Court : Supreme Court of India
Decided on : Aug-23-1972
Reported in : AIR1972SC2607; 1973CriLJ49; (1972)2SCC637; 1SCR923; 1973(5)LC356(SC)
..... by one budh ram and one a.k. bhattacharya.2. on march 1.5, 1967, wit. f. dean, a food inspector in the employment of the municipal corporation of delhi, went to the said shop and purchased 'patisa' which were sold to him by the appellant. these were sold to him from a lot ..... the order awarding the said fine was not interfered with.4. against that order, the municipal corporation filed a revision petition in the high court urging that in view of the mandatory provisions of section 16 of the act providing for the compulsory minimum sentence, the additional sessions judge ought not to have interfered with ..... the trial magistrate. the only point raised by him was that the appellant should be given the benefit of section 4 of the probation of offenders act, 1958 under which the sentence of imprisonment awarded to the appellant could be dispensed with and an admonition should instead be given to him.6. in ..... which was handed over by him to the appellant.3. on an analysis of the sample by the public analyst appointed under the prevention of food adulteration act, xxxvii of 1954 it was found that the patisa were prepared with unpermitted coal tar dye, and therefore, were adulterated food stuff. a complaint to ..... a recent decision in isher das v. punjab : 1972crilj874 to which two of us were parties, it was held on a consideration of section 18 of the probation of offenders act that its operation is not excluded in cases of persons found guilty of offences under .....Tag this Judgment!
Court : Delhi
Decided on : Nov-24-1972
Reported in : ILR1973Delhi791
..... and (2) cr. r. no. 51/68 municipal corporation of delhi vs. chela ram decided on 16th march 1970 by one of us. (17) for the reasons stated above, we are of the view that the ..... a) will not apply to an article of food which is adulterated under section 2(i)(b). this view finds support in two decisions of this court (1) municipal corporation of delhi vs. ram labhaya, cr. a. no. 19/66 decided on 18th august, 1970(4) by s.n. shankar and s. rangarajan, jj. ..... judge, on 9th june. 1966. the learned additional sessions judge allowed the appeal of both the respondents and quashed their conviction and sentence. the municipal corporation of delhi has come in appeal to this court under section 417 of the criminal procedure code against the order of acquittal of the respondents passed by the ..... per cent. (4) on receipt of the reports of the public analyst, the assistant municipal prosecutor filed two complaints against the respondents under section 7 read with section 16 of the prevention of food adulteration act. both the complaints were consolidated at the stage of the defense evidence and were disposed of ..... 1) ram murti and pyare lal respondents were tried in the court of shri r.p. punjab magistrate first class, delhi. on the charge under section 7 read with section 16 of the prevention of food adulteration act. the trial magistrate found both the respondents guilty of the offence charged with an sentenced the first .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Sep-20-1972
Reported in : AIR1973P& H263
..... purchaser could challenge the notification or not, the observations are contained in paragraph 17 to the following effect:--'it was urged on behalf, of the municipal committee, bhatinda that the three appellants were purchasers of the lands claimed by them after the notifications under section 4 was issued and they had ..... year 1959 by the state government of punjab under section 4 of the act to the effect that the land specified in the schedule was required for the construction of mall road leading from the railway station, ..... writ petition. this matter is not respondent integra and has been finally settled by their lordships of the supreme court in sm. gunwant kaur v. municipal committee, bhatinda, air 1970 sc 802. this case also gives support on the first point. a notification was issued in this case in the ..... and it is stated that later on he raised some building thereon. when the possession was taken in 1971, he filed civil writ no. 1911 of 1971 challenging the acquisition proceedings, which was dismissed by the learned single judge and he has come up in appeal under clause 10 of the ..... nearly four years from the original notification. annexure 'd', nothing happened till 30th march, 1962, when the notification under section 6 of the land acquisition act, 1894. was issued indicating the boundaries of the property that was required to be acquired. though in the copy. annexure 'e', khasra number is not .....Tag this Judgment!
Court : Delhi
Decided on : Feb-10-1972
Reported in : 1972CriLJ1433; 8(1972)DLT246
..... was not present at the time when the offence took place. in this connection our attention was invited to a bench decision of the punjab high court in municipal committee, amritsar v. buta singh 1966 plr 146 where it was held that under section 17 it was the duty of the prosecution ..... liable to be proceeded against and punished accordingly. the judgment makes it plain that natural persons are made vicariously liable for an offence under the act when it is established that the offence was committed by a company or firm and these persons had some nexus with the crime either because ..... answer to a question in his examination under section 342 criminal procedure code, shri bhagwan dass admitted that the firm was registered under the delhi shops and establishments act, 1954 and his case was that he had left it after about two months because his terms were not settled with the other partner. in ..... bhagwan dass severed his connection with the partnership and thereforee wanted a change in the constitution of the firm and in the certificate issued under the act it was his duty to have given intimation to the chief inspector under section 6, particularly when the copy of the original form showed that ..... partners. shri bhagwan dass denied all the allegations made against him but he admitted that the firm was got registered under the delhi shops and establishments act, 1954. he however submitted that he had ceased to be a partner a couple of month's thereafter. the learned magistrate took the view that .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Sep-22-1972
Reported in : AIR1973P& H295
..... exact grounds on which he has contested the election of respondent no. 4 are not disclosed. section 13-o of the punjab gram panchayat act, 1952 which gives the grounds on which an election can possibly be set aside is reproduced below:--'13-o grounds for setting aside elections. (1 ..... ruling in chief commr. ajmer v. radhey shyam dani, 1957 scr 68=(air 1957 sc 304) in this connection. that was a case relating to municipal elections and no proper electoral rolls were found to have been maintained or prepared. their lordships of the supreme court were pleased to observe as follows:--'it ..... that a civil writ is not the proper remedy as only an election petition could have been filed under section 13-b of the act read with r. 42 of the punjab gram panchayat rules, 1960. one such election petition was described to have been filed by ram singh, the other defeated candidate. the ..... legislative assembly.2. according to rule 2(e) of the gram panchayat election rules, 1960, framed by the punjab government in exercise of the powers conferred by section 101 of the punjab gram panchayat act 1952, an 'elector' means a person who is entered in the electoral rolls for the state legislative assembly, ..... has to be taken by the officers appointed in that behalf by the election commission under ss. 13-a and 13-b of that central act. the revision of the electoral rolls is a process which contemplates that claims of persons who may have acquired the right to vote and objections .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Sep-11-1972
Reported in : AIR1973SC66; (1973)1SCC51; 2SCR166
..... or panchayat.section 3 of the act deals with what is unauthorised occupation of public premises. that section says :for purposes of this ..... property on the ground that they were in unauthorised occupation of public premises within the meaning of section 3 of the act; (2) that section 10e of the punjab public premises and land (eviction and rent recovery) amendment act, 1969, which barred the jurisdiction of the civil court to entertain a suit for recovery of possession of public premises ..... the issue of an appropriate writ or order quashing a notice dated june 21, 1961, issued under section 4(1) of the punjab public premises and land (eviction and rent recovery) act, 1959, hereinafter called the 'act', directing the 2nd appellant to show cause why an order of eviction should not be passed against him in respect of the ..... (d) of the act defines 'public premises' as under :public premises means any premises belonging to, or taken on lease or requisitioned by, or on behalf of, the state government, or requisitioned by the competent authority under the punjab requisitioning and acquisition of immovable property act, 1953, and includes any premises belonging to any district board, municipal committee, notified area committee .....Tag this Judgment!
Court : Delhi
Decided on : Dec-08-1972
Reported in : ILR1973Delhi634
..... law not voilated article 31, it would not require to be saved. the constitution, thereforee, corroborates our view. as also, the cases: municipal committee, amitsar and others v. the state of punjab and another : 2scr375 state of kerala, etc. v. very rev. mother provincial, etc. 0065/1970 : 1scr734 and ..... cases cited would justify such an order. (43) those cases do, however, support the contention of the petitioner that the respondents were bound to act in accordance with the cod by which, on their own showing, they were bound. we have held that the letters impugned by the petitioners were ..... article could not have effect before it was published and, alternatively, did not have retrospective effect. we were also addressed on the question whether the acts of the respondents considered cumulatively indicated mala fides. it would be pointless to go into all those questions in view of the conclusions we have ..... law. in. katra education society, allahabad v. state of uttar pradesh and others : 3scr328 a provision of the u.p. intermediate education act 1921 enabling temporary deprivation of management of instigtutions was held to be valid because it was a law', although art. 31a (1)(b) of the ..... the hard and long hours of work at the school. for this purpose he approached s.k. jagnani, whom he describes as the 'acting president', as this gentleman usually presided over the meetings of the managing committee and was looking after the affairs of the school. jagnani complained .....Tag this Judgment!
Court : Rajasthan
Decided on : Jan-31-1972
Reported in : AIR1972Raj168; 1972()WLN92
..... ii of schedule vii of the constitution reads as follows,--'5. local government, that is to say, the constitution and powers of municipal corporations, improvement trusts, district boards, mining settlement authorities and other local authorities for the purpose of local self-government or village administration.'in ..... was argued by mr. tewari that the effect of the amendment of section 9 of the parent act is only to do away with the representatives elected by the municipal council, otherwise in substance the constitution of the trust is the same and there is not ..... petitioner k. n. joshi, who was the member of the urban improvement trust, jodhpur, having been elected to that body by the municipal council, jodhpur. the main grounds of challenge are,--(1) that the governor while promulgating the ordinance did not place it for consideration before ..... is thus always question of power ...... if the constitution of a state distributes the legislative powers amongst different bodies, which have to act within their respective spheres marked out by specific legislative entries, or if there are limitations on the legislative authority in the shape of ..... any material alteration in the constitution thereof.4. mr. bhargava, appearing on behalf of the petitioner, has placed reliance on the following authorities in support of his arguments:-- ratan roy v. state of bihar, air 1950 pat 332; state of punjab .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Oct-06-1972
Reported in : AIR1973P& H470
..... institute a suit or initiate an action in a court of law necessarily depends on the procedural and municipal law of a country, it has all along been recognised by jurists and by the highest courts than an institution in the sense of fictitious corporation composed of an idea ..... institution i.e., independently of the building of the mutt or the building of the mosque itself. it is, therefore, nothing strange that the punjab legislature while using the word 'gurdwara' in some parts of the act intended therein to refer to the institution of the gurdwara and not to the physical gurdwara of brick and mortar.' 4. this dictum is in ..... its manager. reliance in this connection was placed upon the following observations of the full bench of this court in mahant lacahman dass chela mahant ishar dass v. state of punjab, ilr (1968) 2 punj 499 (fb): 'from the above discussion of the law on the subject it is clear that though juristic personality carrying with it the locus standi to .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Apr-25-1972
Reported in : AIR1973P& H358
..... petitioner nor was any decision taken thereon. on october 9, 1970, the impugned notification, dated september 30, 1970, under section 6 of the act was published in the punjab government gazette (annexure 'b'). it was stated therein that the land was required for the aforesaid syndicate at the expense of the syndicate.3. ..... respondents, is to be paid by the company. in support of his contention, the learned counsel has referred to pandit jhandu lal v. the state of punjab air 1961 sc 343; and shyam behari v. the state of madhya pradesh, air 1965 sc 427.7. mr. r. k. chhibber, learned counsel ..... is alleged that under the influence of respondent 3, the state government (respondent 1) issued the impugned notification, d/- november,. 20, 1968, published in the punjab government gazette (copy annexure 'a') stating that the land specified therein was 'likely to be needed for the purpose and at the expense of ambala bus ..... the issuance of an appropriate writ in the nature of certiorari after quashing the notifications under sections 4 and 6 of the land acquisition act, 1894 (hereinafter called the act) and further proceedings on their basis.2. the petitioner is owner of 3/4th share of khasra no. 35/17/5 measuring 6 ..... marlas, and 1/2 share of khasra no. 35/17/3, measuring 2 marlas within the municipal area of ropar, respondent 3 (m/s. the ambala bus .....Tag this Judgment!