Court : Andhra Pradesh
Reported in : AIR1979AP14
..... was held that the high court in revision is bound to take note of subsequent events in disposing of under the andhra pradesh buildings (lease, rent and eviction) control act, 1960.21. what therefore follows from the fore going discussion is that the power conferred upon the court to permit amendments of the pleadings can be exercised at any ..... was not satisfactory and therefore the matter was remanded to the court below for fresh disposal. as regards the question of applicability of section 14 of the hindu succession act, at the instance of the counsel on either side, that question was kept open.7. after the matter was remanded back the petition giving rise to the above ..... . she supported the plaintiff.4. the trial court held that the limited interest of bangarayya was enlarged into an absolute estate under sec. 14 of the hindu succession act. but for the will the 4th defendant could have been entitled to the property and defendants 1 to 3 could not be entitled to the property. the will was .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1979All162
..... than 12 years and the suit was barred by limitation as prescribed by article 65 of the schedule to the limitation act. the act of the defendant in getting his name recorded as owner before the bhumi bhawan kar authorities and the dismissal of the ..... deed in favour of his wife, he preferred to proceed on the assumption that the licence stood revoked on the death of bal-deo's widow and plaintiff's mother smt. ba-santi devi in the year 1936, this also implied the position, that ..... not having been avoided by any creditor and being a good and valid transfer, the house in suit became the stridhan of bal-deo's wife and devolved on her death on her daughter by succession to the exclusion of the plaintiff, that the ..... rejected without any enquiry on 26th november, 1964. thereupon the plaintiff warned the defendant several times to refrain from his illegal acts and to admit the plaintiff's ownership but the defendant refused, whereupon the plaintiff revoked the defendant's licence and asked the .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1979Raj29
..... amri is bringing up the boy mahendra. it was necessary for taru ram to make her a party in accordance with section 10(1)(d) of the guardians and wards act. 1890, as she admittedly is having the actual custody of the child. omission to make her a party is an irregularity vitiating the whole proceedings and order appointing the guardian ..... kiran babu is on behalf of dr. snehlata.6. jotram's case ilr (1969) 19 raj 989 (supra) was a case where an application under section 25 of the act 1890 was filed by taru bam alleging that jotram had been forcibly keeping both his minor children mahendra and kamla for sometime. the non-applicant jotram contested the application on ..... whom she does not recognise and has developed no feeling of affection towards her father.8. learned counsel for the respondent has contended that according to section 6 of the act, 1956, the respondent being the father of the minor is her nautral guardian in respect of the minor's person as well as in respect of minor's property. .....
Tag this Judgment!Court : Delhi
Reported in : 15(1979)DLT336
..... the various sections of the act, it appears to me quite obvious that sec. 33 contemplates independent proceedings for a determination that the arbitration agreement or the award did not exist or either of ..... threshold that the impugned order being appealable under sees. 17 and 39 of the act no ' revision can be maintained separately against an order rejecting the application under sec. 33. rulings were also cited on either side but from a bare glance of ..... contesting on the basis of adverse possession. prithvi raj, bhim sen and his successor inder kumar have not challenged the award. some portion of the award has been acted upon and money appearspears to have been paid to prithvi raj and bhim sen in pursuance thereof. (4) the learned counsel for the respondent submitted at the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (1982)3SCC24; 19831SCR145;
..... controversial area of death penalty, with all its complexity, vast implications and manifold ramifications, even all the judges sitting cloistered in this court and acting unanimously, cannot assume the role which properly belongs to the chosen representatives of the people in parliament, particularly when judges have no divining rod to ..... for fair-play of judicial discretion to take care of the variable, unpredictable circumstances of the individual cases, relevant to individualised sentencing. when judges, acting individually or collectively, in their benign anxiety to do what they think is morally good for the people, take upon themselves, the responsibility of ..... vicious and pernicious, which under the english common law were classified as crimes mala in se as distinguished from crimes mala prohibita crimes mala in se embrace acts immoral or wrong in themselves, such as, murder, rape, arson, burglary, larceny (robbery and dacoity); while crimes mala prohibita embrace things prohibited by .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1980Guj142
..... from the material on record of , this case. mr. pandya relies on, three of the rules of the road which are contained in the 10th schedule to the motor vehicles act, 1939. rule 1 enjoins upon the driver of a motor vehicle to drive the vehicle as close to the left hand side of the road as may be expedient and ..... apply only in a case in which there is a main road designated as such , under section 77 of the motor vehicles act. there is no evidence on record to suggest that the road between maninagar railway station and bal vatika was designated as a main road, as such, rule 7, therefore, cannot be pressed into service by mr. pandya to advance .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (1982)3SCC24; [1983]1SCR145a
..... controversial area of death penalty, with all its complexity, vast implications and manifold ramifications, even all the judges sitting cloistered in this court and acting unanimously, cannot assume the role which properly belongs to the chosen representatives of the people in parliament, particularly when judges have no divining rod to ..... for fair-play of judicial discretion to take care of the variable, unpredictable circumstances of the individual cases, relevant to individualised sentencing. when judges, acting individually or collectively, in their benign anxiety to do what they think is morally good for the people, take upon themselves, the responsibility of ..... vicious and pernicious, which under the english common law were classified as crimes mala in se as distinguished from crimes mala prohibita crimes mala in se embrace acts immoral or wrong in themselves, such as, murder, rape, arson, burglary, larceny (robbery and dacoity); while crimes mala prohibita embrace things prohibited by .....
Tag this Judgment!Court : Kolkata
Reported in : [1981]130ITR267(Cal)
..... were not made of fibres, but were made of filaments and hence generally fell within the definition of 'textile' under section 2(g) of the act and the act, therefore, did not apply to the context. it was, secondly, contended that as no service was required to the petitioner-company, no tax was leviable ..... fungicides, weedicides and the like. (12) textile auxiliaries. (13) sizing materials including starch. (14) miscellaneous chemicals. ' 24. it was only after the finance acts of 1964 and 1965 that the legislature had used the term 'petrochemical'. it appears that the legislative history indicates that the intention was to include all the products that come ..... been incurred before it was actually disbursed. therefore, applying that principle, if the legal liability had accrued under the provisions of the central excises and salt act, 1944, the assessee was entitled to deduction in computing its income which maintained its accounts on mercantile system of accounting. reference was also made on .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 1981CriLJ170
..... the assistant commissioner (revenue) is concerned, it does not have any bearing on the controversy in the present case. that was an application under section 56 of the tenancy act filed by hassan sheikh in order to stop interference with his possession by hassan mirkh and several others not including mst. shahmali. the assistant commissioner held that in the ..... girdawari are undisputedly in favour of the first party and indicate that hassan sheikh is in actual possession of the disputed land. it is true that the magistrate has acted miserly and chosen to be much too brief, but that does not derogate from the fact that he has applied his mind to the affidavits, compared the rival versions ..... the material portion of the order reads thus:i have gone through the record of the case closely, vide air 1958 punj 47 : 1958 cri lj 215, the mgistrate acting under section 145 cr. p.c. has not to go into the merits or demerits of the right or title but should only pass final orders as to the actual .....
Tag this Judgment!Court : Kerala
Reported in : AIR1981Ker86
..... not be interpreted in a mechanical way so as to defeat justice or prevent people from following rules of law in a reasonable way. we are concerned with several acts required to be done in connection with the promissory note, namely, writing, signing, affixing stamps, cancelling it and delivering the same to the promisee. cancellation is ..... and does not contain words, prohibiting transfer or indicating an intention that it shall not be transferable. a reading of sections 4 and 13 of the negotiable instruments act makes it clear that a document, if it otherwise satisfies the definition of promissory note, will not cease to be so merely because the words 'toorder' are ..... reasons, viz., that they do not mention the 'promisee' and they are not executed to the 'order' of the payee. section 4 of the negotiable instruments act defines promissory note as an instrument in writing (not being a banknote or a currency note) containing an unconditional undertaking signed by the maker to pay a certain sum .....
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