Court : Rajasthan
Decided on : Nov-20-1973
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 .....
Tag this Judgment!Court : Rajasthan
Decided on : Nov-16-1973
Reported in : 1973(6)WLN917
..... by state transport undertaking to the complete exclusion of other persons.now, therefore, in exercise of the powers conferred by section 68c of the motor vehicles act, 1939 (central act iv of 1939) and in pursuance of rules 3 and 4 of the rajasthan state road transport service (development) riles, 1965, the scheme hereto ..... of the specifically mentioned routes. on the other hand, the published schemes include 11 routes not specifically mentioned in the resolution. (5) the respondents had acted malafide. the ruling party was badly routed in the general elections in the jhalawar and kota districts and, therefore, these districts were specially chosen for nationalisation ..... is carried on by (1) the central government or a state government; (2) any road transport corporation established under section 3 of the road transport corporation act, 1950; (3) ... (4) any municipality or any corporation or company owned or controlled by the central government or one or more state governments section 68b .....
Tag this Judgment!Court : Rajasthan
Decided on : Oct-09-1973
Reported in : 1973(6)WLN960
..... avoided if the income as returned by such person had been accepted as the correct income: .. ..while examining the provisions of section 28(1)(c) of the act the hon'ble judges of the supreme court in anwar ali's case air 1970 sc 1782 have made the following observations:but one of the principal objects in enacting ..... of income or improper distribution of profits. (1) if the income-tax officer, the appellate assistant commissioner or the appellate tribunal in the course of any proceedings under this act, is satisfied that any person .. ..(c) has concealed the particulars of his income or deliberately furnished inaccurate particulars of such income,he or it may direct that such ..... intended to pay tax on correct basis.' the question is whether in these circumstances the provisions of section 18a(9) read with section 28(1)(c) of the act were attracted. their lordships of the supreme court in sree meenakshi mill's case air 1957 sc 50 laid down that when the point for determination is a pure .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-05-1973
Reported in : 1973CriLJ1871; 1973()WLN365
..... , j.1. the respondents karna, jora and navla were tried by the sub-divisional magistrate, bhinmal, for an offence under sections 3/7 of the essential commodities act, 1955 read with the rajasthan foodgrains (restrictions on border movement) order, 1959 and each of them was convicted under the said offence and sentenced to three months' ..... wheat order, 1964, referred to above.9. we are, therefore, of the opinion that the accused have committed an offence under section 3/7 of the essential commodities act, 1955, read with clauses 3/4 of the inter-zonal wheat and wheat products (movement control) order, 1964, and not the rajasthan foodgrains (restrictions on border movement ..... order of acquittal passed by the learned additional sessions judge, jalore and convict the three respondents kama, jora and navla under section 3/7 of the essential commodities act, 1955, read with clause 3/4 of the inter-zonal wheat and wheat products (movement control) order, 1964, and sentence each one of them to three .....
Tag this Judgment!Court : Rajasthan
Decided on : Oct-09-1973
Reported in : [1974]97ITR721(Raj)
..... been avoided if the income as returned by such person had been accepted as the correct income.....'while examining the provisions of section 28(1)(c) of the act the honble judges of the supreme court in anwar alis case have made the following observations :'but one of the principal objects in enacting section 28 is to ..... or improper distribution of profits. - (1) if the income-tax officer, the appellate assistant commissioner or the appellate tribunal, in the course of any proceedings under this act, is satisfied that any person -......(c) has concealed the particulars of his income or deliberately furnished inaccurate particulars of such income,he or it may direct that such person ..... to pay tax on correct basis.' the question is whether in these circumstances the provisions of section 18a (9) read with section 28(1)(c) of the act were attracted. their lordships of the supreme court in sree meenakshi mills case laid down that when the point for determination is a pure question of law such as .....
Tag this Judgment!Court : Rajasthan
Decided on : May-02-1973
Reported in : 1974CriLJ1130
..... for the aforesaid offences. now, therefore, i. k. l. gupta, zonal manager do hereby accord sanction under section 6 (1) (c) of the p.c. act, 1947 (act ii of 1947) for the prosecution of the said shri d.s. bhandari for the aforesaid offence and any other offences punishable under any other provisions of law in respect ..... in such a case need not produce any other evidence to further prove that all the materials were placed before the sanctioning authority. his contention is that the act of granting sanction is an administrative matter whiten absolutely rests in the discretion of the sanctioning authority. it is rather of a subjective character and if on the ..... appellant that before the launching of the prosecution against the aocused-appellant under section 5(1)(d) r/w section o (2) of the prevention of corruption act no valid sanction was obtained by the prosecution which was a condition precedent for the proseuction of the accused and consequently the trial against him was wholly vitiated. .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-24-1973
Reported in : AIR1973SC1461; (1973)4SCC225; [1973]SuppSCR1
..... provisions of article 31c can apply only if the law received the assent of the president.2093. by the constitution (twenty-ninth amendment) act, 1972, the two kerala acts - act 35 of 1969 and act 25 of 1971 - were included in the ninth schedule thereby giving them the protection of article 31b. by such inclusion, the challenge made ..... 24 on september 12, 1949, observed : constituent assembly debates, vol. ix, p. 1299. we find on the english statute book several acts, the land acquisition act, the land clauses act, the housing act, in all of which a varying basis of compensation has been adopted to suit not only to the nature of the property but also ..... writ petition was amended twice. the first amendment was made with a view to enable the petitioner to impugn the constitutional validity of the kerala reforms (amendment) act (act 25 of 1971). the second amendment of the petition was made with a view to include the prayer to declare the twentyfourth, twentyfifth and twentyninth amendments to .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Apr-23-1973
Reported in : [1973]32STC646(P& H)
..... :whether vegetables, fish, meat and eggs, etc., sold as consumption articles were subject to assessment of sales tax or not.2. under section 6 of the punjab general sales tax act, 1948, which is applicable to the union territory of chandigarh, where the assessee carries on his business, 'no tax shall be payable on the sale of goods specified in the .....
Tag this Judgment!Court : Rajasthan
Decided on : Jan-22-1973
Reported in : [1975]101ITR260(Raj); 1973()WLN289
..... placed before the taxation authorities its own account books and they were not found reliable and, therefore, the income-tax officer, the appellate assistant commissioner and the tribunal have acted under the provisions of section 145(1) and the proviso thereto and this part of the decision has not been challenged. the only question is whether adopting such basis for ..... in commissioner of income-tax v. scindia steam navigation co. ltd. : [1961]42itr589(sc) such a question cannot be required to be referred under section 256(2) of the act. the exact words of section 256(1) which fall for our consideration are 'any question of law arising out of such order' of the tribunal. it is in this situation ..... increase of the rate bad in law ?'5. the tribunal declined to refer any one of the four questions to this court under section 256(1) of the act on the ground that there was no enhancement of tax and as a matter of fact the tribunal observed that the tax liability in both the years aforesaid had been .....
Tag this Judgment!Court : Delhi
Decided on : Feb-21-1973
Reported in : AIR1973Delhi200; 9(1973)DLT222
..... to relief for approbate in marriage. the division bench in : air1968delhi79 , has not accepted that the proposition of approbated and reprobate is applicable under hindu marriage act. even otherwise this case is distinguishable. in that case what had happened was that the wife brought her application for nullity on the ground that the husband was ..... theory life-long and indissoluble, cannot be justified by any way logic. but the frailties of humanity produce various situations which demand practical relief and the divorce acts owe their origin to a merciful appreciation of that demand. any extension of the area of relief has always been advocated on the ground that there are ..... was that on being confronted by the pleadings was that on being confronted by the appellant as to why the respondent was not able to perform the act of sexual interest course properly and completely the latter under took and promised to get himself treat and started getting some treatment. after getting some treatment .....
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