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 : 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 : 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 : 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 : 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 .....
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