Court : Allahabad
Decided on : Oct-05-1977
Reported in : AIR1978All356
..... to muzaffarna-gar. it was being driven by the defendant respondent no. 2. ram kumar. an accident involving this bus took place near the municipal toll barrier of muzaffarnagar. the plaintiff sustained injuries due to this accident. certain other consequences resulted directly as a result of this accident causing injury ..... , d. k. lakshmiah v. union of india (air 1969 andh pra 386), subbraratham v. gunavanthalal (air 1937 mad 472), n. rak-shit v. commr. bhardeshwar municipality, ((1969) 73 cal wn 88) and bore gowda v. b. nagaraju, (air 1969 mys 8). similarly, controversy about the damages, if any, to be awarded to ..... am quoting the following para from the trial court's judgment: 'she has stated that she was the daughter of the late chief justice of punjab high court who was for some time a member of privy council also. her husband was a retired executive engineer of the railways and had ..... in : air1977all330 the division bench laid down as follows :-- 'coming to the second part of the contention, the relevant section in the motor vehicles act regarding awarding of compensation is section 110-b. it only states that the claims tribunal shall, after giving the parties an opportunity of being heard, hold ..... for a tort are those which 'so far as money can compensate, will give the injured party reparation for the wrongful act and for all the natural and direct consequences of the wrongful act '(admiralty commrs. v. susquehanna (owners), (1926) all er 124 of p. 127). the words 'so far as .....Tag this Judgment!
Court : Kolkata
Decided on : Oct-05-1977
Reported in : AIR1978Cal65,48CompCas649(Cal),82CWN61
..... 18. mr. chakraborty, appearing for the appellant, has placed strong reliance on some of the recent decisions of the supreme court in chanan singh v. registrar co-operative societies, punjab, : (1976)iillj98sc , disciplinary proceedings against an employee were dropped by an enquiry officer who was not competent to impose the punishment. the proceedings were revived by the competent ..... foreign exchange: it was necessary to ensure that foreign exchange resources were conserved in the national interest until it was possible to dispense with exchange control altogether. the act was also making provisions for departmental inquiry and adjudication of foreign exchange offences by appropriate authorities. the whole idea, therefore, was to see that the country's foreign ..... established channels of trade. legislation was, therefore, necessary to give the central government powers to continue to control all transactions in foreign exchange, securities etc. the original act was a temporary one but it has been found that india continued to be short of foreign exchange end it was difficult to visualise that in any foreseeable future ..... ) ) 'inter-connected undertakings' (section 2(g)) and 'monopolistic undertakings' (section 2(j)); but there is no definition of 'larger industrial houses' either in mrtp or any other act. the expression 'larger industrial houses,' according to mr. ray, is therefore vague and indefinite. 53. from the mass of evidence placed before us by mr. chakraborty it is clear that .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Oct-07-1977
Reported in : AIR1978AP121
..... to be smuggled were not really so. reasonable restrictions would be necessary to secure the efficiency and enforcement of valid law. in manohar lal v. state of punjab, : 1961crilj570a , the punjab trade employees act was questioned and its validity was upheld on the ground that the legislation is in effect the exercise of social control over the manner in which business should ..... not require a 'fanatical approach' to the problems of equality before the law. the view of bachawat j. ultimately prevailed in the case of m. chagganlal v. greater bombay municipality, : 1scr1 . alagiriswami, j., who spoke for the majority, after a review of the earlier cases, expressed the opinion that, when there are two provisions in the ..... form the association is affected unless, of course, that freedom implies or involves a guaranteed right to recognition also.'28. in d. a. v. college, jullundur v. state of punjab, : air1971sc1737 an association of arya samaj is contended that their compulsory affiliation to the guru nanak university affected the aims and objects of the association and therefore the freedom to ..... particular interest of individuals who are directly concerned with the societies. similar view was expressed by the supreme court while construing the words 'public purpose' in somawanti v. state of punjab, : 2scr774 . having regard to the policy underlying the object sought to be achieved, the contention that the expression 'for any other reason in the public interest' will lead .....Tag this Judgment!
Court : Delhi
Decided on : Oct-18-1977
Reported in : AIR1978Delhi129; 1978RLR186
..... 25. in phuman v. state of punjab (1963) 2 pun 442, the reference made under s. 18 of the act was held to have abated on the death of the person interested. the contention that the court under the ..... instituted by presentation of a plaint that the applications of the liquidators would not be 'suit' within the meaning of 9 3 of the limitation act, 1908; and that applications by the liquidators could not be dismissed as being a suit instituted' after the prescribed period of limitation. the ratio ..... provisions of order 22 to the proceedings on a reference application before the court it is futile to contend that the provisions of the limitation act would not be applicable for filing an application under the aforesaid provision of law for bringing on record the legal representatives of the deceased claimant. ..... and addresses of the legal representatives of the deceased claimant to enable the court to issue fresh notices to them under s. 20 of the act. in the premises the bench held that the reference proceedings. not being suit proceedings and the code being not applicable proprio vigore to those ..... on case state bank of hyderabad v. vasudev anant, : (1969)iillj713sc and town municipal council athani v. presiding officer, labour court, hublk air 1969 sc 1334 wherein it was observed that article 137 of thti'liqi1tation act, 1963, applies to applications presented to courts governed by the. code and that industrial .....Tag this Judgment!
Court : Delhi
Decided on : Oct-24-1977
Reported in : AIR1978Delhi114; 14(1978)DLT8; 113ITR389(Delhi)
..... case of marimuthu nadar (supra), nayudu, j. was dealing with a suit where no validity of any right to property was involved. what was involved was the validity of a municipal scheme regarding properties.(51) in the case of nariman k. irani decided by the division bench (supra). mack, j. who spoke for the bench was at pains to point out ..... the present suit is in relation to property as contemplated by the second proviso is fortified by the view taken in the decision reported as full bench decision of the punjab high court reported as (47) the learned counsel for the appellants, however, referred to the decisions reported in (48) it will be noticed that in the case of onkar nath ..... relief, which would follow directly from the declaration given, the valuation of which is not capable ef being definitely ascertained and which is not specifically provided for anywhere in the act and cannot be claimed independently of the declaration as a 'substantial relief.'(35) we are in complete agreement with the meaning of the expression 'consequential relief' given by the ..... court looking at the substance of the reliefl asked for.(32) section 7(iv)(c) without the second proviso reads as under: '7.the amount of fee payable under this act in the suite next hereinafter mentioned shall be computed as follows:- (ii)........................ (iii)........................ (iv)in suits (a)..................... (b)..................... (c)to obtain a declaratory decree or order, where consequential refief is .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Nov-08-1977
Reported in : AIR1978SC68; (1977)4SCC608; 2SCR1
..... by the union government on a recent decision of the supreme court in state of rajasthan and ors. v. union of india : 1scr1 . the states of rajasthan, madhya pradesh, punjab, bihar, himachal pradesh and orissa filed suits under article 131 of the constitution against the union of india challenging a directive contained in a letter dated april 18, 1977 issued ..... necessarily contain as contrasted with ordinary law. to support this submission, a passage was cited from the judgment of wanchoo j, in i. c. golaknath and ors. v. state of punjab and anr. : 2scr762 which contains the following question from ivor jennings on 'the law and the constitution' 1933 edn. 51 :a written constitution is thus the fundamental law of ..... constructions may be reasonably possible, is that it should adopt one which harmonizes rather than one which produces a conflict between constitutional provisions (see : i. c. golaknath v. state of punjab : 2scr762 ; k.k. kochuni v. state of madras & kerala : 3scr887 ; mohd. hanif v. state bihar : 1scr629 ; state of m.p. v. ranojirao shinde : 3scr489 ; prem ..... minister, shri m. v. ghorpade, in contravention of land grant rules and the provisions of the land reforms act and the land revenue acts.15. whether any misuse of power was committed, or any corruption committed by shri d. k. naikar, minister for municipal administration, with regard to the grant of land to boroka textile milles in hubli-dharwar corporation area.annexure iiwhether .....Tag this Judgment!
Court : Rajasthan
Decided on : Nov-08-1977
Reported in : AIR1978Raj72
..... afford a basis upon which the petitioner would be entitled to any relief. somewhat in similar circumstances, the supreme court in tara chand khatri v. municipal corporation of delhi, air 1977 sc 567, upheld the order of the high court dismissing a writ petition in limine though it contained allegations of mala ..... 174(2) of the constitution and re-summoned the assembly. this prorogation was held to be valid by hon'ble the supreme court in state of punjab v. satyapal (air 1969 sc 903); (ii) reservation of the bill for the consideration of the president the second proviso to article 200 of ..... than the council of ministers. secondly, there are general discretionary powers, which are quite implicit, for instance (i) summoning and proroguing the assembly. in punjab, when speaker jogender singh man adjourned the assembly on march 7, 1968 for a period of two months during budget sessions, the adjournment of legislative ..... state is the governor just as the president stands at the head of the executive power of the union. in ram jawaya kappor v. state of punjab, air 1955 sc 549, mukherjea, c. j. observed at p. 556,--'our constitution, though federal in its structure, is modelled on the british ..... of the president, the word 'president' means the council of ministers : samsher singh v. state of punjab, air 1974 sc 2192. he referred to section 3 (8) (b) of the general clauses act for the submission that the central government is the president. he drew a distinction between elective and non-elective .....Tag this Judgment!
Court : Delhi
Decided on : Nov-09-1977
Reported in : 14(1978)DLT1; ILR1978Delhi129
..... bench (jagjit singh andm. s. joshi, jj) by their order of reference dated august ii. 1975.for decision of the full bench : 'whetherholding one or more shares in the municipal corporation cooperative stores limited or in any other cooperativesociety or company, engaged in the manufacture, importor sale of any article of food, amounts to having financialinterest in the manufacture, import ..... to sub-section (1) of section 9 in relationto the appointment of food inspector, the decision of the learnedjudges of the division bench of the cricuit bench of the punjab highcourt related to the interpretation of an identical proviso to section 8 in relation to the appointment of a public analyst.(5) the relevant provisions of sections 8 and 9 ..... or being a judge in its own cause or legal bias. boththe public analyst and the food inspector perform important duties in relation to satisfactory enforcement of prevention offood adulteration act and also any prosecution there under.where a person with prescribed qualifications is made non-eligibledue to financial interest and, thereforee, bias on that account, there isno measure to ..... or sale of articles offood for purposes of the proviso to sub-section (1) ofsection 9 of the prevention of food adulteration act,1954'.(2) lala bishambar dayal, learned counsel for the appellant inthe criminal appeal out of which the present reference has arisen,raised a preliminary objection that the reference itself is .....Tag this Judgment!
Court : Delhi
Decided on : Nov-09-1977
Reported in : AIR1978Delhi174
..... statement by way of preliminary objections urged that the suit was barred in view of ss. 477 and 478 of the delhi municipal corporation act, 1957, (herein called 'the act'); that the petitioner has no locus stand to file the suit; and that the suit as framed is not maintainable. on merits ..... it would be appropriate to dispose them of by a single judgment,2. briefly stated the facts pertaining to these revision petitions are as follows: the municipal corporation of delhi (herein called 'the corporation') held an auction on 21st oct., 1973, for allotment of kiosks situated near bus stop, parade ground, ..... run away in peril.36. reliance on lallu yeshwant singh v. rao jagdish singh air 1968 sc 620 and mohan lal v. state of punjab 1970 ren c j 95 is wholly misplaced, the former case dealt with tenancy rights while the latter case pertained to lease rights. it was ..... rightful owner who may try to dispossess them. this submission was sought to be reinforced on the basis of case in puran singh v. state of punjab : air1975sc1674 . reliance then was placed on a branch decision of east punjah high court in state of patiala and e p. states union v ..... retain possession against the corporation, having only the personal privilege to carry on their business which otherwise without the permission granted by the corporation would be an unlawful act. these well-settled principles - find support from satwant singh v. assistant passport officer, new delhi : 3scr525 ; associated hotel's case :  .....Tag this Judgment!
Court : Mumbai
Decided on : Nov-18-1977
Reported in : 120ITR792(Bom)
..... rents were accounted for. the tenants vacated the portions in their occupation and thereafter the whole property was occupied by the firm. in the subsequent year the municipal taxes were debited to the firm's profit and loss account and were allowed as business outgoing. no depreciation was claimed on the property in any of ..... help mr. joshi. 18. mr. joshi next referred to the decision given by the full bench of the lahore high court in b.c.g.a. (punjab) ltd. v. cit . the relevant observations of the full bench are in connection with questions no. 4 and 5 dealt with at pages 304 to 307 of ..... reference by the tribunal simpliciter under s. 66(1) but at the instance of the high court under s. 66(2) of the indian i.t. act, 1922. in order to satisfy our conscience we went through the income-tax application made by the assessee for the purpose of the reference, being income-tax ..... write-off the assessee continued to proceed with the suit, obtained a decree on admission and addressed letters giving notices under s. 434 of the companies act and to the registrar of companies. from the prosecution of the suit and obtaining the decree it will not follow that the assessee was realising the claim ..... it was a possible view which did not call for interference in the limited jurisdiction of the high court under s. 66 of the indian i.t. act, 1922. both counsel attempted to support their respective contentions by reference to several authorities to which it will now be necessary to refer. 9. the first .....Tag this Judgment!