Court : Mumbai
Reported in : AIR1971Bom244; 1971LabIC1080; 1971MhLJ413
..... place, he is not responsible at all. to us it appears that the provisions of section 33 are too drastic. instead of promoting the object of the act, namely, the preservation of the contract system, together with certain facilities being made available to the home-worker, they will have the tendency to disintegrate the present system of gharkhata. ..... that the employer must be held responsible for any consequences. if we however imagine a case of a genuine contractor which we repeat seems to have been preserved by this act, how can the employer have any right in law of supervision or interference in the management of the contractor in his own affairs? if such a ..... there was no home and the term 'home-worker' was a misnomer. people were sitting under trees for rolling beedis in season and out of season. the learned judges have taken the view that if the provisions of this act discouraged such sub-human conditions of work and sought to provide better amenities under the factory conditions, there .....
Tag this Judgment!Court : Mumbai
Reported in : (1972)ILLJ130Bom
..... place he is not responsible at all. to us it appears that the provisions of s. 33 are too drastic. instead of promoting the object of the act, namely, the preservation of the contract system together with certain facilities being made available to the home-worker, they will have the tendency to disintegrate the present system of gharkhata. ..... that the employer must be held responsible for any consequences. if we however imagine a case of a genuine contractor which we repeat seems to have been preserved by this act, how can the employer have any right in law of supervision or interference in the management of the contractor in his own affairs if such a ..... , there was no house and the term 'home-worker' was a misnomer. people were sitting under trees for rolling beedis in season and out of season. the learned judges have taken the view that if the provisions of this act discouraged such subhuman conditions of work and sought to provide better amenities under the factory conditions, there is .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1971AP266
..... the land compared within these boundaries where sri veera venkata satyanarayan rice mill is situate, engine, pulleys, belts etc., and all other instruments and implements, buildings bungalows, trees, fruit, easementary rights in which the first party and the other mortgagors have jointly owned an undivided share of one anna.' 9. the description of item (1) which ..... debts and liabilities have been paid and discharged.14. the supreme court in : [1966]3scr400 construed the scope and applicability of section 29 of the partnership act where it was observed:'the whole concept of partnership is to embark upon a joint venture and for that purpose to bring in as capital money or even ..... what is mortgaged is the undivided interest of one anna's share of the mortgagors and not the property of the partnership. under section 15 of the partnership act, the property of the firm subject to any contract between the parties, shall be held and used by the partners exclusively for the purpose of the business. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1971Ker98
..... impossible results would be that laws relating to the acquisition and holding of essential commodities, laws such as the gold control laws, which are regarded as necessary for preserving the economy of the country, and laws forbidding or controlling imports, would not be applicable to religious denominations and such a denomination would be free to acquire ..... no longer of any consequence, the right of the landlord having vested in the government under section 72. any right the landlord has in respect of the trees can now only enter into the compensation payable to him for the vesting. 84. sections 53 to 64 which provide for the purchase of the landlord's ..... and (b) any other intoxicating substance which the provincial government may, by notification in the official gazette, declare to be liquor for the purposes of this act'. the act was attacked in its entirety as violalive of the rights protected by article 19(1)(f); but the court held that the impugned provisions were unreasonable and .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1971SC385; (1970)2SCC484; [1971]1SCR863
..... their locus standi and interest is based on professional code of conduct and for the purpose of upholding the purity of the bar and preservation of correct standards and norms in the profession. the attorney general and the advocates general will uphold the professional discipline, dignity and decorum and ..... to a person aggrieved' is conferred in diverse contexts. it occurs in the ale house act, the bankruptcy acts, copyright act, highway act, licensing acts, milk and dairies (amendment) act, rating and valuation act, summary jurisdiction act, union committee act, local acts, in certiorari proceedings and the defence of realm regulations to mention only a few. the list ..... in the profession and it is indisputable that they will ever adopt any partisan attitude in proceedings before the disciplinary committee. the advocates act gives special preeminence to the attorney general and the advocate general in disciplinary proceedings because it is not an attempt of the disciplinary committee .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1970SC2097; (1970)2SCC567; [1971]2SCR197
..... original which is retained either by the electoral registration officer or in the office where the chief electoral registration officer directs it to be preserved in accordance with the rules framed under the representation of the people act, 1950. in such circumstances., if the rule-making authority did not consider it safe to rely on printed copies of the electoral rolls ..... which there were two candidates, one a jagirdar and the other a congressman. the congress committee published a poster containing the picture of a tenant tied up to a tree and a well dressed jagirdar asking another who had a waving whip in his hand, to flog the tenant and the tenant's wife was shown lying prostrate on the ..... for congress in order to put an end to the atrocities of the jagirdars. on the left-hand side, a person-apparently a tenant-is shown tied up to a tree with a rope. on the right, there is a well dressed jagirdar asking his man, who is seen waving a whip, to flog the tenant. evidently, the tenant's .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1971SC2486; 1971CriLJ1720; (1970)3SCC746; [1971]2SCR711
..... to nip in the bud conduct subversive of the peace and public tranquillity. for this purpose magistrates are invested with large judicial discretionary powers for the preservation of public peace and order. therefore the justification for such provisions is claimed by the state to be in the function of the state which embraces ..... opinion, after receipt of information, that there do exist sufficient grounds for taking proceedings. at the first stage, when forming such opinion, the magistrate naturally acts ex parte and has to rely on information supplied to him or other information obtained by him in the absence of the person againct whom proceedings are ..... to incite an immediate breach of the peace or riot as distinguished from utterances causing mere 'public inconvenience, annoyance or unrest'."he referred also to the public order act 1936 in england.. subbarao, j. however, distinguished the american and english precedents observing :"but in india under art. 19 (2) this wide concept of ' .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1971SC530; (1971)1SCC85; [1971]3SCR9
..... instances being hyderabad, travancore, mysore, baroda and gwalior. under this system of subsidiary alliance the bigger states were to maintain armies commanded by british officers for preservation of the public peace and their rulers were to cede certain territories for the upkeep of these forces; the smaller states were to pay a tribute to the ..... little for the governance of the united state. the identity of the united state as a semi-independent unit was preserved and the constitutional framework of this state was indicated. the covenant was an act of state on the part of the rulers. it may be regarded also as such by the government of india ..... the form of privy purse.355. sixthly, the rulers, it is alleged, acted on the faith of the undertakings and guarantee given by the government of india regarding privy purses and preservation of rulership and of personal rights and privileges. the rulers acted to their detriment by giving away vast properties. the government is, therefore, estopped .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1971SC1070; (1971)1SCC545; [1971]3SCR590
..... could be led in terms of section 65(a) of the evidence act. the evidence act imposed no bar to the reception of oral evidence by way of secondary evidence to prove the terms of the agreement to lease which was in writing ..... of its contents when the original instrument was shown to have been insufficiently stamped, could be subjected to the penalty prescribed by section 34 of the indian stamp act, 1879, as a preliminary to its being admissible in evidence. the respondent denied that such a deed was ever executed and averred that the gift consisted in ..... for the appellant mr sen argued that the admissibility of secondary evidence, be it oral or in writing, must be primarily decided in terms of the indian evidence act. inasmuch as the original document which was insufficiently stamped was suppressed by the defendants in the suit for specific performance, secondary evidence of the contents of the document .....
Tag this Judgment!Court : Mumbai
Reported in : [1972]42CompCas145(Bom)
..... was a company whose business was to consist of investing its funds in the shares and securities of other companies for the purpose of capital appreciation, income, preservation or safety of capital or for a combination of such purposes. an investment company sells its own shares to the public and then reinvests the proceeds in ..... utilities as water, electricity, gas required by the public; supply or repair service; supplying of public communications or public transport. section 2(r) of the monopolies act defines 'service' as service of any description which is made available to potential users, but does not include the rendering of any service free of charge or under ..... objects clauses in the memorandum so as to include several new businesses within its scope. in the explanatory statement required by section 173(2) of the companies act, the board of directors stated that they were exploring ways and means to enlarge the business activities of the petitioner company and that 'the company at .....
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