Court : Punjab and Haryana
Decided on : Jul-24-1974
Reported in : AIR1975P& H138
..... the performance of its duty, and to decide the question of legality of the statute on that basis. tt was emphasised that the validity of the law cannot be contested because of ian apprehension of its abuse. again in the state of orissa v. harinarayan jaiswal, air 1972 sc 1816, it was ..... mr. sibal may be, it has to commend itself to the rule making authorities, and it is beyond jthe jurisdiction of this court to change the law even slightly and even for the better by any process of interpretation. i would, therefore, hold that the proviso empowers the presiding officer of an auction ..... and even when he forms an opinion that the bidding is excessively high, he may or may not make the announcement in question. though it is settled law that neither the mere use of the word 'may'' indicates that the provision is directory, nor the mere use of the word 'shall' leads to ..... also indicated in almost imperative language, the provision requiring the deposit of tbe whole amount is in my opinion nevertheless merely directory as (a) no rule or law invalidates an auction held in violation of the requirements of the proviso; (b) the auction bidders have no control over the presiding officer; and (c) strict ..... question here is whether the provisions of article 199(4) must be read as imperative or merely directory. the distinction between a mandatory provision of law and that which is merely directory is this that in a mandatory provision there is an implied prohibition to do the act in any other manner .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jul-24-1974
Reported in : AIR1974SC1717; (1974)2SCC316; 1SCR557; 1974(6)LC451(SC)
..... (2) of the constitution. the contention is utterly unsound. the land acquisition act is a piece of legislation which provides for acquisition of property for public purpose by authority of law for an amount which may be determined in accordance with the principles specified in the land acquisition act.10. the proviso states that no award shall be made without the .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jul-24-1974
..... the function of courts that compulsory process be available for the production of evidence needed either by the prosecution or by the defense. only recently the court restated the ancient proposition of law, albeit in the context of a grand jury inquiry, rather than a trial, "that 'the public . . . has a right to every man's evidence,' except for those persons ..... with even greater force to excised material; once the decision is made to excise, the material is restored to its privileged status, and should be returned under seal to its lawful custodian. since this matter came before the court during the pendency of a criminal prosecution, and on representations that time is of the essence, the mandate shall issue forthwith. ..... to subpoenaed materials sought for use in a criminal trial is based only on the generalized interest in confidentiality, it cannot prevail over the fundamental demands of due process of law in the fair administration of criminal justice. the generalized assertion of privilege must yield to the demonstrated, specific need for evidence in a pending criminal trial. d we have ..... president's claim of privilege. the second contention is that, if he does not prevail on the claim of absolute privilege, the court should hold as a matter of constitutional law that the privilege prevails over the subpoena duces tecum. in the performance of assigned constitutional duties, each branch of the government must initially interpret the constitution, and the interpretation of .....Tag this Judgment!
Court : Kerala
Decided on : Jul-23-1974
Reported in : 1975CriLJ479
..... food adulteration and providing specific punishment, and section 108 of the indian penal code dealing with abetment read along with section 40 of that code applies to offences under special laws also.47. from manufacture up-till consumption there is a thread binding the entire transaction for every article of food. warranty problems connected with it are consumer problems regarding ..... recognised that the fundamental principle of interpretation of any enactment is that all the provisions therein have to be harmoniously construed so as to achieve the object for which the law is enacted. a full bench of this court in kungu govindan v. parakkat kuzhileksmi amma 0065/1966 : air1966ker244 following a decision of the supreme court in regional ip. f. ..... anti-national conduct in frauduently selling adulterated articles seems to tend to breed mistrust amongst the citizens and to that extent it adversely affects democracy governed by the rule of law, that it tends to demoralize the nation and grievously obstructs her moral and economic progress and that the administrative and judicial wings of the state have a duty not ..... that he should have, after impleading the additional accused, commenced a fresh proceeding against all the accused and that the acquittal of the manufacturers, who issued warranties, is contrary to law and has to be interfered with.8. the prevention of food adulteration act is a special act enacted with the intention of eradicating the evil of manufacture, distribution and sale .....Tag this Judgment!
Court : Chennai
Decided on : Jul-22-1974
Reported in : 1975CriLJ798
..... form first information report to the sub-magistrate. we make the following suggestions to ensure that the really guilty (legally proved to be guilty) may not escape the clutches of law and the really innocent may not be falsely implicated by the ingenuity of the prosecuting machinery.27. in, some instances we were not able to find out at what precise ..... advantage of this murder and implicate this second appellant and tamilarasan who are at large and who seem to give a lot of anxiety and trouble to the forces of law and order by fomenting agrarian trouble and class hatred but unfortunately exhibit p-l does not even speak of the words 'and others' or 'vagaira'., therefore, they have got to ..... of 1974) is accordingly dismissed.25. before parting with this case, we would like to observe that india is a land of freedom under law. even the crimes of naxalites must be legally proved before courts of law. we cannot treat or equate naxalites as hardened criminals and hang them on the merest production of flimsy and fabricated evidence. undoubtedly there is .....Tag this Judgment!
Court : Chennai
Decided on : Jul-19-1974
Reported in : AIR1975Mad285
..... one who is totally unsuited to manage himself and his affairs and such incompeteney is directly referable and attributable to the incapacity of his mind. having thus dealt with the law on this aspect of the matter, i shall now revert to a factual consideration of the state of the mind of r.w. 1 with reference to his examination before ..... had been produced, it is doubtful if the conclusion arrived at by p.w. 1 regarding the sanity of r.w. 1 can secure forthright acceptance in a court of law. all that p.w. 1 has stated in her evidence is that she noted the general behaviour of r.w. 1, how he conducted himself and how he answered questions ..... holding an inquisition under the act. consequently, the appeal was allowed and ganesan, j. remitted the matter to the learned district judge for fresh disposal of the case according to law.5. in the enquiry held subsequent to the order of remand, the district judge examined lingaraj on 25-3-1972 and madethe following order:'adjournment prayed for on behalf of .....Tag this Judgment!
Court : Kerala
Decided on : Jul-19-1974
Reported in : (1976)ILLJ161Ker
..... granted for one purpose, for a different purpose and seek refuge under a provision which gives you a privilege not to disclose the reason for exercising the power. in industrial law the motive for the exercise of a contractual power can be inquired into notwithstanding the fact that the power under the contract is untrammelled. 16. therefore, an analysis of all ..... decision of the kerala high court in fernandez v. giovanola binny co. ltd. (1971) k.l.t 471. there it. was held it is a well established proposition in industrial law that even if the management has power under the contract of employment or under the standing orders to terminate the services of a worker that power can be exericised only ..... industrial adjudication and the process of collective bargaining. the court cannot ignore the rights the industrial employees have secured through long drawn out and bitter struggles and apply the common law principles of master-servant relationship. in the words of justice gajendragadkar the wide scope of the jurisdiction of the industrial tribunals is now well established. as early as 1949 it .....Tag this Judgment!
Court : Kolkata
Decided on : Jul-17-1974
Reported in : AIR1974Cal380,(1975)1CompLJ30(Cal),79CWN9
..... have been given by his lordship in taking this view may be stated in brief as follows:9. according to notion of ancient hindu law-givers, a wife acquired from the moment of her marriage, a co-ownership in her husband's property by reason of her being the ..... whether a congenitally blind person was excluded from succession. in that context. trotter, j., observed that it must be regarded as an unabrogated rule of hindu law that a congenitally blind person was excluded from succession and that it could not be described as absolute in any other sense than that of being repugnant ..... in allotting a share to the wife or the mother is that which she had received from her husband or her father-in-law. he submits that the hindu law not having recognised any other kind of stridhana or any other source from which the wife or the mother receives a stridhana or separate ..... she is already in possession of property which is sufficient for her maintenance, it will be against the said object and consequently, against the rule of hindu law to give her a further share on partition in lieu of her maintenance, no matter from whichever source she has received the property.11. we must ..... . the principal defence of lekharani is that purnasashi having inherited an undivided l/4th share of her deceased son siddheswar as his sole heiress under the hindu law, she is not entitled to any residence or maintenance. she denies that purnasashi is entitled to a further share in the joint properties on partition thereof .....Tag this Judgment!
Court : Mumbai
Decided on : Jul-16-1974
Reported in : (1974)76BOMLR690
..... be held retrospective in operation relying on the observations of chase j. in the american case of colder v. bull, quoted from craies on statute law, p. 388, hereinabove. the section will therefore undoubtedly cover cases of the accused like the petitioners who were convicted prior to april 1, 1974 i ..... of conviction the total period of pre-conviction detention undergone by the accused. but this is a matter of practice and not a requirement of law.25. we may now refer to the other cases holding some other statutes procedural and giving retrospective effect to them and requiring courts to apply ..... increase the punishment, or change the rules of evidence, for the purpose of conviction.... there is a great and apparent difference between making an unlawful act lawful; and the making an innocent action criminal, and punishing it as a crime'.21. the aforesaid principle has been applied by the courts in interpreting diverse ..... no solicitor should thereafter employ the appellant, an unadmitted solicitor's clerk, who had been convicted of larceny in 1953, without the permission of the law society. the appellant's conviction had no connection with money or property belonging to the solicitor by whom he had been employed or any of ms ..... , in re.  1 w.l.r. 1219. the facts in that ease were that on september 20, 1957, the disciplinary committee of the law society made an order under section 16(1) of the solicitors act, 1941 as amended by section 11(1) of the solicitors (amendment) act, 1956 .....Tag this Judgment!
Court : Karnataka
Decided on : Jul-10-1974
Reported in : AIR1975Kant179; ILR1975KAR25; 1975(1)KarLJ105
..... air 1937 mad 176 (kazi chettiar v. v. ramasami chettiar, firm) related to a claim of self-acquisition by a member of a joint hindu family. it was held that such a claim cannot be said to be a claim by a stranger asserting paramount title. hence it does not apply ..... partly irrelevant, or bases its decision partly on conjectures, surmises and suspicions and partly on evidence, then in such a situation clearly an issue of law arises; and that in such a case, it is well established that when a court of fact acts on material partly relevant and partly irrelevant ..... of paramount title in a mortgage suit. the nine principles stated in : air1970ap153 , represent, in my opinion, the correct statement of the position of law. i may also add that under order 1, rule 13 of the code of civil procedure, unless the objection with regard to misjoinder has been ..... air1961pat28 (aneshwar prasad v. misri lall) wherein, it has been held that where the defendants were trespassers in possession of the mortgaged properties without any lawful title, the decree for redemption obtained by the plaintiff would become infructuous and that in such a case it is desirable that such defendants should be ..... upon that issue, neither party can afterwards say that the issue was irrelevant. in : air1970ap153 (r. veeraswamy v. r. jangammayya) the position of law on the question whether the persons claiming paramount title independently but not through the mortgagor or mortgagee can be called necessary or proper parties to a suit .....Tag this Judgment!