Court : Punjab and Haryana
Decided on : Mar-17-1977
Reported in : AIR1977P& H221
..... the provisions of the statute are vague or on the ground that they are mutually inconsistent. in amritsar municipality v. state of punjab, air 1969 sc 1100, dealing with the observations of the punjab high court that legislation which was 'vague, uncertain and ambiguous' had to be struck down, the supreme ..... civil appeal no. 1040 of 1976 : (reported in air 1977 sc 915). the supreme court has held that the provisions of the punjab land reforms act are saved both by article 31a and article 31b of the constitution. in view of the decision of the supreme court and in view ..... it was argued, would not be saved if they were made after the declaration of surplus area or tenant's permissible area under the punjab security of land tenures act.8. the provisions of ss. 4 and 8, particularly section 8, appear on first impression to be inconsistent with the provisions of section ..... government notwithstanding the acquisition by the central govern-ment. similarly, land purchased by a tenant under the provisions of section 18 of the punjab security of land tenures act would vest in the state government under section 12 (3) notwithstanding the purchase by the tenant. so also, in the case of ..... was argued that the agreement not to legislate would operate as equitable estoppel against the state and, therefore, the kerala private forests (vesting and assignment) act, 1971, could not be enforced against the company. the supreme court rejected the contention observing :--'we do not see how an agreement of the .....Tag this Judgment!
Court : Kerala
Decided on : Jul-18-1977
Reported in : 1978CriLJ528
..... any person by himself or by any servant or agent. there is therefore no doubt that turmeric powder is food for purposes of the act. (see also ram labhaya v. delhi municipality : 1974crilj672 .5. the further point to be considered is whether there will be any difference if turmeric powder is sold or exhibited ..... , dist. board v. atul chandra air 1933 cal 619 : 34 cri lj 1081.12. the question came up before the orissa high court, in puri municipality v. k. c- anjanayan, whether in a prosecution for sale of adulterated ghee unfit for human consumption the plea is available that it was meant for lighting ..... it is the normal use and not its occasional use that should be taken into account for deciding whether an article is food.10. in kanpur municipality v. janaki prasad air 1968 all 433 : 1963-2 cri lj 244 a full bench of the allahabad high court had occasion to consider whether ..... an offence even if the sale was for the purpose of external application,8. defence taken in the above line was overruled by the patna high court in patna municipal conpn. v. dularchand : air1964pat565 jamshedpur n- a. tcojaranittee v. durga prasad, (1969 cri lj 704i) ;(pat) and also in dilo sao v. state ..... consumption but for agricultural purpose. the court held that since asafoetida is food within the meaning of the act, its occasional use for other purposes would not take it out of the category of food. the punjab high court again considered the question in manohar lai v. state (ilr (1970) 1' punj and har .....Tag this Judgment!
Court : Orissa
Decided on : Jul-07-1977
Reported in : AIR1978Ori41
..... him down to the condition. .....'this decision has in terms been approved by the supreme court in the case of haridwar singh v. bagun sumbrui (supra).natesan, j. in the municipal council case (ilr (1969) 1 mad 124) also referred to this aspect by saying :'.....it may also be stated thatquite often in conditions of auction sale, a proviso is found ..... constitutes an offer and the auctioneer may accept or reject the bid. before its acceptance, the bidder has the liberty of revoking his offer. .....'a similar dispute arose before the punjab high court in an excise settlement. - kapur, j., as the learned judge then was, in the case of union of india v. narain singh, air 1953 puni 274 stated:'..... ..... not returned to us immediately, we, therefore, earnestly requestthat the d.f.o., baripada, districtmayurbhanj may kindly be directedto refund the security deposit as detailed in schedule below and forwhich act of your kindness we shallever remain grateful. ' receipt of these letters is clearly admitted in the counter affidavit. there is no scope for entertaining a second opinion that as a ..... pleaded nor advanced any contention to justify that there was consideration for the contract against withdrawal. an agreement without consideration is void as provided under section 25 of the contract act.there is admittedly no contract until by approval of the competent authority acceptance is complete. therefore, counsel for petitioner has rightly contended that the clause in question was a meaningless .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : May-24-1977
Reported in : AIR1977P& H320; 110ITR170(P& H)
..... of the supreme court have authoritatively laid down the side on which the courts tilt. in central india spinning and weaving and ., empress mills nagpur v. municipal committee : air1958sc311 , kapur, j. speaking for the court, observed: 'in construing these words of the statute if there are two possible interpretations then ..... full beach of this court answered the question in the affirmative on the ground that a firm was a separate assessable entity under the punjab general sales tax act and there was no machinery provided therein for assessing a firm after its dissolution in respect of its turnover of business before the said ..... payable by the firm itself, does not prevent a penalty being imposed on the firm. 10. in a case under the east punjab general sales tax act, the financial commissioner, punjab, had referred the following question to this court for its decision:-- 'whether a partnership firm, which is a registered firm under ..... clearly observed (at page 400) that in case of doubt, the construction most beneficial to the subject is to be adopted. in commr. of income-tax, punjab v. kulu valley transport co. p. ltd. : 77itr518(sc) , their lordships of the supreme court on appeal from a decision of this high ..... was concluded against the assessee-firm by a division bench judgment of this court in m/s, dharam pal sat dev v. conimr. of income tax, punjab, j. and k. and chandigarh, patiala, income tax reference no. 11 of 1972, decided on january 4, 1973 : . the bench noticed that .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jul-27-1977
Reported in : AIR1977SC2191; (1977)3SCC496; 1SCR188; 1977(9)LC487(SC)
..... months prior to the 1st january, 1939; and(b) the rental value of such building or rented land if entered in property tax assessment register of the municipal, town or notified area committee, cantonment board, as the case may be, relating to the period mentioned in clause (a).clause (b) admittedly was ..... 24, 1967, he filed an application under section 4 of the east punjab urban rent restriction act, 1949-hereinafter called the act, for fixation of the fair rent of the building. the senior sub-judge, hissar acting as the rent controller under the act, found the evidence adduced by the respondent insufficient to enable him to fix ..... year 1938. over the said prevailing rate, he has allowed the increase of 50% in accordance with sub-section (5) of section 4 of the act. the high court in revision has affirmed the decision of the district judge on the question of fixation of basic rent. we do not find any ..... would justify this court's arriving at a different conclusion.3. we shall read the relevant portion of sub-section (2) of section 4 of the act. it says:in determining the fair rent under this section, the controller shall first fix a basic rent taking into consideration-(a) the prevailing rates ..... circumstances was rs. 3/- per month as erroneously held by the district judge under clause (a) of sub-section (2) of section 4 of the act. mr. b.d. sharma, learned counsel for the respondent, however, submitted that the rent had been fixed taking into account the prevailing rate for the same .....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 : 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 : Orissa
Decided on : Dec-19-1977
Reported in : 45(1978)CLT369; 1978CriLJ1050
..... i.p.c. would afford protection to the petitioner in this case and the act of the petitioner in storing the mustard oil would not amount to an offence. reliance was placed on a decision of the punjab and haryana high court reported in 1973 cr lj 721 (municipal committee, amritsar v. arjan singh). but the facts of that case are clearly distinguishable ..... that point. but it appears that the above evidence of the food inspector was not at all challenged by cross-examination. section 13(3) of the prevention of food adulteration act provides that the certificate issued by the director of the central food laboratory shall supersede the report given by the public analyst. sub-section (5) of that section also provides ..... orderp.k. mohanti, j.1. the petitioner has been convicted under section 16(1) of the prevention of food adulteration act, 1954 and sentenced to undergo r.i. for 3 months and also to pay a fine of rs. 500/- or in default to undergo r.i. for a further period .....Tag this Judgment!
Court : Kerala
Decided on : Jun-17-1977
Reported in : AIR1977Ker166; (1978)IILLJ226Ker
..... effected in future thereafter, was a total surrender of legislative power and cannot be upheld as valid piece of legislation. devidas v. state of punjab (air 1967 sc 1895) and municipal corporation of delhi v. birla cotton spinning and weaving mills ltd. (air 1968 sc 1232), are the subsequent decisions of the supreme court ..... b. shama rao v. union territory of pondicherry (air 1967 sc 1480). in that well-known case. it was ruled that the provision in the act passed by the union territory of pondicherry making applicable not only the sales-tax law in force in the madras state at that time, but also all ..... learned judges in that case ultimately held that the words 'for the time being in force' refer to enactments existing at the commencement of the defence of india act, 1939 as well as those made thereafter. this was in union of india v. ramdas oil mills, air 1968 pat 352.' in malankara rubber & produce ..... defence of india act came into force. the high court of patna has dissented from the view taken by the calcutta high court as to the construction of the words ..... mukherjee (air 1954 cal 41). that concerned the expression 'for the time being in force' of section 19 (1) (g) of the defence ef india act, 1939 and in the context of that enactment the calcutta high court held that the expression refers only to laws which were actually in existence at the time the .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Aug-08-1977
Reported in : AIR1977SC2001; (1977)79PLR715; (1977)4SCC1; 1977(9)LC483(SC)
..... 2. a notification was issued by the state government on november 24, 1972, under section 14 of the east punjab holdings (consolidation and prevention of fragmentation) act, 1948, hereinafter referred to as the act, declaring its intention for the preparation of a scheme of consolidation of holdings for the better cultivation of village tripari. ..... will connect tripari with three other villages and the tehsil town of kharar. the order therefore falls with the purview of section 18(c) of the act which provides for the reservation of land for a 'common purpose', and the view taken by the high court does not call for interference. 4 ..... argument in this court. the high court has noticed the definition of 'common purpose' in the act, which includes any purpose in relation to any common need, convenience or benefit of the village in respect of 'village roads'. it has held that ..... another road for the same purpose could not be said to be a 'common purpose' within the meaning of section 2(bb)(iii) of the act. learned counsel could not however refer to any such plea in the writ petition, so that there is no real basis for raising the new ..... .1. the appellants who claim to be 'right-holders' of village tripari, tehsil kharar, in ropar district of punjab, have filed this appeal, by special leave, against the appellate judgment of the punjab and haryana high court dated november 27, 1975, upholding the dismissal of their writ petition. the fact leading upto .....Tag this Judgment!