Court : Kerala
Decided on : Apr-02-1969
Reported in : AIR1970Ker165
..... to serve in connection with the affairs of the principal successor state to the madras state, which is madras state itself as defined in section 2(m) of the act. orders were however passed under sub-section (2) of section 115 of the act by the central government requiring the petitioners to serve provisionally in connection with the affairs of the kerala state. orders have also been ..... extraordinary jurisdiction of this hon'ble court under article 226. further representation and appeal to the central government through the state government is ineffective and illusory in view of the definite prejudicial stand they have taken and final orders passed on the prior representations and appeals.' 76. in the above circumstances we are not satisfied that there has been any denial ..... altogether. the present incumbents of the posts of district magistrates were holding executive posts before the separation of the judiciary. one of them it appears, does not possess a law degree. in madras, on the other hand the district magistrates were borne on the cadre of sub judges. any attempt, therefore, to equate the posts of district magistrates (judicial) in ..... court on the administrative side expressed the view that these persons cannot be integrated with the members of the civil judiciary. some of them did not possess even a law degree. the state government therefore reviewed their decision embodied in ext. p7 in o. p. no. 2979 of 1966 dated 27-5-1958 that these persons should be integrated with .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Apr-29-1969
Reported in : AIR1970MP261
..... one else was permitted to steal or appropriate to himself the result of his labour, skill and learning. as their lordships have most appropriately stated, the provision of section 2 of the imperial copyright act was based on the moral principle resting on the eighth commandment. 'thou shall not steal'. apart from this, the originality in writing of a successful text-book in ..... . 497 and howitt v. hall (1862) 6 lt 348. where under an agreement between an author and his publisher a licence is conferred on the publisher without limitation to any definite period, and where payment to the author is by royalties or by a share in the profits, the licence, although exclusive so long as it exists, is revocable; and the ..... amount of material contained in the book in question. see, s. k. dutt v. law book co., ilr (1954) 1 all 289 = (air 1954 all 570). that depends upon the degree of resemblance which makes one a mere slavish copy of another. the workable test of what constitutes a copy or colourable imitation which emerges from the authorities cited by us ..... publish a competing book, and an agreement not to do anything to injure the author's right to royalties will not be implied : cescinsky v. routledge (george) and sons, ltd. (1916) 2 kb 325 at p. 329 per rowlatt, j.' 30. the case of mathewson v. stochdale, 1806-12 ves 270 is instructive. in that case, the dispute was as regards a .....Tag this Judgment!
Court : Rajasthan
Decided on : Dec-19-1969
Reported in : 42CompCas1(Raj); 1969()WLN498
..... the purpose of enforcing a right arising from a contract or conferred by the partnership act, unless the firm is registered and the person suing has been shown in the register of firms as a partner in the firm. sub-section (2) similarly prohibits a suit by or on behalf of the firm against a third party ..... of his joint status from the date when the suit is instituted. a decree may be necessary for working out the results of the severance and for allotting definite shares, but the status of the plaintiff as separate in estate is brought about by assertion of his right to separate, whether he obtains a consequential decree ..... views of the majority, those remaining, even if a minority, can appoint a chairman and conduct the business left unfinished by the former chairman: see catesby v. burnett,  2 ch. 325 (ch. d.). this point was also considered by a division bench of this court in deodutt sharma v. zahoor ahmed zaid,  r.l.w. ..... pandara sannadhi, a.i.r. 1917 p.c. 6 ; 39 i.c. 659 (p.c.) and ram prakash das v. anand das, a.i.r. 1916 p.c. 256;  33 i.c. 583 (p.c.). similar are the views of their lordships of the supreme court in hiralal v. badkulal, a.i.r. 1953 s.c. ..... powers as contained in clause vi of the memorandum of association and articles 60 and 75 of the articles of association. ram swarup died on june 5, 1916, whereupon seth motilal was nominated by the members of the joint family firm, champalal ram swarup, as successor of ram swarup and the defendant-company passed a .....Tag this Judgment!
Court : Chennai
Decided on : Dec-05-1969
Reported in : AIR1970Mad366
..... (1)(b) and consequently of section 43 of the act of 1940".section 2(1)(b) is in pari materia with the first part of section 7(1) of the indian act. for ..... act, observed at page 718:"this shows that for the cesser of an interest to give rise to a charge for duty, it must be possible to say of the interest that it extended to the whole income, or to a definite part of the income. this notion of definite extension is, in my opinion, vital to the understanding and working of section 2 ..... be that the widow of a hindu deceased coparcener is, by reason of her interest under section 3(2) of the hindu women's rights to property act, 1937, entitled without effecting partition, to any definite share of income of the joint family properties. in our opinion, it follows that the ..... 154; jagdish prasad v. sree-dharkanta, . as stated in a privy council case, janaki ainmalv. narayanaswami, (1916) 43 ind app 207, 209 = 39 mad 634, 637 = 37 ind cas 171 =air 1916 pc 117; kalishankar das v. dhirendra nath, her right is of the nature of a right of property;her ..... position is that of owner; her powers in that character are, however, limited; but ......... so long as she is alive no one has any vested interest in the succession."what the widow takes, however, under section 3(2 .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Nov-26-1969
Reported in : AIR1971AP196
..... him either to give permission or to withhold such permission as he thinks fit. the indian evidence act was codified repealing all rules of evidence other than those saved by the last part of section 2. the necessity to codify the rules of evidence in this country arose as there was no complete ..... about a particular case require protection as much as deliberations about policy. i do not think that it is possible to limit such documents by any definition; but there seems to me to be a wide difference between such documents and routine reports. there may be special reasons for withholding some kinds of ..... ;'it only remains to add that so far as australia is concerned it does not appear that there is any statutory provision corresponding to section 162 of the act, and so, even after this judgment was pronounced by the privy council, courts in india have not given effect to the operative part ..... lord parker said in another connection: 'those who are responsible for the national security must be the sole judges of what the national security requires: 'the zamora, (1916) 2 ac 77, at p. 107 = (air 1917 pc 225 at p. 237) in (1931) ac 704 the judicial committee reversed the decision of the supreme ..... interest, the production the documents cannot be withheld from evidence.20. another case in asiatic petroleum co. ltd v. anglo-persian oil co. ltd.,(1916) 1 kb 822). in that case it was held that the protection of documents from discovery upon the board ground of state policy and public convenience .....Tag this Judgment!
Court : Allahabad
Decided on : Feb-20-1969
Reported in : 73ITR423(All)
..... to it despite the adjustments made in the book entries. there was a further contention before the income-tax officer that, as the partners had definite shares in the property, the provisions of section 9(3) of the act were attracted and, therefore, the income from the property should be assessed in the hands of the partners according to their shares. the income ..... same shall be divided among the partners proportionately to their shares in the profits of the business of the firm. before dissolution, however, a partner cannot claim to have any definite and ascertainable share in any particular property of the firm; the deed of partnership dated the 18th june, 1953, (annexure ' a'), does not concede to any partner any such right ..... that a partner has the implied authority, subject to the provisions of section 22, to do any act to carry on in the usual way, business of the kind carried on by the firm. sub-section (2) imposes certain limitations on the implied authority of a partner. in particular, clause (g) of sub-section (2) provides that such implied authority of a partner does not empower ..... of sections 20(1) and section 21 of the english partnership act, 1890. it is clear that, although, as laid down by the supreme court in the case of dulichand laxminarayan v. commissioner of income-tax, a firm is not, strictly speaking, a juristic entity, both the english as well as the indian law relating to partnership concedes to the firm a degree of .....Tag this Judgment!
Court : Mumbai
Decided on : Sep-05-1969
Reported in : AIR1971Bom1; 1971MhLJ546
..... subletting of accommodation and other ancillary matters hereinafter specified.' the provisions of clause 13 of the order have been justified before us under section 2(b) of that act which provides as one of the powers given to the state government 'for preventing the eviction of tenants or subtenants from such accommodation ..... portion, and the division bench observed:'as compared with the house in occupation of the petitioner the house in occupation of the respondent was definitely more spacious'.the rent controller had held that in view of the fact that the tenant was already in occupation of another house of his ..... the original rent control order of 1949. in which three categories of need were separately provided for, namely, need for residence, need for residence on medical grounds, and need for business; and it is because those three distinctions were made in the paragraphs originally enacted that the word 'residential' was used ..... of his own in the city or town concerned'. on the other hand, in the case of his need for his bona fide residence on medical grounds, the legislative draftsman expressly provided 'whether or not he is occupying any other residential house of his own' and thereby indicated that even ..... he is not occupying any other residential house of his own in the city or town concerned;' for his need for bona fide residence on medical grounds, the qualification was: 'whether or not he is occupying any other residential house of his own'; and in the case of his need .....Tag this Judgment!
Court : Karnataka
Decided on : Dec-24-1969
Reported in : [1970(20)FLR355]; ILR1969KAR581; (1970)IILLJ738Kant; (1970)1MysLJ191
..... the investigation and settlement of industrial disputes, and for certain other purposes hereinafter appearing, it is hereby enacted as follows :-' 7. section 2 of the act contains definitions of certain words and expressions occurring in the act. clause (k) of s. 2 defines 'industrial dispute' as any dispute or difference between employers and employers or between employers and workmen or between workmen and workmen, ..... of a smaller magnitude. by so doing the legislature does not violate art. 14. 39. so long as discharge, dismissal, retrenchment, or termination of services, is of greater degree of consequence to an individual workman than any other grievance in regard to his employment or conditions thereof, it is open to the legislature to provide for a special remedy ..... porcelain potteries v. nash (1961) 3 all e.r. 203. under section 18 of the workmen's compensations act, 1928, compensation was payable in respect of scheduled industrial diseases which did not include silicosis. but the amendment act of 1946, it was provided, inter alia, that where a medical practitioner certifies that a worker is suffering from a disease and is thereby ..... disabled from earning full wages at the work at which he was employed, the worker shall be entitled to compensation under the principal act as if the disease was a .....Tag this Judgment!
Court : Karnataka
Decided on : Mar-31-1969
Reported in : AIR1969Kant315; AIR1969Mys315; 1969CriLJ1251
..... second party were entitled to have their names registered as occupants on the basis of their being quasi-permanent tenants.the term, 'quasi-permanent tenant' is defined in section 2(14) of the act as follows:--'quasi-permanent tenant' means a person who has been in continuous possession of any land used for agricultural purposes in an inam by cultivating such land himself ..... purpose of administration of justice throughout the union. their lordships then considered as to what were the essential attributes which would constitute a court. in that context they noticed the definition of the word 'court' available elsewhere which is as follows:-'coke on littleton and stroud defined the word 'court' as the place where justice is judicially administered. according to stephen ..... committees, guardians committees, the court of referees constituted under the unemployment insurance acts to decide claims made on the insurance funds, the benches of the inns of court when considering the conduct of one of their members, the general medical council, when considering questions affecting the position of a medical man.'12. these are some of the tests which have to be applied .....Tag this Judgment!
Court : Allahabad
Decided on : Sep-10-1969
Reported in : AIR1970All268
..... majesty's government in the united kingdom had no responsibility as respects the government of the territories of the dominion, and proviso (b) to sub-section (2) of section 8 of the act said that nothing in the sub-section would be construed as continuing in force after the setting up of the dominion any form of control by his majesty's government in the ..... man and man and between man and the government, they should be kept above 'the throne' by granting them complete economic security. their rights to economic advantages should be fixed definitely at the time of their call to office and should be insulated from subsequent impairment. (see holdsworth: constitutional position of the judges, (1932) 48 law quarterly review, p. 25). when ..... government of a province in which the principal seat of the high court was situated. paragraph 26 did not deal with any pensionary rights but with subsidiary rights, such as medical facilities etc. then paragraph 933-a of the civil service regulations could only be made applicable to judges by paragraph 26 of the 1937 order if it was applicable to ..... ). further, it empowers the central government to make rules not only in regard to other conditions for medical treatment but also in regard to other conditions of service and any other matter which may be prescribed (section 24) in enacting the 1954 act parliament did not, therefore, confine itself to matters mentioned in article 221 of the constitution and provided for other conditions .....Tag this Judgment!