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Judgment Search Results Home > Cases Phrase: ancient hindu law Year: 1974 Page 8 of about 171 results (0.063 seconds)

Dec 12 1974 (HC)

Smt. Fatmabai Abdulkadar W/O Abdul Kadar Abdul Raheman Vs. Shyamal Gho ...

Court : Gujarat

Decided on : Dec-12-1974

Reported in : (1975)16GLR846

..... the entire record of the case which was before it. that is the least the court can do to ensure observance of the requirements of law by the detaining authority.relying upon these observations, the learned government pleader contended that we must see the record which is submitted by him ..... .the same view is thereafter taken in niranjansingh v. state of m.p. : [1973]1scr691 .20. in view of this settled position of law, the contention of shri nanavati that the government is not bound to consider the representation of the detenu till the same is considered by the advisory ..... the state of west bengal : 1969crilj1446 , ramaswami, j., speaking for the court has in this connection observed as under:a person detained under a law of preventive detention has a right to obtain information as to the grounds of detention and has also the right to make a representation protesting against an ..... v. superintendent, central prison : air1954all315 that the high court has no concern with the proceedings of the advisory board and that the fact that law has provided an advisory board for advising on cases of preventive detention, does not mean that the right of the high court to grant a ..... given an 'earliest opportunity' of making a representation against the order of detention to the appropriate government. these are the two barest safeguards which the law contemplates in case of every detenu. the invocation of section 16a does not and cannot do away with any of these two safeguards, because, section 16a .....

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Oct 17 1974 (HC)

Bankatlal Vs. State of Rajasthan

Court : Rajasthan

Decided on : Oct-17-1974

Reported in : 1974WLN866

..... 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.25. the mere fact, that all the details of ..... the expense of the health of the community.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 main enhance of supplies and services essential to the community we would, with respect, disapprove it as not .....

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Sep 12 1974 (SC)

The Godhra Electricity Co. Ltd. and anr. Vs. the State of Gujarat and ...

Court : Supreme Court of India

Decided on : Sep-12-1974

Reported in : AIR1975SC32; (1975)1SCC199; [1975]2SCR42; 1974(6)LC630(SC)

..... under a deed, i can at best tell you only what you think that deed means. moreover, sir edward sugdan was expressly dealing with 'ancient instruments'. i would add thirdly, that the practical difficulties involved in admitting subsequent conduct as an aid to interpretation are only marginally, if at all ..... be required to sell the undertaking without payment of the purchase price at the time of delivery of the undertaking or without a provision in law for payment of interest on the purchase price during the period when payment is withheld, there would be no valid termination of the licence ..... interest on the purchase price.25. the position therefore, is that although the state electricity board is liable to pay interest under the general law for the period during which the licensee has not been paid the purchase price, the arbitrator, functioning as he does, under the provisions of ..... date of its payment is implicit in section 7a or at any rate the arbitrator functioning under that section is bound, under the common law of the land to award interest for the period during which the arbitration proceedings were pending.23. an arbitrator appointed under the section to ..... of the contractual intentions are admissible guides to interpretation.... in italy, article 362(2) provides in impressively succinct language:.... the vienna convention on the law of treaties of 1969 (which to a large extent merely codifies earlier international practice) enjoins the interpreter of a treaty to take into account .....

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Apr 10 1974 (SC)

State of Himachal Pradesh and anr. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Decided on : Apr-10-1974

Reported in : AIR1974SC1276; 1974LabIC980; (1975)3SCC58; [1974]3SCR907

a.n. ray, c.j.1. these two appeals are by certificate from the common judgment dated 10 august, 1971 of the high court of himachal pradesh.2. the state and the taxation commissioner, himachal pradesh are the appellants its civil appeal no. 1324 of 1972. the ten appellants in civil appeal no. 2648 of 1972 are taxation inspectors of the former state of punjab. they were allocated to himachal pradesh because of reorganisation of the state of punjab. the first seven appellants were confirmed as taxation inspectors. the other three appellants were taxation inspectors but were not confirmed in that post.3. the appellants in the former state of punjab were sub inspectors of taxation. on 1 april. 196o the appellants were upgraded from the post of sub-inspectors to inspectors of taxation. when the appellants were allocated to himachal pradesh on the appointed day on 1 november, 1966 they were inspectors of taxation. the respondents were excise sub-inspectors in himachal pradesh on the appointed day. the respondents were upgraded from the position of excise inspectors to inspectors with effect from 1 may, 1969. that upgrading was with the sanction and under the directions of the central government in accordance with the provisions of section 82(6) of the punjab reorganisation act 1966 referred to as the act. on 29 may, 1971 the state of himachal pradesh by an executive decision changed the date of upgrading of the respondents from 1 may, 1969 to 1 april, 1966. this upgrading was done .....

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Feb 08 1974 (SC)

Bhut Nath Mete Vs. the State of West Bengal

Court : Supreme Court of India

Decided on : Feb-08-1974

Reported in : AIR1974SC806; 1974CriLJ690; (1974)1SCC645; [1974]3SCR315

..... magistrate of the detainees dangerous behavior must be well-grounded, even if impervious to judicial probe. we cannot dismiss accidental that in this area of the law, in two leading cases two judges, bose. j., and bhagwathy. j., have referred to the bestille nor that we express our approbation of its ..... because power in the minimies of government can be of an encroaching nature'. reference was made at the bar in this context to alien's 'law and orders'. and markose's 'judicial control of administrative action'25. in the petitioner's case the gravamen of his grievance is that some ..... absence of any grounds whatever for the subjective satisfaction of the president, heavy as it is, has hardly been discharged. academic exercises in constitutional law are not for courts but jurists and we decline to hold the continuance of emergency void.19. nor are we impressed with the argument that ..... subsequent continuation in incarceration.7. we have now to see what the grounds of challenge arc and the sustainability thereof in the eye of the law and the constitution.8. before getting to grips with the contentions we may indicate the constitutional dimensions of the freedom of which the judges are ..... and services essential to the community the direction for detention under section 3 of the act was being made, impeccably adhering to the mantra of the law. the grounds which induced he authority's satisfaction were concomitantly furnished as required by section 6(1), read with section 3(2) of the act .....

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Jan 25 1974 (HC)

Dasappa Vs. State of Karnataka

Court : Karnataka

Decided on : Jan-25-1974

Reported in : 1975CriLJ1613

..... person has no permanent house. many an honest man may find himself in either predicament. in our country where there are workless people and casual labourers, if it were the law that such persona are to be exposed to proceedings under section 109(b) merely because they cannot give satisfactory account of the manner in which they are eking out their .....

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Aug 06 1974 (HC)

Motilal Srinivasa Sarda Vs. the Netha Co-operative Spinning Mills Ltd.

Court : Andhra Pradesh

Decided on : Aug-06-1974

Reported in : AIR1975AP169

..... the following passage:'it was settled in scotland in 1843 and has been the law in scotland and england that:--if one party to a contract repudiates it in the sense of making it clear to the other party that he refused or will refuse ..... and that therefore the plaintiff is entitled to damages.15. in ramier and bros. v. ramudu, air 1933 mad 176 at d. 178. it was observed:'in these cirsumstances, the law seems clear as laid down in frost v. knight, 41 lj ex 78:the promisee may treat the notice of intention (to renounce) as inoperative and await the time when ..... pointed out by their lordships that though the case before the house of lords was a scotish case, the law of scotland was not different on the matter from the english law and that the indian contract act closely followed the english common law in that matter.17. in pollock and mulla's indian contract act, ix edition at page 347. we find .....

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May 03 1974 (SC)

Chandrakant Ganpat Sovitkar and anr. Vs. State of Maharashtra

Court : Supreme Court of India

Decided on : May-03-1974

Reported in : AIR1974SC1290; 1974CriLJ1044; (1975)3SCC16

p. jaganmohan reddy, j.1.these appeals are by special leave against the judgment of the bombay high court confirming the conviction and sentence passed on rajendraprasad devidas mishra a-1 and raghunandan trivedi a-2 under section 161 read with section 34, i.p.c. and section 5(2) read with section 5(1)(d) of the prevention of corruption act. a-1 was also convicted under section 212, i.p.c. the two accused, along with chandrakant ganpat sovitkar a-3, were tried for offences under sections 120-b, 161,201, 212, 217, 218, i.p.c. and section 5(2) read with section 5(1)(d) of the prevention of corruption act, but a-3 was acquitted of all the charges and a-1 and a-2 were convicted and sentenced as aforesaid. a-1 was also convicted by the trial court under section 218, i.p.c. but his conviction and sentence under that section was set aside. the high court in an appeal against acquittal of a-3, partly allowed the appeal and convicted him for offences under section 161 read with section 34, i.p.c. and section 5(2) read with section 5(1)(d) of the prevention of corruption act and sentenced him to suffer one year's rigorous imprisonment on that account. the state appeal against a-3 in regard to other offences was dismissed.2. the prosecution case is that a-1 who was inspector of excise and a-2 who was sub-inspector of excise were both posted at indore. they received certain information that truck no. m. p. e.-5948 was carrying opium from upper india to hyderabad. on receipt of this .....

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Mar 13 1974 (HC)

Gulab Singh Vs. State of Rajasthan

Court : Rajasthan

Decided on : Mar-13-1974

Reported in : 1975CriLJ695; 1974(7)WLN168

v.p. tyagi, j.1. appellant gulab singh along with five other persons was tried by the additional sessions judge no. 2, jodhpur, for the murder of lai singh, but the learned judge acquitted all other accused persons except gulab singh who has been convicted under section 302, indian penal code and sentenced to imprisonment for life. it is against this judgment of the learned additional sessions judge dated 5th march, 1973, that the present appeal has been preferred by the appellant.2. the prosecution story, as revealed by the eye-witnesses omprakash

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Sep 20 1974 (HC)

Rayavarapu Koteswararao and ors. Vs. State of Andhra Pradesh and ors.

Court : Andhra Pradesh

Decided on : Sep-20-1974

Reported in : 1975CriLJ754

..... agreed with the superintendent of police and the district collector in the recommendation that the quartering of punitive police force was 'absolutely essential for maintaining law and order in the village' as 'the village is in a disturbed state and the feelings are becoming acute day by day.' he, therefore ..... the inhabitants of the village. subsection (1) does not contemplate giving any such notice. it should always be borne in mind that maintenance of law and order and public order as well, are the primary functions and duties of the state. the state can function only through its officers. ..... appears that the principal contention . urged before the learned. single judge is that there was a denial of equal opportunity and equal protection of laws to the petitioners and, there was no reason to exempt the members of the opposite faction from payment of the tax. the learned judge pointed ..... and the other 12 factionists were responsible for the disturbed state of the village and they were squarely responsible for stationing punitive force to maintain law and order, which is the primary responsibility of the state. the apportionment was made on the basis of the property owned by them. so ..... . because of its political affiliation the reddi community was backed up with political executive and police force. being thus situated, the reddi community took law into their hands and had been committing several acts of violence resulting in number of criminal cases. one of them came up to this court .....

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