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Judgment Search Results Home > Cases Phrase: ancient hindu law Year: 1974 Page 16 of about 171 results (0.063 seconds)

Jun 17 1974 (FN)

Ross Vs. Moffitt

Court : US Supreme Court

Decided on : Jun-17-1974

..... file an effective brief by telling his story in simple language without legalisms, but the technical requirements for applications for writs of certiorari are hazards which one untrained in the law could hardly be expected to negotiate." " certiorari proceedings constitute a highly specialized aspect of appellate work. the factors which [a court] deems important in connection with deciding whether to grant ..... clause, and mr. justice harlan in dissent thought the discourse should have been in those terms, due process encompasses elements of equality. there simply cannot be due process of the law to a litigant deprived of all professional assistance when other litigants, similarly situated, are able to obtain professional assistance and to be benefited by it. the same concepts of fairness .....

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Mar 06 1974 (HC)

Commissioner of Income-tax Vs. Dr. P.N. Awasthi and

Court : Allahabad

Decided on : Mar-06-1974

Reported in : [1976]105ITR320(All)

..... widows was diverted from the family to them by an overriding obligation in the nature of a charge, and the income could not be said to accrue to the joint hindu family at all.'11. the principle deducible from these decisions seems to be whether an obligation is on the income or is in the nature of a charge upon the ..... to the outgoing agents. it was not established that the payment of compensation was by an overriding title created either by the act of the parties or by operation of law. it was held that payment of compensation by the assessee to the outgoing agents was not by an overriding title. though the assessee did pay out the amount sought to ..... it readies the assessee, it is deductible ; but where the income is required to be applied to discharge an obligation after such income reaches the assessee, the same consequence, in law, does not follow. it is the first kind of payment which can truly be excused and not the second. the second payment is merely an obligation to pay another a ..... satish chandra, j.1. these four references raise the same question of law, namely, whether on the facts and in the circumstances of the case, the income-tax appellate tribunal was right in holding that on a correct interpretation of the relevant rules .....

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Nov 01 1974 (HC)

Dharam Dev Mehta Vs. Union of India and ors.

Court : Delhi

Decided on : Nov-01-1974

Reported in : ILR1975Delhi492

t.p.s. chawla, j.(1) there is only one question raised in this. apreal : wheatherv the notiece retiring the appellant on attaining the age 55 years from the post of an auditor. which he was then holding, was issued by the 'appropriate authority'.' a single judge of this court has held that it was. hence the appellant has appealed. (2) in october 1952 the appellant was taken into the subordinate accounts service. he was promoted on 23rd august 1962. a controversy exists whether he was then made an assistant accounts officer or an assistant audit officer, bill it is of no consequence. it is agreed that he functioned as an assistant audit officer. by an order dated 8th april 1968 the comptroller and auditor general of india redesignated this post as audit offiiecr, the word 'assislam.' being dropped. in every other respect the post remained the same. at that time the appellant was working in the office of the chief auditor, commercial accounts, northern region. new delhi whilst. till so employed he received a notice dated 28th august 1968 from the director of commercial audit. saying that. as in his opinion . was in the public interest to do so, the appellant would retire from service on attaining the age of 55 years-, on 10t5h november 1968 or from the date of expiry of 3 months is service after service of the notice. whichever was later. the appellant's representation for an extension of his service on compassionale grounds was rejected. on 15th november 1958 the appellant .....

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Nov 27 1974 (HC)

Eranthankandy Ponathil Sankaran Vs. Chirukandoth Mundayodan Narayani A ...

Court : Chennai

Decided on : Nov-27-1974

Reported in : (1975)2MLJ131

..... property. p.w. 1, the plaintiff's only witness, admitted in cross examination that there is a temple in the manikampoyil paramba, that it is an ancient temple, and that he did not know whether the temple belongs to mamkampoyil tavazhi. he also admitted that devaki and ramunni were paying the land revenue for ..... refer to the recent decision of this court in dhulabhai v. state of madhya pradesh : [1968]3scr662 , in which after an exhaustive discussion of the case law the legal position was summarised by the court speaking through hidayatullah, c.j., as follows:(1) where the statute gives a finality to the orders of the ..... may prefer a petition to the high court against the order on the ground that either body has decided erroneously or failed to decide any question of law. no such-self-contained hierarchy of tribunals has been provided in respect of the orders of the officers prescribed by the act for the maintenance of ..... arrears of rent, if any, payable, by a kudikidappukaran on the date of the commencement : of this act, whether the same be payable under any law, custom or contract or under a decree or order of court, shall be deemed to be fully discharged if he pays one year's rent or the actual ..... have the use and occupation of a portion of such land for the purpose of erecting a homestead ; or(ii) who has been permitted by a person in lawful possession of any land, to occupy, with or without an obligation to pay rent, a hut belonging to such person and situate in the said land ;and .....

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Jun 21 1974 (HC)

Mohammed KarimuddIn (Died) and ors. Vs. the State of Madras Represente ...

Court : Chennai

Decided on : Jun-21-1974

Reported in : (1975)2MLJ396

..... of certiorari to remove such an erroneous order, other features in this case broadly referred to above would enable the petitioner to succeed.17. the law of eminent domain enables the state to compulsory acquire private land. by such a statutory process the owner is deprived of his rights to own property ..... it is necessary to see and adjudge whether such a decision is made by a quasi-judicial tribunal or not and whether it is sustainable in law.16. apart from the apparent error in the impugned order which by itself is a ground for interference under article 226 of the constitution for ..... society itself, not from the artificial reservoir of parliament. as pointed out by a witty writer judge e. a. parry in the drama of the law, 'statutes' are only quoted. their disastrous effect on human happiness has made them rightly repellant to men of generous minds. even judges can scarcely hide ..... statutory board functioning under the madras state housing board, did not pass any resolution cancelling the scheme or avoiding the scheme in a manner known to law. the narrative of facts above discloses that it was purely on humanitarian considerations, but by totally ignoring the rights of the petitioner, that the ..... reliance was placed upon the observations of the select committee in paragraph 12 of the report dated 2nd february, 1893 for effecting the change in law and the circumstances under which the power under section 48 could be invoked. it is said in the report that experience has shown that the .....

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Jul 31 1974 (HC)

State of Kerala Vs. Mammu Musaliar and ors.

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 .....

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Jun 24 1974 (FN)

Hamling Vs. United States

Court : US Supreme Court

Decided on : Jun-24-1974

..... on the assumption that amended 1461 is invulnerable to constitutional attack, the court's affirmance of these convictions is a patently indefensible denial to these petitioners of due process of law. the trial judge followed manual enterprise's construction of amended 1461 that required a determination of guilt upon the basis of a "national" standard of decency. the court ..... to the proper standard for judging obscenity, already discussed, give adequate warning of the conduct proscribed and mark" ". . . boundaries sufficiently distinct for judges and juries fairly to administer the law. . . . that there may be marginal cases in which it is difficult to determine the side of the line on which a particular fact situation falls is no sufficient reason ..... whether petitioners were materially prejudiced by those references is a different question. certainly the giving of such an instruction does not render their convictions void as a matter of constitutional law. this court has emphasized on more than one occasion that a principal concern in requiring that a judgment be made on the basis of "contemporary community standards" is to ..... that california could constitutionally proscribe obscenity in terms of a "state-wide" standard did not mean that any such precise geographic area is required as a matter of constitutional law. our analysis in miller of the difficulty in formulating uniform national standards of obscenity, and our emphasis on the ability of the juror to ascertain the sense of the .....

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Jan 31 1974 (SC)

Mangalore Ganesh Beedi Works and ors. Vs. Union of India (Uoi) and ors ...

Court : Supreme Court of India

Decided on : Jan-31-1974

Reported in : AIR1974SC1832; [1974(28)FLR177]; 1974LabIC1237; (1974)ILLJ367SC; (1974)4SCC43; [1974]3SCR221

..... or their other benefits than no question would arise. it is not uncommon for labourers to work for a contractor on terms which are designed to satisfy the law that they are not servants but independent contractors.43. in the present case, it is not material to find out as to who can be called an independent ..... the previous experience of the applicant, (c) the financial resources of the applicant including his financial capacity to meet the demands arising out of the provision of the laws for the time being in force relating to the welfare of labour (d) whether the application is made bonafide on behalf of the applicant himself or any other ..... union is declared by parliament by law to be expedient in the public interest. the legislation in the present case does not fall within entry 24 in list ii or entries 7 and 52 in ..... speaks of industries subject to the provisions of entries 7 and 52 of list i. entry 7 in list i speaks of industries declared by parliament by law to be necessary for the purpose of defence or for the projection of war. entry 52 in list i speaks of industries the control of which by the ..... the act will not apply to home workers at all.22. the mysore high court in p. syed sakeb & sons. v. state of mysore (1972) mysore law journal 450 held that sections 3 and 4 of the act are constitutional and not violative of articles 14 and 19(1)(g) of the constitution. section 3 of .....

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Feb 06 1974 (SC)

Municipal Council, Tirupathi Vs. Tirumalai Tirupathi Devasthanam.

Court : Supreme Court of India

Decided on : Feb-06-1974

Reported in : (1974)3CTR(SC)198

..... act, recourse has to be taken to the meaning attributed to the word in the dictionaries and the law lexicons as well as to the popular concept of the term. choultry is indeed an ancient institution and is principally meant for lodging of pilgrims and travellers. it is conceivable that in 1984, ..... tax and a taxing statute or provision has to be construed strictly on its plain meaning where possible. similarly whosoever claims exemption from tax under the law, has to establish his own case as falling within the exemption clause. in case of any ambiguity the benefit will, however, go to the ..... that it shall be levied on buildings and lands within the municipal limits save and except those exempted by or under the act or any other law. then section 83 provides for general exemption under various heads and categories. there are exceptions within exceptions in sec. 83 itself with a proviso ..... for the occupation of which is used exclusively for charitable purposes :*****the word 'choultry' is not defined in the act. the world is defined in the law lexicon of british india compiled and edited by ramanatha aiyar, 1940 edition, as follows :'choultry : chatram, a choultry is a corruption of chavadi. it ..... on the ground floor and they are also used for the pilgrims'.6. mr. natesan, learned counsel for the appellant, submits that the plaintiff cannot in law claim exemption under section 83 (1)(b) of the act. we may, therefore, read the material provisions in the section with which we are concerned .....

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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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