Court : Supreme Court of India
Decided on : Oct-09-1974
Reported in : AIR1974SC2346; (1975)1SCC6; 2SCR364; 1974(6)LC660(SC)
a. alagiriswami, j.1. one h.t. vora and another g. j. mehta formed a partnership under the name of exen industries and were manufacturing fountain pens. in december 1963 the partnership was dissolved and vora took in another partner and continued the industry under the original name of exen industries. mehta started another business also of manufacturing fountain pens under the name of premier products. under the deed of dissolution of partnership all the machineries and other assets were equally divided between the two partners and vora was also given the benefit of all the existing import licences as well as application? for import licences then pending. thereafter the respondent firms new exen industries applied for import licences for necessary raw materials and were granted 50 per cent of what the original exen industries were getting. thereupon the respondent firm filed a writ petition out of which this appeal arises. a division bench of the delhi high court allowed the writ petition and quashed the order of the government dated 3rd december, 1965 and directed the appellants, who were respondents in the writ petition, to consider the claim of the respondent (who will hereafter be called the petitioner) on the basis of its own production and not on the basis that the production of m/s. exen industries was divided between the petitioner and shri mehta in december 1963. the petitioner's case was that his actual production was the same as before the dissolution as the .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Dec-03-1974
Reported in : AIR1975SC283; (1975)4SCC417; 1975(7)LC31(SC)
..... the counting, is not tantamount to a statement of the 'grounds' within the contemplation of rule 63(2). the application was thus not a proper application in the eye of law. it was not supplemented even by an antecedent or contemporaneous oral statement of the author or any of his agents with regard to any irregularities in the counting. it was ..... make out a prima facie case for a recount.44. since the pronouncement of this court in ram sewak yadav v. hussain kamal kidwai and ors. (1) it is settled law that sections 100(1)(d)(iii). 101, 102 of the act and rule 93 of the conduct of election rules, 1961 implicitly give the court trying an election petition the .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Aug-28-1974
Reported in : AIR1975SC43; (1975)1SCC76; 1SCR918
..... to speculative opinion as to what the legislature would probably have meant, although there has been an omission to enact it. in a court of law or equity, what the legislature intended to be done or not to be done can only be legitimately ascertained from what it has chosen to enact ..... requirements, free elections where there is honest competition for votes. the election process must, therefore, remain pure and unsullied and it has been the endeavour of our law makers to secure this by making various provisions in the representation of the people act, 1951. section 123, sub-section (1) (a) is one such provision ..... a case like this where corrupt practice is sought to be established on the testimony of the truck driver, who was functioning in defiance of the law, we should remember that there is great likelihood of evidence being purchased at small cost so as to upset the whole election. it is an ..... regard to the history of legislation with regard to the expression 'withdrawal of candidature' which was unfortunately not brought to the notice of the court, the law as laid down is not quite correct. one of us (bhagwati, j) has shown separately how that view is not really sustainable. we are ..... at seman from village bedwa where there was no polling station.5. in the present appeal the appellant has challenged these findings both on facts and law.6. raj singh, the defeated candidate, who is the principal contestant before us, has not only supported the above findings of the learned judge but .....Tag this Judgment!
Court : Mumbai
Decided on : Feb-07-1974
Reported in : AIR1975Bom205; (1975)77BOMLR533
..... or on behalf of the committee, while owning such share or interest. as the object of the present act is to unity, consolidate and amend the law relating to municipalities prevailing in different parts of the state of maharashtra prior to reorganisation of states (sic) were considered and provisions of sec.16(1 ..... such challenge, then the election will be declared void with the result that even though the returned candidate was declared as successful candidate, he in law at no time became a councillor as such, while under section 44 until a declaration is made that the councillor s disqualified and is disabled ..... away the right of a voter to challenge the validity of election of a returned candidate on such grounds as are permissible to him in law. the fact that a candidate is not disqualified is one of the necessary qualifications before he can file his nomination paper. now a voter can ..... be challenged. in the absence of such limitation, the election, co-option or nomination of any councillor can be challenged on any ground which s permissible under law for challenging the validity of such k election, co-option or nomination. reference was, however, made by mr. deshpande to sub-section (10) and ..... government of maharashtra to advise it on the after consideration the report of the said committee it was considered expedient to unity, consolidate and amend the law relating to municipalities in the state.8. the word 'councillor' is defined in section 2(7) and it means a person who is duly .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Sep-18-1974
Reported in : AIR1975P& H115
..... candidates who were declared elected as panches in one single election by calling the same in question in a single election petition. in view of the law laid down by the supreme court in vashist narain sharma's case air 1954 sc 513 and surendra nath khosla's case air 1957 sc 242 ( ..... judgment of this court (suri, j. as he then was) in parbhu v. illaqa magistrate (prescribed authority). mohindergarh, 1973 pun lj 105, was concerned with the law laid down in mange ram's case 1972 pun lj 405 = (air 1973 punj 142) which, as already stated, relates to the question of mis-joinder of parties ..... process of election, and it is the elected panches who (after the statutory co-option if any) proceed to elect their sarpanch out of themselves. the law laid down in this respect in a punjab case cannot, therefore be cited as an authority for the applicability of the same proposition to a haryana case, ..... supra). the facts and circumstances of that case are, however, entirely different and have practically nothing in common with the facts of the present case. the law laid down therein has obviously no application to the present dispute. while posing the question which called for decision in that case in the opening part of ..... main ground is concerned, it was sought to be argued before my learned brother by mr. surinder sarup, learned counsel for respondent no. 3, that the law laid down by me in amrik singh's case air 1966 punj 344 (supra) deserved to be reconsidered by a larger bench in view of what had .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jan-14-1974
Reported in : AIR1974SC765; 1974CriLJ660; (1974)4SCC218; 1974(6)LC159(SC)
..... the special judge and confirmed the conviction and sentence passed against the appellant.4. the learned counsel appearing on behalf of the appellant in this appeal raised two contentions of law for our consideration. the first contention he urged was that the sanction given by the deputy commissioner, kangra at dharamshala for the prosecution of the appellant was not a valid ..... the appellant in cross-examination. the sanction given by the deputy commissioner, kangra at dharamsala cannot, therefore, now be allowed to be challenged as invalid.5. the second contention of law advanced on behalf of the appellant was that the investigation in the present case was carried out by kumar who was an assistant superintendent of police below the rank of .....Tag this Judgment!
Court : Allahabad
Decided on : Apr-10-1974
Reported in : 1974CriLJ962
..... subordinate court on its own motion and that it merely confers a power on the court of which the contempt is committed and on the principal law officer of the government concerned also to move the court for punishing such a contempt.26. the result, therefore, is that the contention raised ..... legislature, therefore enacted section 15(2) merely to confer that power on the court of which the contempt is committed as also on the principal law officer of the government.23. a reference was made by learned counsel for the opposite party to article 225 of the constitution and urged that ..... 1972]2scr838 it was observed:it is settled law that where two constructions of a legislative provision are possible, one consistent with the constitutionality of the measure impugned and the other offending the same, the ..... to interpret statutory provisions, unless compelled by their language, in such a manner as would involve its constitutionality because the legislature is presumed to enact a law which does not contravene or violate the constitutional provision.21. in case state of m. p. v. chhota bhai jetha bhai and co. : [ ..... . despite, it, however, the court cannot suo motu take action to punish contempt unless the court concerned makes a reference or any of the law officers specified in that section make such a reference.taking another illustration, contempt of the grossest type may be committed by a presiding officer of a .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Feb-14-1974
Reported in : 1974CriLJ1424
..... apparently against his contention in effect it is not so. he endeavours to take advantage of the observation that the object of section 167 is that the law does not favour detention in police custody except in special cases and that also for reasons to be stated by the magistrate in writing. so he ..... that such a person should be brought before a magistrate with as little delay as possible. the object of the section is two-fold, one that the law does not favour detention in police custody except in special cases and that also for reasons to be stated by the magistrate in writing, and secondly, ..... not recognised in a court under section 344 to entrust the accused to police custody if it becomes necessary.17. we may now refer to the case law which has a material bearing on this question. though many decisions are cited before us, we propose to deal only with such of those which we ..... 167 exceed twenty four hours exclusive of the time necessary for the journey from the place of arrest to the magistrate's court.the fact that the law, as stated by the code, requires that a person arrested without warrant should be produced before a magistrate at the earliest possible moment after the arrest, ..... . this criminal revision case has boon placed before us in a division bench on a reference made by our learned brother mukhtadar, j. the question of law that arises in the case and which has been argued before us at great length is whether the court has power and discretion, while remanding the accused .....Tag this Judgment!
Court : Rajasthan
Decided on : Jan-04-1974
Reported in : AIR1975Raj40; 1974(7)WLN63
..... that actual temporal loss must be alleged with certainty and precision in all cases of the kind. they further pointed out that it is also an ancient and established rule of pleading that the question of generality of pleading must depend on the general subject-matter. a number of cases were referred to ..... from particular customers or persons, then that may fall under the category of a special damage. 19. here i revert to para 224 from halsbury's laws of england already extracted in full. learned counsel argued that the present case falls in the category of examples of special damage given in this para, ..... other hand is damage of such a kind that it will not be presumed by law and must therefore be explicitly alleged in the pleadings so that the defendant may have due notice of the nature of the claim, otherwise the plaintiff ..... of some kind, be it in reputation or otherwise. but it is recognised on all hands that general damage is a kind of damage which the law presumes to follow from the wrong complained of and which, therefore, need not be expressly set out in the plaintiff's pleadings. special damage on the ..... and where there is no presumption in the plaintiff's favour, he can only show this by giving evidence of some special damage. 8. according to salmond on the law of torts (15th edition,) damages are classified in several ways; (i) nominal or real, fii) real damages, (iii) general or special damages: (iv) compensatory, .....Tag this Judgment!
Court : Delhi
Decided on : Jun-06-1974
Reported in : ILR1975Delhi737
..... where the award set out relevant words and clause 30 of the contract and also the conclusion of law on the meaning of those words. lord russell said that since the award recited the contract and referred in terms to the provisions of clause 30 thereby ..... one. the court cannot start on a voyage of discovery to find out the reasons which weighed with the arbitrator. this will be an impossible thing nor does the law sanction it. (27) f. r. absalom limited v. great western (london) garden village society, limited, (1933) a.c. 592 is a case in point ..... dunedin in his classic judgment in champsey bhara & co. v. jivraj balloo spinning & weaving co., ltd., air 1923 pc 66 (2) he said : 'anerror of law on the face of the award means, in their lordships' view, that you can find in the award, or a document actually incorporated thereto, as for instance, a ..... ltd. (1953) 2 lloyd's rep. 427. on incorporation of contracts denning lj said this : 'i have a strong suspicion that the arbitrators went wrong in law, but we arc not able to say so without looking at the contract, because the terms of the contract may very the ordinary legal rights and implications. the difficulty ..... 1.has the arbitrator failed to decide the matters in controversy between the parties which were referred to arbitration 2. does the award contain an apparent error of law with regard to the interpretation of clause 18(d) i and ii read with clauses 18(1) & (m) in the schedule to the acceptance of tender .....Tag this Judgment!