Court : Delhi
Decided on : May-02-1973
Reported in : 9(1973)DLT397
..... regular suit. (16) on its very language, thereforee, sub-section (1) of section 44 of the act cannot apply where there is no registered trade mark and the occasion for applying the proviso to this sub-section would not arise. (17) the appellant then contended that section 2 of the act contains definitions of various expressions including 'registered trade mark' unless the context otherwise ..... requires and, thereforee, registered trade mark which means a trade mark which is actually on the register (section 2(1)(r) must include a trade mark in ..... respect of which an application has been filed for its registration. we do not find anything in the context of section ..... be taken of that defect so far as this appeal is concerned. in future, the office should see that all appeals under the act be they under sub-section (2) or sub-section (5) of section 109 of the act are filed in the form of a petition accompanied by an affidavit as required by rule 3. (13) for the reasons stated .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Nov-30-1973
Reported in : AIR1974SC471; (1974)1SCC242; 2SCR544
..... if true and clear, are by far the best proof of the facts admitted. admissions in pleadings or judicial admissions, admissible under section 58 of the evidence act, made by the parties or their agents at or before the hearing of the case, stand on a higher footing than evidentiary ..... 2 k.b. 291. therein the court of appeal was considering the scheme of the rent restrictions act, 1920, the language of section 5 of which was similar to section 13 of the delhi rent act. in that context, atkin l.i. stated the law on the point thus :the section appears to me to limit definitely ..... the jurisdiction of the courts in making ejectment orders in the case of premises to which the act applies. parties cannot by agreement give the courts jurisdiction which the legislature has ..... they indicate that the exclusive jurisdiction for recovery of possession is to be exercised when the provisions of part ii, which include sections 12 and 13, apply.15. all these three acts lay down specific grounds more or less similar, on which a decree or order of eviction can be passed ..... section 28 of the bombay rent act which begins with a nonobstante clause, specifies courts which shall have exclusive jurisdiction to entertain and try any suit or proceeding between a landlord and a tenant inter alia relating to (a) recovery of rent of any premises:(b) recovery of possession of any premises to which the provisions of part ii .....Tag this Judgment!
Court : Rajasthan
Decided on : Nov-09-1973
Reported in : AIR1974Raj147; 1973()WLN867
..... restricted estate. this contention was however, overruled and it was observed that the explanation to sub-section (1) is wide enough to include the property acquired under an award ..... within the contemplation of sub-section (1) of section 14 of the act and was entitled to become the full owner on that date. a contention was raised on behalf of the opposite party that the case fell within the exception embodied in sub-section (2) of section 14 of the act and the award created a ..... prescription, or in any other manner whatsoever, and also any such property held by her as stridhana immediately before the commencement of this act. '(2) nothing contained in sub-section (l) shall apply to any property acquired by way of gift or under a will or any other instrument or under a decree ..... from a mere right of maintenance or residence and, secondly, that she must have been in possession of 11 at the commencement of the act, and the section can have no application where she cannot be said to be in such possession.' in the present case smt. kalawati was admittedly in possession of ..... . leaving behind his widow smt. kalawati but no issue. ramkaranlai went in adoption to one ramchander some time in section 1973 i. e. 1916-17 a. d. as already stated above, on 3-2-1961 smt. kalawati executed a will of the property in question in favour of ramkaran lal and died about a .....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 : Andhra Pradesh
Decided on : Apr-17-1973
Reported in : AIR1974AP226
..... , defines 'movable property' as 'property of every description except immovable property'. the same definitions have been provided under clauses (14) and (19) of section 3 of the andhra pradesh general clauses act, 1897. 'movable property' is defined in clause (9) of section 2 of the registration act as including 'standing timber, growing crops and grass , fruit upon and juice in trees , and property of every ..... an annexation sufficient for this purpose. it is a question which must depend on the circumstances of each case, and mainly on two circumstances , as indicating the intention viz., the degree of annexation and the object of the annexation.14. in leigh v. taylor, (1902 ac 157 at p. 161) the house of lords held that certain valuable tapestries affixed ..... that 'facts have been regarded in different aspects according to the fashion of the times, the mode of ornamentation , and the mode in which houses were built, and the degree of attachment which from time to time to time become necessary or not according to the nature of the structure which was being dealt with. the principle appears to me ..... general clauses act. transfer of property act and registration act.17. the tests enunciated by the decided cases to determine the character and nature of the property are :(i) what is the intendment, object and purpose of installing the machinery -- whether it is the beneficial enjoyment of the building , land or structure , or the enjoyment of the very machinery ? (ii) the degree and manner .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Nov-23-1973
Reported in : AIR1974SC555; 1974LabIC427; (1974)ILLJ172SC; (1974)4SCC3; 2SCR348
..... the election save and except the instructions issued by the petitioner on 4 march, 1971 with regard to promulgation of section 41 of the city police act and section 30 of the district police act; rounding up of bad elements and probation offenders and prohibition of processions. the order passed by the petitioner was ..... that would result in altering the strength and composition of the cadre. the state has no such power within the second proviso to rule 4(2) of the cadre rules.19. counsel for the petitioner contended that the post of deputy chairman, planning commission as well as the post of ..... every three years by the central government in consultation with the state government would be nullified. the meaning of the second proviso to rule 4(2) is that the state government may add for a period mentioned there to the cadre one or more posts carrying duties and responsibilities of the ..... with the state government. the state government alone cannot alter the strength and composition of the cadre.18. the aforementioned second proviso to rule 4(2) of the cadre rules does not confer any power on the state government to alter the strength and composition of the cadre. if such power ..... indian administrative service (cadre) rules is to be determined by the central government in consultation with the state government. the relevant provision is sub-rule (2) of rule 4. it states that the central government shall at the interval of every three years re-examine the strength and composition of each .....Tag this Judgment!
Court : Orissa
Decided on : Mar-08-1973
Reported in : AIR1974Ori24; 39(1973)CLT539
..... filed. 4. four points arise for determination in this appeal; (1) has sufficient cause been shown by the claimant for exercise of discretion under the proviso to section 110-a (3) of the act? (2) whether once discretion has been exercised and limitation has been condoned before issue of notice to the respondents, they (respondents) are entitled to re-open the question of ..... to be filed within 60 days of the occurrence of the accident as per the provisions under section 110-a (3) of the act. the application having been filed on 6-2-70 was barred by limitation. the appellant applied for condonation of the delay. on 13-2-70, the tribunal examined her on oath and on 17-3-70, on a consideration of ..... lost sight of the intention of the statutory provision contained in the proviso to section 110-a (3) of the act. it also lost sight of the fact that the appellant had been confined to bed for a long period and came to present the petition on 6-2-70. the petition in this case was filed through advocate. the claimant was not ..... the affidavit, the medical certificate and the initial statement of the appellant found sufficient cause for the delay and in exercise of the powers vested under the proviso to section 110-a (3) of the act condoned the limitation and entertained the .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Nov-01-1973
Reported in : AIR1974AP139
..... the application which the mamlatdar cannot order the tenant to pay up , the learned judge observed :'if this was not correct construction of sub-section (2) and if the appellant's construction were to be accepted it would lead to a very astonishing result, viz., that even where the ..... j., who spoke for the court , after observing that section 25 (1) of the bombay tenancy and agricultural lands act presupposes that there are arrears at the date of the application which the mamlatdar directed to pay and in regard to sub-section (2) of section 25 presupposes that the tenant has made defaults for more than ..... held that the principles of waiver was excluded from the operation of the order. we have noticed that there is no such provision in the act. section 13 is far from clause 9 (4) of the calcutta order.77. we then go to : air1964ap31 . the contention in that case ..... raises a question of law which is of far-reaching importance. it arises in the following circumstances.2. the respondent herein filed an application under section 13 (a) of the andhra tenancy act, hereinafter called 'the act', for terminating the tenancy and eviction of the petitioner herein, the tenant. it was alleged ..... act, if made applicable to agricultural lands, the landlord could waive the right of forfeiture and consequently the tenant can plead in defence waiver or estoppel. the position in equity even without section 112 was the same.51. in appayya shetty v. mahammade beari, ilr 39 mad 834 = (air 1916 mad 680 (2)), .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Dec-11-1973
Reported in : AIR1974SC1084; (1974)1SCC446; 2SCR679
..... sides agree here-and that accords with the sense of the law-that a hospital for women is a charitable object, being for medical relief. moreover, the beneficiaries are a section of the public, women-that still silent, suffering half of indian humanity. therefore, this element connotes a public trust. the next ..... at the earliest through his own agency..it is thus clear that all the terms set out in the plaint were settled and have been definitely proved by the evidence discussed above. the entire matter was settled with sri govind narain and although several adjournments were taken by the defendant to ..... question arose as to what should happen to the gift. farewell, l.j., observed in this context in in re university of london medical sciences institute fund (1909) 2 ch. 1.i do not think that anybody who was not a lawyer could for one moment doubt that the university were bound to ..... his benefaction the court cannot innovate and undo, but where a general charitable goal is projected and particular objects and modes are indicated the court, acting to fulfil the broader benevolence of the donor and to avert the frustration of the good to the community, reconstructs, as nearly as may be, ..... that the following terms were settled between the collector and dubeyji.1. that the hospital would be constructed on kannauj makrand nagar road near phoolmati temple.2. that the hospital will be named after the name of person suggested by dubeyji and which name was to be communicated by him, to the .....Tag this Judgment!
Court : Mumbai
Decided on : Aug-09-1973
Reported in : AIR1974Bom238; 1974MhLJ484
..... learned counsel, for it really decides that for the purpose of the ceiling act what has to be shown is the actual possession of the holder with reference to the definition contained in section 2 (14) of the ceiling act. that was only enough to negative the claim of the petitioners in that ..... .....................'it was stated that in this connection extreme importance must be given to the phrase 'actual possession' as contained in sub-section (14) of section 2 of the ceiling act. thus it does nto appear that any pronouncement was made as to the true scope and reach of the term 'deemed tenant ..... it appears that the controversy that way being settled and adjudicated upon by the division bench concentrated itself upon the terms of section 2 (14) of the ceiling act and a submission was made that as the other petitioners were deemed tenants along with the company the holding must be construed ..... reported in dahya lala v. rasul mahomed, : 3scr1 . on the basis of that decision nad the defining clause available in section 2 914) of the ceiling act, a contention appears to have been raised that dahya lala's case ruled that excepting the persons other than those mentioned in clauses 9a), ..... of remuneration of rs. 175/-. the main contention that fell for consideraion, therefore, was what is the true extend and scope of section 2 (14) of the ceiling act which defined the phrase 'to hold land'. before the divisions bench, therefore, with respect to this controversy the provisions of the ceiling .....Tag this Judgment!