Court : Punjab and Haryana
Decided on : Jan-31-1977
Reported in : AIR1977P& H141
..... a passing reference was made thereto and it was rather summarily observed that the view taken by the full bench did not conflict with the punjab case. with respect that does not seem to be so and the relevant part of the observations which have been quoted by me in the ..... singh, air 1958 pat 581. chief justice ramaswami speaking for the bench in no uncertain terms observed as follows:--'the object of the hindu succession act (act xxx of 1956) was to improve the legal status of hindu women, enlarging their limited interest in property inherited or held by them to an ..... respondent referred to the concluding sentence of the explanation-- 'and also any such property held by her as stridhana immediately before the commencement of this act.' it was submitted that this had an integral connection with the preceding language and was used as a residuary clause to include within its ambit ..... onbehalf of the appellant was soughtto be rested on the wide ranging language of the explanation tosub-clause (1) of section 14 of the act. mr. mittalhad contended that the wide amplitudeof the terms of the explanation was aclear pointer to the intention of the legis-lature to enlarge every ..... ) passed through the crucible of numerous select committees and parliamentary debates to ultimately emerge in the shape of present section 14 of the hindu succession act, 1956, which stands quoted above. the plain language thereof leaves no manner of doubt that the overall intent of the legislature in incorporating the .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Mar-25-1977
Reported in : AIR1977P& H214
..... them by reason of the death, that is, the balance of loss and gain to a dependent by the death must be ascer-tained.'9. in municipal corporation of delhi v. subhagwanti, air 1966 sc 1750, their lordships of the supreme court relied upon another observation of lord wright in davies's case ..... a method of calculation of damages and awarding compensation cannot be held to be 'just' and such an, award under section 110-b of the act, cannot be sustained. as has been held by their lordships of the supreme court, referred to in the earlier part of this judgment, the basic ..... to the recurring or fixed deposits. in support of this contention, reliance has been placed on parminder singh v. mukatsar janta co-operative transport society ltd., 1973-act 166 (punj), jagir kaur v. uttam singh chatter singh, 1975 acj 26 (him pra), sukhdev raj jain v. shanti devi, 1975 acj 246 (punj ..... the aforesaid decisions has evolved the principles governing the estimation of the damages on the basis of sections 1-a and 2 of the fatal accidents act, 1855. under section 1-a, the damages are payable to one or the other relations enumerated therein whereas the latter section provides for the ..... sharma (deceased) and ms five minor children, (four daughters and one son) filed an application under section 110-a of the motor vehicles act, 1939 (hereinafter called the act), before the tribunal claiming compensation amounting to rs. 1,40,000. the truck was insured with the vanguard insurance company limited. shri jokhi ram .....Tag this Judgment!
Court : Chennai
Decided on : Jul-21-1977
Reported in : AIR1978Mad97; (1978)1MLJ386
..... the police. on 23-5-1973, the plaintiff received a copy of the order, dated 21-3-1'973, passed by the commissioner of the municipality granting permission to the defendant to put up constructions. he directed the plaintiff to seek, his remedy in a civil court. according to the plaintiff, ..... settling their disputes either with the aid of mediators or through a competent court. overruling the objections raised by the plaintiff, the commissioner of virudhunagar. municipality granted permission to the defendant to put up constructions. in pursuance of that permission, the defendant started digging up the grounds to lay the foundation ..... been introduced deliberately for the purpose of putting forward a false claim to the suit wall. the defendant applied to the virudhunagar municipality for reconstruction of his building. he filed a plan showing the suit well as a common wall. the plaintiff sent a petition to the commissioner ..... of virudhunagar municipality objecting to the issue of permission to the defendant for putting up constructions in such a manner as to affect his right to the ..... because he mistakenly supposes that he is the owner of the land or asserts that his act of enjoyment is sufficient to give him the ownership by prescription.' similarly in venkata varaha dikshithar v. subbarya pillai, (1911) 2 mad wn 95 it was held that 'a false belief of ownership does not .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Aug-10-1977
Reported in : AIR1978MP218; 1978MPLJ562
..... to ap-peal and, therefore, the miscalculation made by the registrar was sufficient reason to condone the delay. what they said was that the punjab government was justified in placing the matter in the hands of the registrar of the punjabi university and in that view, there was sufficient reason ..... reddy. the learned judges were merly considering the question whether there was sufficient reasons to condone the delay in the filing of the appeal by the punjab government. to the extent that it goes the decision is against mr. babulu reddy, the supreme court did not say that the punjabi university ..... has not given any explanation of its own for not filing the appeal within time. this contention does not appeal to us. as mentioned earlier, punjab government had evidently left the matters in the hands of the punjabi university which was the party really interested. it depended entirely on the punjabi university. ..... an appeal, against the enhanced compensation by the court on reference under section 18, was filed by the punjabi university and the state government of punjab. the appeal was filed beyond time and a prayer for condonation of delay in filing the appeal was made on the ground that the registrar ..... for seeking a direction, against the land acquisition officer, commanding him to make a reference, under section 18 of the act, as was demanded by the municipal council.the division bench dismissed the petition, holding that the validity of the notice could not be challenged 14 years after .....Tag this Judgment!
Court : Delhi
Decided on : Jan-14-1977
Reported in : 1977CriLJ1984; ILR1977Delhi549
..... of the provincial congress committee for 16 years and president of naujawan bharat sabha sargoda for several years. he was also a member of the municipal committee and member of the college trust and that he owned three weekly magazines. he also stated that he gave up college studies and worked for ..... overwhelming evidence to show that the plaintiff was a respectable person, who had been associated with the congress for a number 'of years and had been a municipal commissioner and associated with various charitable organisations. the court, thereforee, awarded a sum of rs. 12,500.00 as damages against the union of india, ..... . 2 laughed away the points. the plaintiff then told him that he was not an absconder and he had contested the municipal election and had been touring with the municipal engineer's staff and he had an office in chandni chowk and that he had been appearing in courts and he was meeting ..... other provisions of law and they are not left to the discretion of the police to exercise powers under section 54 of the act. moreover, rule 26.1 contained in the punjab police rules, vol. 3, lays down that the authority given under section 54 of the criminal procedure code to the police to arrest ..... . he was again arrested under defense of india rules in 1940 and 1942 in connection with the quit india movement. all this happened in west punjab. on arrival in delhi, he was on the allotment committee of the custodian and was elected secretary of delhi state congress committee and member of .....Tag this Judgment!
Court : Delhi
Decided on : Sep-29-1977
Reported in : ILR1978Delhi327; 1978RLR442
..... the former to perjure himself. the payment according to karan singh was made not in the quarter of phool dass, it was done in a nearby municipal corporation room which was unoccupied at that time. phool dass had not been taken into confidence at that stage of the matter and he was expected, ..... trial court that he has by and large given a true account of the events.(34) phool dass (pw6) is employed as a chowkidar by the delhi municipal corporation. he had been allotted quarter no. 4 at 16 rajpur road. karan singh p.w. was known to him for the last 2% years. ..... a bad character like jaggi. rakesh became interested in finding out karan singh's whereabouts and ram phal told him that karan singh was living behind the municipal committee's office at rajpur road. ram phal again enquired from rakesh about the nature of work for which he needed the assistance of a bad ..... ' singh (public witness 5), a bad character. rakesh found out from ram phal that karan singh was living at rajpur road behind the office of the municipal committee. sometime in or about september 1973 he (rakesh) contacted karan singh and enquired if he would be willing to kill a doctor's wife. karan ..... credibility of an approver was laid down by the supreme court in sarwan singh rattan sings v. state of punjab : 1957crilj1014 , in the following terms:anapprover is undoubtedly a competent witness under the evidence act............ his evidence must show that he is a reliable witness and that is a test which is common to all .....Tag this Judgment!
Court : Chennai
Decided on : Feb-09-1977
Reported in : AIR1978Mad192
..... statement of the25th june, 1906'.this decision of the lahore high court has been followed by achhru ram, j., of the east punjab high court in thakar das v. sant ram in rejecting the contention urged before him that the plaintiff having claimed exemption from the law of limitation ..... plaint ......... we agree with the interpretation put upon the law in yukub ebrahim v. bai rahimatbai : (1908)10bomlr346 and hingu miah v. heramba chandra (1911) 13 cal lj 139 and consider that the plaintiffs should not be debarred from putting forward the admission of the defendants made by them in their written ..... sue upon the promissory note; but that does not mean that a declaration of this kind will be futile. under other provisions of the trustee act, the beneficiary can sue for the execution of the trust by compelling the trustee to take the necessary steps and have a receiver appointed in the ..... on the ground of part payment of the principal cannot be permitted to claim exemption on the ground of acknowledgment under section 19 of the limitation act.4. the next decision relied upon by the learned counsel for the respondents is of a bench of the bombay high court in gunnaji bhavaji v ..... it constitutes an express promise to pay the barred debt and it is not a void agreement in view of section 25(3) of the contract act. the trial court dismissed that application and another application filed on the same date to reopen the case observing that the proposed amendment seeking to rely .....Tag this Judgment!
Court : Mumbai
Decided on : Aug-29-1977
Reported in : AIR1978Bom325; (1978)80BOMLR46
..... his contention he relied upon two decisions of the supreme court viz. : 1scr676 raja harish chandra raj singh v. the deputy land acquisition officer and : 1scr971 state of punjab v. qaisar jehan begum, one decision of the mysore high court reported in air 1973 mys 22 (special land acquisition officer, h.d.p. ghataprabha v. aparai krishna gadakari), and ..... properly understood must involve thecommunication of the offer to the partyconcerned. that is the normal requirement under the contract law and its applicability to cases of award made under the act cannot be reasonably excluded. thus considered the date ofthe award cannot be determined solelyby reference to the time when theaward is signed by the collector or delivered by him ..... period on the ground that the petitioners were prevented for sufficient cause from preferring an application within the prescribed period. according to him, the provisions of section 18 of the act could not be regarded as a provision prescribing period of limitation; but it lays down conditions precedent on the satisfaction of which alone the collector was entitled or had jurisdiction ..... shankar wankhede v. state of maharashtra.6. on the other hand, mr. kotwal appearing for the special land acquisition officer has contended that under section 18(1) of the act, certain conditions precedent were required to be fulfilled or satisfied by the petitioners and it was upon the satisfaction of the conditions precedent that the collector or the special land .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Nov-19-1977
Reported in : AIR1978MP54
..... recoverable, one has to read something extra in this legislative provision.'these observations now do not hold good in view of their lordships' decision in new delhi municipal committee v. kalu ram, air 1976 sc 1637 (supra).16. in abdul gafoor v. abdeali, 1973 mplj 179 (supra) although calcutta decisions were cited, ..... placed on abdul gafoor v. abde ali, 1973 mplj 179. the learned single judge was of the opinion that in view of the observations in new delhi municipal committee v. kalu ram air 1976 sc 1637 the decision in abdur gafoor v. abde ali (1973 mplj 179) (supra), which was decided by & division ..... , air 1962 punj 256 (fb). it can be seen from the discussion contained in paragraphs 5 and 6 of that decision that the learned judges of punjab high court were influenced by the expression 'rent due by him' when neither the words legally due' nor the word 'recoverable' were used. it was ..... claim rent otherwise time-barred. in the present socio-economic set up, the accommodation control act cannot be interpreted to be a handle to recover time-barred rent, which otherwise, the landlord could not have done. new delhi municipal committee v. kalu ram (air 1976 sc 1637) (supra).13. the view that we ..... view we are taking, the division bench preferred to follow the punjab case. in nashiban bibi v. parul bala dutt, ilr (1959) 2 cal 490 the provisions of the west bengal premises tenancy act, 1956, were under consideration. section 17 (1) of that act employs the same words as section 13 (1) of the m .....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!