Court : Mumbai
Reported in : (1978)80BOMLR593
..... panth maths were private properties of shishyas.30. neither the lower court nor the learned advocates and parties were conscious of the possible application of the bombay public trust act, 1950, to the mahanubhava panth maths and properties as prima facie the definition of 'public trust' would include such math under section 2(13) as the suit ..... the caste system and follow the rituals of their own caste and carry on social contacts with their caste people and marry among them. similar views are expressed by bal krishna mahanubhava shastri. but we are not really concerned with their theology. what we have to determine are the social and political consequences of such conversions and that, ..... itself was misconceived ignoring the rules of hindu law and the provisions of the bombay public trust act, 1950, the plaintiff's suit is liable to be dismissed on the ground that she did mot set up the usage supporting her right in respect of the .....
Tag this Judgment!Court : Delhi
Reported in : ILR1977Delhi517B
..... contained in the september 59 memorandum to class i officers of the ministry of irrigation and power after the enforcement of the december 59 memorandum constituted an act of hostile discrimination, in that the rules contained in the december 59 memorandum were made applicable to other service in the ministry, and as to the ..... necessarily include a provision for the quantum of holidays and leave and that for the purpose of construing clause 5 of the schedule to the industrial employment (standing orders) act, 1946, the expression 'condition' must be reasonably construed in a 'broad' and 'liberal' sense rather than in a narrow sense. relying-on the decision of the ..... north-west frontier province v. suraj natain anand(l), the judicial committee construed the expression 'conditions of service' in section 243 of the government of india act to be wide enough to include a provision regarding termination of service. this decision was followed by the supreme court in the case of pradyat kumar bose v .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1978All18
..... dealt with different provisions of law, the observations made therein are helpful for construing the scope of the expression 'resided together' occurring in section 19 of the act. i consequently unhesitatingly hold that the three visits, attributed to the applicant, to bareilly to the father's house of the opposite party to achieve reconciliation between ..... petition had been lodged had no jurisdiction to entertain and hear it.4. the learned civil judge, bareilly, before whom the petition under section 10 of the act was pending, framed a preliminary issue as follows :--'whether this court has jurisdiction to try the suit'.on the preliminary issue the opposite party examined herself as ..... was found on allegations of mental and physical cruelty.2. undisputably the applicant and the opposite party were hindus within the meaning of section 2 of the act and were married according to the hindu rites and customs at allahabad on the 25th june, 1974, after their marriage they lived as husband and wife .....
Tag this Judgment!Court : Delhi
Reported in : ILR1977Delhi739; 1978RLR111
..... . the same view has been taken by avadh behari, j. in suchitra kalsie vs. rajinder k. kalsie, 1975 plr d.s 79.(14) in mrs. rita nijhawan v. mr. bal krishan nijhawan, 1973 dlt 222, a division bench of this court held that the law is well settled that if either of the party to a marriage being a healthy ..... some incurable mental or moral disability resulting, in the man, in inability to consummate the marriage with the particular woman, or, 'n the woman, to an invincible repugnance to the act of consummation with the particular man, the marriage may, on the petition of either party. be declared null and void. it is further laid down in the footnote that where ..... ability to have intercourse in general.(13) in jagdish kumar v. smt. sita devi, , a learned single judge held that where the husband was wholly unable to perform the act of sexual intercourse with his wife for which he had full opportunity, having lived in the same room for two .or three days and nights immediately after the marriage, it .....
Tag this Judgment!Court : Kerala
Reported in : (1978)IILLJ305Ker
..... been effected between the state bank of travancore and the employees' union, which, although not legally binding, had been accepted and acted upon as eminently fair and reasonable, and that this would be a circumstance to decline interference in writ jurisdiction.7. the learned advocate general appearing for the writ ..... certainly not amenable to correction under article 226 of the constitution ; that the statutory finality of the reserve bank's decision both under the provisions of the act and the scheme framed thereunder would preclude interference; and finally, that a settlement dated july 31, 1968, shown at page 88 of the paper book had ..... bank (referred to as the ' transferee-bank '). the two banks were amalgamated with effect from february 8, 1954. section 45, clause (4) of the banking regulation act, 1949, contemplates the preparation of a scheme for amalgamation. ex. p-1 is a copy of such scheme prepared by the appellant. the material provisions of the scheme .....
Tag this Judgment!Court : Allahabad
Reported in : 1978CriLJ1335
..... appellants were arrested. on a search being taken the two appellants were found in possession of unlicensed arms. on the basis of this recovery, cases under the arms act were registered. the two appellants were handed over to sub-inspector gurbachan singh. while under arrest, appellant vikram singh promised to point out the sten gun. the ..... appellant led sub-inspector bal kar singh and the witnesses to house no. 1197 in chandigarh and from a locked room sten gun ext. 2 with magazine and some other articles was recovered ..... attempted to proceed towards the shop but when dharampal fired towards them they took shelter behind trees. all the witnesses claimed to have recognised the two appellants. sub-inspector bal kar singh (p.w. 5), sub-inspector kishori lal, sub-inspector gur bachan singh, head-constable gur nam singh and jarnal singh (p. w. 24) are .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1979AP14
..... was held that the high court in revision is bound to take note of subsequent events in disposing of under the andhra pradesh buildings (lease, rent and eviction) control act, 1960.21. what therefore follows from the fore going discussion is that the power conferred upon the court to permit amendments of the pleadings can be exercised at any ..... was not satisfactory and therefore the matter was remanded to the court below for fresh disposal. as regards the question of applicability of section 14 of the hindu succession act, at the instance of the counsel on either side, that question was kept open.7. after the matter was remanded back the petition giving rise to the above ..... . she supported the plaintiff.4. the trial court held that the limited interest of bangarayya was enlarged into an absolute estate under sec. 14 of the hindu succession act. but for the will the 4th defendant could have been entitled to the property and defendants 1 to 3 could not be entitled to the property. the will was .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1979All162
..... than 12 years and the suit was barred by limitation as prescribed by article 65 of the schedule to the limitation act. the act of the defendant in getting his name recorded as owner before the bhumi bhawan kar authorities and the dismissal of the ..... deed in favour of his wife, he preferred to proceed on the assumption that the licence stood revoked on the death of bal-deo's widow and plaintiff's mother smt. ba-santi devi in the year 1936, this also implied the position, that ..... not having been avoided by any creditor and being a good and valid transfer, the house in suit became the stridhan of bal-deo's wife and devolved on her death on her daughter by succession to the exclusion of the plaintiff, that the ..... rejected without any enquiry on 26th november, 1964. thereupon the plaintiff warned the defendant several times to refrain from his illegal acts and to admit the plaintiff's ownership but the defendant refused, whereupon the plaintiff revoked the defendant's licence and asked the .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1979Raj29
..... amri is bringing up the boy mahendra. it was necessary for taru ram to make her a party in accordance with section 10(1)(d) of the guardians and wards act. 1890, as she admittedly is having the actual custody of the child. omission to make her a party is an irregularity vitiating the whole proceedings and order appointing the guardian ..... kiran babu is on behalf of dr. snehlata.6. jotram's case ilr (1969) 19 raj 989 (supra) was a case where an application under section 25 of the act 1890 was filed by taru bam alleging that jotram had been forcibly keeping both his minor children mahendra and kamla for sometime. the non-applicant jotram contested the application on ..... whom she does not recognise and has developed no feeling of affection towards her father.8. learned counsel for the respondent has contended that according to section 6 of the act, 1956, the respondent being the father of the minor is her nautral guardian in respect of the minor's person as well as in respect of minor's property. .....
Tag this Judgment!Court : Delhi
Reported in : 15(1979)DLT336
..... the various sections of the act, it appears to me quite obvious that sec. 33 contemplates independent proceedings for a determination that the arbitration agreement or the award did not exist or either of ..... threshold that the impugned order being appealable under sees. 17 and 39 of the act no ' revision can be maintained separately against an order rejecting the application under sec. 33. rulings were also cited on either side but from a bare glance of ..... contesting on the basis of adverse possession. prithvi raj, bhim sen and his successor inder kumar have not challenged the award. some portion of the award has been acted upon and money appearspears to have been paid to prithvi raj and bhim sen in pursuance thereof. (4) the learned counsel for the respondent submitted at the .....
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