Court : Punjab and Haryana
Reported in : AIR1973P& H320
..... of the supreme court in hazari v. neki, air 1968 sc 1205, which lays down that the right of pre-emption under section 15(1) of the punjab pre-emption act, 1913, can be exercised by the legal representatives of the deceased plaintiff pre-emptor. in that case also the suit had been filed by the uncle of the vendor on .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1973)75PLR558
..... that the argument of the learned counsel is clearly wrong. the legislature, while providing exception in clause (b) of section 398(1) of the companies act, clearly visualized that cases might occur in which financially hard-pressed companies might save themselves by arranging with their creditors to become shareholders and directors in lieu ..... the company and the minority shareholders represented by himself, his mother and sister. otherwise, no instances have been stated in the petition as to the acts of mismanagement by the present board of directors except that the appellant has been removed from the directorship of the company and has been deprived of ..... constituted by the existing members, cannot be held to be improperly constituted. it is, therefore, necessary that the petition under section 155 of the companies act should be decided first. as long as the present register of members of the company continues, those members cannot be restrained from exercising their individual and .....
Tag this Judgment!Court : Delhi
Reported in : ILR1973Delhi675
..... the industrial disputes act. the fiction works both ways, and must now he held in reverse. the fault in the reasoning propounded by counsel for the employers is that it breaks ..... demanded by the fiction. it is not the purpose or the effect of the fiction to alter the concept of the dispute arising under the payment of bonus act, which remains one between employers and employees. it is only a drafting device to make availa ble the machinery for investigation and settlement of disputes already established by ..... freed from the prospect of further or fresh proceedings. (16) this reasoning is fallacious because it forgets the fictions which section 22 of the payment of bonus act creates. it is important to remember that the fiction made it appropriate to use the word workmen instead of employees. the two words were equated by the need .....
Tag this Judgment!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 : Rajasthan
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
Reported in : 1973(6)WLN934
..... ornaments.36. vehement argument was addressed to us in regard to the unfair investigation and it was submitted that because of this unfairness the statements under section 27, evidence act should be disbelieved. reliance was placed on ghazi v. state : air1966all142 and amin v. state : air1958all293 . in ghazi's case : air1966all142 the learned judges ..... emperor 29 cr. l.j. 1009 (1014); in re kallameedi chenna reddi 42 cr.l.j 582 tahsilder singh v. state : air1958all214 and delhi administration v. bal kishan : 1972crilj1 mr. purohit appearing for the respondent rama and kanwar singh urged that it was highly improbable that this witness would have been able to identify rama ..... it. amin's case : air1958all293 , however, lays down that articles 20(3) of the constitution of india applies to discoveries under section 27 of the evidence act, if these discoveries are the results of compulsion, and the scooe of section 27 is itself restricted by article 20(3) of the constitution and the discoveries .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1975Cal243,79CWN157
..... mr. d'rose rightly emphasised it is extremely difficult to prove actual fact of adultery. seclusion and secrecy are most likely to be observed while indulging in such promiscuous acts. (air 1935 nag 49), (air 1933 all 427) may be mentioned in this connection. what is required is that the cumulative effect of the evidence should satisfy ..... their prayers. similarly in the case of stracey v. stracey, reported in air 1957 assam 66 it is stated that adultery from its very nature is a secret promiscuous act. insistence on direct evidence by courts may well amount to a denial of the legitimate protection of marital rights. referring to the case of subrata v. dipti, reported ..... to live at chakradharpur permanently but his answer was not contradicted. mr. d'rose submitted that the respondent's evidence was hit by section 115 of the evidence act and secondly it was a surprise evidence. he referred to sarkar's evidence and odgers in this connection. he cited also rayden, 10th edition page 790 paragraph .....
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 : Supreme Court of India
Reported in : AIR1976SC91; 1976CriLJ172; (1976)1SCC145
..... prosecution did not choose to examine gurdev singh, excise & taxation officer, though, according to the evidence of jagdish raj, arjun das, inspector hardas singh and sub-inspector bal dev singh, gurdev singh happened to come there before the person of the appellant was searched and he was a witness to the search. the only reason given by the ..... the appellant charging him for offences under section 161 of the indian penal code and section 5(1)(d) read with section 5(2) of the prevention of corruption act, 1947. the appellant was, as pointed out above, convicted and sentenced by the learned special judge and his conviction was confirmed in appeal by the high court, ..... sentence recorded against the appellant under section 161 of the indian penal code and section 5(1)(d) read with section 5(2) of the prevention of corruption act, 1947. the appellant was tried by the special judge, amritsar and for each of the two offences he was convicted and sentenced to undergo rigorous imprisonment for one .....
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