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Judgment Search Results Home > Cases Phrase: ancient hindu law Sorted by: recent Year: 1974 Page 12 of about 171 results (0.063 seconds)

Apr 17 1974 (HC)

Harijander Singh Vs. Selection Committee, Kakatiya Medical College, Wa ...

Court : Andhra Pradesh

Decided on : Apr-17-1974

Reported in : AIR1975AP35

..... it awards.' the learned chief justice at page 882 lurcher observed :'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 carried from time to time being extended ..... rightly decides that a private aided and affiliated college is amenable to writ jurisdiction whenever it acts in excess of jurisdiction, commits an error of law or violates principles of natural justice.54. in the later case under examination, the lecturer was temporarily appointed. she was not qualified to be ..... literally taken and mechanically followed. it has to be understood in the backdrop of various remedies and their scope and purpose in the administrative law. if they are literally taken and applied to all remedies and in all situations, then the tax or rate payers' cases challenging various ..... remedies justifies such an attitude.42. moreover, the important aspect of the writs enumerated in article 226 is that they belong exclusively to public law with the exception of habeas corpus. their primary object is to make the machinery of government and administrative tribunals and bodies work properly rather ..... unduly restrictive, nevertheless one has necessarily to analyse the implications of the learned lord's observation in order to appreciate the present state of law.30. we have seen that according to the learned lord 'whenever any body of persons having legal authority to determine questions affecting the rights .....

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Apr 16 1974 (FN)

Arnett Vs. Kennedy

Court : US Supreme Court

Decided on : Apr-16-1974

..... "property": "to have a property interest in a benefit, a person . . . must . . . have a legitimate claim of entitlement to it. it is a purpose of the ancient institution of property to protect those claims upon which people rely in their daily lives, reliance that must not be arbitrarily undermined." id. at 408 u. s. 577 . accordingly, in ..... 154 . courts once considered procedural due process protections inapplicable to welfare on much the same theory -- that, "in accepting charity, the appellant has consented to the provisions of the law under which charity is bestowed." [ footnote 5/4 ] obviously, this court rejected that reasoning in goldberg, supra, where we held that conditions under which public assistance was afforded, ..... 'catchall' clauses prohibiting employee 'misconduct,' 'immorality,' or 'conduct unbecoming.' we think it is inherent in the employment relationship as a matter of common sense, if not [of] common law, that [a government] employee . . . cannot reasonably assert a right to keep his job while at the same time he inveighs against his superiors in public with intemperate and defamatory ..... or other conduct prejudicial to the government." the oeo further provides by regulation that its office of general counsel is available to supply counseling on the interpretation of the laws and regulations relevant to the conduct of oeo employees. [ footnote 7 ] both the commission and the oeo also follow regulations enlarging the procedural protections accorded by the act .....

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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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Apr 11 1974 (SC)

Maganlal Chhaganlal (P) Ltd. Vs. Municipal Corporation of Greater Bomb ...

Court : Supreme Court of India

Decided on : Apr-11-1974

Reported in : AIR1974SC2009; (1974)2SCC402a; [1975]1SCR1

..... upon us and are engulfing and annihilating us--engulfing and annihilating the very devotees that worshipped at their shrine. so the air is full of new cults that disavow the ancient faiths. some of them tell us that instead of seeking certainty in the word, the outward sign, we are to seek for something deeper, a certainty relative and temporary, ..... benjamin nathan cardozo by margaret e. hall). at the same time, it has to be borne in mind that certainty and continuity are essential ingredients of rule of law. certainty in law would be considerably eroded and suffer a serious set back if the highest court of the land readily overrules the view expressed by it in earlier cases, even though ..... provisions of the criminal procedure code which provide immunity from prosecution without sanction of the government for offences by public servants in relation to their official acts, the policy of the law being that public officials should not be unduly harassed by private prosecution unless in the opinion of the government, there were reasonable grounds for prosecuting the public servant which ..... provisions of the criminal procedure code which provide immunity from prosecution without sanction of the government for offences by public servants in relation to their official acts, the policy of the law being that public officials should not be unduly harassed by private prosecution unless in the opinion of the government, there were reasonable grounds for prosecuting the public servant which .....

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Apr 10 1974 (HC)

Vinaya Chandra Misra Vs. Sachindra Kumar Sarkar

Court : Allahabad

Decided on : Apr-10-1974

Reported in : 1974CriLJ962

..... subordinate court on its own motion and that it merely confers a power on the court of which the contempt is committed and on the principal law officer of the government concerned also to move the court for punishing such a contempt.26. the result, therefore, is that the contention raised ..... legislature, therefore enacted section 15(2) merely to confer that power on the court of which the contempt is committed as also on the principal law officer of the government.23. a reference was made by learned counsel for the opposite party to article 225 of the constitution and urged that ..... 1972]2scr838 it was observed:it is settled law that where two constructions of a legislative provision are possible, one consistent with the constitutionality of the measure impugned and the other offending the same, the ..... to interpret statutory provisions, unless compelled by their language, in such a manner as would involve its constitutionality because the legislature is presumed to enact a law which does not contravene or violate the constitutional provision.21. in case state of m. p. v. chhota bhai jetha bhai and co. : [ ..... . despite, it, however, the court cannot suo motu take action to punish contempt unless the court concerned makes a reference or any of the law officers specified in that section make such a reference.taking another illustration, contempt of the grossest type may be committed by a presiding officer of a .....

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Apr 10 1974 (SC)

State of Himachal Pradesh and anr. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Decided on : Apr-10-1974

Reported in : AIR1974SC1276; 1974LabIC980; (1975)3SCC58; [1974]3SCR907

a.n. ray, c.j.1. these two appeals are by certificate from the common judgment dated 10 august, 1971 of the high court of himachal pradesh.2. the state and the taxation commissioner, himachal pradesh are the appellants its civil appeal no. 1324 of 1972. the ten appellants in civil appeal no. 2648 of 1972 are taxation inspectors of the former state of punjab. they were allocated to himachal pradesh because of reorganisation of the state of punjab. the first seven appellants were confirmed as taxation inspectors. the other three appellants were taxation inspectors but were not confirmed in that post.3. the appellants in the former state of punjab were sub inspectors of taxation. on 1 april. 196o the appellants were upgraded from the post of sub-inspectors to inspectors of taxation. when the appellants were allocated to himachal pradesh on the appointed day on 1 november, 1966 they were inspectors of taxation. the respondents were excise sub-inspectors in himachal pradesh on the appointed day. the respondents were upgraded from the position of excise inspectors to inspectors with effect from 1 may, 1969. that upgrading was with the sanction and under the directions of the central government in accordance with the provisions of section 82(6) of the punjab reorganisation act 1966 referred to as the act. on 29 may, 1971 the state of himachal pradesh by an executive decision changed the date of upgrading of the respondents from 1 may, 1969 to 1 april, 1966. this upgrading was done .....

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Apr 05 1974 (HC)

The Superintendent, Central Excise Vs. V.A. Radha Krishna Setty

Court : Karnataka

Decided on : Apr-05-1974

Reported in : 1975CriLJ1161

..... and such goods were actually seized from his possession. if the prosecution can prove that the gold recovered from the possession of the respondent was smuggled gold as if in law a presumption to this effect arises then he will clearly be guilty of the offence under section 167. in the present case gold was, in fact, recovered from him and .....

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Mar 26 1974 (FN)

Storer Vs. Brown

Court : US Supreme Court

Decided on : Mar-26-1974

..... even frustration of the democratic process at the general election." 403 u.s. at 403 u. s. 442 . we there upheld the constitutionality of georgia's election laws requiring potential independent candidates to gather the signatures equal to 5% of the total eligible electorate at the last general election for the office in question. however, candidates were ..... the new party centers around a particular candidate for a particular office. for the candidate himself, it would mean undertaking the serious responsibilities of qualified party status under california law, such as the conduct of a primary, holding party conventions, and the promulgation of party platforms. but more fundamentally, the candidate, who is, by definition, an ..... the two alternative procedures, the partisan or the nonpartisan, for nominating candidates for the general election ballot. second, the district court apparently had little doubt that the california law disqualified anyone voting in the primary election, whether or not he confined his vote to nonpartisan offices and propositions. [ footnote 11 ] the state of california asserts this ..... further proceedings should be had in the district court to permit additional findings concerning the extent of the burden imposed on independent candidates for president and vice president under california law, particularly with respect to whether 6831 (1961) and 6833 (supp. 1974) place an unconstitutional restriction on access by appellants hall and tyner to the ballot. pp. 415 .....

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Mar 25 1974 (SC)

Mohd. Yunus Saleem Vs. Shiv Kumar Shastri and ors.

Court : Supreme Court of India

Decided on : Mar-25-1974

Reported in : AIR1974SC1218; (1974)4SCC854; [1974]3SCR738

..... beginning at the meeting and he also addressed the gathering supporting kalyan singh and requested them to vote for him as he was a hindu and that they should not vote for the petitioner who was a muslim butcher, whose members of the community butchered the innocent hindus ..... of withdrawal from being a candidate, it is not limited to a candidate who has been validly nominated and who has withdrawn earlier according to law. it is because of this reason that the words 'retire from contest' become unnecessary and were advisedly deleted by the legislature.11. again ..... announced his withdrawal and requested his supporters to transfer their allegiance to shastri8. before we discuss the evidence, we may deal with a question of law addressed by mr. hardy, learned counsel for the contesting respondent. according to the learned counsel, even assuming that any gratification was offered to ..... and subject to the like sanction and conditions if any, to add to, amend, vary or rescind any notifications, orders, rules or bye-laws so issuedthe election commission in this case exercised power under section 30 of the act and issued the notification appointing the various dates mentioned therein ..... samyukt socialist party.3. the. appellant alleges several corrupt practices in his election petition before the high court and also raises certain question of law. the chief election commissioner has been impleaded as a respondent in this appeal. the high court has repelled the contentions of the appellant. we .....

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Mar 25 1974 (HC)

Bhola and ors. Vs. State

Court : Allahabad

Decided on : Mar-25-1974

Reported in : 1974CriLJ1318

..... that every citizen is entitled to live in liberty till he commits an offence; and nobody, including the state, should take away his liberty without establishing before a court of law that he had committed the offence and thus rendered himself disqualified for enjoying the liberties of a free citizen.3. but the presumption comes under cloud as soon as accusation ..... ? that's the question. the argument is that till the appeal is finally decided by this court, the appellant be presumed to be innocent. every citizen is presumed to be law-abiding and innocent. but when the court speaks of presumption of innocence of the accused, it only means to stress that the burden of proving guilt lies entirely on the ..... is made and incriminating material comes before the investigating officer. it is only because of this cloud that the law permits the arrest and consequential curtailment of personal liberty of the accused even before the guilt is established in a court of ..... law. the cloud deepens and the matter oversteps the zone of presumption and enters the realm of evidence when the case goes to court and evidence stasts. it then becomes a .....

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