Court : Mumbai
Decided on : Apr-12-1976
Reported in : (1978)80BOMLR384
..... her of having extra-marital relationships with her professional colleagues and others, we have power to grant the injunction under sections 18(1) and (2) and (2)(b) of the hindu adoptions and maintenance act.47. in the result, a decree in terms of the clause (c) of the prayer in the petition, ..... wife.44. the word 'maintenance' is not denned in the hindu marriage act. it is, however, denned in the hindu adoptions and maintenance act. under section 3(b) 'maintenance' includes-in all cases, provision for food, clothing, residence, education and medical attendance and treatment.45. whether the tenancy premises which are, as stated ..... respondent shall, while the applicant remains unmarried, pay to the applicant for her or his maintenance and support...43. under section 27 of that act-in any proceeding under this act, the court may make such provisions in the decree as it deems just and proper with respect to any property presented, ..... mental torture in april 1956. the petitioner had a miscarriage. the husband did not care to nurse her back to normality or to give any medical treatment, as he stated that he could not afford it. she had to go to the doctor to get the medicines etc. the attitude ..... the judgment and decree dated february 6, 1975, passed by a judge of the bombay city civil court, in her petition, under section 10 of the hindu marriage act, 1955, for a decree for judicial separation. in the petition, she had also prayed for an injunction restraining the husband and his servants .....Tag this Judgment!
Court : Allahabad
Decided on : Aug-04-1976
Reported in : AIR1976All532
..... of agra and avadh. subsequently, the united provinces high court amalgamation order, 1948, for short, 'the amalgamation order' was promulgated under section 229 of the government of india act, 1935. the amalgamation order came into effect on the appointed day i.e., 26th july, 1948, and it was from this appointed ..... contents of the norm to be created, whereas legislation is usually determined by the constitution only in the former respect. but that is difference in degree only. from & dynamic point of view, the individual norm created by the judicial decision is a stage in a process beginning with the establishment ..... for social justice. precedents have a recognised position in the administration of justice, but the rule of adherence to precedents need be in some degree relaxed. this is all the more necessary so as to keep the law in harmony with social environment. a rule of law having grown ..... beginning. we would lay down the following propositions (1) the doctrine of prospective overruling can be invoked only in matters arising under our constitution; (2) it can be applied only by the highest court of the country i.e., the supreme court as it has the constitutional jurisdiction to declare ..... matter be laid before a full bench for an authoritative pronouncement on it. that is how the matter has come up before this full bench.2. notices were accordingly issued to the parties concerned as well as the presidents of allahabad high court bar association and avadh bar association, and to .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Sep-23-1976
Reported in : AIR1977AP308
..... narrawada, udayagiri taluk nellore district in any place other than survey no. 194/1 of ramapuram revenue village. originally there were five respondents viz. the district collector, nellore; the district medical and health officer; the state of andhra pradesh; shri g. kondapa naidu, m. l. a. and the executive engineer, roads & buildings, nellore. it is also averred in the writ petition ..... by shri p. a. chowdary in a. p. agricultural university v. mahmoodunnisa begum, : air1976ap134 (supra) is with special reference to section 3 of the land acquisition act. the said decision was rendered on the construction laid on section 3 of l. a. act. therefore it does not help in the solution of the problem here. in samarendra v. calcutta university, : air1953cal172 (supra) the question ..... we come to the conclusion that the addition of the 6th respondent in this writ petition falls squarely and clearly within the ambit of order. 1, rule. 10(2) civil procedure code and rule. 12(2) of the rules under article. 226 of the constitution. 13. we are therefore of the opinion that the addition of the 6th respondent, directed by gangadhara rao, j ..... a necessary nor a proper party to the writ petition, since his application to add him as a party, does not come within the purview of order. 1, rule. 10(2) civil procedure code. therefore the order of gangadhara rao, j., directing addition of 6th respondent is without jurisdiction. we may also mention that shri babul reddy appearing for the 6th respondent in .....Tag this Judgment!
Court : Allahabad
Decided on : Feb-26-1976
Reported in : (1976)5CTR(All)181
..... case, the learned a.j.r. was justified in dismissing the revision on the point that no application for condonation of delay had been moved, nor any medical certificate regarding the illness of sri mahabir prasad had been produced in the assessment year 1963-64, the dealer carried on business in bhang. no regular accounts ..... are thus distinguished :an agent is to be distinguished on the one hand from a servant, and on the other hand from an independent contractor. a servant acts under the direct control and supervision of his master, and is bound to conform to all reasonable orders given by him in the course of his work; ..... or authorised agent shall be as effectual as if the same had been served on or given to the dealer in person, and all provisions of the act or rules relating to the service of process on or the giving of a notice to a dealer shall be applicable to the service of process on ..... fixed at rs. 22,500/-. an appeal was filed against this order. the appeal was dismissed as time barred. thereafter, a revision was filed by the dealer.2. it appears that the appeal was filed by the dealer on 29-4-1968. it was, however, found that the notice of the assessment order and demand ..... the dealer had other employees as well. now, if one turns to section 182 of the contract act, an agent has been defined as being a person employed to do any act for another, or to represent another in dealings with a third person. section 186 lays down that the authority of the agent may the express or .....Tag this Judgment!
Court : Rajasthan
Decided on : Aug-31-1976
Reported in : 1976WLN478
..... in the case of 'dhatura' poisoning, the effect of the poison depends on the quantity, and the mode of administering it. it cannot be definitely said that the cause of death would be by 'dhatura' poisoning even if the visceras are found negative for 'dhatura' he also stated that ..... the active principle on chemical analysis, while the stomach wash may not occasionally respond to the test.13. taylor in principles and practice of medical jurisprudence (volume ii, (sic) edition) at page 608 described the symptoms of 'dhatura' poisoning as under:symptoms hyoscine has a bitter taste, which it ..... the learned assistant sessions judge is dated 29-71970, which is a subsequent decision. and is not convered either by sections 40, 41 and 42 of the indian evidence act. under these circumstances, the trial judge was correct in not placing any reliance on this judgment.10. the most important ..... for the poison may have been added to any of these substances just to substantiate a false charge against an enemy.11. modi in his medical jurisprudence and toxicology (1975 edition) at page 696 has observed as under: symptoms: the symptoms usually appear within half-an-hour after swallowing ..... also contended that the extra-judicial confessions made by the accused-appellant ram swaroop are sufficient for sustaining the conviction of the accused-appellant under section 302 ipc.5. we have carefully considered the respective contentions of the learned counsel for the parties, and have closely examined the record.6 .....Tag this Judgment!
Court : Rajasthan
Decided on : Aug-23-1976
Reported in : 1977CriLJ68; 1976(9)WLN377
..... 4, the degree of probability or likelihood of the act resulting in fatal harm, is of the highest level. this degree of knowledge cannot be fastened on the appellant in the present case, nor can the degree of probability or likelihood to the extent required under section 300, clause 4 be attributed to the act in question ..... right lung.3. after usual investigation, the police put up a challan against the appellant under section 302, i.p.c. in the court of additional munsiff-magistrate no. 2, kota, who after holding inquiry under section 207, code of criminal procedure (old), committed the appellant for trial to the court of sessions ..... cartilege piercing through pluera, right lung (middle lobe) with haemothorax (right side)'. the doctor also took out the bullet lying under the skin 1/2' left to the middle line. according to the doctor, injury no. 1 was sufficient in the ordinary course of nature to cause death. the ..... side of the chest at the upper angle of the sternum (wound of entry), with right fourth coastal cartilege, third inter coastal space.2. abrasion 1/4'x1/2' on the right loin.' on internal examination, the doctor found that there was 'a fracture of lateral margin of sternum and upper ..... evidence. he relied upon the following circumstances,-1. that the accused was inside the ajanta medical store (gopi chand's shop) at the time of the incident and was sitting opposite to mool chand deceased.2. that none other than the accused was carrying a revolver and the revolver was loaded.3 .....Tag this Judgment!
Court : Chennai
Decided on : Jan-07-1976
Reported in : 1977CriLJ1382
..... 539 , it had been observed that a prosecution for an offence arising out of an abuse of official position by an act not purporting to be official does not require sanction under section 197, cr. p. c.21. in the case now before me, the insinuation that has been made is that ..... ltd, and vacated the house on 29-8-1975, they could not be held liable for an offence under section 447 or section 448, i.p.c. and since accused 1 and 2 were having physical possession and custody of the movables in the bungalow and there is no evidence to show what ..... an order of dismissal would constitute an irregularity with which the high court has jurisdiction to deal.(vide gangu reddi v. samarapathi mudali air 1916 mad 303: cri lj 633.11. as has been held by the supreme court in vadilal panchal v. dattatraya dulaji air i960 sc 1113: ..... dismissing a complaint should be based on inference or facts arising from or disclosed by (1) the complaint; (2) the examination of the complainant; (3) the investigation, if any, made under the powers conferred by section 202 of the criminal procedure code.(vide mustafa rahim v. motilal chunilal : (1907)9bomlr742 .12. examining the first reason ..... persons would not be entitled to any notice, elaborate arguments were advanced by the learned counsel for the revision petitioner and the matter was heard fully.2. in his private complaint filed before the judicial second class magistrate of madurai, the complainant-revision petitioner has made the following allegations. he is the .....Tag this Judgment!
Court : Allahabad
Decided on : Feb-26-1976
Reported in : 39STC531(All)
..... was justified in dismissing the revision on the point that no application for condonation of delay had been moved, nor any medical certificate regarding the illness of sri mahavir prasad had been produced ?2. in the assessment year 1963-64, the dealer carried on business in bhang. no regular accounts had been maintained by ..... dealer had other employees as well. now, if one turns to section 182 of the contract act, an agent has been defined as being a person employed to do any act for another, or to represent another in dealings with a third person. section 186 lays down that the authority of the agent may be ..... expressed or implied. section 187 lays down that an authority is said to be expressed when it ..... is given by the words spoken or written, while it is implied when it is to be inferred from the circumstances of the case and things spoken or written or the ordinary course of dealings. it will thus be seen that under the contract act ..... are thus distinguished :an agent is to be distinguished on the one hand from a servant,and on the other from an independent contractor.a servant acts under the direct control and supervision of his master and is bound to conform to all reasonable orders given him in the course of his work .....Tag this Judgment!
Court : Orissa
Decided on : Jul-28-1976
Reported in : 42(1976)CLT1035; 1977CriLJ700
..... and the appeal was lying before the sessions judge. the case had been sent back for recording the evidence of the investigating officer and the medical officer to be transmitted to the sessions judge for disposal of the appeal. in this context, the trying court has no part to play excepting ..... prosecution witnesses were to deposit rs. 170/-and had only deposited rs. 50/-. it is not disputed that the appellant had issued summons to the medical officer on 18-11-1968 although the witness batta for him had not been deposited. it is also not disputed that the appellant proceeded on ..... 1966. the learned sessions judge accepted the contention and sent back the case for taking additional evidence of only the i.o. and the medical officer who had admittedly in the meantime retired. therefore, the office put up a note that a sum of rs. 170/- need be deposited by ..... , an appeal was preferred before the sessions judge, puri. while hearing the same, a contention was raised on behalf of the convicted appellants that the medical evidence and the evidence of the i.o. were very much necessary for disposal of the appeal arising out of g.r. case no. 58 of ..... , sub-section (1) of the prevention of corruption act.(hereinafter referred to as the act) is applicable. his categorical findings are : (i) the attempts to establish a fitting background for payment of illegal gratification clearly fail; (ii) the case of the prosecution that the accused demanded and accepted on a previous occasion rs. 20/- .....Tag this Judgment!
Court : Supreme Court of India
Decided on : May-06-1976
Reported in : AIR1976SC1924; 1976CriLJ1521; (1976)3SCC629; SuppSCR587
..... ) at farrukhabad at about 4 p.m. on the very day. the appellant shyam narain was arrested at about 2-40 p.m. on the same day under section 122 of the railway act for crossing the railway lines at fatehgarh.5. the appellants denied the charge that they had committed the murder of ram ..... impact on the case of the prosecution, which has been overlooked by both the sessions court and the high court.13. while we are on the medical evidence it would be appropriate to mention that there was no tatooing or charring on any of the firearm injuries which, according to the doctor, shows ..... before it not only the appeal filed by the accused but also a reference made by the sessions court for confirmation of the capital sentence under section 374 of the crpc. time and again this court has pointed out that on a reference for confirmation of the sentence of death, the high ..... by pellets. this shows that whereas injury no. 1 was caused by a firearm in the nature of a rifle, injuries 2 and 5' were caused by an ordinary gun. the medical evidence thus falsifies the eye-witnesses' account according to which, the appellant subhash alone was armed with a double-barreled gun, ..... chest. this explanation is an afterthought and in the circumstances difficult to accept. thus in another important respect, the medical evidence falsifies the case of the prosecution.14. there is another aspect of the medical evidence which, though, not as important as the two aspects mentioned above, may also be referred to. the case .....Tag this Judgment!