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 .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1969AP151
..... sivarama sastry, while not contesting the position that though balaiah had withdrawn from the contest, he is a candidate within the meaning of section 82(b) of the act, submitted that neither in the election petition nor in the amendment which was carried out by the insertion of paragraph 5(a), is there a specific allegation of corrupt ..... had received the bribe, and that the bribe had been paid and received as a motive or reward for balaiah withdrawing from being a candidate. section 123 of the act lays down what acts amount to corrupt practices. sub-section (1) (b) (a) of that section provides:'bribery' that is to say.- (b) the receipt of, or agreement ..... that the 1st respondent herein, his election agent, polling agents and other workers mentioned in schedule-i, have committed the corrupt practices enumerated in section 123 of the act; 3. costs of this election petition be awarded and 4. pass such further and other order or orders as may be found expedient under the circumstances of the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1970All362; [1970]26STC310(All)
..... powers or perform any other function except those conferred on or entrusted to him as such authority.'the assistant commissioner held that, as neither the act nor the rules framed thereunder conferred any specific power of allowing an amendment of a memorandum of appeal upon the appellate authority, the memorandum must ..... implication. statutory provisions requiring certain transactions to be evidenced by writing are not unfamiliar. and, when transactions are reduced to writing. section 91 of the evidence act, containing the best evidence rule, prohibits reception of oral evidence to prove the terms of the transactions. the notion is, therefore, not novel. it is ..... the preliminary objection raised by the respondents on the ground that the petitioner should be referred to his statutory remedies under the u.p. sales tax act should be rejected. the writ petitions were filed against the assessment orders and while they were pending the petitioner also filed appeals against these assessment orders .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1970All170
..... bear in mind that when the old and admittedly authoritative texts of mohammedan law were promulgated, there were not in the contemplation of any one any transfer of property acts, any registration acts, any revenue courts to record transfer of the possession of land, or any zamindari estates large or small, and that it could not have been intended to ..... must not be forgotten that at the time when the mahomedan law came to be formulated, there did not exist modern laws, like the transfer of property act, the registration act and the revenue acts. the transfer of physical possession could at that time, be the only mode by which the intention of the donor and the donee could be ascertained ..... daughter-in-law and her children, in kandath v. muslium, (1907) ilr 30 mad 305 where the gift was made by a mother to her daughter, in baldeo prasad bal govind v. shubratan, 1936 all lj 590 where the gift was made by the donor to his daughter-in-law, and in : air1937all547 (supra) where the gift was made .....
Tag this Judgment!Court : Rajasthan
Reported in : 1969WLN395
..... contracted another marriage and mst. kalawati is not treating the children loving and effectionately, the application filed by taru ram, under section 25 of the guardians and wards act, 1890, should have been dismissed and no order should have been passed that the minors should be made over to taru ram. learned counsel for the opposite side ..... the impugned order of the court below.5. it is an admitted position that mst. kamla has already been married. under section 6 of the hindu minority and guardianship act, 1956, her husband became the lawful guardian of his minor wife. there remains, therefore, no question of the delivery of the custody of mst. kamala to the ..... in bairam mandal v. rajani mandal in : air1964pat505 . in that case, it was pointed out that in appointing a guardian for a minor under the guardians and wards act, 1890, interest and welfare of the minor is the first and main consideration and in such consideration the court should have regard 1o the age, sex and religion. if .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1971AP103
..... the several villages officers and the description and from of accounts and registers to be kept by them. likewise, the hereditary village-offices act. (act iii of 1985) provided that the board of revenue may make rules prescribing the duties of the holders of the village offices and the description and forms ..... and as counters.11. the statues concerning village establishments that came into existence subsequently, also throw some light on the question. the proprietary estates 'village service act (act ii of 1894) provided by section 32 that the board of revenue may with the approval of the government, make rules in regard to the duties of ..... to the revenue accounts of the government the connotation of that expression assume great importance in the proceeding prescribed by section 3 of the inams abolition act. the act does not specify or described the accounts which are deemed relevant or material for the determination of the question. no other statute also has furnished any .....
Tag this Judgment!Court : Kerala
Reported in : AIR1972Ker27
..... up to the new law of the constitution and the spirit of the times. religious and charitable transfers stand on a different footing.16. the shariat act, 1937 (act 26 of 1937) provides for the application of the personal law in regard to various matters like marriage, succession, dower, guardianship, gifts, trust and trust ..... requisites of a valid muslim gift, of declaration, acceptance and vesting of possession have been complied with.7. section 17 (1) of the indian registration act enumerates the documents which shall be registered and includes therein 'instruments of gift of immovable property'. counsel for the respondent, supporting the view taken by the courts ..... is inadmissible in evidence to speak to a gift on account of the embargo contained in section 17(1)(a) and section 49 of the indian registration act. an interesting argument has been addressed that, muslim law notwithstanding all gifts by mahomedans must comply with the legal requirements prescribed by the general law applicable .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1973Bom365; (1973)75BOMLR257; ILR1973Bom1163; 1973MhLJ766
..... tribunal and the additional mamlatdar, yawal, held that because the landlady had applied under s. 31 read with s. 29 of the bombay tenancy and agricultural lands act, 1948, for recovering possession of the land for bona fide personal cultivation and obtained possession after fighting the litigation up to the revenue tribunal of the half portion on ..... paid the rent. after remand possession was again ordered by the tenancy awal karkun. the deputy collector set aside that order. the revenue tribunal confirmed that order, bal j. refused to interfere with the order of the tribunal and while doing so made an observation that even though s. 31c prevented the widow from making an ..... 29 read with section 14 was not maintainable. the tribunal upheld this contention. the said decision of the tribunal was challenged in the above special civil application and bal j. held that section 32-f was attracted as the petitioner was a widow and hence the tenant could not become the purchaser and section 31-c was .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1973P& H104
..... negligence' and, what is termed as 'composite negligence'. the term 'contributory negligence' applies solely to the conduct of a plaintiff. it means that there has been an act or omission on his part, which has materially contributed to the damage.'17. i am in respectful agreement with the observations in the above two cases. though this was ..... :--'i award shrimati bhagwanti in her own right and as guardian of minor children rs.31,500/- as compensation under section 110-b of the motor vehicles act against shri darshan singh and krishna roller and flour mills limited jointly and severally.'from the above facts, the learned counsel for the respondents argues that whole ..... , namely:-- (a) where the vehicle is a goods vehicle a limit of twenty thousand rupees in all, including the liabilities, if any, arising under the workmen's compensation act, 1923, in respect of the death of, or bodily injury to employees (other than the driver), not exceeding six in number, being carried in the vehicle; (b) .....
Tag this Judgment!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 .....
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