together with all lands of every description and tenure, belonging to or held with, the seebpore and koithi collieries, as also all mines beds and seams of coals and other mines and minerals whatsoever situated or lying in or under the said lands, and the other rights mentioned in the said indenture of lease. by an agreement dated 1st june, 1901 as modified by a further agreement dated 30th. march, 1955 the petitioner granted and demised by way of a sub-lease to the seebpore coal co. ltd. a part and parcel of the coal mining rights in mouza koithi comprising an area of 986 bighas. so far as the surface lands of the said collieries are concerned, the .....
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