Court : Supreme Court of India
Decided on : Aug-09-1974
Reported in : AIR1974SC1999; (1974)2SCC600; 1SCR687
..... beg., j., had occasion to examine this aspect of the matter in smt. kamla kunwar v. ratan lal : air1971all304 where it was observed, inter alia, at p. 307:unlike the ancient romans, amongst whom will-making became a widely prevalent custom, so much so that it was considered practically a hall-mark of respectability, people of this country do not regard ..... 1960 for a wife in the matrimonial, column of sunday tribune of ambala. the advertisement is as follows:a widower, renowned merchant desires to marry accomplished and liberal-minded punjabi hindu unmarried or issueless widow from a respectable family of above 30 years age. write confidentially to box no. 47170 c/o tribune, ambala.the respondent saraswati aged 35 years ..... doubts about the expediency of trans-western planting experience in our country. social conditions are different and so also the general intellectual level. in the context of our criminal law which punishes murder, one cannot ignore the fact that life imprisonment works out in most cases to a dozen years of imprisonment and it may be seriously questioned whether that ..... blindly followed in this country without a critical examination of those principles and their applicability to the conditions, social norms and attitudes existing in this country. often statements of law applicable to foreign countries as stated in compilations and learned treatises are cited without making a critical examination of those principles in the background of the conditions that existed or .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Aug-08-1974
Reported in : AIR1975SC290; (1974)2SCC660; 1SCR643
..... 42). can you set aside an election because the losing candidate was described as eating raw onion this situation becomes worse in the hindu fold. it is strange law that does not quarrel with an appeal not to vote for a man because he does not eat vitamins but nullifies the election for ..... die-hard sense of caste has affected not merely the hindu heirarhcy but also the muslim brotherhood and the evidence in the present case reveal that gote (gothra or clan ) is a binding force socially ..... petition, if true, would suggest that the appellant tried many methods of assuring victory for himself, such as setting up a hindu candidate who would carry away the hindu votes, a harijan candidate who would wean away harijan votes and the muslim votes being attracted into his count by painting his ..... tayyab hussain himself apparently a political family claiming virtually hereditary hegemony over a small community. the arrival of an educated meo like the petitioner, a law graduate, on the political scene was a potential threat to a vested interest. we find from the evidence personal rivalry between the two writ large ..... otherwise asleep in the bosoms of the common people. in the name of pragmatism many parties offer allegiance to the super-party--caste and the law (sections 123 & 125) fails operationally because the societal mores are not being seriously secularised by big parties. what is surprising is that the .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Aug-06-1974
Reported in : AIR1975AP169
..... the following passage:'it was settled in scotland in 1843 and has been the law in scotland and england that:--if one party to a contract repudiates it in the sense of making it clear to the other party that he refused or will refuse ..... and that therefore the plaintiff is entitled to damages.15. in ramier and bros. v. ramudu, air 1933 mad 176 at d. 178. it was observed:'in these cirsumstances, the law seems clear as laid down in frost v. knight, 41 lj ex 78:the promisee may treat the notice of intention (to renounce) as inoperative and await the time when ..... pointed out by their lordships that though the case before the house of lords was a scotish case, the law of scotland was not different on the matter from the english law and that the indian contract act closely followed the english common law in that matter.17. in pollock and mulla's indian contract act, ix edition at page 347. we find .....Tag this Judgment!
Court : Guwahati
Decided on : Aug-06-1974
..... both as to the crime and raj-r khowa's connection with that crime, the retracted confessional statement may be taken into consideration against accused rajkhowa also in accordance with law.227. in the result the government criminal appeal no. 19 of 1973 is allowed and the impugned order of acquittal of accused umesh baishya passed by the learned sessions ..... upset the holding without very convincing reasons and comprehensive consideration. in our view the high court's judgment survives this exacting standard.195. keeping in view the above principles of law, let us examine the case of accused umesh baishya.196. on consideration of the evidence on record we have already found that mrs. rajkhowa and her three daughters are dead ..... prosecution itself expressed doubt as to their truthfulness when the prosecution recorded the statements of these two witnesses under section 164, criminal procedure code, it cannot be stated as a proposition of law that the evidence of a witness given 'before the trial court loses its value or it is doubtful because such a witness was earlier examined under section 164, criminal procedure code. the ..... going to fetch them.13. the relations of accused rajkhowa having not known about the whereabouts of accused rajkhowa and his family, started making enquiries about them. his brother-in-law p.w. barada sarma who was deputy inspector general of police at the relevant time, took initiative in this matter of making enquiries about accused rajkhowa and the members of .....Tag this Judgment!
Court : Himachal Pradesh
Decided on : Aug-05-1974
..... daily life of the laity in a veriety of ways, and in the end exerted profound influence upon the development of national laws. plucknet: a concise history of the common law, 3rd edn p. 267 et sea.5. in ancient england, in the struggle for power between the church and the state, curial jurisdiction was divided between the ecclesiastical court and the ..... real property, to resolve situations where property holdings did not effectively afford a means of satisfying the requirements of justice and where action was required 'in personam'. the common law was also slow to admit the evidence of parties and witnesses. in the fifteenth century there were complaints that juries were packed, bribed and intimidated. finally, the technical forms ..... corresponding growth in the quantity and variety of the sources of ecclesiastical law. the systematic research of the eleventh century which was undertaken in order to confine ancient and universally recognised authorities in canon law led to the decretum of ivo of chartres in 1095. the systematization of canon law was carried to its conclusion by gartian who soon after 1140 published ..... king's court. the former applied the ecclesiastical law, which included the canon law, and the latter concerned itself with the common law. the separation between the .....Tag this Judgment!
Court : Chennai
Decided on : Aug-01-1974
Reported in : (1975)1MLJ12
..... any document and did not adduce any oral evidence. the second plaintiff's evidence was to the effect that the temple belonged to the religious denomination called sivagurunathapuram hindu nadars, that it was an ancient temple, that other communities had no right or interest in the said temple and that similarly people from other places too had no right or interest in ..... or management of a religious institution or any other matter or dispute for determining or deciding which provision is made in this act shall be instituted in any court of law except under and in conformity with the provisions of this act.the submission of learned counsel is this.6. the plaintiffs proceed on the footing that the institution belongs to ..... a denominational one, it would be idle to try the question whether the suit would be maintainable. (instructions of this court prohibit a preliminary disposal on a pure point of law.) though issues 1 and 2 proceed on the basis that the question at issue was whether the temple was a private temple and therefore not governed by act xxii of ..... is that of p.w. 1. there is no reason to reject his evidence, and that evidence, if accepted, clearly shows that the temple is an ancient temple, that it belongs exclusively to the hindu nadars of sivagurunathapuram village and that throughout it has been managed only by them. mr. kumaraswami pillai, the learned additional government pleader, appearing for the defendant department .....Tag this Judgment!
Court : Karnataka
Decided on : Jul-31-1974
Reported in : AIR1975Kant5; ILR1974KAR1485; 1975(1)KarLJ79
..... hold an inquisition has had an opportunity to see the alleged lunatic and examine him as he thought fit in the circumstances. this clearly he was entitled to do in law before proceeding to hold the inquisition proper. it is only on availing himself of such an opportunity, he has opined thus:'i had privilege of observing the demeanour of this ..... high court at allahabad has referred to the enunciation of the lahore high court in the case mentioned hereunder as laying down the law correctly in such matters as the one on hand. the passage reads thus:'in mt. teka devi v. gopal das, air 1930 lah 2s9 = 122 ind cas 570, it was ..... had treated and referred to the person in question as mentally retarded.5. before proceeding to consider the matter further, it may be convenient to clear the ground regarding the law governing the matter. this is best done by a referenceto certain enunciations in the decisions relied on at the bar.6. in joshi ram krishan v. rukmini bai : air1949all449 , the .....Tag this Judgment!
Court : Jammu and Kashmir
Decided on : Jul-31-1974
Reported in : 1975CriLJ409
..... itself to the analyst's report because it is a record prepared as per statutory provisions and the presumption is that public officers do as the law and their duty enjoin them. chemists have been able to produce artfully hundreds of thousands of compounds. the analyst is not expected to give ..... conclusions reached by my learned brother, mr. justice bhaskaran, who has, if i may say so with respect, exhaustively dealt with the facts and law on the points in dispute in these cases. the act is a special enactment introduced with a view to eradicate the adulteration menace of food articles ..... we should also like to add that the ruling given by a division bench of this court in in re abdul azeez, : air1964ker107 represents the correct law on the point. speaking for the bench, in the above division bench case of this court, annachandy, j.. observed as follows:.. the certificate shows that ..... 1971 (ker), criminal appeal no. 213 of 1972 and criminal appeal no. 370 of 1971 (ker), extracted below, do not represent the correct position of law on the point in the light of the decision of the supreme court in : 1970crilj492 confirming the ruling in : air1964all270 :.. what the analyst is expected to ..... a condition precedent to the acceptance of the report of the public analyst as legal evidence, does not appear to be warranted by any provision of law. the report of the analyst by no means is conclusive. wherever the accused entertains a doubt regarding the correctness about the report of the analyst .....Tag this Judgment!
Court : Kolkata
Decided on : Jul-30-1974
Reported in : AIR1975Cal243,79CWN157
..... evidence on behalf of the respondent was not acceptable, can it be said that the petitioner has proved his case, as pleaded?28. the principles of law have been stated from rival points of view with ability and force before this court. much emphasis was laid by mr. sarkar and mrs. pal on ..... that there was an inclination and opportunity yet the court accepted the verbal testimony of the respondent. it was held that there was no rule of law that evidence of conjunction of inclination and opportunity must raise presumption that adultery has been committed. the sworn testimony of the wife and other gentlemen were accepted ..... a case reported in : 1974crilj307 in which acceptance of such evidence was held to be not illegal but inadvisable. the other authorities relied on were halsbury's laws of england, volume 12, page 238 and sopwith v. sopwith, reported in 164 er 1509 (1510) for the proposition that the court looks with suspicion on ..... to stay for a period. the question of jurisdiction in this case seems to be a difficult one. after going through the maze of varying case laws and specially in view of the supreme court eschewing a rigid formulation of the word residence and on the basis of the facts of this case -- on ..... after hearing the arguments the court comes to a finding in favour of the petitioner as to the factum of stay.10. as regards the position in law it appears that the rationale of the decision in (1899) 3 cal wn, 250 is that jurisdiction is to be rejected when there is more .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jul-25-1974
..... education, as a subordinate entity of the state, were attributable to the state of michigan, thus creating a vicarious liability on the part of the state. under michigan law, mich.comp.laws 388.851 (1970), for example, school building construction plans had to be approved by the state board of education, and, prior to 1962, the state board had ..... fulfilled unless the state page 418 u. s. 783 of michigan involves outlying metropolitan area school districts in its desegregation remedy. furthermore, i perceive no basis either in law or in the practicalities of the situation justifying the state's interposition of school district boundaries as absolute barriers to the implementation of an effective desegregation remedy. under established and ..... inherently unequal education in the future as they have been unconstitutionally afforded in the past. i cannot subscribe to this emasculation of our constitutional guarantee of equal protection of the laws, and must respectfully dissent. our precedents, in my view, firmly establish that where, as here, state-imposed segregation has been demonstrated, it becomes the duty of the ..... held that segregation of children in public schools on the basis of race deprives minority group children of equal educational opportunities, and therefore denies them the equal protection of the laws under the page 418 u. s. 782 fourteenth amendment. this court recognized then that remedying decades of segregation in public education would not be an easy task. subsequent .....Tag this Judgment!