Skip to content


Judgment Search Results Home > Cases Phrase: income tax act Year: 1968 Page 65 of about 650 results (0.088 seconds)

Aug 22 1968 (HC)

Mohamed Haneefa Vs. Mariam Bi

Court : Chennai

Decided on : Aug-22-1968

Reported in : AIR1969Mad414; 1969CriLJ1412; (1969)1MLJ97

..... learned counsel. so far as the quantum of maintenance is concerned. i am of the view, taking into consideration the circumstances of the case, the status of theparties and the income of the revisionpetitioner, that the monthly maintenanceof rs. 40 awarded by the lower court isexcessive. i therefore, reduce the maintenance to rs. 20 per month which willtake effect from the ..... case, the judicial commissioner has assumed that a discrimination is made in the proviso between the hindus governed by the hindu married women's right to separate residence and maintenance act and the muslims governed by their personal law and justifies such discrimination on the basis of reasonable classification based upon the outlook of persons belonging to the two communities. as ..... remarriage, is not prevented from claiming maintenance under subsection (1) of section 488, criminal p. c. the second proviso to section 488 (3), criminal p. c. has been introduced by act 9 of 1949 making it a just ground for a wife to refuse to live with her husband if he contracts a second marriage. on this point, i respectfully agree ..... not find any substance in it. it is true that the proviso to section 488 (3), criminal p. c., was introduced by act 9 of 1949 subsequent to the hindu married women's right to separate residence and maintenance act coming into force, by virtue of which, the first wife is entitled to claim separate maintenance when her husband takes a second .....

Tag this Judgment!

Mar 04 1968 (FN)

Albrecht Vs. Herald Co.

Court : US Supreme Court

Decided on : Mar-04-1968

..... [ footnote 3/1 ] see elman, "petrified opinions" and competitive realities, 66 col.l.rev. 625, 633 (1966). [ footnote 3/2 ] because the major portion of the respondent's income derives from advertising, rather than from sales to distributors, the respondent's self-interest is in keeping the retail price of the paper low in order to increase circulation and ..... . while i entirely agree with the views expressed by my brother stewart and have joined his dissenting opinion, the court's disregard of certain economic considerations underlying the sherman act warrants additional comment. i the practice of setting genuine price "ceilings," that is maximum prices, differs from the practice of fixing minimum prices, and no accumulation of pronouncements ..... business relations under state law, but this count was dismissed before trial. [ footnote 6 ] petitioner's original complaint broadly asserted an illegal combination under 1 of the sherman act. under parke, davis, petitioner could have claimed a combination between respondent and himself, at least as of the day he unwillingly complied with respondent's advertised price. likewise, ..... adhered to the suggested price. petitioner filed a treble damage complaint which, as later amended, charged a combination in restraint of trade in violation of 1 of the sherman act, between respondent, petitioner's customers, milne, and kroner. petitioner's appointment as carrier was terminated, and petitioner sold his route. the jury found for respondent and the .....

Tag this Judgment!

Dec 20 1968 (HC)

B.R. Venkatachalapathi Vs. the Commissioner, H.R. and C.E. (Admn.) Dep ...

Court : Chennai

Decided on : Dec-20-1968

Reported in : (1969)1MLJ437

..... a trustee only by being disqualified under any of the clauses in section 26 of the act. section 46 of the act provides that the commissioner shall publish a list of the religious institutions whose annual income calculated for the purposes of the levy of contribution under section 92 is not less than twenty ..... the temple staff. all these allegations are vehemently denied by the learned counsel for the 6th respondent. whether the 6th respondent is guilty of any acts which would render him not a fit person to be appointed as a trustee or whether these allegations were made by parties who are inimically disposed ..... into the records, he would have found that the 6th respondent was not a person fit to be appointed as a trustee. he listed several acts of the 6th respondent, which, according to him would disqualify the 6th respondent from being appointed as a trustee. he instanced the fact that the ..... only have to be read to reject this contention, for the sub-section excepts the temples included in the list published under section 46 of the act. the commissioner, shall therefore have to call for applications for filling up the post of trustees in the listed temples coming within his jurisdiction and the ..... of fresh trustees were called for by the commissioner, and the appointment of fresh trustees was made on 16th november, 1968. section 49 of the act provides that the provisions of sub-section (3) of section 47 shall apply to the trustee or trustees appointed by the area committee, as they .....

Tag this Judgment!

May 20 1968 (FN)

American Fed'n of Musicians Vs. Carroll

Court : US Supreme Court

Decided on : May-20-1968

..... s. 657 , 381 u. s. 663 (1965): "if the umw in this case, in order to protect its wage scale by maintaining employer income, had presented a set of prices at which the mine operators would be required to sell their coal, the union and the employers who happened to ..... believe that this constitutes an economic interrelationship which permits the defendants to regulate and prohibit the booking activities of the caterers without violating the sherman act." 241 f.supp. at 893. the judgment of the court of appeals is vacated, and the cases are remanded with direction to enter ..... within the labor exemption and that its establishment of price floors constituted a per se violation of the sherman act. held: petitioners' involvement of the orchestra leaders in the promulgation and enforcement of the challenged regulations and bylaws does not create a combination or ..... holding that the challenged practices "come within the definition of the term labor dispute' and are exempt from the antitrust laws" under the norris-laguardia act. the court of appeals, though otherwise affirming the dismissal, reversed on the alleged price-fixing issue, holding that the "price list" was not ..... treble damages, alleging that petitioners in no. 309, an international musicians union and one of its locals, violated 1 and 2 of the sherman act. the challenged practices mainly concerned "club date" engagements where an orchestra, through arrangement with the purchaser of the music made by a musician or .....

Tag this Judgment!

Feb 02 1968 (SC)

State of Punjab Vs. Dharam Singh

Court : Supreme Court of India

Decided on : Feb-02-1968

Reported in : AIR1968SC1210; [1968(17)FLR9]; 1968LabIC1409; [1968]3SCR1

bachawat, j.1. these two connected appeals raise a common question of construction of r. 6 of the punjab educational service (provincialised cadre) class iii rules, 1961. before october 1, 1957, dharam singh and dev raj, the respondents to these appeals, were junior teachers in district board schools. the district board schools were provincialised, and the services of the respondents were taken over by the punjab state with effect from october 1, 1957 in pursuance of a scheme of provincialisation of local bodies schools in the state. on february 13, 1961, the governor of punjab in exercise of the powers conferred by the proviso to art. 309 of the constitution framed the punjab educational service (provincialised cadre) class iii rules, 1961 regulating the conditions of service of the teaching staff taken over by the state government from the local authorities. rule 1 provides that the rules will be deemed to have come into force with effect from october 1, 1957. rule 3 created the punjab educational (provincialised cadre) class iii service consisting of the posts shown in appendix a. it is common case that the posts held by the respondents are included in appendix a and carry time scales of pay. rule 6 is in these terms : '6(1). members of the service, officiating or to be promoted against permanent posts, shall be on probation in the first instance for one year. (2) officiating service shall be reckoned as period spent on probation, but no member who has officiated in any .....

Tag this Judgment!

Nov 27 1968 (SC)

Goka Ramalingam Vs. Boddu Abraham and anr.

Court : Supreme Court of India

Decided on : Nov-27-1968

Reported in : AIR1970SC741; (1969)1SCC24; [1969]2SCR992

hidayatullah, c.j.1. this appeal arises from the decision of the andhra pradesh high court, dated august 21, 1967, by which an election petition filed by the present appellant goka ramalingam to question the election of the answering respondent boddu abraham was dismissed. the matter concerns the cheriyal (schedule caste) constituency in the election to the andhra pradesh legislative assembly held in february, 1967. three candidates had offered themselves for election. two of them we have already named, the third is one devadanam. the answering respondent obtained 15,000 and odd, the appellant-election petitioner 12,000 and odd and devadanam 7000 and odd votes. the election petition was based only on the issue, namely that the respondents who had stood for a scheduled caste reserved seat had 'converted themselves into christianity long time back and they continue to profess the said religion christianity even today'. under the constitution (scheduled castes) order, 1950, it is provided as follows : '(2) subject to the provisions of this order, the castes, races or tribes, or parts of, or groups within, castes or tribes, specified in parts i to xiii of the schedule to this order shall, in relation to the states to which those parts respectively relate, be deemed to be scheduled castes so far as regards members thereof resident in the localities specified in relation to them in those parts of that schedule. (3) notwithstanding anything contained in paragraph 2, no person who .....

Tag this Judgment!

Feb 02 1968 (SC)

Management, Chitavalsah Jute Mills Ltd. Vs. Workmen of Chitavalsah Jut ...

Court : Supreme Court of India

Decided on : Feb-02-1968

Reported in : AIR1968SC1076; [1968(17)FLR150]; 1968LabIC1283; (1969)ILLJ520SC; [1968]3SCR8

hegde, j. 1. this appeal has been brought to this court by special leave. it arises from the decision of the industrial tribunal, andhra pradesh, hyderabad. the only question that arises for decision is whether on the basis of the material on the record there was any justification for framing a gratuity scheme for appellant's staff. 2. the admitted facts are these : the appellant concern is having about 500 looms. it has a subscribed capital of a little over 35 lakhs. its built up reserve is over thirty lakhs. in three out of the six years during the period 1960-65 it has suffered substantial losses. out of the remaining three years, in one year it made a profit of about rs. 45,000, in another year about rs. 13,000 and in 1962 over rupees twelve lakhs. the annual expenses of the appellant's concern under the head 'salaries, wages and bonus' are nearly 47 lakhs. 3. it was found by the tribunal that the appellant concern and the nellimarla jute mills are sister concerns. both of them are under a single management, viz., m/s. mcleod and company, calcutta. they are located in the same region, the distance between the two being about 25 miles. in nellimarla jute mills a gratuity scheme for the staff is in existence and that in addition to provident fund benefits. our attention was not invited to any material on record to show that these findings are not correct. in the appellant concern also there is a provident fund scheme for the staff. the appellant in its counter-affidavit .....

Tag this Judgment!

Oct 16 1968 (HC)

Devraj Urs Vs. Mysore State Road Transport Corporation (by General Man ...

Court : Karnataka

Decided on : Oct-16-1968

Reported in : (1970)ILLJ549Kant

somnath ayyar, j. 1. the petitioner who was a conductor in the mysore state road transport corporation was dismissed by the divisional controller of the mysore division of that corporation on charges of misconduct. the appeal preferred by the petition to the general manager was dismissed. 2. in this writ petition in which we are asked to quash the orders made by the divisional controller and the general manager, sri shivaramayya raised the contention that under the standing orders as they stood on 29 october, 1964. when the petitioner was dismissed, an order of dismissal should be preceded by an independent enquiry by the deputy general manager of the corporation in the bangalore division, but that no such independent enquiry was conducted by that deputy general manager. 3. standing order 13, as it stood when the petitioner was dismissed, reads : 'standing order 13 - award of punishment. - no order of fine, suspension, discharge so ordered by the deputy general manager, bangalore division. the deputy general manager may order such enquiry as he thinks fit before passing orders provided that in cases where punishment of dismissal is involved, the deputy general managers shall hold an independent enquiry and pass orders.' this amended standing order displaced the old standing order, and, it is clear from the standing order as it stands after its amendment that no dismissal of an employee of the corporation is possible unless the deputy general manager of the bangalore division .....

Tag this Judgment!

Feb 08 1968 (SC)

Puttarangamma and 2 ors. Vs. M.S. Ranganna and 3 ors.

Court : Supreme Court of India

Decided on : Feb-08-1968

Reported in : AIR1968SC1018; 1972LabIC942; [1968]3SCR119

ramaswami, j. 1. this appeal is brought by certificate from the judgment of the mysore high court dated december 5, 1960 in r.a. no. 81 of 1956. 2. the appellants and respondent no. 4 are the daughters and legal representatives of savoy ranganna who was the plaintiff in o.s. 34 of 1950-51 instituted in the court of the district judge, mysore. the suit was filed by the deceased plaintiff for partition of his share in the properties mentioned in the schedule to the plaint and for granting him separate possession of the same. respondent no. 1 is the brother's son of the plaintiff. the relationship of the parties would appear from the following pedigree : savoy ranganna (sr) | ------------------------------------------------------------------------ ranganna 1 alamma savoy ranganna chikka ranganna (died 45 (deft. 2) (plaintiff) (died in 1947) years ago) | | | dodda rangamma | m. s. r. ranganna, 3 (deft. 2(a)) | (deft. 1) | | lakkamma kenchanna (suppl. | (d.w. 10) def). | --------------------------------------------------------------- | | | | chikka rangamma putta rangamma rangathayamma chinnathayamma (deft. 3) (ist l.r of (2nd l.r. of (3rd l.r. of plaintiff) plaintiff) plaintiff) 3. the case of the plaintiff was that he and the defendants lived together as members of a joint hindu family till january 7, 1951, plaintiff being the karta. the plaintiff had no male issue but had only four daughters, chikka rangamma putta rangamma, rangathayamma and chinnathayamma. the first 2 .....

Tag this Judgment!

Nov 29 1968 (HC)

Prabhu (C.D.) Vs. Deputy Commissioner, Mangalore and anr.

Court : Karnataka

Decided on : Nov-29-1968

Reported in : [1969(18)FLR292]; ILR1969KAR323; (1969)IILLJ822Kant; (1969)1MysLJ405

somnath ayyar, j.1. disciplinary proceeding against the petitioner who was a second division clerk was commenced on 23 september, 1958, on which date the charges which were made by the disciplinary authority who was the depute commissioner, were communicated to him. the petitioner produced his defence on 25 october, 1958. after the completion of that enquiry a show-cause notice was issued to the petitioner on 30 may, 1959, in which he was intimated that it was proposed to impose a punishment in the form of stoppage of five increments. the petitioner produced his representation with respect to this show-cause notice on 16 june, 1959, and that was the last that anyone heard those disciplinary proceedings.2. but instead of continuing the old disciplinary proceedings in which nothing was done after the production of the representation in response to the show-cause notice, the assistant commissioner commenced a new disciplinary on 26 november, 1960 in obedience to the direction that he should so commence it, imparted to him by the divisional commissioner. after the completion of that enquiry by the assistant commissioner, the petitioner was dismissed and it is the punishment which is called in question in this writ petition.3. though the punishment inflicted is challenged on more than one ground in this writ petition, the two main criticisms made by sri datar of his punishment are, firstly, that after the discontinuance of the first disciplinary proceeding there could be no second .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //