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Judgment Search Results Home > Cases Phrase: ancient hindu law Court: delhi Year: 1974 Page 1 of about 10 results (0.047 seconds)

Feb 15 1974 (HC)

P.L. Lakhanpal Vs. A.N. Ray and ors.

Court : Delhi

Decided on : Feb-15-1974

Reported in : AIR1975Delhi66; 11(1975)DLT1; ILR1974Delhi725

..... describes it as 'a legal proceeding that is brought by the state, sovereign, or public officer, has a purpose similar to that of the ancient writ of quo warranto, is usually criminal in form and sometimes authorizes the imposition of a fine but is essentially civil in nature and seeks to ..... being rendered of no effect. the order of supersession in that case was held to be mala fide and, thereforee, automatically the position in law would be that the municipality was not superseded and its commissioners including the chairman would continue to exercise the powers and perform the duties which ..... great weight .................. the high court in a quo warranto proceeding should be slow to pronounce upon the matter unless there is a clear infringement of the law.' in effect, these observations are no different than those in university of mysore and another v. c. d. govinda rao and another, (supra). ..... . in other words, the procedure of quo warranto gives the judiciary a weapon to control the executive from making appointments to public office against law and to protect a citizen from being deprived of public office to which he has a right. these proceedings also tend to protect the public ..... office or corporate or public franchise, and may result in judgments of ouster against individuals and of ouster and seizure against corporations.'(8) halsbury's laws of england, third edition, volume 11, para 281 (1) contains a summary of the decisions of english courts with regard to the discretion of .....

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Jan 25 1974 (HC)

Malik Chand Vs. Zubeda Begum and ors.

Court : Delhi

Decided on : Jan-25-1974

Reported in : ILR1974Delhi160

..... no copy of the decree need accompany the memorandum of appeal. it is, however, interesting to notice that while the provisions of the code and the hindu marriage act were considered for the purpose of determining the question in controversy before the division bench, no reference was made to rule 2 (b), part ..... be against the appellant either way.(47) the question for consideration, thereforee, would be whether on the facts and circumstances of this case and the law relative thereto, it could be said that there was sufficient cause for the delay in filing the certified copies of the orders so as to justify ..... had taken the view that where no specific order of exemption had been granted, the appellant could not claim any relief against the rigour of the law of limitation but having regard to the peculiar facts of that case, condoned the delay in filing the certified copy. relying on these observations, in ..... 42 of the act, which deal with the enforcement of such orders are in the following terms : 25. 'notwithstanding anything contained in any other law, where the interest of a tenant in any premises is determined for any reason whatsoever and any order is made by the controller under this act for ..... . the order of the addl. rent controller accordingly set aside ind the addl. rent controller was directed to proceed with the petition in accordance with law.(6) aggrieved by the order of the rent control tribunal, the appellant has come up in appeal under section 39 of the act.(7) before .....

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Nov 22 1974 (HC)

Daya Shankar Kapoor Vs. Union of India Etc.

Court : Delhi

Decided on : Nov-22-1974

Reported in : 1975CriLJ1376; ILR1975Delhi492b

..... matters 'referred to therein will be both 'prejudicial to the security of the state or the maintenance of public order' '.(22) the position of law that emerges from the decisions cited above is that unless the statute itself defines a particular expression by use of the disjunctive, as in the case of ..... a ground on which a legal order of detention could have been based.(17) in the same case, hidayatullah, j., brought out the distinction between the expressions 'law and order', 'public order' and 'security of the state'. he observed thus- 'itwill thus appear that just as 'public order' in the rulings of this ..... that ram manohar lohia should be detamed 'with a view to preventing him from acting in any manner prejudicial to the public safety and the maintenance of law and order'. rule 30(1) (b) of the defense of india rules under which the order of detention was passed was in these terms :- ..... under s. 491 (1) the bar would be inapplicable and proceedings taken on behalf of the detenu will have to be tried in accordance with law.'inconclusion, the supreme court pointed out that the above illustrations did not exhaust all the pleas which could be taken outside the purview of the presidential ..... thereis yet another ground on which the validity of the detention may be open to challenge. if a detenu contends that the operative provision of the law under which he is detained suffers from the vice of excessive delegation and is, thereforee, invalid, the plea thus raised by the detenu cannot at .....

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Oct 31 1974 (HC)

State of Punjab and anr. Vs. I.M. Lall

Court : Delhi

Decided on : Oct-31-1974

Reported in : ILR1975Delhi332

..... a review of the finding by a court of appeal. we find there is force in this submission and so we are constrained to remit this ancient suit (which was instituted on 31st may, 1960) to the court of first instance after a lapse of about 14 years for decision of the ..... the irregularity was not corrected, it could in the case of the plaintiff stay the suit or if necessary reject his plaint as not fulfillling the requirement of law, but dismissal of the suit was clearly illegal and unwarranted. in all india reporter ltd. bombay v. ramchandra dhando datar, : air1961bom292 , a division ..... the plaintiff and is familiar with the relevant files or the facts alleged in the plaint then, he certainly is allowed by the aforesaid provisions of law to make a valid verification. as we have seen, the verification can be made from personal knowledge or on information received and believed to be true ..... , repelled the contention that deposition to the facts of the case could not be made from information believed. the court observed that the provision of law did not require actual personal knowledge on the part of the verifier and that the verifier could very well depose upon his opinion that he had ..... shall be verified by any person whom the government may so appoint and who is acquainted with the facts of the case.'(12) under the provision of law authority to sign and verify pleadings on their behalf has been conferred by various governments. vide statutory rules and order no. 351 dated 25th janaury, .....

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Apr 12 1974 (HC)

Masco Private Limited Vs. Employees' State Insurance Corporation

Court : Delhi

Decided on : Apr-12-1974

Reported in : (1975)ILLJ29Del

..... a step as a result of which legally enforceable rights may be affected.the position as i see it is that the exact limits of the ancient remedy by way of certiorari have never been and ought not to be specifically defined. they have varied from time to time being extended to ..... of the act would be satisfied only if the employer neither submitted the returns nor furnished the particulars nor maintained the registers or records required by law. it is equally difficult to hold that even after these returns, particulars, registers or records were submitted, furnished or maintained but did not conform ..... it how the employees' insurance court put this conclusion:it cannot be said that the petitioner has maintained any proper registers as required under the law and consequently it follows that absolutely no reliance can be placed upon these registers even if they have been produced and shown to the inspector of ..... , the employees' insurance court came to the conclusion that the appellant had failed to produce the necessary records or to maintain the records required by law and the statement made by p.w. 1 did not inspire confidence and that the corporation was in thecircumstancts, justified in making an ad hoc ..... that the assessment of the contribution made by the corporation on an ad hoc basis under section 45a of the act was not permissible in law because the appellant had requested the corporation on a number of occasions to inspect the records of the appellant but that the officials of the .....

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May 06 1974 (HC)

R.D. Aggarwala and anr. Vs. the Union of India and anr.

Court : Delhi

Decided on : May-06-1974

Reported in : ILR1974Delhi520

..... limited scope. in this connection, reference may usefully be made to the observations of the supreme court in rampur distillery company ltd. v. company law board and another : [1970]2scr177 . in that case, the supreme court considered the nature of the satisfaction contemplated by section 326 of the ..... that it is necessary or expedient for exercising the said power. when the exercise of the power has been challenged in a court of law, the government has to show that such circumstances did exist, and that on a .consideration of those circumstances the government considered it necessary ..... s decision to re-introduce control from january 1, 1968, was neither based on extraneous considerations nor on insufficient grounds or mala fide in law. but purely due to the compulsion of the circumstances and to prevent misappropriations of the freight collections paid by the purchasers to which the ..... not honestly form its opinion, and that in forming it did not apply its mind to the relevant facts and thus acted with mala fides in law in promulgating the impugned cement control order, 1967.(17) in the counter affidavit of mr. g. ramanathan, under secretary, department of industrial development ..... separate order of the same date, granted certificate under article 132(1) of the constitution of india that the cases involved a substantial question of law as to the interpretation of the constitution. on the basis of the said certificates, he petitioners in the writ petitions filed appeals in the supreme .....

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Jun 06 1974 (HC)

Union of India Vs. India Hard Metals Private Limited Etc.

Court : Delhi

Decided on : Jun-06-1974

Reported in : ILR1975Delhi737

..... where the award set out relevant words and clause 30 of the contract and also the conclusion of law on the meaning of those words. lord russell said that since the award recited the contract and referred in terms to the provisions of clause 30 thereby ..... one. the court cannot start on a voyage of discovery to find out the reasons which weighed with the arbitrator. this will be an impossible thing nor does the law sanction it. (27) f. r. absalom limited v. great western (london) garden village society, limited, (1933) a.c. 592 is a case in point ..... dunedin in his classic judgment in champsey bhara & co. v. jivraj balloo spinning & weaving co., ltd., air 1923 pc 66 (2) he said : 'anerror of law on the face of the award means, in their lordships' view, that you can find in the award, or a document actually incorporated thereto, as for instance, a ..... ltd. (1953) 2 lloyd's rep. 427. on incorporation of contracts denning lj said this : 'i have a strong suspicion that the arbitrators went wrong in law, but we arc not able to say so without looking at the contract, because the terms of the contract may very the ordinary legal rights and implications. the difficulty ..... 1.has the arbitrator failed to decide the matters in controversy between the parties which were referred to arbitration 2. does the award contain an apparent error of law with regard to the interpretation of clause 18(d) i and ii read with clauses 18(1) & (m) in the schedule to the acceptance of tender .....

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Jan 17 1974 (HC)

Indian Oil Corporation Ltd. Vs. Thakur Shipping Co. Ltd.

Court : Delhi

Decided on : Jan-17-1974

Reported in : ILR1974Delhi650

..... both by academic writers and judges. his observations have been described as 'sweeping assertion' and as 'the most oblique of obiter dicta' (chashire & fifoot-law of contract, 8th edition page 444).(35) in 1926 the observations of lord justice knight bruce were adopted by the judicial committee and formed the basis ..... prescribe that, at least as a general rule, where a man by gift or purchase acquires property' from another, with knowledge of a previous contract lawfully and for valuable consideration made by him with a third person to use and employ the property for a particular purpose in a specified manner, the ..... compelled to come to terms with the charterers. in my opinion it cannot be done for reasons more than one.(31) to understand the principles of law relating to injunctions in cases of ships three notable decisions have to be examined.(32) in de mattos (1) (supra) in 1858 it was ..... with regard to the withdrawal of the ship? the shipowner claimed that they have a right to withdraw the ship and their action was perfectly lawful. the charterers, on the other hand claimed that the shipowners have no right to withdraw the ship and she must be put at their command ..... to any other party on hire or otherwise till the expiry of the period of the charterparty.(12) this case raises interesting questions regarding the shipping law. two questions have been canvassed with regard to the application for injunction. the first question is whether the injunction issued by chawla, j. should be .....

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Sep 25 1974 (HC)

R.C. Abrol Vs. Official Liquidator R.C. Abrol and Co. Pvt. Ltd. and or ...

Court : Delhi

Decided on : Sep-25-1974

Reported in : ILR1975Delhi202

..... . the scope of the public examination was also indicated by vimadalal j. following certain passages in the earlier (41st) edition of core browne on joint stock companies, pennington's company law (2nd ed.) etc:-a roving inquiry to ciscover facts in regard to the fraud alleged in the promotion or formation of the business of the company or in regard to ..... p. c. khanna that the report of 'the o.l. does not furnish a sufficient basis for ordering the public examination of smt. swaran lata. (19) a notice according to law and in the manner directed by me on the earlier occasion will issue and the publications also, as directed, will be made for public examination of shri r. c. abrol .....

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Nov 01 1974 (HC)

Dharam Dev Mehta Vs. Union of India and ors.

Court : Delhi

Decided on : Nov-01-1974

Reported in : ILR1975Delhi492

t.p.s. chawla, j.(1) there is only one question raised in this. apreal : wheatherv the notiece retiring the appellant on attaining the age 55 years from the post of an auditor. which he was then holding, was issued by the 'appropriate authority'.' a single judge of this court has held that it was. hence the appellant has appealed. (2) in october 1952 the appellant was taken into the subordinate accounts service. he was promoted on 23rd august 1962. a controversy exists whether he was then made an assistant accounts officer or an assistant audit officer, bill it is of no consequence. it is agreed that he functioned as an assistant audit officer. by an order dated 8th april 1968 the comptroller and auditor general of india redesignated this post as audit offiiecr, the word 'assislam.' being dropped. in every other respect the post remained the same. at that time the appellant was working in the office of the chief auditor, commercial accounts, northern region. new delhi whilst. till so employed he received a notice dated 28th august 1968 from the director of commercial audit. saying that. as in his opinion . was in the public interest to do so, the appellant would retire from service on attaining the age of 55 years-, on 10t5h november 1968 or from the date of expiry of 3 months is service after service of the notice. whichever was later. the appellant's representation for an extension of his service on compassionale grounds was rejected. on 15th november 1958 the appellant .....

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