Court : Gujarat
Decided on : Nov-04-1974
Reported in : 100ITR97(Guj)
..... as the basis for levying a rate for purposes of local taxation; that basis was always there for centuries before the act of 1925 was passed.' 15. in motichand hirachand v. bombay municipal corporation, where the provisions of the bombay municipal corporation act were concerned, the supreme court said : 'it is a well-recognised principle in rating that both gross value and net annual ..... the building was being constructed for purposes of determining rateable value. mr. justice beg, after referring with approval to the decision of the supreme court in patel gordhandas hargovindas v. municipal commissioner, ahmedabad, as to special meaning of the word 'rate', quoted in paragraph 15 from the said decision as under : 'it will thus be clear from the various statutes to ..... . 1 as legal representative of late balabhai damodar, the letting value of the immovable property up to the assessment year 1961-62 was taken as the same as per the municipal valuation by the predecessor of respondent no. 1. it appears that the predecessor in office of respondent no. 1 had issued a notice for reassessment relating to assessment years 1960 ..... for deciding the case before it. the effect of the evacuee property ordinance of india has been considered by the supreme court in amar singh v. custodian of evacuee property, punjab, where the supreme court has held that an evacuee does not loss his ownership in the property and the law recognizes ultimate ownership subject to certain limitations. it is instructive .....Tag this Judgment!
Court : Delhi
Decided on : Mar-01-1974
Reported in : ILR1974Delhi81
..... plan and then in the master plan under preparation, it was necessary that the development should be by the delhi development authority, government agencies like the central public works department, municipal corporation of delhi and other local bodies, and also that the land after development should be sold on lease-hold basis with strict stipulations that the 'user' will not ..... it is customary for the government to make such provision.' (6) referring to the said definition, the supreme court pointed out in smt. somavanti and others v. the state of punjab and others, : 2scr774 , that it is an inclusive definition and not a compendious one and, thereforee, does not assist very much in ascertaining the ambit of the expression ..... in the counter to the rejoinder falsely, illegally and maliciously with .an intent to cover up the non-compliance of the mandatory provisions of section 5a of the land acquisition act that a reasonable opportunity of hearing should be given to the petitioners regarding their objections. a supplemental counter affidavit of shri krishan pratap, deputy secretary, delhi administration, dated july ..... particulars of the land. (19) in state of west bengal v. bhutnath chatterjee, : air1965cal620 a division bench held that the notification under section 4(1) of the land acquisition act need not specify correctly the area within which lands are proposed to be acquired, that what section 4(1) requires is that the notification should mention the 'locality' within which .....Tag this Judgment!
Court : Delhi
Decided on : Apr-30-1974
Reported in : 11(1975)DLT261
..... to other modes of publication, entered in the revenue records against the khasras of the particular lands affected: they may also bs entered in the municipal house tax records in respect of lands and properties which are subject to assessment of house-tax. very frequently, the purchasers of the ands in ..... planned development of delhi has uniformally been considered a good public purpose by the previous authorities of the circuit bench of the high court of punjab as well as this court. in friends housing society's case, i had found the purpose to be vague on account of paucity of ..... and other circumstances of the case, the government finally decides to acquire the land and then it publishes a declaration under section 6 of the act. this is what is known as declaration of acquisition. the effect of the declaration is that the fact that the land is needed for ..... interested in the land to raise objections under section 5a oftheact. secondly the notification authorizes the departmental authorities to survey and do all other acts in entering upon the land. this notification also fixes the date on which market value of the land is to be determined for purposes of ..... in february, 1958, the collector issued notices for requisition or the superstructures standing on the land in dispute under the requisitioning and acquisition of immoveable property act 30 of 1951 these notices were issued not to the petitioner but to the previous owners. the petitioner, however, filed objections (copy annexure 'd') .....Tag this Judgment!
Court : Delhi
Decided on : Jun-07-1974
Reported in : ILR1974Delhi596; 1975LabIC702
..... member of incorporated body makes the meeting invalid was accepted a century back by lord campbell and which were referred with approval in (firm) radha kishan jaikishan and others v. municipal committee, khandwa : 'theelection being by a definite body on a day of which, till summons, the electors had no notice, they w^re all entitled to be specially summoned ..... referring was an industrial dispute. the mention of the union was merely because of representation by the respondent no. 3 in conciliating proceedings under section 36 of the industrial disputes act. the mere fact of representation by union, it is submitted docs not convert an individual dispute into an industrial dispute. (23) it was strongly maintained by mr. sikri that ..... object of section 2a. it is true that the industrial dispute recognises the importance of collective bargaining. but legislature deliberately made a departure when it introduced section 2a of the act, in the matter of discharge, termination of the service of individual workman. this change is a legislative declaration of the fact that in such matters, the union cannot claim ..... one mohd. sadiq, workman had been terminated by the company and the reference was challenged in the punjab and haryana high court. the labour commissioner, punjab under a notification had been given powers to refer for adjudication dispute falling within section 2a of the act only. it was first contended that as the labour commissioner had referred the dispute under section 2a of .....Tag this Judgment!
Court : Delhi
Decided on : Jan-25-1974
Reported in : ILR1974Delhi160
..... (supra) would seem to indicate. as pointed out above, the supreme court was dealing with appeal under section 19(l)(f) of the defense of india act, 1939.(40) in the municipal corporation of delhi through g.m. d.t.u. scindia house, new delhi v. kuldip lal bhandari, : air1970delhi37 , a full bench of this court ..... the purpose of determining the question in controversy before the division bench, no reference was made to rule 2 (b), part a, chapter i, vol. v of the punjab high court rules & orders.(33) in jagat dhish bhargava v. jawahar lal bhargava and others, : 2scr918 it was held that the requirement under order xli ..... was admitted, whether the appeal was competent or not, were neither raised nor decided in this case.(31) in the case of a division bench of the punjab & haryana high court was concerned with the question if a regular first appeal filed in the high court without attaching a copy of the decree to the ..... order xli rule i of the code applied because it was an appeal under the code itself.(32) in the case, a division bench of the punjab & haryana high court was concerned with the question whether any copy of the decree need accompany the memorandum of appeal filed in the high court under the ..... case of mubarak ali shah (supra) that but for the provisions of section 26 of the land acquisition act, as amended, the filing of the copy of the award could be dispensed with and of the punjab high court in the case of daijit singh pyara singh (supra) do not appear to me to be .....Tag this Judgment!
Court : Chennai
Decided on : Aug-02-1974
Reported in : 98ITR581(Mad)
..... statutory remedy does not affect the jurisdiction of the high court to issue a writ. but, as observed by this court in rashid ahmed v. municipal board, kairana : 1scr566 the existence of an adequate legal remedy is a thing to be taken into consideration in the matter of granting writs ..... to whom the money or asset belonged. 13. the decisions in motilal's case and laxmipat choraria v. k. k. ganguli were followed by the punjab high court in ramesh chander v. commissioner of income-tax, , commissioner of income-tax v. ramesh chander and tarsem kumar v. commissioner of income-tax ..... coimbatore, in his proceedings dated february 5, 1973, dropped the proceedings initiated by him against gulab and company under section 132(5) of the act. 8. the learned counsel for the petitioners contended that the whole proceedings initiated under section 132 are illegal and that the said provision could not have ..... a reasonable belief that the amount seized was the second petitioner's undisclosed income, issued a warrant under section 132 of the income tax act, 1961 (hereinafter called 'the act'), on november 6, 1972, authorising the income-tax officer, trichy, who is the 4th respondent herein, to seize the said sum of ..... of these cases reliance has been placed on the decision in gian chand v. stateof punjab : 1983(13)elt1365(sc) , in that case, with reference to the presumption under section 178-a of the sea customs act, 1878, and the burden of proof in respect of an article which was originally seized .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Oct-17-1974
Reported in : AIR1975SC824; (1975)4SCC628; 2SCR491
..... ashore. in the present case the equity arises largely from the iniquity of a foreign government's refusal, for reasons we cannot guess, to carry out the directions of its municipal courts. this uniqueness cannot be missed.37. sri desai drew our attention to chowlhmull maitganmull v. the calcutta wheat and seeds association i.l.r. 51 cal. 1010, sheo ..... estates' in the accounts of the deputy rehabilitation commissioner (rent and repairs), lahore under intimation to this office.(sd.) ghulam shabbir, deputy secretary rehabilitation, for rehabilitation commissioner andsecretary to government punjab rehabilitationdepartment.no. u. reh. ace. g/333, dated lahore, 4th january, 1954.'9. thus the amount remained frozen. a couple of days later (january 6) the defendant kuthalia ..... tall a jurisprudential proposition in any system. for, equity is not anti-law but a moral dimension of law rather, it is the grace and conscience of living law acting only interstitially. the quintessence of this concept may be stated thus:all great systems or jurisprudence have a mitigating principle or set of principles, by the application of which substantial ..... through his advocate shri naunit lal, as required by the supreme court rules (this statement has pertinence to the point regarding limitation vis-a-vis section 19 of the limitation act, to be dealt with later). the court, after stating the facts of the long litigation, punctuated by the puzzling waves of evacuee legislation, by-passed issues unnecessary to the .....Tag this Judgment!
Court : Supreme Court of India
Decided on : May-02-1974
Reported in : AIR1974SC1570; 1974CriLJ1035; (1974)4SCC764; 1SCR409
..... correctness of the judgment of acquittal in favour of ganga ram and ram swarup.3. except for a solitary year, ganga ram held from the municipal board of badaun the contract of tehbazari in the vegetable market from 1954 to 1969. the deceased munimji out-bid ganga ram in the annual ..... in rishikesh singh v. state : air1970all51 explains the true nature and effect of the different types of presumptions arising under section 105 of the evidence act. as stated in that judgment, while the initial presumption regarding the absence of circumstances bringing the case within an exception may be met by showing the ..... the case within a general exception and yet the facts and circumstances proved by him while discharging the burden under section 105 of the evidence act may be enough to cast a reasonable doubt on the case of the prosecution, in which event he would be entitled to an acquittal dahyabhai ..... examined by the prosecution and the circumstances of the case either that what would otherwise be an offence is not one because the accused has acted within the strict confines of his right of private defence or that the offence is mitigated because the right of private defence has been exceeded. ..... discharge its initial traditional burden to establish the complicity of the accused and not until it does so can the question arise whether the accused had acted in self-defence. this position, though often overlooked, would be easy to understand if it is appreciated that the civil law rule of pleadings .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jan-17-1974
Reported in : AIR1974SC1818; 1974CriLJ885; (1974)4SCC222; 3SCR133
..... and section 309(2), crpc, that a sentence shall follow on a conviction.14. the provisions of the act are indeed of such beneficence that in ratan lal v. states of punjab : 1965crilj360 this court remanded a matter to the high court with a direction that the high court or the ..... always rooted in criminal tendencies and their origin may lie in psychological factors induced by hunger, want and poverty. the probation of offenders act recognises the importance of environmental influence in the commission of crimes and prescribes a remedy whereby the offender can be reformed and rehabilitated in ..... which in conceivable cases may pose a grave threat to the economy and the security of the country. but every contravention of the customs act or the 'gold control' rules cannot, without more, be assumed to be fraught with consequences of national dimensions. the broad principle that punishment ..... food was a menace to public health, the application of the probation of offenders act could not be excluded in cases of persons found guilty of food adulteration.16. in jai narain v. the municipal corporation of delhi : 1973crilj49 the principle laid down in isher das's case was ..... affirmed but on the facts of the case this court refused to release on probation an offender who was convicted for adulterating 'patisa' by using a non-permitted coal tar dye. this decision only shows that whether the benefit of the act .....Tag this Judgment!
Court : Delhi
Decided on : Feb-11-1974
Reported in : ILR1974Delhi400
..... age of the prosecutrix, which could easily be done, and should have been done, by checking record of the birth register maintained by the delhi municipal corporation and not to visit the shop of prem nath to procure the birth certificate from him. besides, if davinder singh wanted prem nath to ..... the rank of assistant sub inspector to officiate as sub inspector in hissar district. may be that the superintendent of police of a district, vide punjab police rule 13.4(2), is competent to promote assistant sub inspectors to officiate in the rank of sub inspectors but for the purpose of ..... appeal against his conviction for offences under section 161 indian penal code ., section 5(1) read with section 5(2) of the prevention of corruption act, 1947, and section 420 i.p.c. and sentence of one years' rigorous imprisonment, considering the fact that the appellant was released on bail ..... would, however, be open to the prosecution to file fresh challan against him after obtaining proper sanction under section 6 of the prevention of corruption act from the competent authority to prosecute him. [the rest of the judgment deals with the two of the connected appeals and the facts of each ..... accused davinder singh a contention was raised challenging the competency of the superintendent of police to give sanction under section 6 of the prevention of corruption act for his prosecution. to re-enforce the argument an application (criminal misc. no. 281 of 1973) under section 561(a) of the criminal procedure code .....Tag this Judgment!