Court : Kerala
Decided on : Nov-25-1974
Reported in : AIR1975Ker150
..... the donee that possession was delivered' stating that the donee was a pardanashin lady and a relation ofthe donor, i am of the view that what muslim law reauires is proof of some recognised act by the owner (donor) which will go to show that the donor has parted with possession of the subject-matter ..... put, the donor should transfer or deliver possession of the subject-matter of the gift to the donee. however, . i do not think that the muslim law requires or insists upon any particular mode of delivery of possession. at any rate, nosuch rule was brought to my notice. the decision of the privy council in ..... facts held to be insufficient to support a gift as against the heirs of the donor.'to the same effect is section 421 in tyabji on muslim law (4th edition, page 393):--'from the donor's acknowledgement of having made a gift and delivered pos-session it may be presumed against the donor and ..... the executant. this means that the donor in effect handed over the gift deed to the donees.10. section 150 (4) of mulla's principles of mahomedan law (seventeenth edition at page 143) is as follows:--'a declaration in a deed of sift that possession has been given binds the heirs of the donor. but ..... to make the contract. a false statement, whether innocent or fraudulent, does not per se give rise to a cause of action.' (cheshire and fifpoot on the law of contract. seventh edition, p- 242).the lower courts concurrently held that the donor was on good terms with the defendants 1 to 3. and that it .....Tag this Judgment!
Court : Delhi
Decided on : Feb-15-1974
Reported in : AIR1975Delhi66; 11(1975)DLT1; ILR1974Delhi725
..... describes it as 'a legal proceeding that is brought by the state, sovereign, or public officer, has a purpose similar to that of the ancient writ of quo warranto, is usually criminal in form and sometimes authorizes the imposition of a fine but is essentially civil in nature and seeks to ..... being rendered of no effect. the order of supersession in that case was held to be mala fide and, thereforee, automatically the position in law would be that the municipality was not superseded and its commissioners including the chairman would continue to exercise the powers and perform the duties which ..... great weight .................. the high court in a quo warranto proceeding should be slow to pronounce upon the matter unless there is a clear infringement of the law.' in effect, these observations are no different than those in university of mysore and another v. c. d. govinda rao and another, (supra). ..... . in other words, the procedure of quo warranto gives the judiciary a weapon to control the executive from making appointments to public office against law and to protect a citizen from being deprived of public office to which he has a right. these proceedings also tend to protect the public ..... office or corporate or public franchise, and may result in judgments of ouster against individuals and of ouster and seizure against corporations.'(8) halsbury's laws of england, third edition, volume 11, para 281 (1) contains a summary of the decisions of english courts with regard to the discretion of .....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 : Chennai
Decided on : Mar-07-1974
Reported in : (1974)2MLJ306
..... amman temple situate in andipatti village in periakulam taluk.2. the case of the plaintiff was that the sri kaliamman temple, which was an ancient institution was always being managed by a hereditary trustee and that it was the family of the plaintiff which was managing the temple and its ..... board. the entries contained therein have been scrutinised and verified by a special inspector of the board and have been countersigned by the assistant commissioner, hindu religious and charitable endowments. though the names of three persons have been entered in the register as persons exercising the office of trustee in respect ..... to obtain possession of the temple and the temple properties from the plaintiff. at once the plaintiff sought the intervention of the deputy commissioner, hindu religious and charitable endowments board, madurai and prayed that no certificate for possession of the temple and its properties should be granted in favour of ..... in an action at any stage of the proceedings and that the invoking of such a defence cannot be trammelled by any other rule of law. of necessity the application of such doctrines of defence must have relevancy to the conduct of parties and cannot be worked out in vacuum ..... the deputy commissioner on the hearing day while the objector to the petition was present, the plaintiff, in view of the salutary principle of law laid down in order 9, rule 9, civil procedure code, is precluded from bringing a fresh action in respect of the same matter and that as .....Tag this Judgment!
Court : Chennai
Decided on : Mar-07-1974
Reported in : AIR1975Mad167
..... sri kaliamman temple situate in andipatti village in periakulam taluk. 2. the case of the plaintiff was that the sri kaliamman temple which was an ancient institution was always being managed by a hereditary trustee and that it was the family of the plaintiff which was managing the temple and its affairs ..... committee to obtain possession of the temple and the temple properties from the plaintiff. at once the plaintiff sought the intervention of the deputy commissioner. hindu religious and charitable endowments board, madurai and prayed that no certificate for possession of the temple and its properties should be granted in favour of the ..... in uninterrupted management of the same for very many years. in the year 1939, the temple was declared to be an excepted temple by the hindu religious and charitable endowments board and while deciding the character of the temple the board had also determined the nature of the office of the trustee ..... party in an action at any stage of the proceedings and that the invoking of such a defence cannot be trammelled by any other rule of law. of necessity the application of such doctrines of defence must have relevancy to the conduct of parties and cannot be worked out in vacuum. ..... before the deputy commissioner on the hearing day while the objector to the petition was present, the plaintiff, in view of the salutary principle of law laid down in order 9, rule 9, civil p.c., is precluded from bringing a fresh action in respect of the same matter and that .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Oct-03-1974
Reported in : AIR1975SC308; (1975)3SCC646; 2SCR259
..... he said in his evidence that he covered one meeting of the first respondent in sadar parliamentary constituency and that was a meeting at chhoti masjid, bara hindu rao on 26th february, 1971. the speakers at this meeting, according to him, were o. p. jain, mir mushtaq ahmad, narendra kumar and ..... advance the remedy by purifying our election process and ridding it of the pernicious and baneful influence of big money. this is in fact what the law in england has achieved. there, every person, on pain of criminal penalty, is required to obtain authority from the candidate before incurring any political ..... be incurred in connection with an election. this background must inform the court in the interpretation of this vital and significant provision in the election law of our country.11. now, if a candidate were to be subject to the limitation of the ceiling, but the political party sponsoring him ..... resulting ultimately in the casualty of the interest of the common man, not so much ostensibly in the legislative process as in the implementation of laws and administrative or policy decisions. the small man's chance is the essence of indian democracy and that would be stultified if large contributions ..... to produce other vices at all levels. this danger has been pointed out in telling words in the following passage from the notes in harvard law review, vol. 66, p. 1260:a less debatable objective of regulating campaign funds is the elimination of dangerous financial pressures on elected officials. .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Aug-23-1974
Reported in : AIR1974SC2192; (1974)IILLJ465SC; (1974)2SCC831; 1SCR814; 1975(1)SLJ1(SC)
..... setalvad further narrates two incidents when the president dr. rajendra prasad asked his opinion on two mattery the president wanted to know whether he could prevent the hindu code bill from becoming law. the attorney general advised him that the president was bound to act according to the advice of his ministers. on another occasion, the president wanted to ..... extent that article 163 permits and his discretion, remote controlled by the center, has play.122. when dr. prasad, as president of india, hesitated to sign the hindu code bill in september 1951 and wrote to prime minister nehru whether he could not exercise his judgment, the latter did not mince words :the whole conception of constitutional government ..... judicial independence from executive control has been accomplished in england. the framers of our constitution, impressed by this example have fortified the cherished value of the rule of law by incorporating provisions to insulate the judicature. justice becomes fair and free only if institutional immunity and autonomy are guaranteed (of course there are other dimensions to judicial independence ..... denying judicial aid to .undermining the democratic substance of cabinet government. a coup can be constitutionally envisioned by an erroneously literal interpretation of the living words of the organic law. prof. alen glendhill, we must warn ourselves, wrote :let us assume that a president has been elected who has successfully concealed his ambition to establish an authoritarian .....Tag this Judgment!
Court : Delhi
Decided on : Jan-25-1974
Reported in : ILR1974Delhi160
..... no copy of the decree need accompany the memorandum of appeal. it is, however, interesting to notice that while the provisions of the code and the hindu marriage act were considered for the purpose of determining the question in controversy before the division bench, no reference was made to rule 2 (b), part ..... be against the appellant either way.(47) the question for consideration, thereforee, would be whether on the facts and circumstances of this case and the law relative thereto, it could be said that there was sufficient cause for the delay in filing the certified copies of the orders so as to justify ..... had taken the view that where no specific order of exemption had been granted, the appellant could not claim any relief against the rigour of the law of limitation but having regard to the peculiar facts of that case, condoned the delay in filing the certified copy. relying on these observations, in ..... 42 of the act, which deal with the enforcement of such orders are in the following terms : 25. 'notwithstanding anything contained in any other law, where the interest of a tenant in any premises is determined for any reason whatsoever and any order is made by the controller under this act for ..... . the order of the addl. rent controller accordingly set aside ind the addl. rent controller was directed to proceed with the petition in accordance with law.(6) aggrieved by the order of the rent control tribunal, the appellant has come up in appeal under section 39 of the act.(7) before .....Tag this Judgment!
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!