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Judgment Search Results Home > Cases Phrase: ancient hindu law Sorted by: recent Year: 1974 Page 5 of about 171 results (0.062 seconds)

Aug 28 1974 (SC)

Shri Umed Vs. Raj Singh and ors.

Court : Supreme Court of India

Decided on : Aug-28-1974

Reported in : AIR1975SC43; (1975)1SCC76; [1975]1SCR918

..... to speculative opinion as to what the legislature would probably have meant, although there has been an omission to enact it. in a court of law or equity, what the legislature intended to be done or not to be done can only be legitimately ascertained from what it has chosen to enact ..... requirements, free elections where there is honest competition for votes. the election process must, therefore, remain pure and unsullied and it has been the endeavour of our law makers to secure this by making various provisions in the representation of the people act, 1951. section 123, sub-section (1) (a) is one such provision ..... a case like this where corrupt practice is sought to be established on the testimony of the truck driver, who was functioning in defiance of the law, we should remember that there is great likelihood of evidence being purchased at small cost so as to upset the whole election. it is an ..... regard to the history of legislation with regard to the expression 'withdrawal of candidature' which was unfortunately not brought to the notice of the court, the law as laid down is not quite correct. one of us (bhagwati, j) has shown separately how that view is not really sustainable. we are ..... at seman from village bedwa where there was no polling station.5. in the present appeal the appellant has challenged these findings both on facts and law.6. raj singh, the defeated candidate, who is the principal contestant before us, has not only supported the above findings of the learned judge but .....

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Aug 26 1974 (SC)

The Official Liquidator Vs. Raghawa Desikachar and ors.

Court : Supreme Court of India

Decided on : Aug-26-1974

Reported in : AIR1974SC2069; [1975]45CompCas136(SC); (1974)2SCC741; [1975]1SCR890; 1974(6)LC783(SC)

p. jaganmohan reddy, j.1. this appeal is by certificate against the judgment of the high court of bombay varying the judgment and decree passed against respondents 1 to 4 by the district judge of nagpur on an application under section 235 of the indian companies act 7 of 1913--hereinafter called the act'.2. it appears that in or about april 1949 the industrial & agricultural engineering company (c.p.) ltd.--hereinafter referred to as 'the company' was formed under the act with its registered office situated at nagpur. from the date of the company's incorporation till august 27, 1952 one shantilal nemchand shah respondent 5 was the managing director, while respondents 1 to 4 were the directors of the company. on august 27, 1952, respondent 5 resigned as managing director and in his place two directors c.v. krishnamurthi respondent 2 and m. ganpatram respondent 3 were appointed directors. these two new directors were the employees and directors of a concern known as industrial & agricultural engineering company (bombay) ltd.--hereinafter called 'the bombay company'.' respondent 4 t.k. shamu is the cousin of respondent 1 raghawa desikachar. there was also a partnership firm consisting of respondent 1 and some others. the office of this partnership was located in the office of the bombay company. after august 27, 1952, respondent 5 having resigned the office of managing director was only a shareholder and it transpired that as the company was not making profits, the directors .....

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Aug 26 1974 (HC)

Gulla Shah Vs. Mohd. AmIn Shah

Court : Jammu and Kashmir

Decided on : Aug-26-1974

Reported in : 1975CriLJ621

..... including proceedings under section 145 were concerned, the learned judge had clearly mentioned that they were valid and they formed the very basis and background of our ancient law. in this connection the learned judge (fazl all j.) observed at page 60 of mr t at page 1416 of cri lj as follows:the whole ..... place article 19 will be attracted only when a .person's undisputed and indefeasible right to property is being infringed by a state action or a state law. in the instant case as the proceedings under section 145 have been initiated, it must be presumed that a dispute exists between the parties which has ..... 145(4) was violative of article 19 of the constitution of india inasmuch as the petitioner had been deprived of his property without a procedure established by law. secondly it was contended that as the proviso confers wide, uncanalized and arbitrary powers on the magistrate to attach any property and dispossess the real owner ..... the chief justice for placing it before a larger bench. that is how the case has come up before us.3. in view of the points of law that have been urged before us. it is not necessary to go into the facts involved in the present case which is the function of the trial ..... is based upon the foundation of this principle, and it is difficult to see that it has not become part of the 'law of the land' and does not inhere in our system of law. if 'that is so. then procedure established bylaw' must include this principle, whatever, else it may or may not include. .....

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Aug 23 1974 (SC)

Samsher Singh Vs. State of Punjab and anr.

Court : Supreme Court of India

Decided on : Aug-23-1974

Reported in : AIR1974SC2192; (1974)IILLJ465SC; (1974)2SCC831; [1975]1SCR814; 1975(1)SLJ1(SC)

..... setalvad further narrates two incidents when the president dr. rajendra prasad asked his opinion on two mattery the president wanted to know whether he could prevent the hindu code bill from becoming law. the attorney general advised him that the president was bound to act according to the advice of his ministers. on another occasion, the president wanted to ..... extent that article 163 permits and his discretion, remote controlled by the center, has play.122. when dr. prasad, as president of india, hesitated to sign the hindu code bill in september 1951 and wrote to prime minister nehru whether he could not exercise his judgment, the latter did not mince words :the whole conception of constitutional government ..... judicial independence from executive control has been accomplished in england. the framers of our constitution, impressed by this example have fortified the cherished value of the rule of law by incorporating provisions to insulate the judicature. justice becomes fair and free only if institutional immunity and autonomy are guaranteed (of course there are other dimensions to judicial independence ..... denying judicial aid to .undermining the democratic substance of cabinet government. a coup can be constitutionally envisioned by an erroneously literal interpretation of the living words of the organic law. prof. alen glendhill, we must warn ourselves, wrote :let us assume that a president has been elected who has successfully concealed his ambition to establish an authoritarian .....

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Aug 23 1974 (HC)

Dau Dayal and anr. Vs. Director, Rajasthan Oriental Research Institute ...

Court : Rajasthan

Decided on : Aug-23-1974

Reported in : 1974WLN706

..... (260-15 400 eb-25. 600) will be admissible to parsons possessing qualification as 2nd ii) claw iv servants (25-1-40) class m.a. in history with papers in ancient of medieval indian history having. hindi in b.a. or with research experience to be given preference2. other combined schemes for surveyd purchase sod preservation of mas. research in old ..... (250 16 430-eb 25-600) admissible to persons possessing qualification ii) surveyors as 2nd class ma in (150-10 220eb 10-12 1/2 history with paper in 300) ancient or medieval iii) copyists (90-5-130) indian history. hindi iv) class iv servants in b.a. of with rese- (25-1-40) arch experience to be given preference.note ..... finance department. therefore, as a result of this modification the qualifications stood as second class m.a. in history preferably with papers in ancient or medieval indian history. in other wordas, the requirement of having a paper in ancient and medieval history no longer remained a necessary qualification though it would be a matter for preference by order dated 27-7-62 .....

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Aug 21 1974 (HC)

Sou. Ramkuvar Madanlal Atale Vs. Madanlal Surajkaran Atale

Court : Mumbai

Decided on : Aug-21-1974

Reported in : (1977)79BOMLR143

..... consent itself demonstrates that the concept of divorce by mutual consent is not recognised either in hindu law or under the hindu marriage act, 1955. there is, however, recently a move in that general direction so far as english law is concerned, and this is to be found in the divorce reforms act, 1969, which ..... have only been set aside in appeal and which could not be attacked as a nullity in collateral matrimonial proceedings. as i have discussed above, the hindu marriage act, 1955, does not contemplate, much less permit, the granting of a decree for judicial separation or for divorce by consent of the parties ..... face of the record a nullity or merely illegal, as being in contravention of the provisions of the hindu marriage act, 1955.101. but before i consider that question, there is one aspect of general law as to nullities which must be discussed, and that is; when does an order or decree passed ..... he is not entitled to by reason of the mandatory provisions of section 23 of the hindu marriage act, 1955 (hereinafter referred to as 'the act').36. mr. naik contends that both these questions are questions of law.37. mr. pratap, the learned counsel for the petitioner, contends firstly that the decree ..... divorce was purported to have been made under section 13(viii) of the hindu marriage act, 1955, but it is obvious that the correct provision of law would be section 13(1a)(i) because by that time section 13 of the hindu marriage act, 1955, had already been amended.27. in this petition for .....

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Aug 16 1974 (SC)

Kartar Singh (Minor) Through Guardian Bachan Singh Vs. Surjan Singh (D ...

Court : Supreme Court of India

Decided on : Aug-16-1974

Reported in : AIR1974SC2161; (1974)2SCC559; [1975]1SCR742; 1974(6)LC603(SC)

..... symbolic of transplanting the adopted son from the family of his birth to the adoptive family. in this connection reference may be made to the ancient texts on adoption given in mayne's hindu law (11th edn) at page 226, according to which manu says; 'he whom his father or mother (with her husband's assent) gives ..... a member of the family of the person who appoints him as his heir. there was also the more formal adoption which was recognised under the hindu law in which there was giving and taking and the adopted son becoming a member of the adoptive family. the question whether the adopted son become a ..... not amount to mere appointment of an heir, but has attached to it all the consequences which flew from a full and formal adoption of hindu law. where such a special custom is found to exist it is not necessary for the adoption that it should have taken place in the conformity with ..... is no room for any customary adoption. section 4 of the act specifically provides that any text, rule or interpretation of hindu law or any custom or usage as part of that law in force immediately before the commencement of that act shall cease to have effect with respect to any matter for which provision ..... the rules of hindu law in the matter of ritual or otherwise, become in such cases it is not the rule of hindu law which operates to attach such consequences to the adoption but it is the custom governing the adoption that .....

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Aug 16 1974 (SC)

Balak Ram Vs. State of U.P.

Court : Supreme Court of India

Decided on : Aug-16-1974

Reported in : AIR1974SC2165; 1974CriLJ1486; (1975)3SCC219; [1975]1SCR753

..... to desist from shouting vulgar slogans. politics may or may not be a clean game but no court can suffer with equanimity such flagrant defiance of law by members of political parties, whatever their colour or creed. they must know that it will not pay to carry pistols in processions for being ..... fact, the high court went a step further and held that these two witnesses corroborated rajendra kumar misra also. rajendra kumar is the brother-in-law of tribeni sahai's brother radhey shyam sharma who at the relevant time was stationed at lucknow as deputy inspector general of police and as a member ..... trial in the sessions court, jhilmili's sons, chotey and chironji, were sitting in the group interested in the accused. besides, jhilmili's son-in-law sia ram and another relative ved prakash were contesting the election for the membership of the committee as candidates of congress (o). jhilmili stated that he did ..... dropped them deliberately as they were on the side of the accused.35. rajendra kumar misra is himself a relative of tribeni sahai, being the brother-in-law of radhey shyam sharma, the brother of tribeni sahai. in the f. i. r. rajendra kumar mentioned that loki, ganga ram and aryendra had seen ..... information of the incident at 9.45 p.m. at the police station which is about two furlongs away. rajendra kumar misra is the brother-in-law of radhey shyam sharma who is the brother of the deceased tribeni sahai. radhey shyam was, at the material time, the deputy inspector general of police .....

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Aug 14 1974 (HC)

M. Narayanaswami Vs. V. Yangatanna

Court : Andhra Pradesh

Decided on : Aug-14-1974

Reported in : AIR1975AP88

..... adopt is the one under order 16 and not the one under the proviso to order 3, rule 1 c. p. c. the court also observed that no court of law would be justified in ordering a party to appear in court on an application filed under orde: 3 rule 1 except for very good reasons. therefore, even according to this .....

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Aug 13 1974 (HC)

Addl. Commissioner of Income-tax Vs. Gem Palace

Court : Rajasthan

Decided on : Aug-13-1974

Reported in : [1975]98ITR640(Raj); 1974(7)WLN548

..... that the conclusions drawn by the appellate tribunal with regard to concealment of income by the assessee were findings of fact and that no question of law arose for reference being made to the high court.7. the appellate tribunal came to the conclusion that there was no fraud or gross or wilful ..... evidence would rebut a legal presumption in a given set of facts does not admit of any rigid rule. nor does it raise a question of law. no single fact but it is the cumulative impact of all the facts which affords the answer. we have quoted the relevant extracts from the order ..... that a state of facts exists which has never really taken place : leavell v. blades, 141 sm 893, 237 no. 695. 'thus, fiction in law is the assumption or invention that something is true which is or may be false and it cannot be contradicted. however, the words 'unless he proves that the ..... should not have been cancelled by the tribunal, the learned counsel for the assessee supported the order of the tribunal and argued that no question of law arose out of the order of the tribunal and as such the reference application was rightly rejected by the tribunal.5. section 271(1) of the ..... the plaintiff which the defendant was not allowed to traverse (see maine's ancient law, chapter ii). according to wharton's law lexicon (fourteenth edition) 'fictions' are 'those things that have no real essence in their own body but are so accepted in law for a special purpose'. webster's third new international dictionary. describes a .....

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