Court : Mumbai
Decided on : Oct-11-1974
Reported in : AIR1976Bom190; (1975)77BOMLR671; 1976MhLJ373
..... relied on a division bench judgment of this court in ganpatrao vishwanathappa barjibhe v. bhimrao sahibrao patil, : air1950bom278 , where it was laid down that under hindu law a decree obtained against the father alone in a mitakashara joint family cannot be executed against the sons' interest in the property after partition without making the ..... parties to the execution proceedings, their interest in the property did not pass to the plaintiff. it was further laid down in that case that under hindu law where the intention to separate was clear whatever the motive with which the partition was effected, whether the intention was to defraud the creditors or merely ..... believe that the ancient law givers who laid so much stress upon the duty of the son to his father's debt would have exempted him from payment of the ..... of objectionable character, even if some type of taxes or duties were exempt from the doctrine of pious obligation for certain reasons which appealed to the ancient smriti text writers: it is for the court to decide the context of the present society whether any particular tax liability is of such a nature ..... us that it is obligatory on the son that he should pay taxes which are legitimately due to the state by his father. even from ancient times till the present day the liability to pay tax to the state is regarded as one of the foremost duties of the citizens. we cannot .....Tag this Judgment!
Court : US Supreme Court
Decided on : May-15-1974
..... for philanthropic activity." "private foundations play a significant part in the work of philanthropy. while the foundation is a relatively modern development, its predecessor, the trust, has ancient vintage. like its antecedent, the foundation permits a donor to commit to special uses the funds which he gives to charity. . . . in these ways, foundations have enriched and ..... . second, in practical effect it gives a greater finality to irs decisions than we would want or congress intended. third, it inhibits the growth of a body of case law interpretive of the exempt organization provisions that could guide the irs in its further deliberations." ibid. [ footnote 2/15 ] see note, procedural due process limitations on the suspension ..... daily tax report, aug. 30, 1973, p. j-1. [ footnote 2/8 ] the value of philanthropic organizations must be balanced against the revenue-raising objectives of the tax laws. some of the factors to be weighed in this balance are reflected in the 1965 treasury department report on private foundations: "private philanthropic organizations can possess important characteristics which modern ..... the use of: "a corporation, trust, or community chest, fund, or foundation --" "(a) created or organized in the united states or in any possession thereof, or under the law of the united states, any state, the district of columbia, or any possession of the united states;" "(b) organized and operated exclusively for religious, charitable, scientific, literary, or educational .....Tag this Judgment!
Court : Karnataka
Decided on : Aug-29-1974
Reported in : AIR1975Kant67; ILR1975KAR415
order1. in these petitions under article 226 of the constitution, the sole question for decision is, whether the karnataka automobile tyres and tubes (control) order, 1971, is ultra vires and void as contended for the petitioners.2. the said order was made by the state government in exercise of the powers conferred by section 3 of the essential commodities act, 1955 (central act 10 of 1955) (hereinafter called 'the act'), read with s. o. no. 1844, dated the 18th of june, 1966 issued by the government of india. it was made on 13th december, 1971, and published in the karnataka gazette dated 14th of december, 1971. it extends to the whole of the state of karnataka. it provides, among others, for regulating the sale of tyres and tubes of all varieties, issuing of licence and prosecution for contravening the conditions of the licence.3. the petitioners are dealers in tyres and tubes. their common contention is that the state government have had no power validly delegated by the central government under section 5 of the act, to provide for the matters in relation to the automobile tyres and tubes.4. in order to examine the contention, it is necessary to have a close look at the relevant provisions of the act. the act was intended to provide in the interest of the general public, power to control production, supply and distribution of, and trade and commerce in certain commodities. 'essential commodity' was defined under section 2(a), as inclusive of various articles, like cattle .....Tag this Judgment!
Court : Karnataka
Decided on : Apr-05-1974
Reported in : 1975CriLJ1161
..... and such goods were actually seized from his possession. if the prosecution can prove that the gold recovered from the possession of the respondent was smuggled gold as if in law a presumption to this effect arises then he will clearly be guilty of the offence under section 167. in the present case gold was, in fact, recovered from him and .....Tag this Judgment!
Court : Gujarat
Decided on : Feb-06-1974
Reported in : 1975CriLJ661; (1974)GLR875
..... calls public safety, but the ultimate action which may be taken in pursuance thereof depends upon those who are actually charged with the maintenance of law and order. the government which issues them does not itself implement them. similarly, the commissioner of police who is the head of the police ..... direction.shall, if such disobedience causes or tends to cause obstruction, annoyance or injury, or risk of obstruction, annoyance or injury, to any persons lawfully employed, be punished with simple imprisonment for a term which may extend to one month or with fine which may extend to two hundred rupees, ..... provided in section 188 of the indian penal code. it provides as follows:whoever, knowing that, by an order promulgated by a public servant lawfully empowered to promulgate such order, he is directed to abstain from a certain act, or to take certain order with certain property in his possession ..... such direction is likely to prevent, or tends to prevent, obstruction, annoyance or injury, or risk of obstruction, annoyance or injury to any person lawfully employed or danger to human life, health or safely, or a disturbance of the public tranquillity, or a riot, or an affray.sub-section (3 ..... in that decision that the court would not grant the discretionary remedy of mandamus simply to asist parties to a proposed marriage to circumvent personal laws valid in another country relating to status. the facts which led to the enunciation of the aforesaid principle were that a spinster of spanish .....Tag this Judgment!
Court : US Supreme Court
Decided on : May-15-1974
..... appear to have been anticipated by mr. chief justice marshall in schooner peggy when he noted that, in "great national concerns . . . , the court must decide according to existing laws." 1 cranch at 5 u. s. 110 . indeed, the circumstances surrounding the passage of 718, and the numerous expressions of congressional concern and intent with respect to the enactment ..... 390 u. s. 402 (1968), the district judge held that plaintiffs in actions of this kind were acting as private attorneys general in leading school boards into compliance with the law, thereby effectuating the constitutional guarantee of nondiscrimination and rendering appropriate the award of counsel fees. 53 f.r.d. at 41-42. the court of appeals, in reversing, ..... its general equity power. [ footnote 8 ] first, the court observed that prior desegregation decisions demonstrated the propriety of awarding counsel fees when the evidence revealed obstinate noncompliance with the law or the use of the judicial process for purposes of harassment or delay in affording rights clearly owed. [ footnote 9 ] applying the test enunciated by the fourth circuit page ..... acting as "private attorneys general," newman v. piggie park enterprises, inc., 390 u. s. 400 , 390 u. s. 402 , in leading the school board into compliance with the law, thus effectuating the constitutional guarantees of nondiscrimination. the court of appeals reversed, stressing that, "if such awards are to be made to promote the public policy expressed in legislative action .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Jan-29-1974
Reported in : AIR1974AP157
..... any such illicit distillation , we fail to understand as to how the petitioner can get absolved of his contractual and legal obligations. no provision of any law or authority was cited to us in support of this contention. 104. mr. ramakoti's contention was that there was delay in issuing the licence. therefore ..... a view to mitigate it loss. in an appropriate suit where such a question may arise, the court can always decide the same in accordance with law. that question, however. cannot be considered in a proceeding under article 226 of the constitution obviously because ordinarily the high court would not embark upon ..... treatment to the abovesaid two types of contracts wherein a particular sum is mentioned, the legislature has removed much of the cob-web of case law and situations decided by english courts in this regard. it avoids all the technicalities involved in england in the application of the equitable principle enjoining ..... purpose of the remedy available under rule 15 but is also meant for the purpose of recovery of compensation even under another remedy under the ordinary law for recovery of damages. in that respect, we find ourselves in agreement with the earlier referred to two decisions of this court. in regard ..... kemble) v. farren, (1829, 6 bing 141) , this though one of the most ancient instances is truly a corollary to the last test. whether it had its historical origin in the doctrine of the common law that when a promised to pay b a sum of money on a certain day and did .....Tag this Judgment!
Court : Kolkata
Decided on : Oct-10-1974
Reported in : AIR1975Cal260,79CWN332
..... maintenance. the order is not made under section 151 of the civil p. c. the order is made in a suit with reference to the provisions of hindu law and the provisions of the 1956 statute.' in paragraph 7 of the judgment, a. n. ray, j. said : 'if a claim is denied ..... be maintained by her husband during her life time.'9-10. this is merely a statutory recognition of the age-old principle of the traditional hindu law that a husband is liable to maintain his wife throughout her life. if the husband is under an obligation to maintain his wife throughout her ..... 19 of the judgment, ray, j., observed that the power of the court to grant maintenance is derived from the hindu adoption and maintenance act 1956 as also the general provisions in hindu law and said 'the power of the court does not flow from section 151 of the code of civil procedure. section ..... encroach upon substantive rights in an interlocutory application upon matters which await adjudication in the suit.20. the learned judge further observed :'section 18 of hindu adoption and maintenance act does not authorise the award of interim maintenance pending decision of the claim to maintenance in contest in the suit. the ..... act primarily relate to marriage and not to maintenance. it was therefore necessary to provide expressly for maintenance or alimony pendente lite in those statutes. the hindu adoption and maintenance act relates primarily to adoption and maintenance. sub-section (1) of section 18 of the act provides as follows :--'18(1). .....Tag this Judgment!
Court : Chennai
Decided on : Jun-21-1974
Reported in : (1976)1MLJ56
..... building of temples, gifts for religious festivals with regard to idols, and gifts to math, have all been hold to be valid religious endowments. in essence, therefore, in hindu law, religious and charitable endowments are not confined to cases of public utility or benefit but also acquisition of religious merit is one of the criteria. the halo, which perceivably ..... which the courts in england have placed upon the term 'charity' in the statute of elizabeth, and, therefore, all purposes which according to english law are charitable, will be charitable under hindu law the hindu concept of charity is so comprehensive that there are other purposes in addition which are lecognised as charitable purposes. hence, what are purely religious purposes and ..... by modern western jurisprudence. from ancient times, one endowment is telescopable into the other. manu says:in the krita the prevailing virtue is declared to be in devotion, in treta divine knowledge, in the dwapara holy sages call sacrifice the duty chiefly performed; in the kaili liberality alone.mukherjee, a famous author on hindu law of religious and charitable trusts, ..... all round dimensional impact of modernisation and technocracy on the community regard to ancient precepts and respect far hindu notions has survived and is still evoking awe and reverence in the minds of the people belonging to the hindu community. judged by this yardstick of living, no court of law can accept a concept, which is strange and unknown and not even .....Tag this Judgment!
Court : Allahabad
Decided on : Jan-31-1974
Reported in : AIR1974All197
..... loss of their rights. the ancient roman law recognised a number of exceptions to the general rule of limitation. under the civil laws of rome the rule was 'nullum tempus occurrit regi' (lapse of time does not bar the right of the crown). even the ancient hindu jurisprudence admitted several exceptions to the ..... of ascertaining as to whether the benefit of section 6 of the limitation act should be extended to proceedings under that special or local law. the intention of the legislature to apply the entire limitation act to proceedings under the act is unambiguous. hence, we cannot look to ..... local or special act is quite clear, the application of section 29 (2) (b) of the limitation act to the special or local law must be deemed to have been excluded by the legislature. there would be no justification for circumscribing the applicability of the limitation act in such ..... of the soil and the state in the uttar pradesh and for the acquisition of their rights, title and interest and to reform the law relating to land tenure consequent on such abolition and acquisition and to make provision for other matters connected therewith,it is hereby enacted as ..... section 29 of the limitation act, the relevant portion of which reads as under:'section 29(1) ................................................(2) where any special or local law prescribes for any suit, appeal or application a period of limitation different from the period prescribed therefor by the first schedule, the provisions of section .....Tag this Judgment!