Court : Mumbai
Decided on : Oct-30-1974
Reported in : (1978)80BOMLR196
..... words of section 15a containing the non-obstinate clause and running as follows:notwithstanding anything contained elsewhere in this act or anything contrary in any other law for the time being in force, or in any contract,...were sufficient to override a consent decree as a consent decree is included in the ..... the consequences mentioned therein would follow the notification under section 3 notwithstanding anything contained in any contract, grant or document or in any other law for the time being in force. it was held by their lordships of the supreme court that a decree passed by a court would be ..... the division bench has further held that it is necessary to distinguish between decrees which are illegal and void and those that are contrary to law. the decrees falling in the latter category are binding between the parties unless they are set aside in proper proceedings. in that case the ..... been written; and to give effect to the intention as expressed, the expressed meaning being, for the purpose of interpretation, equivalent to the intention. see halsbury's laws of england, third edn., vol. 11, p. 382. reliance was placed by mr. mehta on the decision in kamla devi v. takhatmal :  ..... licence' shall be construed accordingly;section 15a runs as under:15a. (1) notwithstanding anything contained elsewhere in this act or anything contrary in any other law for the time being in force, or in any contract, where any person is on the 1st day of february 1973 in occupation of any premises, .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Oct-28-1974
Reported in : 1975CriLJ1605
..... was incapable of knowing the nature of his act of causing fatal injuries to pritam singh, or that he was doing what was either wrong or contrary to law. in my opinion, the salient facto and circumstances which stand proved on the file in this case from the prosecution as well as the defence evidence, furnish ..... then being of unsound mind, did not know the nature of the acts committed by him or that he was doing something which was either wrong or contrary to law. accordingly, the provisions of general exception, as embodied in section 84, penal code, can reasonably be invoked in the present case and, as such, the appellant ..... marriage with him and thereupon they both told shrimati daljit kaur that in the presence of his living wife satwant singh could not marry her in accordance with law. it is also stated by him that since shrimati daljit kaur was not willing to marry the appellant, so they told her not to worry any ..... by reason of unsoundness of mind, is incapable of knowing the nature of the act. or that he is doing what is either wrong or contrary to law.12-a. in order to make correct approach to the above problem, the first point to be considered is whether the appellant had any motive to kill ..... them to marry shrimati daljit kaur with him. the appellant insisted, but in order to put him off amar singh told the appellant that his other brother-in-law (wife's brother) would wait his village in a few days' time and that he would be in a position to talk further about the matter. after .....Tag this Judgment!
Court : Delhi
Decided on : May-06-1974
Reported in : ILR1974Delhi520
..... limited scope. in this connection, reference may usefully be made to the observations of the supreme court in rampur distillery company ltd. v. company law board and another : 2scr177 . in that case, the supreme court considered the nature of the satisfaction contemplated by section 326 of the ..... that it is necessary or expedient for exercising the said power. when the exercise of the power has been challenged in a court of law, the government has to show that such circumstances did exist, and that on a .consideration of those circumstances the government considered it necessary ..... s decision to re-introduce control from january 1, 1968, was neither based on extraneous considerations nor on insufficient grounds or mala fide in law. but purely due to the compulsion of the circumstances and to prevent misappropriations of the freight collections paid by the purchasers to which the ..... not honestly form its opinion, and that in forming it did not apply its mind to the relevant facts and thus acted with mala fides in law in promulgating the impugned cement control order, 1967.(17) in the counter affidavit of mr. g. ramanathan, under secretary, department of industrial development ..... separate order of the same date, granted certificate under article 132(1) of the constitution of india that the cases involved a substantial question of law as to the interpretation of the constitution. on the basis of the said certificates, he petitioners in the writ petitions filed appeals in the supreme .....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 : Supreme Court of India
Decided on : Mar-21-1974
Reported in : AIR1974SC1168; 1974CriLJ822; (1974)4SCC552; 3SCR725
m.h. beg, j.1. the state of punjab has obtained special leave to appeal against the judgment of the high court of punjab and haryana, acquitting the two respondents from charges under sections 302 and 302/34 indian penal code and under sections 307/34 indian penal code. the trial court had convicted the respondents under each of these two sections and sentenced hari singh to death under section 302 indian penal code and gian singh to life imprisonment under sections 302/34 i.p.c., and it had sentenced both to six years rigorous imprisonment and to pay a fine of rs. 2,000/-, and, in default of payment of fine, to undergo further rigorous imprisonment for two years under sections 307/34 i.p.c.2. the occurrence which gave rise to the prosecution of the two respondents together with two others, milkiat singh and dalip singh, who were acquitted by the trial court, took place during the night between 18th and 19th june, 1969. the victims, gian singh, deceased, and his nephew, zora singh, p.w. 3, cultivated lands jointly with bacban singh, p.w. 5, his son mukhtiar singh, his two brothers gian singh and sarwan singh, and, surjit singh, p.w. 4, and jagjit singh, the brothers of zora singh and sons of sarwan singh. all of them also lived together in village dhandri kalan. the respondents and the acquitted accused persons are brothers who also lived in village dhandn kalan in district ludhiana. it is said that there had been a fight between hari singh, respondent, and gian singh .....Tag this Judgment!
Court : Rajasthan
Decided on : Feb-11-1974
Reported in : 1974WLN324
..... is devoid of substance, because all the essential facts constituting the offences were set out in the sanction ex. p. 1. such a sanction is valid in the eye of law. it is only where the sanction on the face of it does not contain the facts constituting the offences charged that the prosecution is bound to adduce evidence that all ..... the reason. the entry ex. d 3 is, therefore, not free from suspicion. as stated earlier, these witnesses in their zea to save o p. mathur from the cluthes of law invented a false story that makhan lal had searched the pockets of the bush-shirt of the appellant for taking out a bunch of keys and that nothing was found .....Tag this Judgment!
Court : Karnataka
Decided on : Jul-31-1974
Reported in : AIR1975Kant5; ILR1974KAR1485; 1975(1)KarLJ79
..... hold an inquisition has had an opportunity to see the alleged lunatic and examine him as he thought fit in the circumstances. this clearly he was entitled to do in law before proceeding to hold the inquisition proper. it is only on availing himself of such an opportunity, he has opined thus:'i had privilege of observing the demeanour of this ..... high court at allahabad has referred to the enunciation of the lahore high court in the case mentioned hereunder as laying down the law correctly in such matters as the one on hand. the passage reads thus:'in mt. teka devi v. gopal das, air 1930 lah 2s9 = 122 ind cas 570, it was ..... had treated and referred to the person in question as mentally retarded.5. before proceeding to consider the matter further, it may be convenient to clear the ground regarding the law governing the matter. this is best done by a referenceto certain enunciations in the decisions relied on at the bar.6. in joshi ram krishan v. rukmini bai : air1949all449 , the .....Tag this Judgment!
Court : Mumbai
Decided on : Dec-05-1974
Reported in : 1976CriLJ135
..... 'snap' of the 'live link' in the other. it needs be emphasised that detention order in this case was passed immediately after the law to that effect was enacted.35. factual position in the cases decided by another division bench of our high court in criminal application no. 799 ..... unless such satisfaction is liable to be dubbed as perverse, capricious, arbitrary or malicious. question thus essentially is not so much of irrelevancy and law as of perversity or arbitrariness of the conclusions on facts. it is in this context that the observations of the supreme court, at page 901 ..... . restriction on commercial activities is generally resented to by all and concerned persons ordinarily do not understand the logic and philosophy behind such restrictive laws. such offenders do not suffer with any guilt-mania as such activities are not believed by them to be criminal or immoral as their ..... of assessment of the material in possession of the detaining authority is indeed left to the subjective satisfaction of the detaining authorities under the laws dealing with the preventive detention and it is not open for us to go behind these averments and recitals, unless from the impeachable evidence ..... .15. mr. mehta drew our attention to several cases to emphasise the court's duty to the citizen against the sweeping executive powers under the law of detention. the ratio of the leading cases can thus be summarised : (1) notwithstanding the guarantee of the fundamental rights, the constitution recognises .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Feb-18-1974
Reported in : AIR1974SC1980; 1974CriLJ1380; (1975)3SCC8
r.s. sarkaria, j.1. ily as, aged 16 years, has preferred this appeal by special leave against the judgment of the high court of allahabad whereby his conviction and sentence of life imprisonment under section 302/34, penal code was maintained.2. the facts are these : nithu singh of village bhainsi police station khatauli was a soilless old man of 70 years. he had two daughters, named smt. qabooli (p.w. 6) and smt. harphooli. smt. qabooli was residing with her father in this village for a few months preceding the occurrence in question. on the night between the 21st and 22nd january, 1968, nathu singh deceased was asleep in his dukarya (two-door room) while his daughter, smt. qabooli, was sleeping in the tethri of the house separated by a courtyard from the dukarya. at about 2 or 2-30 a.m. , she woke up on hearing a noise. she thought that their servant had come to take the cart. she called her servant by name. she at the same time saw one or two strangers moving inside the room. she raised an alarm, but, on account of fright recoiled into her apartment of the house. after about half an hour, she heard the voices of the villagers. reassured, she came out to the dukarya and found iiyas appellant and his co-accused mahabir in the custody of the witnesses.3. the alarm which she had raised earlier, had attracted the villagers, viz., gyan singh (p.w. i), ved singh (p.w. 9) and mangat singh (p.w. 5) and others to the house. these persons saw the appellant and his companions mahabir, .....Tag this Judgment!
Court : Karnataka
Decided on : Jul-10-1974
Reported in : AIR1975Kant179; ILR1975KAR25; 1975(1)KarLJ105
..... air 1937 mad 176 (kazi chettiar v. v. ramasami chettiar, firm) related to a claim of self-acquisition by a member of a joint hindu family. it was held that such a claim cannot be said to be a claim by a stranger asserting paramount title. hence it does not apply ..... partly irrelevant, or bases its decision partly on conjectures, surmises and suspicions and partly on evidence, then in such a situation clearly an issue of law arises; and that in such a case, it is well established that when a court of fact acts on material partly relevant and partly irrelevant ..... of paramount title in a mortgage suit. the nine principles stated in : air1970ap153 , represent, in my opinion, the correct statement of the position of law. i may also add that under order 1, rule 13 of the code of civil procedure, unless the objection with regard to misjoinder has been ..... air1961pat28 (aneshwar prasad v. misri lall) wherein, it has been held that where the defendants were trespassers in possession of the mortgaged properties without any lawful title, the decree for redemption obtained by the plaintiff would become infructuous and that in such a case it is desirable that such defendants should be ..... upon that issue, neither party can afterwards say that the issue was irrelevant. in : air1970ap153 (r. veeraswamy v. r. jangammayya) the position of law on the question whether the persons claiming paramount title independently but not through the mortgagor or mortgagee can be called necessary or proper parties to a suit .....Tag this Judgment!