Court : Rajasthan
Decided on : Sep-30-1974
Reported in : AIR1975Raj167; 1974(7)WLN919
..... the intendment of the legislature and to give effect to it. as mentioned earlier, that in our state, there is nothing in the rajasthan law corresponding to the notification as issued in punjab making section 13 of the punjab act inapplicable to the decrees for ejectment of tenants in possession with ..... become applicable. section 13 will come into play. from the plain reading of section 13 it is absolutely clear that notwithstanding anything contained in any law or contract, no court shall pass any decree in favour of a landlord whether in execution of a decree or otherwise for the purpose of ..... rajasthan act, we would here reproduce the relevant part of section 13, which is as under :--'eviction of tenant-- (1) notwithstanding anything contained in any law or contract, no court shall pass any decree, or make any order, in favour of a landlord, whether in execution of a decree or otherwise, ..... of exemption of buildings from the operation of section 13 was to give landlords the rights which as owners of buildings they had under the ordinary law, namely, to give them on lease at rents which thev thought were remunerative and to evict tenants during that period without any fetters imposed by ..... of the completion of the construction of the shop. according to his contention, the plaintiff's suit could not have been dismissed, and under the ordinary law of the land, the tenant was liable to be evicted. section 2 read as follows:'section 2. extent, commencement and application-- (1) this act .....Tag this Judgment!
Court : Kolkata
Decided on : Sep-30-1974
Reported in : AIR1976Cal189,80CWN193
..... have issued the said authorisation dated the 24th of october, 1973 and letter dated the 29th of october, 1973 without taking recourse to due process of law. as admitted from the facts it appears that the premises no. 19 phears lane, calcutta is an enemy property within the meaning of the defence of ..... of the alleged purported deed of lease dated the 20th of february, 1955. he submitted that without due process of law the said act, is illegal and violative of the fundamental rights of the petitioners who ere admittedly in possession of the said structures on the said ..... as the owners of the structures of the said land for a long time and as such the respondents should have taken appropriate steps under the law for removal of the structures on the land and for getting declaration that the structures were forfeited to mussamet bokhtan begum and md. shafiq in terms ..... october, 1973 are clearly violative of the principles that nobody can take possession of any property or deprive any one of his proprietary right without due recourse to law. he relied on the supreme court decision in bishan das v. state of punjab, : 2scr69 . he analysed the facts as disclosed from the ..... a premises no. 19, pheares lane (formerly known as chunamgully) hereinafter refer-red to as the said 'premises' belonged to the estate of one benoy madhab law. on the 8th of february, 1927, the executrix of the said estate leased out the said premises (a vacant plot of land) to one haji allah .....Tag this Judgment!
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 .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Sep-24-1974
Reported in : AIR1975SC123; (1975)1SCC55; 2SCR166
..... 1970 with costs.c. a. 1402 of 1974 allowed.c. a. 2254 of 1968 dismissed. cas. 1481-83 of 1970 dismissed.38. in view of the law laid down by us in civil appeals nos. 1481-1483 of 1970 by a judgment delivered today, we dismiss the special leave petition. we make no order as ..... the high court as well as of the state appellate tribunal and direct it to reconsider the cases of the parties concerned in the light of the law on the subject as laid down and explained by us. civil miscellaneous petition no. 6852 of 1974 for an interim order has become infructuous and is ..... of the parties: it merely set aside the order of the appellate tribunal and directed the tribunal to deal with and dispose of the question according to law. the appeal is liable to fail on that limited ground alone. no satisfactory answer has been given to the preliminary objection. but, as we could, ..... directions issued under section 43a of the motor vehicles act, 1939, as amended by the motor vehicles (madras amendment) act, 1948, did not have the force of law in regulating the rights of parties. in ghouse miah's case (supra), the andhra pradesh high court had, after indicating the amplitude of the 'interest of the ..... and they must shut their eyes to everything else.18. in pal singh's case (supra), the allahabad high court had observed (at page 256):the law on the subject is not exhaustively contained in section 47; any direction given by the state transport authority in its appellate jurisdiction is also to be complied .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Sep-20-1974
Reported in : 1975CriLJ754
..... agreed with the superintendent of police and the district collector in the recommendation that the quartering of punitive police force was 'absolutely essential for maintaining law and order in the village' as 'the village is in a disturbed state and the feelings are becoming acute day by day.' he, therefore ..... the inhabitants of the village. subsection (1) does not contemplate giving any such notice. it should always be borne in mind that maintenance of law and order and public order as well, are the primary functions and duties of the state. the state can function only through its officers. ..... appears that the principal contention . urged before the learned. single judge is that there was a denial of equal opportunity and equal protection of laws to the petitioners and, there was no reason to exempt the members of the opposite faction from payment of the tax. the learned judge pointed ..... and the other 12 factionists were responsible for the disturbed state of the village and they were squarely responsible for stationing punitive force to maintain law and order, which is the primary responsibility of the state. the apportionment was made on the basis of the property owned by them. so ..... . because of its political affiliation the reddi community was backed up with political executive and police force. being thus situated, the reddi community took law into their hands and had been committing several acts of violence resulting in number of criminal cases. one of them came up to this court .....Tag this Judgment!
Court : Rajasthan
Decided on : Sep-20-1974
Reported in : 1974WLN785
..... j observed that that case adjudged capital sentence constitutional and whatever our view of the social invalidity of the death penalty, personal predilections must bow to the law as by this court declared. he also quoted with approval the noble words of justice stanley mosk of california uttered in a death sentence case:as a ..... in evidence that two of the murdered men, kernail singh and dewan singh, had bet n prosecuted for the murder of gurnam singh the brother in-law of kesar singh and had been acquitted.therefore, although we hold that kesar singh was guilty of an offence punishable under section 302, indian penal code ..... discharged. it may be that the appellant had grown up from childhood hearing the useful story from his widowed sister, of the murder of his brother in law, gurnam sitsgh, who was a step brother of gurdev singh. the appellant, who is a young man, may have been impelled (sic) on by the ..... year to year. the land which was under their cultivation, was rightly or wrongly allotted to sahab ram the aggrieved parties went to the court of law in appeal against the order of allotting authority. het ram and other succeeded in appeal and the allotment was cancelled. sahab ram challenged that order ..... the sessions judge. in so doing the high court will be assisted by the opinion expressed by the sessions judge, but under the provisions of the law above mentioned, it is for high court to come to an independent conclusion of its own. 12. reference may also be made to another decision .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Sep-18-1974
Reported in : AIR1975P& H115
..... candidates who were declared elected as panches in one single election by calling the same in question in a single election petition. in view of the law laid down by the supreme court in vashist narain sharma's case air 1954 sc 513 and surendra nath khosla's case air 1957 sc 242 ( ..... judgment of this court (suri, j. as he then was) in parbhu v. illaqa magistrate (prescribed authority). mohindergarh, 1973 pun lj 105, was concerned with the law laid down in mange ram's case 1972 pun lj 405 = (air 1973 punj 142) which, as already stated, relates to the question of mis-joinder of parties ..... process of election, and it is the elected panches who (after the statutory co-option if any) proceed to elect their sarpanch out of themselves. the law laid down in this respect in a punjab case cannot, therefore be cited as an authority for the applicability of the same proposition to a haryana case, ..... supra). the facts and circumstances of that case are, however, entirely different and have practically nothing in common with the facts of the present case. the law laid down therein has obviously no application to the present dispute. while posing the question which called for decision in that case in the opening part of ..... main ground is concerned, it was sought to be argued before my learned brother by mr. surinder sarup, learned counsel for respondent no. 3, that the law laid down by me in amrik singh's case air 1966 punj 344 (supra) deserved to be reconsidered by a larger bench in view of what had .....Tag this Judgment!
Court : Kolkata
Decided on : Sep-17-1974
Reported in : AIR1975Cal118
..... by vachas-pati misra (particularly for the mithila school of hindu law), raghunandan on his udbahatawitta, risley's tribes and castes of india and law and customs on hindu castes by arthur steel.4. out of the eight kinds of marriage laid down by the ancient hindu law givers, four only were in approved forms viz., brahma ..... the fifth and the seventh from the mother and from the father respectively. so that is how the ancient law givers of india directed a groom to choose his bride. marriage, according to hindu law was sacred and it is the religious duty of the father to give his daughter in marriage to ..... prayer (c) may be referred to which is a prayer for mandatory injunction compelling the defendant to marry the plaintiff according to the present hindu law and a permanent injunction so that the defendant during his lifetime cannot merry any other girl. this shows that the admitted case of the ..... according to gandharva form. there was also a prayer for a mandatory injunction compelling the defendant to marry the plaintiff according to the present hindu law and a permanent injunction so that the defendant during his life cannot marry any other girl.16. the learned judge declared the marriage of ..... disuse in west bengal are not altogether obsolete in all the states of india, and particularly between the parties governed by the mithila school of hindu law. (ii) a marriage in gandharva form may be completed by the performance of ceremonies, other than homa and saptapadi where it is allowed .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Sep-12-1974
Reported in : AIR1975SC32; (1975)1SCC199; 2SCR42; 1974(6)LC630(SC)
..... under a deed, i can at best tell you only what you think that deed means. moreover, sir edward sugdan was expressly dealing with 'ancient instruments'. i would add thirdly, that the practical difficulties involved in admitting subsequent conduct as an aid to interpretation are only marginally, if at all ..... be required to sell the undertaking without payment of the purchase price at the time of delivery of the undertaking or without a provision in law for payment of interest on the purchase price during the period when payment is withheld, there would be no valid termination of the licence ..... interest on the purchase price.25. the position therefore, is that although the state electricity board is liable to pay interest under the general law for the period during which the licensee has not been paid the purchase price, the arbitrator, functioning as he does, under the provisions of ..... date of its payment is implicit in section 7a or at any rate the arbitrator functioning under that section is bound, under the common law of the land to award interest for the period during which the arbitration proceedings were pending.23. an arbitrator appointed under the section to ..... of the contractual intentions are admissible guides to interpretation.... in italy, article 362(2) provides in impressively succinct language:.... the vienna convention on the law of treaties of 1969 (which to a large extent merely codifies earlier international practice) enjoins the interpreter of a treaty to take into account .....Tag this Judgment!
Court : Karnataka
Decided on : Aug-29-1974
Reported in : AIR1975Kant67; ILR1975KAR415
order1. in these petitions under article 226 of the constitution, the sole question for decision is, whether the karnataka automobile tyres and tubes (control) order, 1971, is ultra vires and void as contended for the petitioners.2. the said order was made by the state government in exercise of the powers conferred by section 3 of the essential commodities act, 1955 (central act 10 of 1955) (hereinafter called 'the act'), read with s. o. no. 1844, dated the 18th of june, 1966 issued by the government of india. it was made on 13th december, 1971, and published in the karnataka gazette dated 14th of december, 1971. it extends to the whole of the state of karnataka. it provides, among others, for regulating the sale of tyres and tubes of all varieties, issuing of licence and prosecution for contravening the conditions of the licence.3. the petitioners are dealers in tyres and tubes. their common contention is that the state government have had no power validly delegated by the central government under section 5 of the act, to provide for the matters in relation to the automobile tyres and tubes.4. in order to examine the contention, it is necessary to have a close look at the relevant provisions of the act. the act was intended to provide in the interest of the general public, power to control production, supply and distribution of, and trade and commerce in certain commodities. 'essential commodity' was defined under section 2(a), as inclusive of various articles, like cattle .....Tag this Judgment!