Court : Chennai
Reported in : AIR1961Mad180
..... and kodavasal in respect of two buses.(2) in exercise of the powers conferred by section 43-a(2) of the motor vehicles act, 1939 (central act iv of 1939) the government of madras hereby direct the regional transport authority, tanjere to vary the existing route tanjore to kurnbakonam as tanjore ..... to koradacheri via kumbakoriarn and kodavasal. the government have carefully examined the representations with-reference to the conditions specified in section 47 of the motor vehicles act and in consultation with the transport commissioner, madras, have decided that present route tanjore to kumba-lonam should be varied as tanjore koradacheri via kurnbakonam ..... to koradacheri via kumbakonarn and kodavasal.on receipt of this application the regional transport authority published a notification under section 57(3) of the motor vehicles act. there were two other operators on the route kumbakonam to kodavasal, namely, messrs. raman and raman and sri rama vilas service ltd. sri rama vilas .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1961P& H352
..... of the rights and liabilities of the parties under the contract 13. this brings me to the question of limitation. there is no specific provision in the limitation act which would be applicable in the present situation, and under the residuary article 120, the limitation of six years would run from the time when the right to ..... the municipal committee, the first defendant would have been able to set up by way of defence a case for restitution under section 64 of the indian. contract act. a decree in favour of the plaintiffs in the present suit might preclude the first defendant from claiming compensation from the municipal committee on basis of a quasi- ..... section shall be binding on thecommittee'.admittedly, the contract of sale did not conform to the requirements of sub-section (2) of section 47 of the punjab municipal act. it was proposed bysome municipal commissioners in a resolution, of 16th of october 1954 to file a civil suit against the first defendant to recover the land because .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1963Guj183
..... who is the present applicant, he was added as a party-defendant and became qefendant no. 4. in that suit, the learned civil judge came to the conclusion that bal godavri had remarried and decreed the suit. against that decision there was an appeal to the district judge, mehsana, being no. 102 of 1956. in that appeal, the learned ..... death of her husband dhirajram kripashanker, she contracted a re-marriage on 16th november 1954 with one harishanker. the plaintiffs case was, therefore, that godavri having committed a bad act, under the terms of the gift deed, he, being the sole surviving donee ot the two joint donees, was entitled to recover possession of the property, which was the ..... no. 1 in the suit made a gift of the property in the suit to the applicant raval prabhulal bapalal, who is the plaintiff in the suit and one bal shivganga jointly. bai shivganga was a sister of the husband of godavri. sometime after the execution of this deed, bai shivganga died with the result that under the deed .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1962SC955; 1962(0)BLJR636; (1963)IMLJ40(SC); [1962]Supp2SCR769
..... restrictions, and, therefore void and unconstitutional. in brij bhushan's case : 1950crilj1525 , the same majority struck down s. 7(1)(c) of the east punjab public safety act, 1949, as extended to the province of delhi, authorising the imposition of restrictions on the freedom of speech and expression for preventing or combating any activity prejudicial to the ..... penal code, and of sub-para (e), sub-rule (6) of rule 34 of the defence of india rules. their lordships approved of the dicta in the case of bal gangadhar tilak i.l.r. (1898) 22 bom. 112, and in the case of annie basant v. advocate general of madras i.l.r. (1919) indap 176, ..... or small. whether any disturbance or outbreak was caused by these articles, is absolutely immaterial. if the accused intended by the articles to excite rebellion or disturbance, his act would doubtless fall within section 124a, and would probably fall within other sections of the penal code. but even if he neither excited nor intended to excite any rebellion .....
Tag this Judgment!Court : Chennai
Reported in : AIR1963Mad106
..... was different from the contract pleaded by the plaintiff, and therefore, specific performance was not possible. this was not a case where section 14 of the specific relief act should have been applied.4. the point for determination, in this appeal, are (1) whether the suit agreement had been executed by the first defendant without ..... relinquishment of the claim to further performance can be made at any stage of the litigation and the plaintiff can claim relief under section 15 of the specific relief act. this has been followed by the calcutta high court in dwijendra kumar v. monmohan de, : air1957cal209 , where it observed that the relinquishment can be made even ..... into account. in these circumstances. i am of the opinion that the equitable relief of specific performance within the terms of section 15 of the specific relief act, can be granted to the plaintiff.13. consequently, i allow this petition and permit theplaintiff to relinquish his relief in regard to item 2. theappeal is allowed .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1964SC593; [1964]5SCR45
..... greatly prejudiced in their profession. the provisions made in the rules for original side of the said court and for barristers are ultra vires the indian bar council's act and/or amounts to discrimination.' 4. thus, the gist of the petitioners' complaint is that they have been denied by the state equality before the law. the ..... accommodation. the bar library club continued to have its separate accommodation from that allotted to the vakils, as they were called until the passing of the indian bar councils act (xxxviii of 1926). it was again the result of british rule in india, which introduced their own legal system in this country, that the member of the english ..... exercised in the matter of admission and that any application for admission shall be dealt with on its merits. of course, only those advocates who undertake not to act shall be eligible for admission as members of the club.20. this arrangement, agreed to by the respondents 3 and 4 representing their club, is a great improvement .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1965AP332
..... constitution. the regional committee was clothed with power to make recommendations regarding admissions to educational institutions in the telangana area. thus, the regional committee had acted within its powers in recommending reservation in this behalf. it was these recommendations that were given effect to by the academic council pursuant to the requirements of ..... of schedule v of the constitution is in the following terms :'notwithstanding anything in this constitution, the governor may by public notification direct that any particular act of parliament or of the legislature of the state shall not apply to a scheduled area or any part thereof in the state or shall apply to ..... these provisions fell for consideration in air 1962 andh. pra. 212 in which sections 6 and 26 of the osmania university act were the subject-matter of interpretation. section 26 of act ix of 1959 provided that the academic council of the university had to give effect to the recommendations of the regional committee .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1965HP12
..... not arbitrarily or capriciously. in the present case, it has not been shown that in fixing the maintenance of rs. 15/- per mensem, the lower court acted arbitrarily. on the other hand, the learned senior subordinate judge fixed the maintenance after taking into consideration the relevant circumstances. it may be pointed out that there is ..... , air 1963 mad283 and smt. snehalata dansena v. jagdish dansana, air 1964 orissa 122. a contrary view thatan appeal against an order, passed under section 24of the act, does not lie, was taken in prithyirajsinghji mansinghji v. bai shivprabhakumari, air1960 bom 315, saraswathi v. krishna murthy,air 1960 andh pra 30 and gopendra nath v.smt ..... it may be relevant to point out that the words, 'appeal under the code of civil procedure' occurring in article 156 of the first schedule to the limitation act, were interpreted, by the hon'ble supreme court, as referring to an appeal, the procedure, applicable to which, was prescribed by the code of civil procedure, .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1966P& H399; 1966CriLJ1189
..... of money from law-abiding citizens. his criminal history dates back to the year 1951 and his activities have since then continued unabated. through his persistent criminal acts, sham lal established that his remaining at large would be highly prejudicial to the maintenance of public order.'a bench consisting of dulat and capoor, jj. ..... smuggling activities relating to three commodities, cloth, zari and mercury. the detenu in that case had been detained with a view to preventing him from acting in any manner prejudicial to the maintenance of supplies and service essential to the community.their lordships while striking down the order said that the principle which ..... objective test in a court of law. such detention orders are passed on information and materials which may not be strictly admissible as evidence under the evidence act in a court. but, which the law, taking into consideration the needs and exigencies of administration, has allowed to be considered sufficient for the subjective .....
Tag this Judgment!Court : Gujarat
Reported in : (1966)7GLR597
..... constitutional position as regards the rights of petitioners under clause (5) appears to us to be crystal clear. in spite of the fact that the act and the rules do not specifically say anything regarding the aforesaid two fundamental rights, the constitutional position is that the detaining authority must honour those two ..... rights constitutes the bulwark of indian liberty and the rights enshrined therein are of such supreme, importance that, except that they can be amended by parliament acting under article 368, ordinarily, they should be regarded as sacrosanct and inviolate. therefore, unless the result inevitably follows, one would not construe any other ..... president is only the titular head, and in a form of government, modelled on the british pattern, the president, even whilst exercising aforesaid power, must act in accordance with the advice of his council of ministers. in support of this proposition, petitioners and the learned intervening advocates rely upon the following passage .....
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