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 .....
Tag this Judgment!Court : Rajasthan
Reported in : 1981WLN(UC)542
..... the cancellation of the allotment of sale of the land to the present petitioner in these writ petitions is concerned is quashed. the respondents are restrained from acting on it and taking further proceedings against the petitioners. however, this decision would not debar them from taking appropriate proceedings under the law, if so permissible ..... to the show cause notice. in a cause where land allotted to a citizen by the municipal board which is a statutory authority under the rajasthan municipalities act is sought to be cancelled. it was all the more necessary that the state government should have given the reasons in the impugned order. it is ..... chief settlement commissioner, but it does not authorise cancellation of sales after they are completed. no doubt, allotments can be set aside under section 24 of the act, but after such allotments ripen into sales, they cannot be cancelled. the chief settlement commissioner or the settlement commisssoner exercising his power has no authority to .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1981SC1030; 1981(1)SCALE391; (1981)2SCC283; [1981]2SCR950; 1981(13)LC283(SC)
..... compliance of the conditions of the proviso. the restriction, therefore, is partial and in public interest and bears a close nexus with the object of the 1955 act, viz, to achieve agrarian reforms.the fundamental rights enshrined in art. 19 of the constitution are not absolute and unqualified but are subject to reasonable restrictions which ..... to serious curbs on the fundamental right of the cultivator to pursue his occupation, we cannot however strike down these provisions because they are contained in the amendment act of 1972 which has been placed in the ninth schedule prior to april 24, 1973, and therefore fall within the protective umbrella and are immune from challenge ..... bargadar had voluntarily surrendered or abandoned the land. in order to consider this argument, it may be necessary to examine the status of the bargadar under the 1955 act. section 2(2) defines bargadar thus" 'bargadar' means a person who under the system generally known as adhi, barga or bhag cultivates the land of .....
Tag this Judgment!Court : Mumbai
Reported in : (1981)83BOMLR423; (1981)IILLJ393Bom
..... by lawful means. obviously it should not be accompanied by illegal means such as violence, etc. section 18 does not afford exemption to the trade union from the acts of violence (see jay engineering works ltd. v. state of west bengal : air1968cal407 . railway board, new delhi v. niranjan singh, : (1969)iillj743sc , ..... various bodies or associations of cine artists, technicians and workers affiliated to the first defendants be restrained from in any manner whatsoever directly or indirectly :(i) acting upon, enforcing, implementing or taking or continuing any step, action or proceeding for enforcement or implementation of the directions contained in the first defendants' letter ..... pvt. ltd. which is a private limited company, filed a suit against the defendants mainly for an injunction restraining defendants, their agents and members from acting upon the directions issued by the defendants, no. 1 the federation and incorporated in the letter dated may 3, 1980. according to the plaintiffs the .....
Tag this Judgment!Court : Gujarat
Reported in : (1982)1GLR664
..... dispute relating to the conditions of service between the employee and the employer school management. the jurisdiction vested in this tribunal under section 38 of the act, is a very limited jurisdiction. this tribunal cannot enlarge the jurisdiction because it would amount to encroachment on the jurisdiction of the ordinary civil court which ..... limine and secondly, whether the tribunal was right in its conclusion that the petition disclosed no cause of action in terms of section 38 of the act. the learned judge answered the first question against the petitioner of that special civil application holding that the tribunal was competent to reject applications before it ..... always be subject to judicial scrutiny by inquiring as to whether the formation of the said satisfaction had any factual basis or whether the executive had acted in good faith or whether the existence of relevant materials upon which the authority for exercise of executive power is protected are the vide ishwarlal girdharlal .....
Tag this Judgment!Court : Delhi
Reported in : 1981(3)DRJ82
..... statement of a prosecution witness falling under section 162 of criminal procedure code can be used only for the purposes of contradicting the said witness under section 145 of the evidence act, not for any other purpose, for instance, corroborating prosecution or a defense witness or even court witness, nor can it be used as substantive evidence in favor ..... that the information with regard to his treatment by dr. prem parkash was imparted by the appellant himself, the only fact admissible u/s 8 of the evidence act would be pointing out of the shop of dr. prem parkash by the appellant and not the fact as to how he had received the tooth bite. needless ..... deceased during the course of scuffle. under sections 25 and 26 of the evidence act, no confession made to a police officer can be proved against the accused. section 27 of the evidence act being the solitary exception. u/s 27 of the evidence act only a material fact which is discovered as a sequel to disclosure statement is admissible .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1982All490
..... from arbitrariness and any action taken by the state government should be informed with reasons. while dealing with public, the state government is required to act in conformity with some standard or principle which meets the test of reasonableness and non-discrimination and any departure from such standard or principle would be ..... it does so, it cannot arbitrarily choose any person it likes for entering into such relationship and discriminate between persons similarly circumstanced, but it must act in conformity with some standard or principle which meets the test of reasonableness and non-discrimination and any departure from such standard or principle would be ..... characterise every state action, whether it be under authority of law or in exercise of executive power without making of law. the state cannot, therefore, act arbitrarily in entering into relationship, contractual or otherwise with a third party, but its action must conform to some standard or norm which is rational and .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Chandigarh
Reported in : (1982)1ITD907(Chd.)
..... 40 per cent. however, the ito rejected this claim of the assessee on the ground that standard deduction provided under section 16(1) of the income-tax act, 1961 ("the act"), could only be allowed to the assessee because "the assessee is first and foremost a salaried person and all the relevant perks attached to his post are provided ..... corporation for earning the basic salary which he has himself shown as salary income but for earning the incentive bonus, which is neither covered by the payment of bonus act nor otherwise a part of salary as per conditions of employment, he has to put in efforts in propagating the virtues of insuring lives and securing business which ..... at 40 per cent claimed by the assessee.11. we have given very careful consideration to the rival submissions and the facts on record. chapter iv of the act deals with the computation of total income and in section 14 the heads of income are enumerated, salaries being the first. the connotation of salaries is provided in .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1982All451
..... . on 4th sept 1980, however, this notification dated 15th dec. 1978, was also rescinded.8. in the, mean time, the parliament emended the motor vehicles act by act no. 47 of 1978 by introducing amendment in section 47. by this amendment, the parliament provided a scheme of preference. by inserting sub-sections (1), (1a ..... grant of stage carriage permits (except in respect of routes or areas for which schemes have been published under section 68-c of the motor vehicles act, 1939) to all eligible applicants. consequent upon the issuance of the said notification, another notification was issued laying down the procedure while considering the applications ..... and to providing greater employment and securing equitable distribution thereof it was considered necessary to amend sections 47, 50, 55, 57 and 64 of the motor vehicles act, 1939, suitably. accordingly, in the public interest and with the aforesaid objects in view the motor vehicles (uttar pradesh amendment) ordinance, 1972, was promulgated. .....
Tag this Judgment!