Court : Mumbai
Decided on : Feb-24-1969
Reported in : AIR1970Bom312; (1969)71BOMLR569; ILR1969Bom1024; 1969MhLJ798
1. This second appeal raises novel and difficult points with regard to the relations between a modern educated husband and his wife in Hindu Society.2. The appellant in this appeal is the husband Dr. Narayan Ganesh Dastane. The respondent is his wife Mrs. Sucheta Narayan Dastaoe. They were married according to Vedic rites on May 13, 1956 in Poona. A daughter Shobha was born on March 11, 1957, a second daughter Vibhavari was born on March 20, 1959, and before the third daughter. Prabha was delivered, the husband and wife unfortunately fell out as it is undisputed that they have been living separately from each other since March 1961.3. On February 19, 1962, the appellant filed the petition from which the present second appeal arises. In that petition the appellant prayed in the first instance for a declaration annulling the marriage under Section 12(1)(c) of the Hindu Marriage Act on the ground that the consent of the husband for the marriage was obtained by fraud. According to the husb...
Tag this Judgment!Court : Orissa
Decided on : Feb-28-1969
Reported in : AIR1969Ori268; 35(1969)CLT411; 1969CriLJ1414
ORDERS.K. Ray, J. 1. This is an application seeking to review the operative part of the judgment of this Court dated 23th November, 1967, passed in Cr. Revn. No. 298/66. The operative part of the judgment contained in its last paragraph runs as follows: 'Learned counsel for the petitioner however, states that the accused has already undergone a part of the substantive sentence and that he had had sufficient harassment since the prosecution was launched. While, therefore, maintaining the conviction of the petitioner under Section 420, I. P. C., I would reduce his substantive sentence to the period already undergone, and maintain the sentence of fine, and with this modification in the sentence, the revision is dismissed.'2. Cr. Revision No. 298/66 was filed by the accused-opposite-party against the confirming order of conviction and sentence dated 28-4-66 passed by Sri S.K. Patra, Sessions Judge of Puri by which he was convicted under Section 420 IPC., and sentenced to R. I. for two mont...
Tag this Judgment!Court : US Supreme Court
Decided on : Mar-03-1969
Utah v. United States - 394 U.S. 89 (1969) U.S. Supreme Court Utah v. United States, 394 U.S. 89 (1969) Utah v. United States No. 31, Orig. Decided March 3, 1969 394 U.S. 89 ON EXCEPTIONS TO SPECIAL MASTER'S REPORT Syllabus In this dispute between the United States and Utah over ownership of the Great Salt Lake, the Special Master refused to permit the intervention by Morton International, Inc., a claimant to part of the property, because Utah had not waived its sovereign immunity as to Morton's suit. Held: The Special Master's Report will be placed on file and his denial of intervention is approved, since a Stipulation entered into between Utah and the United States has so limited the issues that the presence of Morton and other private claimants is neither necessary nor appropriate. PER CURIAM. We are called upon to deal with exceptions filed by Morton International, Inc., which protests the decision by our Special Master, Senior Circuit Judge J. Cullen Ganey, denying i...
Tag this Judgment!Court : Mumbai
Decided on : Mar-03-1969
Reported in : AIR1970Bom385; (1969)71BOMLR758; 1970CriLJ1427; ILR1970Bom464
ORDER1. The short point that arises for consideration in this Reference is as to the precise scope of Section 197 of the Code of Criminal Procedure and whether In the circumstances of this case cognizance of the complaint under Section 500, Indian Penal Code, could have been taken by the Magistrate in the absence of sanction by the State Government. The learned Magistrate held that he could. The II Addl. Sess. Judge, Thana, however, ruled otherwise and has made this Reference under Section 438, Cr. P. C. 2. The brief facts giving rise to the present Reference are as follows: The complainant claims to be an advocate and a member of the Kalyan Municipality and a social worker. On 3-1-1968 he filed the present complaint against the two accused alleging that they committed an offence under Section 500, I.P.C.. on 2-1-1968 at about 6-30 p.m., when accused No. 1 performed the opening ceremony of a centre of distributing milk powder at Kalyan, at the instance of the local Rotary Club. Accused...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-19-1969
Reported in : AIR1970P& H93
Mehar Singh, C.J. 1. On the death of Harnam Das, his land, situate in village Barod, in Tehsil Jind of Sangrur District, was mutated one-half in the name of his widow Subhagan, respondent 1, and the other half in the name of his son, Ranjit Singh. The total area of the land was 142 Bighas and 17 Biswas. So half of that, that is to say, a few Biswas over 71 Bighas was mutated in the name of Ranjit Singh. No partition had taken place between the mother and the son. On February 16, 1949, Ranjit Singh sold 65 Bighas and 8 Biswas of land, out of the total holding of 142 Bighas and 17 Biswas, to Ajit Singh appellant by a registered sale deed. The area sold was both irrigated, whether by canal or well, and unirrigated. Ranjit Singh said in the sale deed that he was the sole owner of the whole land, but because of the Ruler's circular in the former Jind State with regard to the rights of widows in Hindu families, half of the land from the inheritance of his father had been mutated in the name ...
Tag this Judgment!Court : Chennai
Decided on : Mar-28-1969
Reported in : (1970)1MLJ19
M. Anantanarayanan, C.J.1. This appeal is instituted by the Union of India, represented by the Secretary, Ministry of Communications, New Delhi, and the General Manager, Telephones, Madras from the judgment of our learned brother Venkatadri, J., in W.P. No. 2122 of 1966, striking down the recently enhanced Telephone tariff. I might immediately state that the entire Judgment proceeds upon two bases, or comprehensive considerations, both of which have now become academic, or inapplicable. Firstly, in striking down this enhancement of the tariff the learned Judge was largely influenced by the fact that the increased revenue, thereby secured, was sought to be utilised to cover the deficits in the Posts and Telegraph Department. The learned Judge thought that this was illegitimate and inadmissible. To quote:The Posts and Telegraphs Department consists of various units, such as postal, telegraph, radio and telephone units. Each department or wing is a separate unit by itself, with regard to ...
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-16-1969
Reported in : AIR1970SC1; (1970)72BOMLR179; 1970MPLJ127(SC); (1969)2SCC74; [1970]1SCR322
A.N. Grover, J.1. This is an appeal by special leave from a judgment of the division bench of the Bombay High Court. The only question for decision is whether the High Court could interfere under Articles 226 & 227 of the Constitution with the order of the appellate court in proceedings under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, hereinafter called the 'Act', when a petition for revision under Section 115, Civil Procedure Code, against the same order had been previously dismissed by a single Judge of that court.2. The appellant is the owner of a house in Poona. The respondent, who was a teacher, was the tenant of a block of four rooms on the first floor of the house. In 1958 he was transferred to another town Wai where he was allotted suitable residential accommodation. His son, however, stayed on in Poona as he was studying there. The appellant filed a suit in the court of Judge, Small Causes, under the provisions of the Act for possession of the suit prem...
Tag this Judgment!Court : US Supreme Court
Decided on : Apr-28-1969
United States v. Bacto-Unidisk - 394 U.S. 784 (1969) U.S. Supreme Court United States v. Bacto-Unidisk, 394 U.S. 784 (1969) United States v. An Article of Drug . . . Bacto-Unidisk No. 343 Argued January 23, 1969 Decided April 28, 1969 394 U.S. 784 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT Syllabus Antibiotic sensitivity disc used as laboratory screening test to help determine proper antibiotic drug to administer to patients held not merely a "device" but a "drug" within definition of 201(g)(1)(B) of the Federal Food, Drug, and Cosmetic Act, and thus subject to pre-market clearance regulations issued pursuant to 507 of the Act. Pp. 394 U. S. 791 -801. 392 F.2d 21, reversed. MR. CHIEF JUSTICE WARREN delivered the opinion of the court. At issue here is the scope of the statutory definition of drug contained in the Federal Food, Drug, and Cosmetic Act and the extent of the Secretary of Health, Education, and Welfare's regulatory authority und...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Apr-28-1969
Reported in : AIR1970P& H379
1. This is a petition under Articles 226 and 227 of the Constitution by four petitioners, namely, Mr. Jai Singh Rathi, Mr. Mahant Ganga Sagar, Mr. Ganpat Ram and Mr. Fateh Chand Vij, Petitioners 1 to 4, all members of the Haryana Legislative Assembly, for a writ, order or direction to quash the proceedings of the Haryana Vidhan Sabha of February 5, 1969 during the course of which the petitioners were suspended for the remainder of the session of the Legislative Assembly, and for quashing all the subsequent proceedings of the Legislative Assembly leading to the passage of the appropriation bill for the year 1969-70 on February 12, 1969. The respondents to the petition are the State of Haryana, Mr. Bansi Lal, Chief Minister of Haryana, Mr. Ran Singh, Mr. Speaker of the Haryana Legislative Assembly, Secretary of the Haryana Vidhan Sabha, and Smt. Chandra Vati and Mr. Banarsi pass Gupta, members of the Haryana Legislative Assembly, respondents 1 to 6.2. There was a mid-term poll In Haryana...
Tag this Judgment!Court : US Supreme Court
Decided on : May-19-1969
Zenith Radio Corp. v. Hazeltine Research, Inc. - 395 U.S. 100 (1969) U.S. Supreme Court Zenith Radio Corp. v. Hazeltine Research, Inc., 395 U.S. 100 (1969) Zenith Radio Corp. v. Hazeltine Research, Inc. No. 49 Argued January 22, 1969 Decided May 19, 1969 395 U.S. 100 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT Syllabus Upon the expiration in 1959 of petitioner, Zenith's, license agreement with Hazeltine Research, Inc. (HRI), which permitted Zenith to use all of HRI's so-called standard package license, Zenith refused to renew, asserting that it no longer required a license. HRI brought a patent infringement suit in November, 1959. Zenith's answer alleged invalidity of the patent, noninfringement, patent misuse by HRI, and HRI's unclean hands through conspiracy with foreign patent pools. In May, 1963, Zenith counterclaimed against HRI for treble damages and injunctive relief, alleging Sherman Act violations by misuse of HRI patents, including the...
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