Court : Andhra Pradesh
Decided on : Apr-13-1973
Reported in : AIR1974AP238
..... for the settlement of the dispute, cannot be given effect to. the stamp act being a special act, the definition of the word 'award' used in section 2(b) apply according to the respondent's counsel. as pointed out earlier, there is no definition of the word 'award' as given in the arbitration act .7. in the light of the foregoing discussion, i shall examine the ..... otherwise than by an order of the court in this course of a suit.'the expression 'award' is not defined under the indian stamp act, we have, therefore , to look to the arbitration act , 1940. section 2(a) of the arbitration act defines 'arbitration agreement' as 'a written agreement to submit present or future differences to arbitration. whether an arbitrator is named therein or ..... contents of the documents , in order to find out whether it is an award within the meaning of article 12 of the stamp act ..... other an arbitrator is named therein or not.' under section 2(b) , 'award' means 'an arbitration award'. section 47 read with sections 2(a) and 2(b) defining 'arbitration agreement' and 'award' respectively, makes it abundantly clear that any arbitration proceeding is governed by the provisions of the act. there can be no award within the meaning of section 2(b) without an agreement in writing, any decision .....Tag this Judgment!
Court : Kolkata
Decided on : Mar-28-1973
Reported in : AIR1973Cal460
..... execution and attestation of the will. 10. mr. mitter has however, contended that execution of the will was not denied. he has referred to the definition of 'execution' as contained in section 2(h) of the indian succession act and contended that from the evidence of the deed writer p. w. 6 and several other attesting witnesses execution of the will by the lady ..... was proved for it is said that he remained unshaken in his cross-examination and it was his definite statement that he wrote the will and the ..... first respondent but apart from this evidence certain lunacy proceedings, it is undisputed, were started at the instance of the husband of nirupama, and it appears that according to the medical report of the then civil surgeon of malda, she was of unsound mind. the matter, however, ultimately came up here and this court sent back the case again for reconsideration ..... rajeshwari debya to defeat the claims of nirupama in the properties left by the testatrix. in any case, these circumstances no doubt create grave suspicions and tend to establish high degree of probabilities justifying a reasonable conclusion that the will must have been created by the propounder in collusion with his mother sushama, byomkesh and other members of her branch and .....Tag this Judgment!
Court : Kolkata
Decided on : Apr-06-1973
Reported in : AIR1973Cal496,77CWN760
..... principle. we deem it unnecessary to rest our judgment on any general proposition such as this. the further proposition that the provisions of section 2(15) of the stamp act cannot give life to the award is based upon a confusion of thought. this has only to be stated to be rejected. any ..... arbitrators were free to pass the award in the absence of the other one.17. the court below held that the provisions of section 2(15) of the stamp act cannot give life to the award.18. the learned subordinate judge however accepted the defence argument on the principle of law to the ..... v. clive mills co. ltd., : air1960cal180 was relied on. according to the appellant, the respondent should have come to the court under section 14(2) of the act to strike the award down but as the respondent's right is no longer alive the suit is not maintainable. the present suit though on ..... certain properties separately while the rest of the properties remained joint. as joint possession was felt inconvenient, the three brothers appointed dr. premtosh basu, a medical man of repute and two pleaders of the howrah court viz., sri manmatha ghosh and sri jiban krishna chatterjee, as arbitrators to effect partition of their ..... of fact.2. the case has a chameleon-like history. it has greatly protracted the hearing and added to the costs. in this unfortunate litigation the disputants are own brothers.the defendant no. 1 appellant is a legal practitioner in the howrah court the plaintiff respondent no. 1 is a medical man.3 .....Tag this Judgment!
Court : Kolkata
Decided on : Mar-21-1973
Reported in : AIR1974Cal386,78CWN962
..... (9) of the sale of goods act. it is true that no such specific question was put to the defendant in his examination on commission but ..... entered into transactions with mercantile agent as defined in that act. section 2(1) of the factors act was more or less on identical terms with the proviso to section 27 of the sale of goods art and section 178 of the con-tract act and this section deals both with sale, pledge or other disposition of ..... acts in good faith and without notice of any want of authority on the part of such, agent. where these conditions are satisfied, the seller can confer a good title on the buyer. it is not disputed that onkar & sons are regular share-dealers of a recognised stock exchange and would thus come within the definition of a mercantile agent described in section 2 ..... or authority on the part of that person. the contract must therefore be held not to have complied with the requirement of section 15(4) of the forward contracts (regulation) act 1952. such a contract, has been held by the supreme court in the case reported in : 1scr608 to be ..... and the appeal therefrom reported in (1908) i kb 221; whitehom bros v. davison. (1911) 1 kb 463; commonwealth trust v. akotey 1916 ac 72). it will however not be necessary for us to enter into or discuss these cases in view of our finding that the pledgee did not .....Tag this Judgment!
Court : Rajasthan
Decided on : Nov-07-1973
Reported in : 1973(6)WLN906
..... by the state government in the official gazette. in this connection the learned counsel again drew my pointed attention to the amended definition of area contained in section 2(1) of the m. v act. this contention in my opinion has no force. as pointed out earlier the meaning of the term area has to be ..... which the omnibus runs or portion thereof. the argument therefore, that the route or area must be one as defined by amended section 2(1) or 2 (28) of the m.v. act is not tenable.jaipur-pilani scheme.15. then remains objections to the validity of the scheme for nationalisation in regard to jaipur-pilani ..... words 'route or area' occurring in section 68-c of the m.v, act. it is argued that the area and route have been defined under sections (1) and 2 (28a) respectively of the m.v. act and if section 68-c of the m.v act is interpreted in the light of definition, the inference according to the learned ..... this contention has no force. even prior to the amending act no. 56 of 1969 (which came into effect on 2-3-1970) by which the definition of area and route were amended, the terms route and area found place in section 68 c of the motor vehicles act and, therefore, it can be reasonably inferred that the ..... term 'route' was not used in section 68-g of the m.v. act as per the amended definition. in .....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 : Rajasthan
Decided on : May-07-1973
Reported in : 1973(6)WLN587
..... the petitioner. from the totality of the circumstances placed on the record, there is no escape from conclusion that the power under sub-section (2) of section 40 of the act was misused by the government with a malafide intention to humiliate the petitioner.28. for the reasons mentioned above, the writ petition is ..... upon consideration of the report received as aforesaid, or otherwise the state government is of the opinion that action under sub-section (1) of section 40 is necessary, the state government shall frame definite charges and shall communicate them in writing to the pradhan or the up-pradhan, as the case may be, together ..... alleged that it was soon recalled with a view to have further probe in the matter and according to the petitioner it was done with a definite purpose to deprive the petitioner of the evidence of his innocence which could be made use of by him before this court.6. the petitioner ..... alternative and cannot initiate the enquiry without receiving the report of the collector if called under rule 3 of the said rules.14. section 40 of the act when carefully perused with rules 3. 4 and 5 of the rules make it abundantly clear that the law confers a power on ..... or governed by law, enabling the common man to foresee the actions of the administration. there is no doubt that the administration always exercises some degree of discretion, but the area of discretion left with the administrator should be delimited by certain clear cut norms so as to exclude the exercise of .....Tag this Judgment!
Court : Mumbai
Decided on : Aug-01-1973
Reported in : 97ITR24(Bom)
..... in the nature of capital expenditure incurred solely for the purpose of making or earning such income, profits or gains. under the provisions of sub-section (2) an expenditure will be a permissible allowance only if two conditions are fulfilled : (1) that it is incurred solely for the purpose of ..... work carried out in the godowns. according to him during both the relevant years the repairs executed were permissible deductions either under section 10(2)(v) or section 12(2) of the act. 12. in the appeal by the revenue before the tribunal the various items specified in the second schedule to the indenture ..... any new or fresh advantage. according to him the repairs executed during the relevant accounting periods constituted permissible deductions wither under section 10(2)(v) or section 12(2) of the act for the respective assessment years. in the appeal preferred by the revenue the income-tax appellate tribunal partially allowed the appeal. ..... kantawal, c.j. 1. by this reference under section 66(2) of the indian income-tax act, 1922 (hereinafter referred to as 'the act'), the following question is referred to us for our determination at the instance of the assessee : 'whether there ..... the tribunal took the view that the provisions of section 12 of the act alone were applicable; that part of the expenditure incurred was .....Tag this Judgment!
Court : Gujarat
Decided on : Dec-10-1973
Reported in : AIR1975Guj81
..... 40 of mulla's principles of mahomedan law, the executor or administrator, as the case may be, of a deceased mahomedan, is, under the provisions of the indian succession act, 1925, section 211, his legal representative for all purposes, and all the property of the deceased vests in him as such. the estate vests in the executor, though no probate has been ..... of the family of the deceased which included nanibibi (widow of kazamali), defendant no. 1 (son of kazamali) and the daughters of kazamali. provision was also made for the medical and other expenses, as also for the maintenance and repairs of the residential house, celebration of holidays, payment of salaries to the servant referred to as an agent, for payment ..... appropriate also to questions between beneficiaries under a will and other persons, or between beneficiaries and persons claiming adversely to a deed of which construction is sought. order 85, rule 2 (2) provides that 'without prejudice to the generality of paragraph (1) an action may be brought for the determination of any of the following questions: (a) any question arising in ..... an originating summons may be adjourned into court, but such an adjournment was merely a continuation of the hearing in chambers (vide williams on executors and administrators, 14th edition, vol 2, para. 1913). thus, it appears that the procedure which was earlier prescribed for commencing the administration actions was one by originating summons which would be broadly akin to our summary .....Tag this Judgment!
Court : Gujarat
Decided on : Apr-17-1973
Reported in : (1974)0GLR616; (1975)ILLJ169Guj
..... prasad pande, a.i.r. 1971 s.c. 866, at page 869, their lordships pointed out the normal presumption that some element of mens rea should be imported into the definition of the crime, unless a contrary intention is expressed or implied. the mens rea meant some blameworthy mental condition whether constituted by knowledge, intention or otherwise. there were, however, ..... liability. the penal sanction sought really to enforce only the civil rights. it was this penal sanction which in the context of such legislation secured proper enforcement and greater degree of care being exercised by the ultimate employer who could be reasonably expected to reasonably influence and control his servants or his agents. the whole object of this labour ..... doubt fall under the ordinary content of genus 'general engineering products'. the assumption of mr. krishnan was that only surgical instruments being covered under the other entry 23, the other medical appliances, like clinical thermometers, could not fall under the wider class of scientific instruments. the clear import of 'scientific instruments' which or a result of constructive engineering skill applied ..... an employer. amongst others he has invited our attention to sub-s. (2) of s. 14 read with paragraph 76 of the scheme and sub-s. (2a) of s. 14. both the sub-sections attract criminal liability in respect of non-compliance with the provisions of the act. section 14b attracts civil liability in damages for non-compliance with certain provisions of the .....Tag this Judgment!