Court : Andhra Pradesh
Decided on : Sep-01-1977
Reported in : AIR1978AP166
..... ; it has acquired the meaning of the place where justice is administered and, further, has come to mean the persons who exercise judicial functions under authority derived either immediately or mediately from the sovereign. all tribunals, however, are not courts, in the sense in which the term is here employed, namely, to denote such tribunals as exercise jurisdiction over persons by .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jul-28-1977
Reported in : AIR1977SC1992; (1977)4SCC153; 1SCR208; 1977(9)LC528(SC)
..... , appropriate action was not taken at the appropriate time, the provisions of the election law which have got to be construed strictly, must work with indifference to consequences, immediate or mediate. on the part of the officers also it will vitalise and invigorate a healthy democratic practice if, charged with the electoral duties, demanding high probity, they neither 'exhibit rank remissness .....Tag this Judgment!
Court : Himachal Pradesh
Decided on : Jun-28-1977
Reported in : AIR1978HP2
..... be at once executed, would be indulging in a mere pastime. one can easily give instances of cases in which the decrees duly passed by competent courts' cannot be im-mediately executed. but that fact has never been understood to mean that there is an implied ouster of jurisdiction of the court to entertain and dispose of the suit.' this decision .....Tag this Judgment!
Court : US Supreme Court
Decided on : Apr-27-1977
..... writers, see johnson v. avery, 393 u.s. at 393 u. s. 488 ; procunier v. martinez, 416 u. s. 396 , 416 u. s. 421 -422 (1974). independent legal advisors can mediate or resolve administratively many prisoner complaints that would otherwise burden the courts, and can convince inmates that other grievances against the prison or the legal system are ill-founded, thereby .....Tag this Judgment!
Court : Allahabad
Decided on : Apr-05-1977
Reported in : AIR1977All360
satish chandra, j.1. i have had the advantage of reading the judgment prepared by hon. k. c. agarwal, j. i entirely agree. i would, however, like to make a few observations.2. in dhulabhai v. state of madhya pradesh, air 1969 sc 78 hidayatullah, c. j., speaking for the supreme court, laid down that questions of the correctness of orders are for the decision of the authorities created by a statute, and a civil suit does not lie if the orders of the authorities are declared to be final, or there is an express prohibition under a particular act.3. the last sub-section of section 198 of the zamindari abolition act declares that the orders of the collector are, subject to a revision under section 333, 'final'. this thus bars a suit or any other proceeding in a civil court. the order passed by the collector or an order passed by the board of revenue in a revision filed against the order of the collector, if any, gains finality between the parties. these orders settle and conclude the rights of the parties. as such the rights cannot subsequently be re-opened.4. section 49 of the consolidation of holdings act permits declaration and adjudication of rights of tenure-holders in respect of land lying in an area for which a notification has been issued under section 4 (2). it also permits adjudication of any other right arising out of consolidation proceedings. but both these matters are permitted 'in regard to which a proceeding could or ought to have been taken under this act'. the .....Tag this Judgment!
Court : Allahabad
Decided on : Mar-31-1977
Reported in : AIR1977All455
m.p. mehrotra, j.1. this is the defendant's second appeal. they have lost in both the courts below and have come up in the instant appeal.2. the brief facts are these:--the deity sued as the plaintiff for a declaration that the deity was the owner of house no. 211, faithful ganj, kanpur. one pilamber lal was the original owner of many properties including the one in dispute in the suit. he died some time in 1932 and on his death, dispute arose between various parties. one raghubir prasad claimed to be the adopted son of the said pitamber lal. smt. rukmani kunwar was the widow and newaji lal was the brother of the said pitamber lal-raghubir prasad filed suit no. 28 of 1933 in the court of the civil judge, kanpur, wherein newaji lal and smt. rukmani kunwar were made defendants. there were certain other defendants also in the said suit. the prayer in the suit was that a declaration be granted that in terms of the will dated 17th september, 1932 of the said pitamber lal, the plaintiff raghubir prasad was the trustee in valid possession and management of the properties detailed at the foot of the plaint. in the alternative, the relief sought was that in case the aforesaid relief could not be granted to the plaintiff, then the latter was entitled to the said property as the validly adopted son of the said pitamber lal and that he was in possession of the said properties in the said capacity. admittedly the property in dispute before me was one of the items of the proper-ties .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Apr-04-1977
Reported in : AIR1977P& H341
r.n. mittal, j. 1. smt. jaswant kaur. defendant, has filed this second appeal against the judgment and decree of the additional district judge, farid-kot. dated dec. 4, 1963, by which he affirmed the judgment and decree of the trial court passed in favour of major harpal singh, plaintiff. 2. briefly the facts of the case are that gurnam singh, deceased, was the owner of the property in dispute and other properties. he executed a will in respect of his entire property on june 5, 1938 and bequeathed half of his landed property and some houses in favour of major harpal singh, his younger brother and the remaining moveable and immoveable property in favour of smt. jaswant kaur, subject to the condition that she would utilise the income of the property during her lifetime for the purpose of maintaining herself and her two daughters, and after her death, that would revert to the plaintiff. gurnam singh got the aforesaid will registered on june 6, 1938, at kasauli. he died on june 8, 1938, leaving behind smt. jaswant kaur widow two minor daughters, and major harpal singh, brother. 3. smt. jaswant kaur executed five instruments regarding the property in dispute, namely, three gift deeds, exhibits p-22, p-23 and p-24 in favour of her two daughters, one sale deed, exhibit p-25, in favour of defendant no. 4 and one mortgage deed, exhibit p-26 in favour of defendants 5 and 6. major harpal singh, plaintiff, instituted a suit for declaration to the effect that all the alienations effected .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jul-29-1977
Reported in : AIR1977SC2226; 1977CriLJ1897; (1977)3SCC562; 1977(9)LC546(SC)
..... , however, mohammad musheer stated: on 17-2-73 a quarrel had taken place between accused shamim and deceased nirmaljeet in course of that scuffle shamim was being beaten meantime, while mediating,someone stabbed nirmaljeet.shamim's statement in the sessions court under section 342, in this regard, was in these terms:the reason of my absconding was that on 17-2 .....Tag this Judgment!
Court : Gujarat
Decided on : Sep-15-1977
Reported in : 114ITR302(Guj)
divan, c.j.1. in this case, at the instance of the assessee, the following question has been referred to us for our opinion : 'whether, on the facts and in the circumstances of the case, the land in question in an agricultural land within the meaning of section 2(14)(iii) of the income-tax act, 1961, and, therefore, whether the capital gains arising from the sale thereof is exempt from assessment to income-tax under the said act ?' 2. the facts giving rise to this reference are as follows : the assessment year under reference is 1969-70, the relevant previous year of account being samvat year 2024 which ended on october 21, 1968. the assessee is an individual and she and one, shantaben dahyabhai patel (wife of the assessee's husband's brother) jointly purchased two plots of land bearing survey nos. 51/1/1 and 51/1/2/2/2 of changispur village. these two plots were subsequently given final plot no. 65 of the town planning scheme no. 20 admeasuring about 2,360 square yards. the assessee had one-half share in the land bearing plot no. 65. the assessee agreed to sell the land of plot no. 65 to messrs. amit corporation, a partnership firm. amit corporation agreed to sell the land to manav flats co-operative housing society ltd. under an agreement of sale dated january 9, 1968. thereafter, by a sale deed dated september 4, 1968, the assessee sold her half undivided share in the said plot of land, namely, 1,180 square yards of land, to manav flats co-operative housing society ltd. .....Tag this Judgment!
Court : Chennai
Decided on : Jul-21-1977
Reported in : AIR1978Mad97; (1978)1MLJ386
..... . according to the plaintiff, he and the defendant gave an undertaking to the police not to put up any new construction without settling their disputes either with the aid of mediators or through a competent court. overruling the objections raised by the plaintiff, the commissioner of virudhunagar. municipality granted permission to the defendant to put up constructions. in pursuance of that .....Tag this Judgment!