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Judgment Search Results Home > Cases Phrase: ancient hindu law Year: 1974 Page 5 of about 171 results (0.136 seconds)

Dec 12 1974 (SC)

Firm of Pratapchand Nopaji Vs. Firm of Kotrike Venkata Setty and Sons ...

Court : Supreme Court of India

Decided on : Dec-12-1974

Reported in : AIR1975SC1223; (1975)2SCC208; [1975]3SCR1

..... comprehensive and that in india, particularly after independence, its content should be measured having regard to political, social and economic policies of a welfare state, and the traditions of this ancient country reflected srutis, smritis and nibandas. before adverting to the argument of the learned counsel, it would be convenient at the outset to as certain the meaning of this concept ..... . their violation is a criminal offence. a claim for indemnification, under section 222 contract act, is only maintainable if the acts, which the agent is employed to do, are lawful. agreements to commit criminal acts are expressly and specifically excluded, by section 224 of the contract act, from the scope of any right to an indemnity. these appeals are, therefore ..... , of different judges, that it forms a treacherous and unstable ground for legal decision.... these questions have agitated the courts in the past, but the present state of the law would appear to be reasonably clear. two observations may be made with some degree of assurance.first, although the rules already established by precedent must be moulded to fit the ..... which the partnership was formed was held to involve wagering. the position was thus summarised there (at p. 431) :the aforesaid discussion yields the following results :(1) under the common law of england a contract of wager is valid and therefore both the; primary contract as well as the collateral agreement in respect thereof are enforceable; (2) after the enactment 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 : AIR1974SC521; (1974)1SCC683; [1974]3SCR294; 1974(6)LC190(SC)

..... the 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 1884, when ..... and a taxing statute or provision has to be construed strictly on its plain meaning where possible. similarly who so ever 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 tax ..... 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 arc exceptions within exceptions in section 83 itself with a proviso and ..... of which is used exclusively for charitable purposes. x x x x9. the word 'choultry' is not defined in the act. the word 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'8. mr. natesan, learned counsel for the appellant, submits that the plaintiff cannot in law claim exemption under section 83(1)fb) of the act. we may, therefore, read the material provisions in the section with which we are concerned: .....

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Jul 24 1974 (HC)

Shri Ram Nath and anr. Vs. the Union Territory of Chandigarh and ors.

Court : Punjab and Haryana

Decided on : Jul-24-1974

Reported in : AIR1975P& H138

..... the performance of its duty, and to decide the question of legality of the statute on that basis. tt was emphasised that the validity of the law cannot be contested because of ian apprehension of its abuse. again in the state of orissa v. harinarayan jaiswal, air 1972 sc 1816, it was ..... mr. sibal may be, it has to commend itself to the rule making authorities, and it is beyond jthe jurisdiction of this court to change the law even slightly and even for the better by any process of interpretation. i would, therefore, hold that the proviso empowers the presiding officer of an auction ..... and even when he forms an opinion that the bidding is excessively high, he may or may not make the announcement in question. though it is settled law that neither the mere use of the word 'may'' indicates that the provision is directory, nor the mere use of the word 'shall' leads to ..... also indicated in almost imperative language, the provision requiring the deposit of tbe whole amount is in my opinion nevertheless merely directory as (a) no rule or law invalidates an auction held in violation of the requirements of the proviso; (b) the auction bidders have no control over the presiding officer; and (c) strict ..... question here is whether the provisions of article 199(4) must be read as imperative or merely directory. the distinction between a mandatory provision of law and that which is merely directory is this that in a mandatory provision there is an implied prohibition to do the act in any other manner .....

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Apr 05 1974 (HC)

The Superintendent, Central Excise Vs. V.A. Radha Krishna Setty

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 .....

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Feb 21 1974 (SC)

Bava Hajee Hamsa and ors. Vs. State of Kerala

Court : Supreme Court of India

Decided on : Feb-21-1974

Reported in : AIR1974SC902; 1974CriLJ755; (1974)4SCC479

..... this court. recently in bhim singh v. state of maharashtra : [1974]1scr793 a bench of this court, to which one of us (beg j.) was a party, summed up the law on the point thus:the age-old controversy with regard to the width and scope of the powers of the appellate court in an appeal against an order of acquittal .....

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Feb 06 1974 (HC)

Jayantilal Mohanlal Patel Vs. Eric Renison and anr.

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 .....

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Mar 15 1974 (SC)

Golam HussaIn Alias Gama Vs. the Commissioner of Police Calcutta and o ...

Court : Supreme Court of India

Decided on : Mar-15-1974

Reported in : AIR1974SC1336; 1974CriLJ938; (1974)4SCC530; [1974]3SCR613

..... up public order. but a drunk with a drawn knife chasing a woman in a public street and all women running in panic, a hindu or muslim in a crowded place at a time of communal tension throwing a bomb at a personal enemy of the other religion and 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-emphasized. there will be no social security without ..... furnish an adequate reason for invading the personal liberty of a citizen, except in accordance with the procedure established b; the constitution and the laws. the hisiory of personal liberty largely the history of insistence on observance of procedure.observance of procedure has been the bastion against wanton assaults on ..... date was writ large in all the opinions. after all civil liberty ordinarily ends where detention without trial begins and commitment to the rule of law receives a rude shock where a permanent statute authorises long term gaol confinement. that is why courts have been strict even on procedural steps. ..... violative of section 12 of the act. we may reproduce the relevant provisions which are of ancient vintage, being wholly or substantially in pari materia with earlier corresponding preventive detention sections. nor is the position of law canvassed for res integra. section 12 and 13 of the maintenance of internal security act, .....

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Sep 30 1974 (HC)

Ramjilal Vs. Ramkishan

Court : Rajasthan

Decided on : Sep-30-1974

Reported in : AIR1975Raj167; 1974(7)WLN919

..... the intendment of the legislature and to give effect to it. as mentioned earlier, that in our state, there is nothing in the rajasthan law corresponding to the notification as issued in punjab making section 13 of the punjab act inapplicable to the decrees for ejectment of tenants in possession with ..... become applicable. section 13 will come into play. from the plain reading of section 13 it is absolutely clear that notwithstanding anything contained in any law or contract, no court shall pass any decree in favour of a landlord whether in execution of a decree or otherwise for the purpose of ..... rajasthan act, we would here reproduce the relevant part of section 13, which is as under :--'eviction of tenant-- (1) notwithstanding anything contained in any law or contract, no court shall pass any decree, or make any order, in favour of a landlord, whether in execution of a decree or otherwise, ..... of exemption of buildings from the operation of section 13 was to give landlords the rights which as owners of buildings they had under the ordinary law, namely, to give them on lease at rents which thev thought were remunerative and to evict tenants during that period without any fetters imposed by ..... of the completion of the construction of the shop. according to his contention, the plaintiff's suit could not have been dismissed, and under the ordinary law of the land, the tenant was liable to be evicted. section 2 read as follows:'section 2. extent, commencement and application-- (1) this act .....

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Jul 19 1974 (HC)

R. Lingaraj and ors. Vs. Parvathi

Court : Chennai

Decided on : Jul-19-1974

Reported in : AIR1975Mad285

..... one who is totally unsuited to manage himself and his affairs and such incompeteney is directly referable and attributable to the incapacity of his mind. having thus dealt with the law on this aspect of the matter, i shall now revert to a factual consideration of the state of the mind of r.w. 1 with reference to his examination before ..... had been produced, it is doubtful if the conclusion arrived at by p.w. 1 regarding the sanity of r.w. 1 can secure forthright acceptance in a court of law. all that p.w. 1 has stated in her evidence is that she noted the general behaviour of r.w. 1, how he conducted himself and how he answered questions ..... holding an inquisition under the act. consequently, the appeal was allowed and ganesan, j. remitted the matter to the learned district judge for fresh disposal of the case according to law.5. in the enquiry held subsequent to the order of remand, the district judge examined lingaraj on 25-3-1972 and madethe following order:'adjournment prayed for on behalf of .....

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Apr 30 1974 (SC)

Chief Commissioner, Delhi and ors. Vs. Federation of Indian Chambers o ...

Court : Supreme Court of India

Decided on : Apr-30-1974

Reported in : AIR1974SC1527; [1974(29)FLR207]; 1974LabIC1004; (1974)IILLJ271SC; (1975)3SCC64; [1975]1SCR348; 1974(6)LC417(SC)

..... the interpretation of the expression 'trade or business' in section 11 of the english customs and inland revenue act 1885 with reference to the activity of the incorporated council of law reporting for england and wales. the association was established for the objects of preparing and publishing under gratuitous professional control, reports of judicial decisions; of issuing digests and other publications ..... . (emphasis added)19. the answer given to this question has been correctly summed up in the head-note of the report, as under:the above being the position in law the were fact that the appellant federation had charitable aims and objects would not take it out of the definition of industry. an examination of the activities of the federation ..... in issue in r.k. mittal's case. therein, the memorandum of association, articles of association and the other material placed before the court were closely examined. the entire case law was surveyed. the contentions now canvassed were also raised and considered in that case. jagnmohan reddy j. speaking for the court, posed the question for decision thus :in our ..... mentioned above.(d) to collect and disseminate statistical and other information and to make effort for the spread of commercial and economic knowledge.(e) to take all steps by lawful means which may be necessary for promoting supporting or opposing legislation or other action affecting the aforesaid economic interests and in general to take the initiative to assist and promote .....

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