Court : US Supreme Court
Decided on : Jan-10-1973
..... pursuant to 28 u.s.c. 1252, the government appealed. we noted probable jurisdiction. 405 u.s. 915 (1972). i section 14 (b)(2) of the bankruptcy act, 11 u.s.c. 32(b)(2), provides that, upon the expiration of the time fixed by the court for filing of objections, "the court shall discharge the ..... . when i do get a job, i want to be able to spend my wages for the support of myself and my family and for the medical care of my son, instead of paying them to my creditors and forcing my family to remain dependent on welfare." he indicated that he was unable to ..... to be ignored as the dissenting opinions would do. moreover, the exclusivity of a state's control of marriage and divorce is a far cry from the degree of government control over relations between debtor and creditor, as mr. justice blackmun has pointed out. in a bankruptcy proceeding, the government, through the court, ..... b. upon the failure of a bankrupt . . . to pay any installment as ordered, the court may dismiss the proceeding for failure to pay costs as provided in section 59, sub. g. of the act. . . . " "c. no proceedings upon the discharge of a bankrupt . . . shall be instituted until the filing fees are paid in full." [ footnote ..... 8 months, his mother, and his mother's 6-year-old daughter. his younger child suffers from cystic fibrosis, and is undergoing treatment in a medical center. 2. kras has been unemployed since may, 1969, except for odd jobs producing about $300 in 1969 and a like amount in 1970. his last steady .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jan-12-1973
Reported in : AIR1973SC883; [1973(26)FLR123]; 1973MhLJ461(SC); (1973)3SCC546; 3SCR285
..... these two appeals, by special leave the common question that arises for consideration is the proper interpretation to be placed on section 78(1)(d) of the bombay industrial relations act 1946 (bombay act no. xi of 1947) hereinafter referred to as the act.2. the appellant in both the appeals, the municipal corporation of greater bombay, is a body corporate constituted under the ..... provided under the regulations, dismiss, discharge or reduce or otherwise punish an employee during the period he is in receipt of disablement benefit for temporary disablement or is under medical treatment for sickness or is absent from work as a result of illness duly certified in accordance with the regulations to arise out of the pregnancy or confinement rendering the ..... given to an employee during the period specified in sub-section (1) shall be valid or operative.15. this provision clearly places an embargo upon the powers of an employer to dismiss, discharge or otherwise punish an employee in the circumstances mentioned therein. for example, if an employee is under medical treatment for sickness or is in receipt of sickness benefit ..... or maternity benefit, no order of dismissal or punishment can be passed against such an employee. that means even if an employer intends to take disciplinary action for any misconduct, he cannot pass ay orders of punishment during the periods mentioned in the section. for instance, .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jan-22-1973
..... that a person convicted of that crime shall be punished by imprisonment for not less than one nor more than 10 years. section 21202(a) states the exception and removes from 1201's definition of criminal abortion, and thus makes noncriminal, an abortion "performed by a physician duly licensed" in georgia when, based upon ..... (c) any solicitor general of the judicial circuit in which an abortion is to be performed under this section, or any person who would be a relative of the child within the second degree of consanguinity, may petition the superior court of the county in which the abortion is to be performed ..... older than our political parties, older than our school system. marriage is a coming together for better or for worse, hopefully enduring, and intimate to the degree of being sacred." " id. at 381 u. s. 486 ." the district court in doe held that griswold and related cases "establish a constitutional ..... the abortion was unjustified. (4) self-abortion. a woman whose pregnancy has continued beyond the twenty-sixth week commits a felony of the third degree if she purposely terminates her own pregnancy otherwise than by a live birth, or if she uses instruments, drugs or violence upon herself for that ..... be page 410 u. s. 219 approved in advance by a committee of the medical staff of that hospital. [ footnote 2/10 ] physicians, who speak to us in doe through an amicus brief, complain of the georgia act's interference with their practice of their profession. the right of privacy has no more .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jan-22-1973
..... , or (iii) that the pregnancy resulted from rape or incest, or illicit intercourse with a girl under the age of 16 years]." "section 2. [ penalty. ] any person who performs or procures an abortion other than authorized by this act is guilty of a [felony] and, upon conviction thereof, may be sentenced to pay a fine not exceeding [$1,000] or to ..... of abortion services; it should not delay the obtaining of these services." "c. psychiatric consultation should not be mandatory. as in the case of other specialized medical services, psychiatric consultation should be sought for definite indications, and not on a routine basis." "d. a wide range of individuals from appropriately trained, sympathetic volunteers to highly skilled physicians may qualify as abortion ..... that the procedure actually be necessary for that purpose. gradually, in the middle and late 19th century, the quickening distinction disappeared from the statutory law of most states and the degree of the offense and the penalties were increased. by the end of the 1950's, a large majority of the jurisdictions banned abortion, however and whenever performed, unless done ..... early anti-abortion statutes. first, while barring destruction of an unquickened fetus as well as a quick fetus, it made the former only a misdemeanor, but the latter second-degree manslaughter. second, it incorporated a concept of therapeutic abortion by providing that an abortion was excused if it "shall have been necessary to preserve the life of such mother, .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Feb-05-1973
Reported in : AIR1973AP309
..... party at any stage of the suit to make an application to the court seeking that summons be issued to a witness either to give evidence or to produce documents. (2) the court is not entitled to refuse such an application on the ground that it might cause delay in the trial of the suit on the adjourned date of the ..... before their lordships the plaintiff had applied for summonses to be issued to the person mentioned in the list of witnesses filed in that court. this application was filed on 2-4-1921 while the suit stood adjourned to 13-4-1921. the lower court in that case had dismissed the application observing that the application was made at too late ..... by shankermut. in my opinion the rejection of the application on this technical ground by the court below is unwarranted and this ground for rejection cannot be permitted to stand.2. the court below has not kept in mind the provisions of order 16, rule 1, civil p. c. in dismissing the present application. order 16, rule 1, civil p. c ..... 1. this revision petition is filed to revise the order of the ii assistant judge, city civil court, hyderabad, made in i. a. no. 163 of 1968 in o. s. no. 32 of 1967 on his file. the petitioner filed the said i. .....Tag this Judgment!
Court : Rajasthan
Decided on : Feb-07-1973
Reported in : 1973CriLJ1447; 1973()WLN160
..... . on the facts it was held in these authorities that it is not every offence committed by the public servant that required sanction for prosecution under section 197(1), criminal p. c. but if the act complained of is directly concerned with his official duty, then sanction would be necessary and that would be so irrespective of the fact whether it was ..... examination itself may be such an act. the test may well be whether the public servant, if challenged, can reasonably claim ..... such as to lie within the scope of his official duty. thus a judge neither acts nor purports to act as a judge in receiving a bribe, though the judgment which he delivers may be such an act; nor does a government medical officer act or purport to act as a public servant in picking the pocket of a patient whom he is examining, though the ..... submitted this reference to this court, recommending that the order of the munsiff-magistrate, phalodi, dated august 20, 1969, in so far as lakhpat raj is concerned, should be quashed.2. i have heard learned counsel representing lakhpat raj. i had had also an opportunity of receiving assistance from learned deputy government advocate in the matter. nobody is present on behalf .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Feb-20-1973
Reported in : AIR1974AP55
..... resolution can be read as meaning that the grant was of rent-free land, the case would come strictly within the doctrine of estoppel enunciated in section 115, evidence act. but even otherwise i.e., if there was merely the holding out of a promise that no rent will be charged in the future the ..... been accepted as attributable to military service. on the faith of that assurance he did not take the steps he otherwise would have taken to get independent medical opinion. the matter should have been in fact dealt with by the minister of pensions, and the question was whether that minister was estopped, i.e., ..... :(1) when the effect of its application is to override the clear words of a statute; in their words equity shoulnot be allowed to override law. (2) nor would it apply to criminal proceedings. (3) it would also not apply if the result of it is to obtain powers in excess of those ..... , like to refer to two recent english decision, which, in our judgment, are relevant.28. in wells v. ministry of housing and local government, (1967) 2 all er 1041, a local authority's engineer informed the applicant, wells, that planning permission was not necessary for proposed development. the authority later argued that the engineer ..... is a private citizen.18. lord denning l. j. reiterated the same view in the celebrated case of falmouth boat construction co. v. howell, (1950) 2 kb 16. in that case, a license was required to do ship repair work. the work was started on the basis of an oral license given by .....Tag this Judgment!
Court : Mumbai
Decided on : Mar-01-1973
Reported in : AIR1974Bom215; ILR1974Bom929; 1973MhLJ728
..... therefore, the present suit being a suit for money the same is liable to be stayed under clause (b) of sub-section (2) of section 3 of the said act. this application was opposed by the plaintiff, who suit for money, but this is a suit for recovery of arrears of ..... cannot be termed as a suit for money within the meaning of section 3 (2) (b) of the act. he relied upon the definition of the term 'maintenance' in sub-clause (b) of section 3 (2) of the hindu maintenance and adoption act according to shri b.s. deshpande, the maintenance means in all ..... contentions raised before me it is necessary to refer to the relevant provisions of the bombay execution of decrees (temporary postponement) act. 1959. section 3 (2) (b) of the act reads as under:'no suit for money and no suit for foreclosure or sale in enforcement of a mortgage, shall be instituted ..... case an adequate provision for food, clothing, residence, education and medical attendance and treatment. this ..... has nothing to do with the money as such. the amount which is claimed in the suit is only claimed in lieu of maintenance. therefore, in substance it is a suit for maintenance and not a suit for money. this being the position, according to him, as the provisions of section 3 (2) of the act .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Mar-07-1973
Reported in : AIR1973AP387
..... the corporation on merits, we may usefully refer to some of the provisions in the hyderabad warehouses regulation 1358 fasli. the regulation extends to the whole of the hyderabad state. section 2(b) defines ' depositor ' as meaning a person or firm which tenders goods to the warehouseman for storing in his warehouse and includes any person who lawfully holds the receipt ..... and it cannot be said that any cause of action can be said to have arisen at hyderabad within the meaning of second part of explanation ii to section 20.18. section 3(2) of the warehousing corporation act, 1962 states that the head office of the central warehousing corporation shall be at new delhi. the very words ' head office ' must mean that there ..... shall without a licence carry on the business of a warehouseman or represent or hold himself out as a warehouseman. warehouseman is defined in section 2(i) as a person or firm holding a licence for issuing under section 27 receipts for goods stored in his warehouse. chapter iii of the regulation provides for the duties of the warehouseman. chapter iv provides for ..... receipts were not issued subject to confirmation by the head office at delhi. the warehouseman of the defendant corporation functions without any reference to the head office at delhi and definitely transacts business. in the conduct of this business the 2nd defendant corporation having located its warehouse in hyderabad is governed by the hyderabad warehouses regulation and the rules made thereunder .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Mar-12-1973
Reported in : AIR1974AP113
..... from such a decree except on the ground that it was in excess of or not otherwise in accordance with the award. sec. section 39(1)(vi) of the arbitration act provides for an appeal against an order refusing to set aside the award.11. in the instant case, the application by the ..... court , an appeal against the order of the court refusing to set aside the award falls under section section 39(1)(vi) of the act. it is not an appeal falling under section 17 of the act read with section 96, civil p.c.' and v. chetti v. v. chetty, air 1957 andh pra 493 ..... a division bench of this court consisting of chandra reddy , c.j. and venktesam, j., held that :-'............ where, in proceedings under section 14 of the arbitration act, one of the parties to the arbitration agreement files objection against the award on the ground that the arbitrators had misconducted themselves and the ..... was) in lakshmikanta rao v. venkateswaralu, : air1960ap576 held that :'................ rules 1 and 2 framed under the arbitration act require that an application for setting aside an award should be in writing . article 11 (m) of the court - fees act prescribes the payment of court-fee. on a combined reading of these provisions it is ..... no. 51 of 1965, whereby the district judge, khammam, allowed the appeal and set aside the award.2. briefly stated, the facts are: the father of the revision-petitioners agreed to sell 5 1/2 acres of land, bearing survey no. 320 situated at khammam, to the 1st respondent, for a sum of .....Tag this Judgment!