Court : Rajasthan
Decided on : Mar-09-1973
Reported in : AIR1973Raj219; 1973()WLN200
..... law does not prescribe any period of limitation much less one different from the period prescribed by the schedule i. therefore, by implication, under the provisions of section 29(2), the provisions of the limitation act are applicable to letters patent substantially regulated by the code of civil procedure.9. in this connection reference may be made to c.p. chidambaram v. state ..... have perused this case. as regards the question of the applicability of the code of civil procedure to the letters patent jurisdiction it has been definitely held in this case also that by virtue of section 117 the provisions of the code of civil procedure are applicable to the letters patent appeals also. in air 1931 all 244 it was held that ..... . it will thus appear that on the appellant's own showing he is alleged to have been treated by as many as four medical practitioners. however, he has not specified the period during which he remained under the treatment of the particular medical practitioner. on the top of this all. he has failed to produce certificate of illness from any ol the ..... medical practitioners showing the nature of illness and his inability to go to jodhpur. the allegations in respect of the illness and his inability to .....Tag this Judgment!
Court : Mumbai
Decided on : Apr-06-1973
Reported in : (1973)IILLJ558Bom; 1974MhLJ83
..... but it is wide enough to include all local or other authorities within the territory of india or under the control of the government of india. in view of this definition of the word 'state' in art. 12 fundamental rights are guaranteed not only to servants of the government, central or state, but they are equally guaranteed to all local or ..... the period of suspension. chapter vi-b of these regulations provide for compulsory retirement. under regulation 67 ordinarily every municipal officer or servant including the honorary staff at the municipal medical colleges and hospitals shall retire at the age of 58 years. it is unnecessary to refer to the other regulations because in our opinion these regulations by themselves are sufficient ..... was filed by the petitioner. at the material time the petitioner was employed as a tutor in chemical pathology in the department of pathology and bacteriology of the topiwala national medical college and he worked in that capacity until he was dismissed from service in october, 1964. in the month of july, 1963 certain irregularities were suspected in the affairs of ..... and an employee which is governed by the statute. if the scheme of the act is examined, it is quite clear that in chapter ii of the act there is reference to various municipal authorities. section 54 provides for appointment of the commissioner. section 55 provides for appointment of deputy municipal commissioner. section 60a provides for appointment of general manager of the b.e.s. & t .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Feb-23-1973
Reported in : AIR1973SC1174; 1973MhLJ528(SC); (1973)1SCC639; 1973(5)LC546(SC)
..... government of maharashtra, only two questions arise for decision, (i) what is the amount due, and (ii) are the municipal committee of gondia and the state of maharashtra liable either on the basis of the contracts or under section 70 of the contract act.3. as regards the amount due, the contract itself provided that the rates were to be increased ..... in the treasury though it did not come from government funds. the twynam hospital at tumsar and kunwar tilak singh hospital at gondia are dispensary fund hospitals. the madhya pradesh medical manual part iv, chapter xxvii relates to classification of hospitals and dispensaries. clause 365 classifies the hospitals under six categories:1. government2. municipal (including notified area committee)3. ..... under the management of the dispensary fund committees. this committee is composed of representatives of the following classes:(a) the civil surgeon, ex-officio, or in his absence the medical officer-in-charge.(b) government officials.(c) representatives of the local bodies which contribute towards the funds.(d) representatives of the subscribers.(e) nominated non-officials.the precise constitution ..... may not, therefore, be binding on it.5. but even apart from contract we have no hesitation in holding that in all the three cases liability under section 70 of the contract act clearly arises. we do not understand why the high court thinks that the dispensary fund committees cannot be regarded as the owners or beneficiaries of the buildings .....Tag this Judgment!
Court : Mumbai
Decided on : Nov-03-1973
Reported in : AIR1974Bom288; (1974)76BOMLR400; 1974MhLJ594
..... to be decided from the averments made in the plaint itself. that takes me to the definition of 'premises' in the act to which part ii applies and the allegations in the plaint.12. section 5(8)(b)(iii) of the act defines 'premises' as,'any building or part of a building let or given on licence ..... the plaintiffs have nowhere stated that they have filed the suit in their capacity as tenants nor asked for any protection under the rent act, section 28 of the act has no application to the facts of the case. he also argues that it is perfectly open to him to file a suit for ..... . it was against that judgment that a letters patent appeal being preferred, the division bench considered the question of jurisdiction and about the interpretation of section 28 of the act at great length and it also took a review of the decisions in the full bench case of : air1965bom177 (fb) and the decision of ..... the order absolute. mr. abhyankar, therefore, is clearly right in his submission.10. as regards the question of jurisdiction and the construction and effect of section 28 of 'the act, it is important to bear in mind the observations of the full bench decision reported in dattatraya krishna v. jairam ganesh, : air1965bom177 (fb). ..... by the opposite party in the trial court. for instance, while it is argued by mr. lalit that in the absence of evidence about the degree of annexures it would be hazardous to hold that the stall which hangs by two nails is a permanent fitting affixed to the building, it is argued .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Dec-04-1973
Reported in : AIR1974SC1355; 93ITR348(SC); (1974)3SCC616; 2SCR583
..... it has been held that a dedication is a trust in the general sense within the meaning of the expression as used in sections 4, 40 and 41 of the income-tax act and the word 'trust' can be applied to hindu endowments. on the second part of the question it was held that the ..... in respect of the income of the debutter estate in the status of an 'individual' under section 41 of the act. in respect of the assessment years 1939-40 to 1942-43 a reference was made under section 68(2) of the act. a bench of the calcutta high court held that upon a proper construction of the scheme ..... high court elaborately discussed whether the deity could be held to be an 'individual' and held that the deity was liable to assessment under the income-tax act.2. before this court the only point argued was whether the high court was right in coming to the conclusion that the deity is an 'individual'. when ..... an 'individual' within the meaning of that word under the provisions of the indian income-tax act, 1922. it arises out of the judgment of the high court of calcutta in a number of references under section 66(1) of the act. the facts necessary for the decision, in a short compass, are these: in the ..... we may however, mention that the problem whether the hindu deity is an individual is not likely to arise after the enactment of income-tax act, 1961, which a 'person' as including (i) an individual, (ii) a hindu undivided family, (iii) a company, (iv) a firm, (v) an association of persons or a body of individuals, .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Dec-14-1973
Reported in : AIR1974P& H215
..... 9) also contain that the plaintiff-respondent was 'haziq-ul-hukma' and 'mahiro-tibbo-jarahat' from bhupindera tibya college, patiala, and that his name had been duly registered as medical practitioner in the relevant register. bhupindera tibya college, patiala, was a recognised institution in the erstwhile patiala and east punjab states union. at serial no. 451, the name of ..... ' held by the bhupindera tibya college, patiala, in 1949, and that his name was also duly entered as medical practitioner in the relevant register. the allegation of the appellant and abhai kumar that the plaintiff-respondent had purchased the aforesaid degree and diploma from one asghar ali, without taking the aforesaid examination, is not substantiated by any satisfactory evidence and ..... slander and also for malicious prosecution which had been instituted against him by them, are briefly as under.2. the parties are residents of sunam. jagdish chand was practising there as hakim duly registered as medical practitioner under the pepsu ayurvedic and unani practitioners act, 2008 bk. he claimed to have taken examination conducted by the bhupindera tibbia college, patiala, in 1943 ..... -tibbo-jarahat', held by bhupindera tibya college, patiala, in 1943, and had passed it and that he was awarded degree in 'haziq-ul-hukma' and diploma in 'mahiro-tibbo-jarahat' by the said college. copy (exhibit p-3) of the aforesaid degree, and copy (exhibit p-4) of the said diploma, were tendered by him in evidence on 18th april, 1961 .....Tag this Judgment!
Court : Rajasthan
Decided on : Sep-05-1973
Reported in : AIR1974Raj21; 1973()WLN657
..... section;'section 28. enforcement of and appeal from, decrees and orders. all decrees and orders made by the court ..... be governed by this special provision which enables the filing of an appeal against every decree or order that may have been passed under the act, in other words, section 28 is much wider than section 96 civil procedure code under which appeals are filed in civil cases. learned counsel placed reliance on sarla devi v. balwan singh air 1969 all 601. p. c, jairath ..... , to the extent it goes contrary to the provisions of the hindu marriage act it preserves a right recognised by custom or conferred by any special enactment to obtain the dissolution of a hindu marriage vide (section 29(2) of the act).15. i may next turn to section 28 of the act which the learned counsel for the appellant relied on. i may read the ..... in any proceeding under this act shall be enforced in like manner as the decrees and orders of the court .....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 : Chennai
Decided on : Nov-15-1973
Reported in : 100ITR669(Mad)
..... the settlement deeds were executed in fulfilment and discharge of a legal liability cast on a hindu father to maintain and educate his sons, especially, minors. section 20 of the hindu adoptions and maintenance act, 1956, dealing with the right of maintenance of children and aged parents, states that a hindu is bound during his lifetime to maintain his legitimate or ..... or mother so long as the child is a minor. section 3(b) defines 'maintenance' as including in all cases provision for food, clothing, residence, education and medical attendance and treatment. it is true that the act came into force on ..... december 21, 1956, subsequent to the execution of these settlement deeds. but, as held by the supreme court in nanak chand v. chandra kishore aggarwal : 1970crilj522 , the act is one ..... illegitimate children and his aged or infirm parents. clause (2) of that section provides that a legitimate or illegitimate child may claim maintenance from his or her father .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Oct-30-1973
Reported in : AIR1974AP319
..... direction, and the time taken for compliance by the party shall be time taken by the court as time requisite for supplying copies.5. for analogy we may refer to section 1498, c. p. c., where the whole or any part of any fee prescribed for any document by the law for the time being in force relating to court-fees ..... the deposit of copy stamps or printing charges, as the time spent by him due to carelessness or negligence.9. when the court requires a party to do a particular act by a particular time the party will be within his right in doing it within the time and he cannot be penalised for what he has done according to the ..... time cannot run against the appellant. as this case relates to a combined calculation, i do not think, that this case has any application to the facts of present case.2. the other cases mentioned in the office note saying that the six days lost, by the carelessness or the negligence of the party, should not be allowed in favour of .....Tag this Judgment!