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Court : Mumbai
Decided on : Jan-11-1977
Reported in : 1978CriLJ423
Shah, J.1. This petition under Article 227 of the Constitution arises out of an action taken against the petitioner under the provisions of the Essential Commodities Act, 1955 (for brevity's sake called 'the Act'). The petitioner is a trader dealing in sale and purchase of foodgrains at Dhulia and holds a valid licence for the same. On Jan. 31, 1975 the Assistant District Supply Officer searched his premises and found 39 bags of wheat and 52 bags of Bajra. On being questioned by the officer, the petitioner informed him that he had purchased the wheat in the market yard and the Bajra belonged to one Narayansing Lotusing Pardeshi of village Rajwal, and he was in possession thereof under an agreement of sale and that the same was brought in Dhulia by the said Pardeshi at about 8-30 p. m. on the previous day, that is, on January 30, 1975. It appears that this import was supported by an octroi receipt and the 52 bags of Bajra brought thereunder were actually brought to the petitioner's shop...
Tag this Judgment!Court : Kolkata
Decided on : Jan-18-1977
Reported in : AIR1977Cal117
ORDER1. In this application, the petitioner, who is an elected member of the Kankuria Anchal Panchayat (hereinafter referred to as the said Panchayat), has impeached an order dated December 31. 1976 (Annexure B), whereby in terms of a notification issued under Section 67 of the West Bengal Panchayat Act, 1957 (hereinafter referred to as the said Act), the said Panchayat has been superseded for a period of one year from January 3, 1977. The said order was made on the basis of and under an order dated December 21, 1976 (Annexure 'A'), which the petitioner has also challenged.2. Admittedly the petitioner is not the elected Prodhan of the said Panchayat and he has contended that because of abscondence of the erstwhile Prodhan of the said Panchayat and two other members, the same has suffered much and in fact such sufferings continued till the election of one Shri Pasupati Tah, Respondent No. 7 as Prodhan on the basis of a meeting convened in March 1972 with the prior approval and sanction ...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-25-1977
Reported in : AIR1977P& H268
O. Chinnappa Reddy, C.J.1. The appeal under Clause 10 of the Letters Patent and the Civil Writ Petition may be disposed of by a common judgment. We proceed to do so.2. In 1966, the Government of Punjab announced its 'New Policy' in regard to Industrial Development and issued a brochure containing the details of the 'New Policy'. It was stated in the brochure that though Punjab had made considerable progress in 'Small Scale Industry', the State was lagging behind in 'Large Scale Industry.' As it was felt that 'Large Scale Industries' were necessary for the survival of 'Small Scale Industries', the Government announced that 'a package of incentives' would be given to those setting up selected industries at any of the three 'focal points' of Dhandari Kalan, Rajpura and Mohali. The concessions and incentives offered, according to the brochure, were:(1) Land to be acquired at focal points and price to be paid in easy instalments, interest being calculated at 4 per cent; the facility to be e...
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-27-1977
Reported in : AIR1977SC915; (1977)2SCC548; [1977]2SCR790
P.N. Bhagwati, J.1. Civil Appeals Nos. 1132-1164 of 1976. This is a group of appeals preferred by certain land- holders in the State of Maharashtra against the judgment of the Bombay High Court upholding the constitutional validity of the Maharashtra Agricultural Lands (Ceiling of Holdings) Act, 1961 (hereinafter referred to as the Principal Act) as amended by the Maharashtra Agricultural Lands (Lowering of Ceiling of Holdings) (Amendment) Act, 1972 (hereinafter referred to as the Maharashtra Act 21 of 1975), the Maharashtra Agricultural Lands (Lowering of Ceiling of Holdings) (Amendment) Act, 1975 (hereinafter referred to as Maharashtra Act 47 of 1975) and the Maharashtra Agricultural Lands (Ceiling of Holdings) (Amendment) Act, 1975 (hereinafter referred to as Maharashtra Act 2 of 1976). The Principal Act was enacted by the Maharashtra Legislature in implementation of the Directive Principles of State Policy contained in Clauses (b) and (c) of Article 39 of the Constitution. It impos...
Tag this Judgment!Court : Delhi
Decided on : Jan-27-1977
Reported in : ILR1977Delhi411; 1977RLR264
Avadh Behari Rohatgi, J.(1) These are six writ petitions. All of them involve one point namely, the Governments power of requisitioning under the Requisitioning and Acquisition of Immovable Property Act of 1952 (the Act). This judgment will govern them all.(2) In 1966 Shri B. N. Tandon, Collector Delhi issued notices under Section 3 of the Act in respect of four houses in Delhi. One house was A I/a, situated in Model Town. The second one was at Lucknow Road. The third one was 28/8, Shakti Nagar. Anthe fourth one was also in Shakti Nagar and numbered 1 1 /10.(3) The notices issued by the Collector under Section 3 of the Act in all these cases were very much identical. In the notice the Collector said : 'INexercise of the powers conferred by sub-section (2) of Section 3 and by Section 4 of the said Act, I, B. N. Tandon, Collector, Delhi being a competent authority under the said Act having been satisfied tht it is necessary and expedient so to do. I do hereby requisition the said propert...
Tag this Judgment!Court : Rajasthan
Decided on : Jan-28-1977
Reported in : 1977WLN(UC)137
M.L. Joshi, J.1. These two writ petitions challenge the validity of the levy as the octroi on the petroleum products by the Municipal Council Jodhpur sell from depot of the Indian Oil Corporation at Jodhpur, hereinafter called the respondent No. 2 to its retail outlets viz Dangiavas and Mogda. The petitions are based on almost identical facts and involve common questions of law and so they are being disposed of by a single judgment.2. As the facts and points involved in both the writ petitioner are almost similar it will be sufficient to narrate facts from writ petition NO. 17/76 Parekh Automobiles v. Municipal Council Jodhpur and Anr. as the decision in this case will govern the decision in the another writ petition also.3. The petitioner Parekh Automobiles Co., has a retail outlet for the sale of petroleum products at Dangiavas. The petitioner has been allotted retail outle by the respondent No. 2 for sale of petroleum products such as diesel oil, mobile oil etc. at Dingiavas which i...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-31-1977
Reported in : AIR1977P& H141
S.S. Sandhawalia, J.1. The significant question of law before this FullBench on a reference has been succinctly formulated in the following terms:--'Whether a female who is possessed of Land under a gift made by a limited owner prior to the enforcement of the Hindu Succession Act becomes full owner after the enforcement of the Act?'The salient facts from which the issue arises are hardly in dispute. The original male owner of the suit land was one Matu. On his death his wife Smt. Sunder succeeded to his estate as a limited owner. However, she absolutely gifted one-half share in Khewat No. 58 in favour of her husband's brother's daughter Smt. Parmeshwari defendant and the mutation in respect thereof was sanctioned on the 28th of August, 1953. The donee was apparently put in possession of the said property. The Hindu Succession Act came into force on the 17th of June, 1956 and about 5 years thereafter Smt. Sunder, the donor, died some time in 1961. A suit was then brought on the 2nd of M...
Tag this Judgment!Court : Gujarat
Decided on : Jan-31-1977
Reported in : [1977]109ITR177(Guj)
D.A. Desai, J.1. Company Petitions Nos. 10 and 12 of 1975 are filed by Wood Polymer Limited and Bengal Hotels Private Limited, respectively, under Section 391(2) of the Companies Act, praying for according sanction to a scheme of amalgamation of the afore-mentioned two companies. Wood Polymer Limited is a public limited company and it is the transferee-company. Bengal Hotels Private Limited is a private limited company and is the transferor-company. The scheme submitted to the court for sanction involves amalgamation of the transferor-company with the transferee-company and amongst others it envisages dissolution of the transferor company without winding up.2. Transferor-company and transferee-company both filed separate Company Applications Nos. 40 of 1974 and 41 of 1974, respectively, requesting the court to give directions for convening meetings of the creditors and members to whom compromise and/or arrangement was offered. In the case of the transferee-company, J. B. Metha J. by hi...
Tag this Judgment!Court : US Supreme Court
Decided on : Feb-22-1977
Whalen v. Roe - 429 U.S. 589 (1977) U.S. Supreme Court Whalen v. Roe, 429 U.S. 589 (1977) Whalen v. Roe No. 75-839 Argued October 13, 1976 Decided February 22, 1977 429 U.S. 589 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK Syllabus Responding to a concern that drugs were being diverted into unlawful channels, the New York Legislature, in 1972, enacted a statutory scheme to correct defects in the previous law. The 1972 statute classifies potentially harmful drugs and provides that prescriptions for the category embracing the most dangerous legitimate drugs (Schedule II) be prepared on an official form. One copy of the form, which requires identification of the prescribing physician, dispensing pharmacy, drug and dosage, and the patient's name, address, and age, must be filed with the State Health Department, where pertinent data are recorded on tapes for computer processing. All forms are retained for a five-year period under a system to...
Tag this Judgment!Court : US Supreme Court
Decided on : Feb-23-1977
Delaware Tribal Business Committee v. Weeks - 430 U.S. 73 (1977) U.S. Supreme Court Delaware Tribal Business Committee v. Weeks, 430 U.S. 73 (1977) Delaware Tribal Business Committee v. Weeks No. 75-1301 Argued November 10, 1976 Decided February 23, 1977 * 430 U.S. 73 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA Syllabus The Delaware Indians, who originally resided in the Northeastern United States, were gradually forced to move westward in the 19th century, and the tribe became geographically scattered. One group (the Cherokee Delawares), which initially had settled on a Kansas reservation as part of the tribe's main body, eventually moved to "Indian Country" in Oklahoma, became assimilated with the Cherokees, and is today a federally recognized tribe. Another group (the Absentee Delawares), which never joined the main body in Kansas, but migrated to Oklahoma and settled with the Wichita and Caddo Indians, is also a federally recognize...
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