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Judgment Search Results Home > Cases Phrase: ancient hindu law Year: 1974 Page 11 of about 171 results (0.061 seconds)

May 09 1974 (HC)

State of Rajasthan Vs. Balmukand

Court : Rajasthan

Decided on : May-09-1974

Reported in : 1974WLN367

..... of the constitution by the kerala legislative assembly and there was no question in that case of enforcement of directive principles in a court of law. it was observed by their lord- ships that a harmonious construction should be adopted. in this case they observed at page 966:while ..... lordships, were made by the respective legislature. their lordships observed that these directive principles, it is true, are not enforceable by any court of law and held that harmonious interpretation is to be placed on the constitution with regard to the directive principles and the fundamental rights45. in re the ..... the stage of or in connection with manufacture of them. in the aforesaid case the learned chief justice made an exhaustive survey of the law on the subject and after examining various legislative measures relating to excise duty made the following pertinent observations at page 12 of the report:after ..... for us to examine at this stage. suffice it to say firstly, that the question of legally levying excise duty is essentially a question of law and that is basic and important for the consideration of the arguments advanced in these cases. any vague admission made by the former advocate general ..... sake of convenience 'liquor contractor'. they challenged by their petitions under article 226 of the constitution that the state of rajasthan was unjustified in law in demanding from them moneys which amounted to the excise duty in respect of the liquor which they had not drawn. the state of rajasthan .....

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Dec 19 1974 (HC)

Mehboob Productions Private Ltd. Vs. Commissioner of Income-tax, Bomba ...

Court : Mumbai

Decided on : Dec-19-1974

Reported in : [1977]106ITR758(Bom)

..... that income may be chargeable to tax under the indian income-tax act, it is not necessary that it should have an origin in some obligation enforceable by law. 32. in commissioner of income-tax v. shaw wallace & co. it was observed that in order to be income, the receipts must be something which ..... proceed from a legal source : in that if the payments are not made the enforcement of the payments could be sought by the payee in a court of law. it does not, however, mean that every voluntary payment will constitute 'income'. thus, voluntary and gratuitous payments, which are connected with the office, profession ..... taken as income. the allahabad high court, however, has rightly observed that the source for the income need not be one which is recognised under the law and that even income derived from an illegal business could be held liable to tax. reference may now be made to the case of doors tea co. ..... which the assessee expected the government of india to honour. no doubt, every time the payments that was made was gratuitous payments in the eye of law, but it was expected that such payment was to be made annually' (page 88). in this view of the matter, the payments were held to ..... payments. it was accordingly contended on behalf of the assessee that payments by virtue of gratuitous arrangements which could not been forced in a court of law would not amount to income, as the receipts would not be referable to a definite source capable of yielding some periodical return. the division bench .....

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Feb 12 1974 (HC)

Bombay Cycle and Motor Agency Ltd. Vs. Bhagwanprasad Ramragubir Pandey

Court : Mumbai

Decided on : Feb-12-1974

Reported in : (1974)76BOMLR612

..... including the present applicant on the issue as to whether or not the vehicle could be confiscated to the state, shall dispose of the case according to law in the light of the observations made in the judgment, so far as it relates to the disposal of the vehicle by confiscation to the state.30. ..... by confiscation of the same to the state, are set aside and the proceedings are remanded back to the trial court for disposal of the case according to law, so far as it relates to the disposal of the vehicle by confiscation to the state. on receipt of the record and proceeding, the trial court ..... given to the parties adversely affected. but though the statute is silent and does not expressly require issue of any notice there is in the eye of law a necessary implication that the parties adversely affected should be heard before the court makes an order for return of the seized property.that was a case where ..... it, and the high court in the exercise of such powers has no right to set aside its own judgment on the ground that it is erroneous in law or in fact, there are no doubt well recognised exceptions to the above principle, such as cases, where the earlier decision was passed without jurisdiction or ..... criminal procedure and rule 7 of the rules passed under the travancore lunacy act, even if the direction in the judgment is not strictly in accordance with law, this is not a case in which the court has acted without jurisdiction or where there was an abuse of the process of court or where any .....

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Apr 25 1974 (HC)

P.C. Gupta Vs. State and anr.

Court : Allahabad

Decided on : Apr-25-1974

Reported in : 1974CriLJ945

..... inspector general of police. chandigarh, alleging commission of offences under sections 420, 109. 114 and 120b of the indian penal code by resnondent r. p. kapur and his mother-in-law. on the 18th july, 1959, r. p. kapur. respondent, was taken in custody by the police following investigation in consequence of the report dated 10th december. 1958 lodged by m ..... and s.n. sharma v. bipen kumar tewari : 1970crilj764 the division bench decision of this court in 1963 all lj 334 : 1963 (2) cri lj 64 was no longer good law. the learned single judge being of the opinion that the point raised 'before him was one of importance and likely to be raised in various cases which may be pending .....

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May 01 1974 (HC)

Umraosingh and Co., Mahanagar, Lucknow (U.P.) Vs. the State of Madhya ...

Court : Madhya Pradesh

Decided on : May-01-1974

Reported in : AIR1976MP126

..... . bungo steel furniture, air 1967 sc 1032. in firm madanlal roshanlal's case the award gave no reasons. in negativing the contention that there was an error of law on the face of the award, the court observed as follows : 'in the present case, the arbitrator gave no reason for the award. we do not find ..... 378 at p. 382 clearly laid down that it was well settled principle that an arbitrator was not bound to record his reasons or state the principles of law on which he had proceeded, and that it is only when the arbitrator proceeds to give his reasons or to lay down the principles on which he ..... award which allowed future interest was clearly separable and, therefore, the rest of the award could not be held to be invalid. there is no principle of law that if a portion of an award which is clearly separable is found to be defective because of an error apparent on its face, the court rets jurisdiction ..... regard to interest. this error made the award invalid in, respect of interest, but this portion of the award was severable from the rest of it. the law in this respect is that if the bad portion of the award is separable the award will be held good for the residue; whereas, if the two are ..... if a dispute as to interest is referred to arbitration, it is an implied term of the reference that the arbitrator will decide the dispute according to existing law and give such relief with regard to interest as the court would give if it decided the dispute. on this basis it has been held that the .....

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Mar 12 1974 (HC)

Phulchand Agrawal Vs. Union of India (Uoi) and ors.

Court : Orissa

Decided on : Mar-12-1974

Reported in : AIR1975Ori110

..... over mediratta. the view taken by the union of india while disposing of the revision of mediratta does not seem to be in accord with the law.10. there is another feature which must also be taken into consideration. the regular prospecting licence was granted to phulchand on 30th april, 1970. in ..... application shall be accompanied by the prescribed fee is mandatory and an application not accompanied by the prescribed fee is not an application in the eye of law. the language used in section 10(1) and rule 9 also lends support to such a construction.9. the application of 14-10-1961 made ..... in breach thereof would be invalid. but where it is directory, the act would not be invalid though non-compliance may give rise to other consequences. law requires that a mandatory enactment must be satisfied with exactitude while in respect of a directory provision it would be sufficient if it is fulfilled to a ..... party no. 3 has taken the stand that it is directory. both sides relied upon a number of authorities in support of their respective contentions.4. the law on the point is available in the mines and minerals (regulation and development) act, 67 of 1957 (hereinafter referred to as the act) and the mineral ..... state government and the director of mines taking time in clarifying the position. as the application dated 14-10-1961 was not a bad one in law, with removal of the defect, mediratta became entitled to the priority and the union government has rightly accepted that stand of his.3. on the .....

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Feb 27 1974 (HC)

Swatantra Land and Finance Private Ltd. Vs. the State of Haryana

Court : Punjab and Haryana

Decided on : Feb-27-1974

Reported in : AIR1975P& H52

..... desired by the owners. the land acquisition officer thereupon sent the en-tire record of the case to the district judge, jaipur, for disposal according to law. when the case came up before the district judge, the government raised a point that there was no legal award and that there was no valid reference ..... them, his action is illegal ; and no waiver on his part can atone for the failure of the claimants to fulfil the statutory conditions which the law required them to fulfil before their right to require the collector to make a reference could come into existence.'27. with great respect to the learned judge, ..... the particular statute. a passive attitude which the court is compelled to adopt in case it is asked to adiudicate upon invalid references cannot be founded on law or reason.3. it is. thus within the competency of the court, to which a reference is made bv the collector under section 18, to ..... is incapable of existence.2. no court can be compelled to adjudicate upon matters which do not come before it in strict conformity with the requirements of law. it is within the inherent power of the court to find out whether the matter that comes before it. is in the proper form and in ..... ho should not refer an application to the district judge if it is made beyond the time prescribed. it is a well known principle of law that anv provision of law. which authorises a competent authority to receive an application and to take action thereon if it is made within time, gives an inherent power .....

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Sep 25 1974 (HC)

R.C. Abrol Vs. Official Liquidator R.C. Abrol and Co. Pvt. Ltd. and or ...

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 .....

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Jul 19 1974 (HC)

Premier Tyres Limited Vs. V.A. Abraham

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 .....

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Nov 27 1974 (HC)

Fathima Beebi Vs. M.K. Ravindranathan and ors.

Court : Kerala

Decided on : Nov-27-1974

Reported in : 1975CriLJ1164

..... years. under our constitution, the only guarantee of personal liberty for a person is that he shall not be deprived of it except in accordance with the procedure established by law. the need today for maintenance of supplies and services essential to the community cannot be over-emphasised. 'there will be no social security without maintenance of adequate supplies and ..... from anti-social activities can never furnish an adequate reason for invading the personal liberty of a citizen except in accordance with the procedure established by the constitution and the laws. the history of personal liberty is largely the history of insistence on observance of procedure. and observance of procedure has been the bastion against wanton assaults on personal liberty ..... article 22 confers valuable rights. they are fundamental rights. they can be suspended by the president under clause (1) of article 359. this power cannot be defeated by a law made under the constitution in compliance with the constitutional provisions. to hold otherwise would mean that a creature of the constitution would destroy a part of the constitution itself. if ..... measure of preventive detention. thus those under preventive detention have been conferred certain rights constitutionally. clause (5) of article 22 insists that when a person is detained under a law providing for preventive detention, the authority making the order shall as soon as may be, communicate to such person the grounds on which the order has been made and shall .....

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