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 : Punjab and Haryana
Reported in : AIR1975P& H160
..... the 'existing state of punjab' which were being divided into four successor states. 'law' has been defined in section 2(g) of the reorganisation act as any act, rule, regulation etc., having the force of law in the whole or any part of the territories of the 'existing state of punjab'. as ..... rule, order, bye-law, scheme, notification or other instrument made under such state act or provincial act, but does not include any law relating to a matter enumerated in the union list :(c) 'law' has the same meaning as in clause ..... 1966.2 (1) in this order--(a) 'appointed day' means the 1st day of november, 1966;(b) 'existing law' means any state act or provincial act in force immediately before the appointed day in the whole or any part of the territories now comprised in the union territory of chandigarh and includes any ..... bal raj tuli, j. 1. these two writ petitions (civil writs nos. 266 and 1924 of 1974) will be disposed of .....
Tag this Judgment!Court : Delhi
Reported in : ILR1975Delhi868
..... that any judicial proceeding is pending are protected (section 3); similarly protected are fair and accurate reports of judicial proceedings (section 4), fair criticism of judicial acts (section 5) and bona fide complaints made to a higher court concerning the presiding officer of a court (section 6). (17) section 14 lays down ..... personnel.''if we accept this slant on judicialisation as a functional limitation on the contempt jurisdiction we must exclude from its ambit interference with purely administratry acts of courts and non-judicial functions of judges. this dichotomy is implicit in the decided cases although the twilight of the law blurs the dividing lines ..... which is dear to the community and the function which deserves to be cordoned off from public molestation, is judicial. vicious criticism of personal amd administrative acts of judges may indirectly mar their, image and weaken the confidence of the public in the judiciary but the countervailing good, not merely of free speech .....
Tag this Judgment!Court : Gujarat
Reported in : (1976)17GLR1002
..... needless to emphasise that by such lighter punishment, even the purpose of the penal provision contained in section 304-a of the indian penal code and the motor vehicles act would be, completely frustrated.18. what had happened in the court of the learned magistrate is certainly deplorable but surely, as observed about without entering much into the ..... filed by the learned advocate and the report submitted by the learned magistrate in this court. normally, it is the settled practice that higher court is expected to act and accept the reports made by the judicial officers in such matters, but in the instant case, the affidavit of the learned advocate clearly states that he did ..... months for commission of offences punishable under section 304-a of the indian penal code and sections 78 read with section 112 and 116 of the bombay motor vehicles act, 1939.2. a few relevant facts giving rise to these two proceedings may be stated in brief:3. in substance, the prosecution alleged that on august 1, .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1976SC449a; 1976CriLJ346; (1976)1SCC644; [1976]3SCR119
..... (pw 5).14. the accused stands charged under section 161, i.p.c. and section 5(2) read with section 5(1)(d) of the prevention of corruption act (briefly the act). his defence is that the case was concocted against him by the complainant and the money was planted in his pocket as he 'had casually told him also not ..... nor about any conversation. pw 4, however, supported the complainant in his examination-in-chief although he added that 'the accused denied having taken any bribe when challenged by inspector bal krishan' in the course of his cross-examination, however, he stated that he 'could not hear the talk between the complainant and the accused' constable babu ram (pw 6), ..... recovered besides rs. 51/- from the accused vide memo pw 1/d. pw 4, however, stated that 'the accused denied having taken any bribe when challenged by inspector bal krishan'.12. it may be mentioned here that p-2 is the chalan relating to the complainant's brother. charan dass. it appears from p-2 that the case against .....
Tag this Judgment!Court : Rajasthan
Reported in : 1977WLN(UC)42
..... vith those statements in case it made a statement contrary to those admissions. the purpose of (sic) tradicting the witness under section 145 of the evidence act is very much different from the purpose of proving the admission. admission is substantive evidence of the fact admitted while a previous statement used to contradict a ..... court laid down the law, on this point, as under:admissions are substantive evidence by themselves, in view of sections 17 & 21 of the indian evidence act, though they are not conclusive proof of the matters admitted. we are of opinion that the admissions duly proved are admissible evidence irrespective of whether the party making ..... mangilal, pw8 purnanand and pw6 harakchand. however, he found pw1 vidhya prakash and pw6 harak chand unreliable. on the basis of the above findings the hon'ble acting chief justice dismissed the appeal by his judgment and decree dated october 23, 1975. hence this special appeal.4. learned counsel, appearing on behalf of the appellants, .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1978Raj1; 1977()WLN159
..... open to the courts to adopt another hypothetical construction on the ground that such a hypothetical construction is more consistent with the alleged object and policy of the act.8. the words used in the material provisions of the statute must be interpreted in the plain grammatical meaning. when such words are capable of two ..... .6. mr. lodha, learned counsel for the respondent, has supported the judgment of the first appellate court. he has con-tended that section 13 of the act deals with the general restrictions against the eviction of a tenant and as they were not found to be sufficient, special restrictions on eviction were introduced by amending ..... ble s. n. modi j., in prabhashanker's case (supra) in making the following observations.-'section 26 of the rajasthan premises (control of rent and eviction) act has not been deleted and retains itself. it restricts the execution of decree for eviction against the tenant from any premises etc. passed before the date of commencement .....
Tag this Judgment!Court : Mumbai
Reported in : (1978)80BOMLR593
..... panth maths were private properties of shishyas.30. neither the lower court nor the learned advocates and parties were conscious of the possible application of the bombay public trust act, 1950, to the mahanubhava panth maths and properties as prima facie the definition of 'public trust' would include such math under section 2(13) as the suit ..... the caste system and follow the rituals of their own caste and carry on social contacts with their caste people and marry among them. similar views are expressed by bal krishna mahanubhava shastri. but we are not really concerned with their theology. what we have to determine are the social and political consequences of such conversions and that, ..... itself was misconceived ignoring the rules of hindu law and the provisions of the bombay public trust act, 1950, the plaintiff's suit is liable to be dismissed on the ground that she did mot set up the usage supporting her right in respect of the .....
Tag this Judgment!Court : Delhi
Reported in : ILR1977Delhi739; 1978RLR111
..... . the same view has been taken by avadh behari, j. in suchitra kalsie vs. rajinder k. kalsie, 1975 plr d.s 79.(14) in mrs. rita nijhawan v. mr. bal krishan nijhawan, 1973 dlt 222, a division bench of this court held that the law is well settled that if either of the party to a marriage being a healthy ..... some incurable mental or moral disability resulting, in the man, in inability to consummate the marriage with the particular woman, or, 'n the woman, to an invincible repugnance to the act of consummation with the particular man, the marriage may, on the petition of either party. be declared null and void. it is further laid down in the footnote that where ..... ability to have intercourse in general.(13) in jagdish kumar v. smt. sita devi, , a learned single judge held that where the husband was wholly unable to perform the act of sexual intercourse with his wife for which he had full opportunity, having lived in the same room for two .or three days and nights immediately after the marriage, it .....
Tag this Judgment!Court : Allahabad
Reported in : 1978CriLJ1335
..... appellants were arrested. on a search being taken the two appellants were found in possession of unlicensed arms. on the basis of this recovery, cases under the arms act were registered. the two appellants were handed over to sub-inspector gurbachan singh. while under arrest, appellant vikram singh promised to point out the sten gun. the ..... appellant led sub-inspector bal kar singh and the witnesses to house no. 1197 in chandigarh and from a locked room sten gun ext. 2 with magazine and some other articles was recovered ..... attempted to proceed towards the shop but when dharampal fired towards them they took shelter behind trees. all the witnesses claimed to have recognised the two appellants. sub-inspector bal kar singh (p.w. 5), sub-inspector kishori lal, sub-inspector gur bachan singh, head-constable gur nam singh and jarnal singh (p. w. 24) are .....
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