Court : Madhya Pradesh
Decided on : Jul-21-1969
Reported in : AIR1970MP132; 1969MPLJ751
..... by the petitioner has been equated with the post of overseer. the absorption of the petitioner provisionally on that post does not amount to any demotion.'under sub-section (2) of section 116 of the act, the state government is empowered to pass, in relation to any allocated servant, any order affecting his continuance in any post or office previously hold by him. that ..... affairs of the union or any state:provided that the conditions of service applicable immediately before the appointed day to the case of any person referred to in sub-section (1) or sub-section (2) shall not be varied to his disadvantage except with the previous approval of the central government.116. (1) every person who immediately before the appointed day is ..... the report of the states reorganisation commission, it was stated:'the integration of services which will follow the determination of cadres and the allotment of personnel should be based on definite principles which should, as far as possible, be of uniform application throughout india ......... it is also of the greatest importance that the body constituted to integrate the service personnel of ..... must depend on the circumstances of the case, the nature of the enquiry, the rules under which the tribunal is acting, the subject-matter that is being dealt with, and so forth. accordingly i do not derive much assistance from the definitions of natural justice which have been from time to time used, but whatever standard is adopted, one essential is that .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Jul-22-1969
Reported in : AIR1970P& H241
..... it was before the partition of the country) in exercise of its powers conferred by clause (b) of sub-section (1) and clause (b) of sub-section (2) of section 241 of the government of india act, 1935, though they actually came into force on 24th september 1943 when they were published in the punjab gazette of ..... credit and in making such recruitment special importance will be attached to the order in which categories of war service are set forth in the definition in rule 2, preference being given to those in the higher categories.5. in the case of a person who has rendered war service his period ..... and in making such recruitment special importance will be attached to the order in which categories of war service are set forth in the definition in rule 2 preference being given to those in the higher categories.5. in the case of a person who has rendered war service his period of ..... by the central or the provincial government, and(f) such other service as may hereafter be declared a war service for the purpose of this definition. note-- in making selections for government appointments after the war to posts reserved in any service or department for candidates with war service the order ..... by the central or the provincial government, and(f) such other service as may hereafter be declared a war service for the purpose of this definition. note-- in making selections for government appointments after the war to posts reserved in any service or department for candidates with war service the order .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Sep-08-1969
Reported in : AIR1971SC840; (1971)73BOMLR66; 1971CriLJ693; (1969)2SCC793; 2SCR227
..... , it should be given all the powers of a court of appeal including the power to enhance the sentence. sub-section (2) of section 439 is only meant to give an opportunity to the accused so that he be not condemned unheard and sub-section (6) is only an amplification of that principle and gives him a right to challenge his conviction if he ..... which otherwise comes to its knowledge, to exercise the powers conferred on a court of appeal by sections 423, 426, 427 and 428 or on a court by section 338(power to direct tender of pardon) and may enhance the sentence but sub-section (2) of the section lays down that such an order is not to be made to the prejudice of the accused ..... of the code limited to a term of imprisonment not exceeding two years and a fine not exceeding rs. 2,000/-. under the indian penal code the limit of punishment for an offence under section 447 is imprisonment for a term which may extend to three months or with fine which may extend to rs. 500/- or with both, but an offence ..... three months' imprisonment was passed on all the accused for the offence under section 447 read with section 149. no separate sentence was passed under section 147. this court granted special leave to appeal to the accused 'limited to the question of legality of sentence passed by the high court.2. counsel on behalf of the appellants put forward his argument in a two .....Tag this Judgment!
Court : Kerala
Decided on : Dec-03-1969
Reported in : AIR1972Ker47
..... reassessment and those in respect of the remaining years to the original assessment itself. the challenge made is on the basis that section 2(18) read with section 2(41) and section 104 read with section 108 of the act and the provisions of the finance act, 1964 (5 of 1964), authorising levy of super-tax at a rate higher than 25 per cent, of the total income ..... no economic or financial justification, that is, no justification from the point of view of public finance. the constitution of a company is irrelevant for tax purposes. the definition of ' relative ' in the act is arbitrary. if the object of the classification is to prevent accumulation of profits and tax avoidance, that can be achieved better by other means of legislation. in ..... balance of the fund in the character of capital by putting the company into liquidation. ' 11. the section prevents the evasion of tax by, among others, the means mentioned by simon.12. it is true that when section 23a was in the predecessor act, there was no definition there of the word ' relative ' as meaning husband, wife, brother or sister or any lineal ascendant ..... or descendant of an individual in relation to him or her. but that cannot make any difference. the definition of ' relative ' as it is now given in the present act is natural. in the case of such relative, it is only natural to assume that, on account of the close relationship, he or she would .....Tag this Judgment!
Court : Gujarat
Decided on : Jul-10-1969
Reported in : AIR1971Guj20; 1971CriLJ368
..... had not established by the evidence led by it that the provisions of section 10, sub-section (7) of the act, were complied with. that provision is to the following effect:'where the food inspector takes any action under clause (a) of sub-section (1), sub-section (2), sub-section (4), or sub-section (6), he shall call one or more persons to be present at ..... in two different contexts by the legislature, (1) when one is considering the position about different categories of authorities or persons, referred to in section 20(1) of the act, filing the prosecution by themselves, and (2) when one is considering the position when different authorities or persons are consenting to filing of such prosecution. he urged that in the argument advanced ..... the contention that the complaint was filed by an unauthorised person, it will be noticed that shri nirmal kumar jain was authorised under section 20 of the act, through a resolution of the municipal corporation (no. 973 dated 10-2-1961). a copy of that resolution, exhibit pk, is on the record of the trial court. the resolution shows that the recommendations ..... of the medical relief and public health committee for authorising shri nirmal kumar jain under section 20 of the act, to institute and conduct all prosecutions arising under the act, were approved.'the contention raised therein .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Apr-01-1969
Reported in : AIR1970SC122; (1969)2SCC108; 1SCR163
..... divided into general police districts, viz., the provincial police district and railway police district and all ranks of police employed in the province were appointed or enrolled under section 2 of the act. rule 1.2 shows that the responsibility for the command of the police force, its recruitment, discipline, internal economy and administration throughout the general police districts vested in the inspector-general ..... government shall, for the purposes of this act, be deemed to be one police-force, and shall be formally enrolled; and shall consist of such number of officers and men ..... of a district superintendent of police under this act in any district; and (d) 'magistrate of the district' shall mean the chief officer charged with the executive administration of a district and exercising the powers of a magistrate, by whatever designation the chief officer charged with such executive administration is styled. under section 2 of the act the entire police establishment under a state .....Tag this Judgment!
Court : Kolkata
Decided on : May-16-1969
Reported in : AIR1970Cal38,74CWN168
..... upon such subjects. upon such subjects the rational and legal interpretation must be the same.'how well it accords with the definition of 'proved' in section 3 of our evidence act 1 of 1872 which adopts the requirement of a prudent man as the footrule to measure proof by. a prudent man ..... go, the conclusion reached is the same: sachindra's version of living in complete isolation from nilima, on his return from england, appears to be improbable to a degree and cannot, therefore, be accepted*** *** ****** *** ****** *** ***234. acknowledging all letters written by shantipada, in the first part, nilima writes:'do your studies ..... so, we have done no more than governed ourselves, as indeed is obvious, by both the standards of proof, --, 'civil' and 'criminal' --, the degree of difference between the two having been made crystal clear, if we may say so with utmost respect, by lord denning in (1947) 63 tlr 474. ..... so to say, in my husband who used to revel in sexual intercourse with all sorts of women, sparing not even his near relations of all degrees. such a one, so difficult to get on with, encouraged and emboldened by the failure of the prosecution against him, true though it was, ..... hearing on may 4 1963. on the ground of her illness, in support of which was attached a certificate dated may 2, 1963. exhibit d, over the signature of a registered medical practitioner, dr. n.p. mukherjee, 'specialist in women. children and veneral diseases'. such a specialist certified that nilima ' .....Tag this Judgment!
Court : Kolkata
Decided on : Sep-25-1969
Reported in : 41CompCas308(Cal)
..... mookerjee's classification. the case of furrier's alliance ltd. has been correctly described as a deadlock case. the yenidje tobacco company case, however, was definitely not a case where the partnership principle was applied on the ground of deadlock. the case of american pioneer leather company ltd. was a case in ..... relied no doubt on the celebrated judgment of lord cozens-hardy, master of the rolls, in the case of in re yenidje tobacco company ltd.,  2 ch. d. 426 where the learned master of the rolls had held that the principle which operates in the case of dissolution of a partnership firm ..... a partnership but mr. instone has attempted to extend the principle of such cases as in re yenidje tobacco company to such a degree that the principles of the companies act, 1948, could no longer be operated.'51. his lordship, it will be noted, has here introduced a condition for qualifying the ..... the decision of this case will really turn round one question of law and that is whether the principle enunciated in the yenidje company's case,  2 ch. d. 426 (c.a.) requires the dissolution of a private limited company as such when any member of the private limited company asks for ..... doubt that', of the conditions which i have enumerated above, conditions 2, 3 and 4 are unquestionably fulfilled in this case. even the admitted facts leave no room for doubt on this matter.92. reference to the notice under section 169 of the companies act, 1956, dated 23rd may, 1966, and issued by v.d. .....Tag this Judgment!
Court : Kolkata
Decided on : Jun-27-1969
Reported in : AIR1970Cal154
..... , untrammelled and uncontrolled power' and the said powers have not been regulated by any rules made under section 74(2) of the act. the petitioner further contends that the provisions of section 74 of the act giving absolute powers to the president in the matter of reduction, suspension and dismissal of officers and servants ..... said order should have been passed either by a court or a tribunal in the territory of india. it is difficult to lay down any definite or precise test for determining the character of a body which is called upon to adjudicate upon matters brought before it. sometimes in deciding such ..... is not for this court to lay down what documents should be furnished at what stage or what adjournments should be granted or whether a medical certificate should be believed, but the entire proceeding leaves an impression that the petitioner was determined not to participate in the enquiry by the ..... sent to him at his residence. his plea for transfer of the enquiry to a different authority and his plea for long adjournments on medical grounds were also turned down. the president-opposite party made a tentative decision to dismiss him and communicated the decision to him for further explanation ..... and also, why deduction shall not be made from his provident fund under rules of the tribunal.9. the petitioner who was ill and on medical leave, denied all the charges and prayed for copies of documents, specified in the list annexed to the letter and for time to submit explanations .....Tag this Judgment!
Court : Kolkata
Decided on : Jan-29-1969
Reported in : AIR1970Cal193
..... in this case it would be necessary to set out the relevant provisions of the insurance act and the life insurance corporation act. the definition section, s. 2 of the first act defines inter alia a chief agent, an insurance agent, a principal agent and a special agent as follows:'section 2(5-a): 'chief agent' means a person who not being a salaried employee of an ..... mentioned in section 40, sub-section (1) of the insurance act. as the plaintiff firm is not claiming to be an agent of the aryya insurance co. ltd. under any of the provisions of sections 2(5-a), 2(10), 2(15) and 2(17), it is not necessary to consider the provisions of the aforesaid sections. mr. sen, however, pointed out that in most of these definitions salaried ..... insurer, in consideration of any commission-- (i) performs any administrative and organising functions for the insurer and (ii) procures life ..... initial deposit from the party in advance along with the proposal before the proponent could be introduced to the examining doctor. if the proposal was not completed by payment, no medical fees would be payable by the company. (c) that the plaintiff firm would strictly carry out all the instructions issued by the company for its guidance from time to time .....Tag this Judgment!