Court : Andhra Pradesh
Decided on : Feb-24-1976
Reported in : 1988(37)ELT25(AP)
..... as providing an extensible limit and not a maximum limit, and the provision of sub-section (2) of section 124. (corresponding to article 258(2) of the constitution) as affording a means of such extension.'in bonanza creek gold mining co. ltd. v. rex (13) a.i.r. 1916 p.c. 193 the extent of the executive power under the constitution of canada came up ..... books for the use of students may be regarded as an executive function of the state government; chief justice mukherjee observed:'it may not be possible to frame an exhaustive definition of what executive function means and implies. ordinarily the executive function means and implies. ordinarily the executive power connotes the residue of governmental functions that remain after legislative and judicial ..... .r. 1945 p.c. 156) the federal court had to consider the scope of the executive power of a state under section 49(2) of the government of india act, 1935 corresponding (sic)ew of the federal court was that section 49(2) limited the executive power to matters (sic)ith respect to which a provincial legislature had power to make laws and the defence ..... president entrusting the consent of the state government of bombay, to the commissioners of divisions in the state of bombay the functions of the central government under the land acquisition act, 1894 is relation to the acquisition of land for the purposes of the union within the limits of the territorial jurisdiction of the state commissioners, subject to the said control .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Aug-24-1976
Reported in : AIR1976SC2591; [1977(34)FLR392]; (1977)0GLR3; (1977)GLR223(SC); (1976)4SCC108; 1SCR372; 1976(8)LC783(SC)
..... question was not available for such grant by reason of its having been reserved by the state government for any purpose.6. we have gone through sub-sections (2) and (4) of section 17 of the act to which our attention has been invited by mr. sen on behalf of the appellants for the argument that they are the only provisions for specifying the ..... in pursuance of its exclusive power to make laws with respect to the matters enumerated in entry 54 of list i in the seventh schedule, parliament specifically declared in section 2 of the act that it was expedient in the public interest that the union should take under its control the regulation of mines and the development of minerals to the extent provided ..... the rules. the high court therefore went wrong in not appreciating that even though the field of legislation had been covered by the declaration of the parliament in section 2 of the act, that could not justify the inference that the state government thereby lost its right to the mitieralr which vested in it as a property within its territory. the high court ..... mines thereof, vest in the state of gujarat and no person has any right to exploit it otherwise than in accordance with the provisions of the act and the rules. section 10 of the act and chapters ii, iii and iv of the rules, deal with the grant of prospecting licences and mining leases in the land in which the minerals vest in the .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Nov-29-1976
Reported in : AIR1977SC640; (1977)1SCC791; 2SCR250
..... and have to be dismissed in view of the amendment introduced in section 7 of the punjab customs (power to contest) act, 1920 (act 2 of 1920) by the punjab custom (power to contest) amendment act, 1973 (act 12 of 1973) which has been given a retrospective operation by sub-section (2) of section 1 of the amending act. this contention is, in our opinion, wholly misconceived and cannot be ..... allowed to prevail as it overlooks the savings clause contained in section 4 of the punjab custom (power to contest) act, 1920 (act 2 of 1920) which has been left untouched by the punjab custom (power to ..... punjab high court had proceeded on the obviously erroneous assumption that the learned single judge had decided the appeals only by giving the appellants the benefit of section 14, sub-section (1) of the limitation act. it had overlooked completely the very first ground of decision of the learned single judge and also the condition imposed by the learned judge on the application ..... , which would manifestly be contrary to the fact in almost all instances.10. this case was followed' by a division bench of the bombay high court as far back as 1916 in jayawant jivanrao deshpande v. ramchandra narayan joshi : air1916bom300 .11. a similar view was taken by the privy council in lalchand marwari v. ramrup gir 53 ind app 24 where .....Tag this Judgment!
Court : Kerala
Decided on : Aug-18-1976
Reported in : AIR1977Ker41
..... any kind of evidence, and there is nothing in the section to indicate that the evidence furnished by the registration certificate by virtue of sub-section (2) of section 60 of the registration act and by the presumption in illustration (e) of section 114 of the evidence act, is to be excluded.' we have no hesitation in ..... only to one son. after thirty years after the exe-cutee and executor are dead and also most of the persons who could have given definite evidence regarding the same out of the scene, we do not think that on such factors based on surmises and conjectures the court could invalidate ..... in the case of a gift inter vivos is the same as in the case of a contract. it is embodied in section 16 of the indian contract act. sub-section (1) of section 16 defines 'undue influence' in general terms. it provides that to constitute 'undue influence' two basic elements must be cumulatively ..... certificate as sufficient proof and, where better evidence is available, can insist on better evidence, drawing the presumption in illustration (g) of section 114 of the evidence act against the party who withholds this better evidence.xx xx xxwith great respect i think that the attempt made in indernath modi v. nand ..... would have given away all her properties to any one without leaving an inch of land in her possession. we do not find such a degree of improbability in the transaction to force us to hold that the lady would not have executed these documents, without other convincing evidence on the .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Dec-17-1976
Reported in : AIR1977SC796; 1977CriLJ566; (1977)1SCC816
..... prosecution was justified in invoking the applicability of the presumption contained in sub-section (3) of section 5 of the prevention of corruption act, 1947. that sub-section provides that in any trial of an offence punishable under sub-section (2) of section 5, namely, the offence of criminal misconduct committed by a public servant ..... be on the accused and if he fails to discharge the burden, he would be liable to be convicted for the offence under sub-section (2). both the special judge as well as the high court convicted the appellant with the aid of this presumption though the specific charges leveled ..... be said to be an asset belonging to the appellant, since there was no legal evidence led on behalf of the prosecution which would establish definitely that the consideration for the purchase of these national savings certificates was provided by the appellant.30. that leaves, from amongst the major items ..... beyond raising suspicion and doubt in the mind of the court, the prosecution has not been able to adduce any legal evidence of a definite character which would establish the benami character of this bank account. on the contrary, the evidence led on behalf of the appellant shows that ..... always rests on the person asserting it to be so and this burben has to be strictly discharged by adducing legal evidence of a definite character which would either directly prove the fact of benami or establish circumstances unerringly and reasonably raising an inference of that fact. the essence .....Tag this Judgment!
Court : Delhi
Decided on : Sep-22-1976
Reported in : 12(1976)DLT369
..... in the delhi rent controlact, 59 of 1958 (hereinafter referred to as 'the act'). these revisionsraise common questions of law of general importance and are, thereforee,taken up for decision together.(2) the amending act has, besides expanding the definition oftenant in clause (1) of section 2 of the act, inserted a new section 14a and also prescribed a summary procedure for trial of certain applications by addition ..... of chapter iiia and insertion of sections 25a and 25b in it. section 25a applies the provisions of chapter iiia notwithstanding anything inconsistent ..... in the act or elsewhere in any other lawfor the time being in .....Tag this Judgment!
Court : Allahabad
Decided on : Nov-16-1976
Reported in : AIR1977All79
..... been referred to this court for decision on the following questions:--1. whether the document is a lease for a period of 3 years within the meaning of section 2(16)(c) of the stamp act. 2. if so, whether it is a lease in consideration of a premium of rs. 93,000/-and is chargeable with a duty of rupees 4,185/- under ..... lease is granted or renewed. in the central provinces, it is usual when nazrana is taken to take also a periodical rent. the term 'rent' as defined in section 2 (8) of the tenancy act may include a nazrana.'13. in view of the pronouncement of the supreme court, the legal position in quite clear. when the interest of the lessor is parted ..... bidder, and sri v. d. singh, standing counsel, for the board of revenue, conceded that the instrument in question is a document of lease. ah the ingredients of section 2(16) of the indian stamp act are fully satisfied in this case and it is conceded by both the parties that the document in question is certainly a lease within the meaning of ..... section 2(16)(c) of the indian stamp act.9. the answer to the second question hinges on the interpretation of the instrument in question. if once it is accepted that the instrument in question amounts to .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Jan-22-1976
Reported in : AIR1977AP348
..... deed. but, where it is given with a view to make provision for a dependent, it falls within the definition of a settlement deed as contained in s. 2(24)(b) of the indian stamp act which reads as follows:'s. 2 (24) 'settlement': settlement means any non-testamentary disposition, in writing, of moveable or property (whether by ..... the evidence of d. w. 5 that the testator was suffering from fever and he was running 101 or 102 degrees temperature, and was not in a position to move about. d. w. 2 is an ayurvedic medical practitioner who was attending on him. d. w. 3 who is the scribe of the will, states that it ..... from raising that question in the appeal. there are, however, two hurdles in the way of accepting this contention. this court held in c.r.p. 1916/69 that the document was admitted in evidence and once the document is admitted in evidence, the court had no further jurisdiction to impound it and send to ..... of his second wife, who was his dependent, immediately, and only postponed the enjoyment thereof till after his death.14. in the c.r.p. (no. 1916 of 1969), which was allowed by this court, as already mentioned, two questions were raised - (1) that the document is a settlement deed and not a gift ..... court in disposing of c.r.p. no. 1916/69 merely decided the question of admissibility of the document and did not hold that the court had also acted upon it.20. in h.s. ltd. v. dilip construction co. (air 969 sc 1238) it was held that: 'by that section (s. 36) an instrument once admitted in .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Feb-10-1976
Reported in : AIR1976P& H262
..... permitted by rules or bye-laws made under this act. the legislature in this provision also made it clear that all market charges shall be paid by the buyer.9. at this stage mr. ashri, learned counsel for the petitioners, after referring to the definition of 'trade allowance' as contained in section 2 sub-section (s) urged that the term 'trade allowance' ..... charges' in the definition of the act of 1961 stood included in ..... act of 1961, trade allowance was defined by section 2 (s) in the following terms:--'(s) 'trade allowance' includes an allowance having the sanction of custom in the notified market area concerned and market charges payable to various functionaries.'13. a comparative study of the two definitions would show that what was termed 'market ..... contention, it may be useful to recapitulate here a bit of the history of the expression 'trade allowance'.11. in the punjab agricultural produce markets act, 1939, the expression 'trade allowance' was defined by section 2 (g) in the following terms:--'trade allowance' includes such allowances as have the sanction of custom in the notified area concerned,'12. in the market .....Tag this Judgment!
Court : Delhi
Decided on : Dec-07-1976
Reported in : 48CompCas190(Delhi); 33(1977)DLT1; ILR1977Delhi337; 1977RLR171
..... the present petition involves many substantial questions, not one of the first three respondents have put in appearance. initially, this court ordered the issue of summons under section 477 of the companies act, 1956 to respondents 2 to 6 and an ordinary notice to respondent no. 1. there was no service. then the court ordered that the notice be issued to respondents nos ..... ings in the suit or other legal proceedings, not being proceedings in execution. undoubtedly, proceeding in execution is also a legal proceeding which would be stayed under section 446 of the companies act. however, the act has provided an additional safeguard in such cases to the effect that if a sale or attachment takes place after the winding up order then it is ..... might have known that the winding up order had been passed but thought that the proceedings could continue. tn other words, the court wrongly interpreted the provisions of section 446 of the companies act. thirdly, the court might have been wrongly informed that the leave had a been granted or might have assumed that leave to continue the suit had been granted ..... . (12) in some other cases, buldeo narain singh v. united india bank ltd., a.i.r. 1916 pat 47, s. krishnamachariar v. the hanuman bank ltd., (in liquidation), tanjore, : air1963mad308 , it was held either under section 171 of the old act or section 446 of the new act that if proceedings were taken in execution, they would be void. although in the latter madras judgment .....Tag this Judgment!