Court : Supreme Court of India
Decided on : Nov-20-1974
Reported in : AIR1975SC1146; (1975)1SCC166; 2SCR774
..... right to property under article 19(1)(f) of the constitution, it is sufficient to state that the question is covered by two decisions of this court in the commissioner, hindu religious endowments, madras v. sri lakihmindra thirtha swamiar of sri shirur mutt : 1scr1005 and swami motor transport (p) limited and anr. v. sri sankaraswamigal butt and ..... terms. in the present case our interpretative endeavour has been imbued with this spirit. in the process of interpretation where alternatives are possible, the man in the law influences the law in the man may be and the construction on sections 4 and 13 of the amendment act herein adopted, we admit, appeals to us as more humane. ..... on institution of suits for eviction by transferee landlords. this would both disenchant speculative purchases and provide occupants time to seek alternative housing. presumably, these objects inspired the law-makers to extend the embargo backwards to pending eviction proceedings. quite conceivably, the tendency to create a transferee class of real estate owners gradually gathered in volume and ..... socially constructive, not legally captious, microscope to discover glaring unconstitutional infirmity, if any, and not chase every chance possibility or speculative thought which may vitiate the law. stray misfortunes when laws affecting large chunks of the community are enacted are inevitable and the respondents before us may perhaps belong to that category. social legislation without tears, affecting vested .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Aug-26-1974
Reported in : AIR1974SC2069; 45CompCas136(SC); (1974)2SCC741; 1SCR890; 1974(6)LC783(SC)
p. jaganmohan reddy, j.1. this appeal is by certificate against the judgment of the high court of bombay varying the judgment and decree passed against respondents 1 to 4 by the district judge of nagpur on an application under section 235 of the indian companies act 7 of 1913--hereinafter called the act'.2. it appears that in or about april 1949 the industrial & agricultural engineering company (c.p.) ltd.--hereinafter referred to as 'the company' was formed under the act with its registered office situated at nagpur. from the date of the company's incorporation till august 27, 1952 one shantilal nemchand shah respondent 5 was the managing director, while respondents 1 to 4 were the directors of the company. on august 27, 1952, respondent 5 resigned as managing director and in his place two directors c.v. krishnamurthi respondent 2 and m. ganpatram respondent 3 were appointed directors. these two new directors were the employees and directors of a concern known as industrial & agricultural engineering company (bombay) ltd.--hereinafter called 'the bombay company'.' respondent 4 t.k. shamu is the cousin of respondent 1 raghawa desikachar. there was also a partnership firm consisting of respondent 1 and some others. the office of this partnership was located in the office of the bombay company. after august 27, 1952, respondent 5 having resigned the office of managing director was only a shareholder and it transpired that as the company was not making profits, the directors .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Aug-16-1974
Reported in : AIR1974SC2165; 1974CriLJ1486; (1975)3SCC219; 1SCR753
..... to desist from shouting vulgar slogans. politics may or may not be a clean game but no court can suffer with equanimity such flagrant defiance of law by members of political parties, whatever their colour or creed. they must know that it will not pay to carry pistols in processions for being ..... fact, the high court went a step further and held that these two witnesses corroborated rajendra kumar misra also. rajendra kumar is the brother-in-law of tribeni sahai's brother radhey shyam sharma who at the relevant time was stationed at lucknow as deputy inspector general of police and as a member ..... trial in the sessions court, jhilmili's sons, chotey and chironji, were sitting in the group interested in the accused. besides, jhilmili's son-in-law sia ram and another relative ved prakash were contesting the election for the membership of the committee as candidates of congress (o). jhilmili stated that he did ..... dropped them deliberately as they were on the side of the accused.35. rajendra kumar misra is himself a relative of tribeni sahai, being the brother-in-law of radhey shyam sharma, the brother of tribeni sahai. in the f. i. r. rajendra kumar mentioned that loki, ganga ram and aryendra had seen ..... information of the incident at 9.45 p.m. at the police station which is about two furlongs away. rajendra kumar misra is the brother-in-law of radhey shyam sharma who is the brother of the deceased tribeni sahai. radhey shyam was, at the material time, the deputy inspector general of police .....Tag this Judgment!
Court : Delhi
Decided on : Nov-22-1974
Reported in : 1975CriLJ1376; ILR1975Delhi492b
..... matters 'referred to therein will be both 'prejudicial to the security of the state or the maintenance of public order' '.(22) the position of law that emerges from the decisions cited above is that unless the statute itself defines a particular expression by use of the disjunctive, as in the case of ..... a ground on which a legal order of detention could have been based.(17) in the same case, hidayatullah, j., brought out the distinction between the expressions 'law and order', 'public order' and 'security of the state'. he observed thus- 'itwill thus appear that just as 'public order' in the rulings of this ..... that ram manohar lohia should be detamed 'with a view to preventing him from acting in any manner prejudicial to the public safety and the maintenance of law and order'. rule 30(1) (b) of the defense of india rules under which the order of detention was passed was in these terms :- ..... under s. 491 (1) the bar would be inapplicable and proceedings taken on behalf of the detenu will have to be tried in accordance with law.'inconclusion, the supreme court pointed out that the above illustrations did not exhaust all the pleas which could be taken outside the purview of the presidential ..... thereis yet another ground on which the validity of the detention may be open to challenge. if a detenu contends that the operative provision of the law under which he is detained suffers from the vice of excessive delegation and is, thereforee, invalid, the plea thus raised by the detenu cannot at .....Tag this Judgment!
Court : Allahabad
Decided on : Mar-20-1974
Reported in : AIR1974All324
..... authority. reliance was placed on article 329 of the constitution, which reads as below:--'notwithstanding anything in this constitution--(a) the validity of any law relating to the delimitation of constituencies or the allotment of seats to such constituencies, made or purporting to be made under article 327 or article ..... significant, as cohen has neatly observed in his ethical systems -- 'words are frail packages for legislative hopes. the voyage to the realm of law observance is long and dangerous.' it is a question of serious import whether a person should be allowed to take advantage of his illegitimate action in ..... :'the statute has clearly proscribed inspection of documents relating to the affairs of the state. the rule of conduct which is prescribed by this law is that no person should pry into confidences of governmental affairs. but the conduct of the petitioner clearly runs counter to the rule for ..... sri saxena, therefore, clearly indicates that at no stage he claimed any privilege under section 123 of the evidence act. he stated that the law department had advised the home department to claim privilege and yet no formality was observed, nor any step was taken by the home minister to ..... that even if the information is based on unpublished official records relating to the affairs of state, the same could be given in evidence in law courts, provided the head of the department has no objection and he so permits. therefore, the question about permitting any evidence to be led .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jun-05-1974
Reported in : (1974)2SCC33; 1SCR504
..... act. has been published by assigning 182 seats to the gujarat assembly which notification under section 10(2) of the 1972 act has the force of law and cannot be questioned in any court, elections to these 182 scats cannot be held on the basis of the old electoral rolls because those electoral ..... total number of seats and the division of each state into territorial constituencies shall be readjusted by such authority and in such manner as parliament may by law determine. the delimitation commission under the 1972 act is engaged in the division of the state into territorial constituencies.44. it is apparent and there is ..... and the observation in both the cases that the reference should not be declined excepting for good reasons. this court accepted the reference on the questions of law arising or likely to arise. das, c.j. in in re. kerala education bill case said that it is for the president to determine what ..... mandatory character because of supervening impossibility caused by the act of god. (sec broom's legal maxims 10th edition at pp. 1962-63 and craies on statute law 6th ed. p. 268).17. the effect of article 62(1) was considered by this court in narayan bhasker khare v. the election commission of india ..... years shall operate as a dissolution of the house the period may, while a proclamation of emergency is in operation, be extended by parliament by law for a period not exceeding one year at a time and not extending in any case beyond a period of six months after the proclamation has .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Oct-17-1974
Reported in : AIR1975SC522; 1975CriLJ439; (1975)4SCC598; 2SCR470
..... we think for good reasons -suspected adulterants. the presence of these suspected adulterants in bulk, safely stored in tins, may not by itself amount to an offence under the penal law but it was a relevant circumstance which could be taken into account by the detaining authority in reaching its subjective satisfaction.30. the mere fact, therefore, that all the details ..... expense of the health of the community.22. the above, we think, is too narrow a view. if it was intended to lay it down as an absolute proposition of law, that in no circumstances food, adulteration activity can be prejudicial to the maintenance of supplies and services essential to the community, we would, with respect, disapprove it as not enunciating .....Tag this Judgment!
Court : Rajasthan
Decided on : Jan-15-1974
Reported in : AIR1974Raj232
..... , kattil raman v. vadakke poduvath devaki, air 1969 ker 121. the contrary view taken in the cases cited by the learned counsel for the appellants does not lay down good law in view of the supreme court decision noted above.19. it is next contended that there is nothing to indicate on the record that symbolical possession was delivered to the ..... with some ulterior object of his own, and thereafter subsequently and as a second instalment asks for khas possession. the question is whether such a course is permissible under the law. i am of opinion that it is not.' this case came up for consideration by the supreme court in shew bux v. bengal breweries ltd., air 1961 sc 137. their .....Tag this Judgment!
Court : Delhi
Decided on : Oct-31-1974
Reported in : ILR1975Delhi332
..... a review of the finding by a court of appeal. we find there is force in this submission and so we are constrained to remit this ancient suit (which was instituted on 31st may, 1960) to the court of first instance after a lapse of about 14 years for decision of the ..... the irregularity was not corrected, it could in the case of the plaintiff stay the suit or if necessary reject his plaint as not fulfillling the requirement of law, but dismissal of the suit was clearly illegal and unwarranted. in all india reporter ltd. bombay v. ramchandra dhando datar, : air1961bom292 , a division ..... the plaintiff and is familiar with the relevant files or the facts alleged in the plaint then, he certainly is allowed by the aforesaid provisions of law to make a valid verification. as we have seen, the verification can be made from personal knowledge or on information received and believed to be true ..... , repelled the contention that deposition to the facts of the case could not be made from information believed. the court observed that the provision of law did not require actual personal knowledge on the part of the verifier and that the verifier could very well depose upon his opinion that he had ..... shall be verified by any person whom the government may so appoint and who is acquainted with the facts of the case.'(12) under the provision of law authority to sign and verify pleadings on their behalf has been conferred by various governments. vide statutory rules and order no. 351 dated 25th janaury, .....Tag this Judgment!
Court : Delhi
Decided on : Apr-12-1974
Reported in : (1975)ILLJ29Del
..... a step as a result of which legally enforceable rights may be affected.the position as i see it is that the exact limits of the ancient remedy by way of certiorari have never been and ought not to be specifically defined. they have varied from time to time being extended to ..... of the act would be satisfied only if the employer neither submitted the returns nor furnished the particulars nor maintained the registers or records required by law. it is equally difficult to hold that even after these returns, particulars, registers or records were submitted, furnished or maintained but did not conform ..... it how the employees' insurance court put this conclusion:it cannot be said that the petitioner has maintained any proper registers as required under the law and consequently it follows that absolutely no reliance can be placed upon these registers even if they have been produced and shown to the inspector of ..... , the employees' insurance court came to the conclusion that the appellant had failed to produce the necessary records or to maintain the records required by law and the statement made by p.w. 1 did not inspire confidence and that the corporation was in thecircumstancts, justified in making an ad hoc ..... that the assessment of the contribution made by the corporation on an ad hoc basis under section 45a of the act was not permissible in law because the appellant had requested the corporation on a number of occasions to inspect the records of the appellant but that the officials of the .....Tag this Judgment!