Court : Kolkata
Reported in : AIR1973Cal184,1973CriLJ253
..... and decided the question of recognition after taking into account all the available facts and circumstances and after hearing both the groups. but the election commission acted without jurisdiction in holding that ajay mukherjee's group was bangla congress party and that the said party by merging with indian national congress ceased to exist ..... within the meaning of election symbols (reservation and allotment) order, 1968 and the election commission before depriving the party of the said recognition was bound to act in accordance with the principles of natural justice. mr. bose has also contended that bansla congress fulfilled the conditions specified in paragraph 6 of the election ..... commission did not give any hearing to the petitioner before deciding that bangla congress was a defunct party. the election commission purported to rely and act upon a letter of sri ajay kumar mukherjee dated 29th january, 1972 but the petitioner had no opportunity to meet the allegations contained in the said .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1972Cal329,76CWN575
..... the preliminary and final decree had already been passed, there cannot be any question of any abatement of the suit and in view of the provisions of the banking companies act there is also no question of any limitation'. 15. the present appeal is directed against the said order, preferred by haridas and sm. sadhana, being the appellants nos. 1 ..... ) are now setting up their other brother and sister to raise these frivolous pleas. lastly he contended that in view of the special protection given by the banking companies act and ordinance coming into force in 1953, to the banks in liquidation, no question of limitation arises, specially in view of section 45 (o) of the said ..... act. 18. mr. law, the learned advocate appearing on behalf of the respondents 2 and 3 (shanti and indu) supports the argument of mr. dey, advanced on behalf of the appellants .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1973Bom365; (1973)75BOMLR257; ILR1973Bom1163; 1973MhLJ766
..... tribunal and the additional mamlatdar, yawal, held that because the landlady had applied under s. 31 read with s. 29 of the bombay tenancy and agricultural lands act, 1948, for recovering possession of the land for bona fide personal cultivation and obtained possession after fighting the litigation up to the revenue tribunal of the half portion on ..... paid the rent. after remand possession was again ordered by the tenancy awal karkun. the deputy collector set aside that order. the revenue tribunal confirmed that order, bal j. refused to interfere with the order of the tribunal and while doing so made an observation that even though s. 31c prevented the widow from making an ..... 29 read with section 14 was not maintainable. the tribunal upheld this contention. the said decision of the tribunal was challenged in the above special civil application and bal j. held that section 32-f was attracted as the petitioner was a widow and hence the tenant could not become the purchaser and section 31-c was .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1973P& H104
..... negligence' and, what is termed as 'composite negligence'. the term 'contributory negligence' applies solely to the conduct of a plaintiff. it means that there has been an act or omission on his part, which has materially contributed to the damage.'17. i am in respectful agreement with the observations in the above two cases. though this was ..... :--'i award shrimati bhagwanti in her own right and as guardian of minor children rs.31,500/- as compensation under section 110-b of the motor vehicles act against shri darshan singh and krishna roller and flour mills limited jointly and severally.'from the above facts, the learned counsel for the respondents argues that whole ..... , namely:-- (a) where the vehicle is a goods vehicle a limit of twenty thousand rupees in all, including the liabilities, if any, arising under the workmen's compensation act, 1923, in respect of the death of, or bodily injury to employees (other than the driver), not exceeding six in number, being carried in the vehicle; (b) .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1973P& H320
..... of the supreme court in hazari v. neki, air 1968 sc 1205, which lays down that the right of pre-emption under section 15(1) of the punjab pre-emption act, 1913, can be exercised by the legal representatives of the deceased plaintiff pre-emptor. in that case also the suit had been filed by the uncle of the vendor on .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1973)75PLR558
..... that the argument of the learned counsel is clearly wrong. the legislature, while providing exception in clause (b) of section 398(1) of the companies act, clearly visualized that cases might occur in which financially hard-pressed companies might save themselves by arranging with their creditors to become shareholders and directors in lieu ..... the company and the minority shareholders represented by himself, his mother and sister. otherwise, no instances have been stated in the petition as to the acts of mismanagement by the present board of directors except that the appellant has been removed from the directorship of the company and has been deprived of ..... constituted by the existing members, cannot be held to be improperly constituted. it is, therefore, necessary that the petition under section 155 of the companies act should be decided first. as long as the present register of members of the company continues, those members cannot be restrained from exercising their individual and .....
Tag this Judgment!Court : Delhi
Reported in : ILR1973Delhi675
..... the industrial disputes act. the fiction works both ways, and must now he held in reverse. the fault in the reasoning propounded by counsel for the employers is that it breaks ..... demanded by the fiction. it is not the purpose or the effect of the fiction to alter the concept of the dispute arising under the payment of bonus act, which remains one between employers and employees. it is only a drafting device to make availa ble the machinery for investigation and settlement of disputes already established by ..... freed from the prospect of further or fresh proceedings. (16) this reasoning is fallacious because it forgets the fictions which section 22 of the payment of bonus act creates. it is important to remember that the fiction made it appropriate to use the word workmen instead of employees. the two words were equated by the need .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1973All196
..... lower appellate court. 3. learned counsel for the judgment-debtor kishan singh has contended that under section 172 (2) (b) of the zamindari abolition and land reforms act the property held by smt. padam kuer was as a hindu widow and kishan singh on the death of padam kuer did not succeed as an heir of padam kuer ..... kuer on the other hand claimed succession denying that kishan singh was the adopted son of doongar singh. a suit under section 59 of the u. p. tenancy act for a declaration was also filed by kishan singh. that suit was finally decreed by the learned commissioner and the second appeal was dismissed in the year 1954 with ..... that the finding that kishan singh was the adopted son became final. sometime afterwards the village was notified under the consolidation of holdings act and the dispute again arose in proceedings under the said act. the assistant director of consolidation held that padam kuer bad been in possession of the plots in dispute and had acquired bhumidhari sanads. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1974Cal61,77CWN944
..... to him the evidence of adultery at new alipore is very slender the judge also found difficulty to rely on the same. so after condonation of the previous acts of adultery, the petitioner could not show anything for which he could get the benefit of the theory of revival. according to mr. dutta, the respondent was ..... that the respondent withdrew herself from the company of the petitioner and did not allow the continuation of the conjugal co-habitation; that in consequence the past act of adultery which might have been condoned by the husband should be considered to have been revived and that a decree for dissolution of marriage on that score ..... . the claim for damages against the co-respondent has, however, been disallowed. the said decree is awaiting confirmation by this court under section 17 of the indian divorce act, 1869.17. mr. dutta learned advocate represents the wife, respondent before us. mr. dutta has challenged the finding of the learned trial court in its entirety. according .....
Tag this Judgment!Court : Rajasthan
Reported in : 1973(6)WLN846
..... harmful to its health, but supplying such adulterated foodstuff would not be prejudicing the maintenance of supplies. the act does not speak of profiteering, much less profiteering at the expense of the health of the community.we have given our earnest consideration to the aforesaid observations ..... not think that the words 'maintenance of supplies & services essential to the community' could reasonably carry the meaning that any one who adulterated foodstuffs would be acting in a manner prejudicial to the maintenance of supplies or the continuity of supplies. it is true that adulterated food-stuff supplied to the community may be ..... the central government or the state government may,(a) if satisfied with respect to any person (including a foreign ner) that with a view to preventing him from acting in any manner prejudicial to --(i) ...(ii) ...(iii) the maintenance of supplies and services essential to the corrmunity,(b) ...it is necessary so to do .....
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