Court : Allahabad
Decided on : Dec-22-1970
Reported in : AIR1971All426
Tripathi, J. 1.The appellant is a Co-operative Housing Society registered under the U. P. Co-operative Societies ActNo. II of 1912. A small piece of land measuring about 19 biswas and 6 biswansi is being acquired by the State Government for the Society on the Lucknow-Kanpur road at a distance of four miles from the Charbagh railway station. The Society has already executed an agreement in favour of the State Government in accordance with the provisions of Section 39 of the Land Acquisition Act and has also made the necessary deposit. The validity of the acquisition proceedings which are still pending disposal before the appropriate authority was challenged by the respondents before the Lucknow Bench of this Court in Civil Misc. Writ No. 786 of 1970. The appellant Society was not made a party to the aforesaid writ petition. Accordingly the appellant Society applied for being impleaded as a party to the writ petition, inter alia, on the assertion that it was a necessary party to the proc...
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-15-1970
Reported in : AIR1971SC530; (1971)1SCC85; [1971]3SCR9
ORDERIn exercise of the power vested in him under Article 366(22) of the Constitution, the President hereby directs that with effect from the date of this Order His Highness Maharajdhiraja Madhav Rao Jiwaji Rao Scindia Bahadur do cease to be recognised as the Ruler of Gwalior. align='right'>By order and in the name of the President.Sd./-L. P. SINGHSecretary to the Government of India2. All these orders were notified together in the Gazette of India of September 19, 1970, Part II. They resulted in the forthwith stoppage of the Privy Purses received by the Rulers and the discontinuance of their personal privileges.3. These writ petitions under Article 32 of the Constitution were filed by some of the Rulers as test cases to question the orders. They ask for a writ, direction or order, declaring the Presidential Order to be unconstitutional, mala fide, ultra vires and void, and for quashing it, a writ, direction or order declaring that the several petitioners continue to be Rulers and thus...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-14-1970
Reported in : AIR1972AP62
Chinnappa Reddi, J.1. This Civil Revision Petition has been referred to a Division Bench by our brother Ramachandra Rao, J. as he was of the view that it raised an important question.2. Pending decision of a suit filed by the respondent for maintenance, past and future, against her husband, she filed an application, purporting to be under Section 151, Civil P. C. and S. 18 of the Hindu Adoptions and Maintenance Act, for a direction to her husband that he should pay her a sum of Rs. 150/- per month towards interim maintenance. The husband opposed the application as not maintainable as he was contesting her very right to maintenance in the suit. He also submitted that he has already obtained a decree for restitution of conjugal rights against his wife and no award of maintenance could, therefore, be made against him. The learned Subordinate Judge overruled the objection regarding the maintainability of the petition and awarded interim maintenance at the rate of Rs. 30/- per months. Aggri...
Tag this Judgment!Court : US Supreme Court
Decided on : Dec-08-1970
Hickel v. Oil Shale Corp. - 400 U.S. 48 (1970) U.S. Supreme Court Hickel v. Oil Shale Corp., 400 U.S. 48 (1970) Hickel v. Oil Shale Corp. No. 25 Argued October 22, 1970 Decided December 8, 1970 400 U.S. 48 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT Syllabus The General Mining Act of 1872 provided that, until a patent issued for a mineral location on lands belonging to the United States "not less than $100 worth of labor shall be performed or improvements made during each year," and that a patent could issue on a showing that the claimant had expended $500 of labor or improvements on the claim. Failure to do the assessment work generally entitled others to relocate the claim. Under the Mineral Lands Leasing Act of 1920, lands theretofore open to location and acquisition of title became available only on a lease basis, but a Saving Clause covered valid claims existent on February 25, 1920, "and thereafter maintained in compliance with the laws unde...
Tag this Judgment!Court : Gujarat
Decided on : Nov-26-1970
Reported in : [1971]27STC326(Guj)
Mehta, J. 1. The question involved in both these references is whether distribution of some of the manufactured goods as free samples amounts to any use, which is contrary to the purpose mentioned in the certificated issued in form No. 15 for the purpose of deduction contemplated by section 12(1)(b) of the Bombay Sales Tax Act, 1959 (hereinafter referred to as 'the State Act') or in form 'C' under section 8(4) of the Central Sales Tax Act, 1956 (hereinafter referred to as 'the Central Act'). 2. Short facts leading to both these references are as under : The applicant in both references is a firm known as M/s. Ruby Laboratories. It is manufacturing medicines for sale and is registered under the State Act as well as the Central Act. It also hold recognition certificate contemplated by the section 12 of the State Act and, therefore, there is no dispute about the fact that it is a recognised dealer within the meaning of section 2(23) of the State Act. It is found that during the assessment...
Tag this Judgment!Court : Kerala
Decided on : Nov-17-1970
Reported in : [1972]84ITR119(Ker)
Govindan Nair, J. 1. On the application of the Commissioner of Income-tax, the Income-tax Appellate Tribunal, Madras Bench ' B ', drew up a statement of the case and have referred the following questions for our decision.' 1. Whether, on the facts and in the circumstances of the case, the objects of the Arya Vaidya Sala constitute a charitable purpose within the meaning of Section 2(15) of the Income-tax Act, 1961 2. Whether, on the facts and in the circumstances of the case, the assessee is entitled to exemption on the 25% of the profits devoted to the development of Arya Vaidya Sala ? 3. Whether, on the facts and in the circumstances of the case, the Tribunal was right in deleting the additions of the sums of Rs. 8,331 and Rs. 27,506 made in the assessment year 1962-63 and Rs. 7,678 and Rs. 36,224 made in the assessment year 1963-64? ' 2. This reference is a composite one and relates to income-tax of the income of an institution known as the Arya Vaidya Sala for the two assessment y...
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-21-1970
Reported in : AIR1971SC385; (1970)2SCC484; [1971]1SCR863
CIVIL APPELLATE JURISDICTION: Civil Appeal.No. 2259 of 1969. Appeal under s. 38 of the Advocate's Act, 1961 from the order dated October 26, 1969 of the Disciplinary Committee of the Bar Council of India in D.C. Appeal No. 18 of 1968. C. K. Daphtary, A. S. R. Chari, J. B. Dadachanji, O. C. Mathur, Ravinder Narain and S. Swarup, for the appellant., V. S. Desai and B. D. Sharma,, for respondent No. 1. M. C. Bhandare and S. B. Wad, for Respondent No. 2. V. A. Seyid Muhammad and S. P. Nayar, for. Attorney- General for India.A. V. Rangam, for Advocate-General for the Tamil Nadu. M. C. Setalvad, Rameshwar Nath, for Bar Council of India. O. P. Rana, for Advocate-General for the State of U.P. A. G. Pudissery, for Advocate-General for the State of Kerala.K. Baldev Mehta, for Advocate-General for the State of Rajasthan.A. P. S. Chauhan, A. D. Mathur and N. P. Jain, for Bar Council U.P.Sukumar Ghose and G. S. Chatterjee, for- the Advocate General for the State of West Bengal.P. Parmeswara Rao, fo...
Tag this Judgment!Court : Kerala
Decided on : Aug-14-1970
Reported in : AIR1971Ker98
Raman Nayar, C.J. 1. The Kerala Land Reforms Act, 1963 (Act 1 of 1964) as originally enacted (the original Act as we shall call it) finds a place in the NinthSchedule to the Constitution -- see Item 39 -- and therefore has the protection of Article 31-B. It has been amended three times, first by Act 12 of 1966, then by Act 9 of 1967, and now by Act 55 of 1969, the amendments made by the last mentioned Act (which we shall call the amending Act) being far-reaching. (To the 132 sections in the original Act, over 50 new sections have been added while over 60 sections have been amended. To the 62 definitions 10 have been added while 20 have been amended. The amended Act is therefore virtually a new piece of legislation). The first of these was enacted by the President while the remaining two have received his as sent -- it has been contended not in the free and proper exercise of his judgment, but, of course, we cannot go into that-- but none of them has been included in the Ninth Schedule....
Tag this Judgment!Court : Kolkata
Decided on : Aug-14-1970
Reported in : AIR1971Cal150
ORDERS.C. Deb, J.1.This suit was filed by the plaintiff with leave under Clause 12 of the Letters Patent on 12th September, 1963, claiming Rs. 26,721/- as outstanding balance of freight payable by the defendant with interest thereon in respect of a cargo of coal carried by the plaintiff in Voyage No. 31 by the vessel 'JAG SEVAK'.2. In the plaint it is, inter alia, alleged that the Chief Commercial Superintendent of Eastern Railway Administration on behalf of the defendant shipped 7730 metric tons of steam coal on board the plaintiff's said vessel 'JAG SEVAK' for being carried by the plaintiff from the port of Calcutta and for being delivered at the Port of Cochin to the Southern Railway Administration of the defendant. The plaintiff duly carried the said cargo by that vessel under a Bill of Lading dated November 10, 1960 and duly delivered those goods to the defendant's said Railway Administration at the Port of destination on 25th November, 1960.Under the Bill of Lading the total frei...
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-10-1970
Reported in : AIR1970SC2079; 1970(0)KLT630(SC); (1970)2SCC417; [1971]1SCR734
M. Hidayatullah, C.J.1. These appeals by certificates granted by the High Court of Kerala under Articles 132(1) and 133(1)(c) of the Constitution are directed against a common judgment, September 19, 1969, declaring certain provisions of the Kerala University Act, 1969 (Act 9 of 1969) to be ultra vires the Constitution of India while upholding the remaining Act as valid. They were heard together. This judgment will dispose of all of them. The validity of the Act was challenged in the High Court by diverse petitioners in 36 petitions under Art. 226 of the Constitution. Some parts of the Act were declared ultra vires the Constitution As a result there are cross appeals. 36 appeals have been filed against the several petitioners by the State of Kerala. Another 36 appeals have been filed by the University of Kerala which made common cause with the Government of Kerala. 7 appeals have been referred by seven original petitioners, who seek a declaration that some other provisions of the Act, ...
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