Court : Supreme Court of India
Decided on : Apr-26-1956
Reported in : AIR1956SC541; 1956CriLJ945; [1956]1SCR476
..... minister and the chief minister of the punjab government. the question, however, remains whether, in uttering these slogans, they committed an offence under section 9 if the act. section 9 of the act reads as follows :- '9. whoever - (a) makes any speech, or (b) by words, whether spoken or written, or by signs or by ..... additional sessions judge also found against the appellants and observed that the slogans were highly objectionable and they fell within the ambit of section 9 of the said act, that by raising those slogans the appellants undermined the public order as well as decency and they also amounted to defamation. he, therefore, maintained the conviction ..... was prejudicial to the security of the state and the maintenance of public order and thereby committed an offence punishable unable section 9 of the security of the state act'. 3. the appellants pleaded not guilty and claimed to be tried. they also led evidence in defence. the learned magistrate, however, disbelieved the defence and, .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-05-1956
Reported in : AIR1957All136
..... like ajmer and coorg.on november, 24, 1951 all the provisions, mentioned above were applied to part b states and new chapter v-a, added to the act by act no. 53 of 1951, was applied to the whole of india except jammu and kashmir, on february 24, 1952 the rest of the chapters, namely, chapters ..... of lower mainland dairy products sales adjustment committee v. crystal dairy, ltd., 1933 ac 168 (p), is instructive on this point. the dairy products adjustment act--an act of the province of british columbia--provided for the appointment of an adjustment committee for the purpose of insuring that products of milk received the same return whether ..... and employment injury and to make provision for certain other matters in relation thereto. for the purpose of administration of the scheme of employees' state insurance the act established a body corporate known as the employees' state insurance corporation on which are to be representatives inter alia of the. central government and the states, of .....
Tag this Judgment!Court : Rajasthan
Decided on : Nov-30-1956
Reported in : AIR1957Raj359; 1957CriLJ1317
..... matter.the sub divisional magistrate pali in whose. court the aforesaid application was filed examined daljitsingh, registered it under section 6 of the child marriage restraint act and directed that notices be issued to panna and his wife to refrain from performing the marriages of pukhli and naiuri until further orders and to file their ..... sessions judge formed theopinion that the magistrate was a right in refusing exemption under section 205 but the same should have been allowed under the child marriage restraint act, and as such exemption was not allowed, he has made the present reference recommending that the magistrate be directed not to compel the attendance of 'the ..... is not attracted at all.5. the only question which then remains for decision is whether in a proceeding under section 12 of the child marriage restraint act, the magistrate should have compelled the person complained against to put in his or her personal appearance. sub-section (4) of this section provides that where .....
Tag this Judgment!Court : Orissa
Decided on : Jan-10-1956
Reported in : AIR1956Ori114
..... of lands. subsequently notices were given under section 9, objections were considered and awards were passed. the proceedings of the opposite party under the land acquisition act, therefore, were legal and cannot be called in question. 23. on these contentions of the respective parties, questions which fall for determination are whether the ..... of inter-state rivers, the executive action of the opposite party of the contemplated project is unconstitutional, and consequently, the notification under section 4, land acquisition act, and the project are illegal. secondly, he contends that there is no public purpose in this project as it would be benefiting. only a few ..... to refrain from proceeding with the land acquisition proceedings as the notification issued by the government under section 4, read with section 17(4), land acquisition act, is ultra vires, illegal and without jurisdiction, from taking possession of the land sought to be acquired before an award is passed, from carrying out the .....
Tag this Judgment!Court : Rajasthan
Decided on : Aug-28-1956
Reported in : AIR1957Raj392
..... as distinguished from the courts as such) and, who, therefore, did not possess the power to administer the ordinary civil laws of the land. under the rajasthan act, however, the control of rent and eviction laws was entrusted to the ordinary courts of the state and such courts were certainly competent to exercise and give effect to ..... perusal that the central provinces and berar let-tins of houses and rent control order, 1949, contains any provision corresponding to section 10(1) (d) of the marwar act. again, the 'provision contained in this clause is, to my mind, clearly mandatory for the word 'shall' has, & must be given, its compulsive effect in the ..... excessive or insufficient and consequently he can order payment of rent fixed to operate only prospectively from the date on which he is moved and that the rent controller acts beyond jurisdiction where he fixes ' rent for period prior to that date.the above case is, however, clearly distinguishable because it does not appear from its .....
Tag this Judgment!Court : Kolkata
Decided on : Jul-24-1956
Reported in : AIR1957Cal44,61CWN27
..... appearing in article 9, indian independence (rights, property and liabilities) order, 1947, and the correlation of that article to section 178, government of india act, 1936, were apparently accepted. i do not think that the disinclination of their lordships to attempt an exhaustive definition of the expression 'financial obligations' indicates ..... constitute a class of constructive contracts. in our law, however, the expression 'constructive contract' is not used anywhere. chapter v, indian contract act which deals with legal relations analogous to what have been described as constructive contracts under the english law bears the heading 'certain relations resembling those ..... loans, guarantees and other financial obligations' must be interpreted in the technical sense in which it was used in section 178, government of india act, 1935 and'in that context financial obligation would mean obligations arising out of arrangements or agreements relating to state finance, such as distribution of .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-11-1956
Reported in : AIR1956SC319
..... and the obligation of the court of wards to hand over possession as beyond dispute. mr. engineer relies upon section 53 of the hyderabad court of wards act, 1350 f. (act 12 of 1350 f.) which runs as follows:'53. save as provided by section 56, the court shall release from its superintendence and management the person and ..... 53 that applies and not clause (a). section 7, clause (1), para, (a) referred to in section 53(c) is as follows:'for the purposes of this act the following proprietors shall be deemed to be disqualified to manage or superintend their property.(a) proprietors whose property or person and property have been taken under the protection, management ..... divorce or other questions of personal law are concerned, the final decision of a civil court shall be given effect to by the atiyat court established under this act on the decision being brought to its notice by the party concerned or otherwise irrespective of whether the decision of the atiyat court was given before or after the .....
Tag this Judgment!Court : Chennai
Decided on : Apr-04-1956
Reported in : AIR1957Mad48
..... the allocation among ministers of the said business in so far as it is not business with respect to which the governor is by or under this act required to act in his discretion."22. the other sub-clauses which were relevant to the governor's discretion or special responsibilities are not now material.23. the ..... enactment was made, to administer executive government in any part of british india, shall where a corresponding new authority has been constituted by the government of india act, 1919, be construed for all purposes after the above-mentioned date, as a reference to such new authority."14. we are mentioning these provisions to emphasise ..... has been impleaded in the several writ petitions, the additional secretary to the government (home department), being the department dealing with questions arising under the motor vehicles act, stated:"i have perused the affidavit of the petitioner in each of the writ petitions and in regard to the contention raised that the orders in question were .....
Tag this Judgment!Court : Karnataka
Decided on : Oct-01-1956
Reported in : AIR1957Kant57; AIR1957Mys57; (1957)35MLJ95
..... that the defendant did not personally cultivate his lands. sreenivasa rao, j. observed that in contrast to the provision of the dekhan agriculturists' relief act, the mysore act did not make it necessary that the person claiming the status of an agriculturist should personally cultivate land. he did not think that the time ..... ordinary or main occupation of the person was not agriculture, it is seen that the definition itself contemplates the possibility of an agriculturist under the act having also occupations other than agriculture and deriving income from sources other than agriculture. in regard to occupation, what is required is that the ordinary ..... formulated the point for decision as follows : 'whether a school master can be an agriculturist within the meaning of section 2 of the mysore agriculturists' relief act.' 13. an agriculturist is defined as a person who ordinarily engages in agriculture .... provided that his yearly income from sources other than agriculture does not exceed .....
Tag this Judgment!Court : Rajasthan
Decided on : Sep-17-1956
Reported in : AIR1957Raj378
..... punishment over and above something to which the creditor was entitled according to the primary contract, and such stipulation certainly falls within the mischief of section 74 of the contract act. i am, therefore, of opinion that none of the cases relied on by the appellant afford him any assistance.16. my conclusion, therefore is that the decree-holders ..... , therefore, an executing court is perfectly competent to relieve one of the parties to the agreement where any of its terms operates as penalty under section 74 of the contract act. ,13. so far as the decision of the travancore cochin high court in chinnaswami v. cheru, (l) is concerned, the report is a brief one and we ..... deal with the cases relied on by the judgment-debtor. the decision in mohiuddin v. mt. kashmiro (fb) (jj, simply lavs down that section 74 of the contract act applies as much to compromise decrees as to mere agreements and that point must now be taken to be settled by overwhelming authority, but it has no bearing on the .....
Tag this Judgment!