Court : Supreme Court of India
Reported in : AIR2009SC2098; JT2009(4)SC155; 2009(2)KLT95(SC); 2009(3)SCALE829; (2009)12SCC635; 2009(3)LC1414(SC); 2009AIRSCW2678
..... the corporation, however, did not release the factory and, in the meanwhile, the state of kerala passed the kerala cashew factories (requisitioning) act, 1979 (hereinafter referred to as the `act'). ..... the kerala cashew factories (requisitioning) act, 1979 was amended by act 26 of 1985 (hereinafter referred to as `amending act'). ..... section 4 of the act provides that the government may at any time release from requisition any cashew factory requisitioned under section 3 and upon this happening the government shall restore the factory in as good a condition as it was when the possession thereof was taken by virtue of the lease executed by it with the owner of the cashew factory, subject to the provisions contained in such lease and to changes caused by reasonable wear and tear and irrespective force. ..... section 4 of the act provides that the government may at any time release from requisition any cashew factory requisitioned under section 3 and upon this happening the government shall restore the factory in as good a condition as it was when possession thereof was taken by virtue of the lease executed by it with the owner of the cashew factory, subject to the provisions contained in such lease and to changes caused by reasonable wear and tear and irresistible force. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1963SC1703; [1963]Supp2SCR834
..... nand lal : [1950]1scr766 , accepted the said observations of the privy council as a correct statement of law, but added that it should be taken with the caution which the judicial committee uttered in the course of the same observation, namely, that 'the meaning of every word in an indian document must always depend upon the setting in which it is placed, the subject to which it is related and the locality of the grantor from which it receives its true shade of meaning. ..... his object could be achieved in three ways, namely, (i) by conferring a life estate in his property of his wife and giving a vested remainder in the same to his adopted son; (ii) by making a joint bequest to both of them; and (iii) by making a bequest of an absolute interest to his wife with a gift over to his son operating by way of defeasance. ..... both can be reconciled and full meaning given to all the words used by the testator, if it be held that there was an absolute bequest in favour of the wife with a gift over to operate by way of defeasance, that is to say, if the son survived the wife, the absolute interest of the wife would be cut down and the son would take an absolute interest in the same. ..... 75 of the said act. 6. ..... 82 of the said act. ..... 86 of the indian succession act. ..... 112 of the indian succession act. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1972SC375; [1972]84ITR475(SC); (1972)4SCC489; [1972]1SCR1016
..... in that case it was held that agricultural income taxable under the kerala agricultural income tax act 1950 was 60% of the income computed under the income tax act after deducting therefrom the allowances authorised by section 5 of the kerala act insofar as the same had not been allowed in the assessment under the income tax act. ..... manufactured by the seller in the state of madras, the portion of the income worked out under the indian income tax act and left unassessed as being agricultural shall be assessed under the act after allowing such deductions under the act and the rules made thereunder:provided that the computation made by the indian income tax officer shall ordinarily be accepted by the agricultural income tax officer who may, for his satisfaction under sections 16 and 16 of the act, obtain further details from the assessee or from the indian income ..... there was no provision in the kerala act or the rules authorising the agricultural income tax officer to disregard the computation of the tea income made under the income tax act. ..... there is only one factory manufacturing tea grown in the madras and kerala portion of the estate. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1973SC2468; 1973LabIC1467; (1973)2SCC466; 1973(5)LC722(SC)
..... therefore if the passing of an examination is made a pre-requisite for a clerk to be promoted as an assistant, he can never hope to act any promotion except by passing an examination and becoming an ..... by that petition the appellant wants to contend that since the post of assistant, for which the passing of the examination which was struck down in the reported judgment was made a necessary qualification under the rule, was newly created and there was no such post earlier there is no question of changing the service conditions of the respondent to his disadvantage, and section 115(7) of states reorganisation act, 1956 would, therefore, ..... 602 of 1970 and 249, 2308 and 2816 of 1972, in which no notice has yet been issued to parties, have been kept pending because of the pendency of these two appeals, as a consequences of dismissal of these two appeals, these special leave petition will also stand dismissed. ..... would necessitate the matter being remanded to the trial court for establishing various facts as for instance in the pepsu state, in which these respondents were originally employed there was any necessity for clerks to pass any examination before they could be promoted to a higher post, what that higher post was, and what was the equivalent post in the pepsu secretariat to the post of assistant on the punjab secretariat ..... therefore, clearly a change in the conditions of service of the respondents contrary to the provisions of section 115(7) of the state reorganisation act, 1956. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1966SC1137
..... making an adoption after his death;(3) that she did not mention in the deed of adoption the fact that she had authority from her husband to adopt;(4) that in the year 1942 she had instituted a suit against the other members of the family for partition of the family property and alternatively for maintenance in forma pauperis but she did not mention in me plaint that she had a power ..... lakshmikantha, (1942) 20 mys lj 384, contended that the presumption arising under section 9(1) of the act is not an irrebuttable one and that this presumption should be deemed to have been rebutted by reason of the following circumstances: (1) that though her husband died in the year 1911 his widow did not think of making adoption for almost 40 years;(2) that her deceased husband had left two daughters at the time of his death and must have, therefore, prohibited his wife from ..... later the hindu law women's rights act came into force under section 8 of which the widow of a deceased coparcener belonging to the joint hindu family was given a right to share in the family property. ..... section 9(1) of that act runs thus:'in the absence of an express prohibition in writing, by the husband, his widow, or, where he has left more widows than one, the seniormost of them shall be presumed to have his authority to make an adoption ..... on the question of authority the law in the state of mysore is to be found in mysore act 10 of 1933 entitled hindu law women's rights act. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1968SC707; 1968(16)BLJR734; 1968CriLJ665; 1968MhLJ520(SC); [1968]2SCR287
..... : [1963]3scr412 , it is pointed out that an interference in revision with an order of acquittal can only take place if there is a glaring defect of procedure such as that the court had no jurisdiction to try the case or the court had shut out some material evidence which was admissible or attempted to take into account evidence which was not admissible or had overlooked some evidence. ..... looking to all the circumstances that have been brought to our notice, we are satisfied that the sessions judge acted within his rights in deciding the case which to us appears also to be somewhat doubtful in many respects and the high court was therefore in error in taking upon itself the duty of hearing a revision application as if it was an appeal and setting aside the acquittal not by convicting the accused but reaching the same result indirectly by ..... the indian penal code for intentionally causing the death of one kuldip singh with a fire-arm on december 18, 1961 in village gajra chatar; the second was attempt to murder kuldip singh's companion sarju singh by shooting at him with the same weapon; and the third was the unlawful possession of the weapon (a revolver) which is an offence under the arms act ..... other words, the learned judge in the high court has not attended to the rules laid down by this court and has acted in breach of ..... 439 of the code of criminal procedure acted in accordance with the principles settled by this court for interference with acquittal by way of revision filed by .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1969SC552; [1969]1SCR444
..... court had jurisdiction to entertain and try the suit and the indian limitation act was applicable to the suit though the cause of action may have arisen outside india ..... he argued that the high court failed to take into account the exceptions to section 19 of the indian contract act and that assuming that shanmugham's consent was procured by fraud, nevertheless the agreement was not voidable as he had the means of discovering the truth with ordinary ..... the high court held that the defendants were liable to pay (1) 35535 dollars and 50 cents on account of dividend, (2) interest thereon at 6 per cent per annum from the date of their receipt till november 28, 1958, (3) 10250 dollars after deducting from the value of the shares amounting to 31250 dollars the sum of 18000 dollars received by the plaintiff on january 7, 1924 and another sum of 3000 dollars given up by the ..... on september 14, 1927 shanmugham instituted a suit against the defendant in the court of the subordinate judge, devakottai, asking for a declaration that he was entitled to the original 5 shares in the rubber estate, that exhibits a-177, a-178 and b-2 were void and for accounts and ..... the suit was instituted on september 14, 1927, it is common case before us that if the period of the defendant's absence from india is excluded under section 13 of the indian limitation act, 1908, the suit is not barred by ..... the suit is for obtaining relief on the ground of fraud and is governed by article 95 of the indian limitation act, .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1972SC2069; 1972MhLJ55(SC); (1973)2SCC312; [1973]1SCR570
..... (as he then was) dealing with the case of persons who were minors at the time the transaction was entered into observed :the mere act of succession to the father may not amount to ratification as the son's enjoyment is consistent with his right of inheritance to the father. ..... subbu chetty's family chanties' case (supra), that if a person having full knowledge of his right as a possible reversioner enters into a transaction which settles his claim as well as the claim of the opponents at the relevant time, he cannot be permitted to go back on that agreement when reversion actually falls open.23. ..... they are : (1) that which is embodied in section 115 of the evidence act, (2) election in the strict sense of the term whereby the person electing takes a benefit under the transaction and (3) ratification, i.e. ..... it is settled law that an alienation by a widow in excess of her powers is not altogether void but only voidable by the reversioners, who may either singly or as a body be precluded from exercising their right to avoid it either by express ratification or by acts which treat it as valid or binding.21. ..... what he could not do at the time of the transaction must be deemed to have been done by him by his act of ratification. ..... his enjoyment of the benefit after attaining majority may in itself be, a sufficient act of ratification.18. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1974SC1692; (1974)1SCC608; [1974]3SCR440
..... this section reads as under:section 116a-(1) notwithstanding anything in this act where the registrar, in the interest of the co-operative movement; considers that the creation of a common cadre of employees for any class of societies is necessary, he may, constitute an appointment committee or authorise one or more federal societies to which such class of societies is affiliated, to exercise the power of appointment, transfer and disciplinary action in respect of such categories of employees of that class of societies as may be specified by him and make such regulations as may ..... these two sections and the impugned rule are as follows:section 115-''subject to the provisions of this act, the board shall have such power of supervision over the mortgage banks including power of appointment, transfer and disciplinary action in respect of the employees of mortgage banks as may be prescribed, and may, with the previous approval of the registrar, make such regulation as may be necessary for carrying out all or any of the purposes of this chapter. ..... unless there is any specific provision in the act which directly creates a contractual liability between the central mortgage bank and the borrowers from the mortgage banks, the liability of the borrowers for payment of loans advanced to them is only to the mortgage banks which actually advanced the loans to them. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1970SC1972; (1971)73BOMLR51; (1970)1SCC171; [1970]3SCR285
..... the appellants before the high court were attempting to save their property by challenging the validity of the act and , the decision of the court that the act was valid directly affected the civil rights of the parties in properties well over the mark in value. ..... the appellants and 3 others had, by their several petitions under article 226 of the constitution asked that certain notices issued under section 17(2) of the act for declaration of lands in excess of the ceilings as surplus and requiring that they be surrendered, be quashed on the ground that the maharashtra agricultural lands (ceilings on holdings) act 1961 (27 of 1961) offended article 14, 19 and 31 and was therefore void under article 13. ..... : [1968]3scr712 this court has held the act to the intra vires and the act is also included in the 9th schedule and is protected by article 31-b of the constitution. ..... it was held that barring section 28, the act was already held to be validly enacted in a decision of the high court in another petition decided on october 25, 1968. ..... the divisional bench also pointed out that the act was included in the 9th schedule to the constitution and enjoyed protection of article 31-b. ..... the earlier case had laid down that the act was saved by article 31-a. .....
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