Court : Delhi
Decided on : Aug-24-1977
Reported in : 1978RLR201
..... this case. the interpretation of the lease in this case has to depend on what is understood by the word shop and not by the manner in which the delhi municipal corporation understands it when it frames its bye-laws. we have to consider what was understood by the general public when it bought lease-hold plots from the improvement trust ..... of a bank does not appear to be an infringement of the covenant. (6) the learned counsel for the authority has referred to the definition of 'shop' in the delhi municipal corporation bye-laws where a shop is defined as a building or part of building where articles of food and personal domestic and house-hold use and consumption are sold ..... 'shop'. the learned counsel has also referred to the full bench decision in ram chunder v. the state, 1963 p.l.r. 1 wherein full bench interpreted the punjab shops and establishments act, 1958 for the purpose of finding out whether a godown was a shop or a commercial establishment. it was there observed that a shop was a place where goods ..... the narrow sense in which it is commonly used, i must not over-look the fact that the judgment was given in the context of the shops and commercial establishments act, because therein some special statutory definitions are used. in order to interpret contract made in 1941, as is the case here, one must understand the meaning of the word 'shop .....Tag this Judgment!
Court : Allahabad
Decided on : Jul-06-1977
Reported in : AIR1978All376
..... siugh, (air 1960 manipur 54); fateh chand v. brij bhushan prakash : air1957all801 ; ratneswar v. mongoli chutiani (air 1951 assam 70); g. goculdas tejpal v. municipal commissioner, (18 bom 256) (sic)reference was also made to 1962 all lj (summary of cases) 44.7. on the basis of the submissions made by the learned ..... ); mukat singh v. misra paras ram, (air 1924 all 726); hashmat husain v. saghir ahmad : air1958all847 ; ramayan prasad v. gulabo kuer : air1967pat35 ; mohd. amir v. municipal board. sitapur : air1965sc1923 ; sada ram v. gajjan siama ; daya ram v. chiraunji lal : air1977all449 .6. shri b. p. agarwal, learned counsel for the plaintiff-respondent, ..... in that very suit. the observations merely say that the denial may be made in the pleadings or in other documents. in my view, the punjab decision purporting to be based on : air1965sc1923 does not lay down the correct law. moreover, as i have noticed 'above, the division bench ..... terms, whether the same be in a pleading or in other documents, no forfeiture is incurred.'30. in my view with respect, the punjab case has not correctly interpreted the aforesaid supreme court pronouncement. far from dissenting from the law laid down in air 1919 pc 1 the supreme ..... : air1965sc1923 . the following passage from the said supreme court's judgment was extracted and relied on in the punjab case (at p. 1928):'no doubt the provisions of the t. p. act were not, it is stated in terms, applicable to the area in question, but it has been laid down .....Tag this Judgment!
Court : Allahabad
Decided on : Aug-30-1977
Reported in : AIR1978All18
..... district court has jurisdiction to entertain the petition. (see henrietta alexandra gale v. james frank oanduras gale, (1911) 10 ind cas 487 (lah)) in which a full bench of the punjab chief court was concerned with the interpretation of section 3(1) of the divorce act (iv of 1860). though the above decision dealt with a different law, the provision under consideration was ..... '.though these decisions dealt with different provisions of law, the observations made therein are helpful for construing the scope of the expression 'resided together' occurring in section 19 of the act. i consequently unhesitatingly hold that the three visits, attributed to the applicant, to bareilly to the father's house of the opposite party to achieve reconciliation between the husband and ..... bareilly where the petition had been lodged had no jurisdiction to entertain and hear it.4. the learned civil judge, bareilly, before whom the petition under section 10 of the act was pending, framed a preliminary issue as follows :--'whether this court has jurisdiction to try the suit'.on the preliminary issue the opposite party examined herself as a witness to ..... for judicial separation was found on allegations of mental and physical cruelty.2. undisputably the applicant and the opposite party were hindus within the meaning of section 2 of the act and were married according to the hindu rites and customs at allahabad on the 25th june, 1974, after their marriage they lived as husband and wife at allahabad till december .....Tag this Judgment!
Court : Supreme Court of India
Decided on : May-06-1977
Reported in : AIR1977SC1361; (1977)3SCC592; 1SCR1
..... against racial discrimination in voting and in gomillion v. lightfoot 364 u.s. 339. , it did this even when the racial discrimination was covert, being achieved by so redrawing a municipal boundary as to exclude virtually all negroes and no whites, from the city franchise. it is true that in colegrove v. green 328 u.s. 549 the supreme court refused ..... enforcement of the fundamental right to property guaranteed to them under articles 19(1)(f) and 31. they complain that if the legislative assembly of the state of punjab is dissolved by the president acting under article 356, clause (1), as threatened by the government of india, they would be deprived of their right to receive salary as members of the legislative ..... earnest consideration to the unprecedented political situation arising out of the virtual rejection, in the recent lok sabha elections of the congress candidates in several states. i have in mind punjab, haryana, himachal pradesh, rajasthan, madhya pradesh, bihar, orissa, uttar pradesh and west bengal...people at large do not any longer respect the propriety of the congress governments in these ..... ministers on march 25, 1977. soon thereafter the union. home minister addressed a letter to the aforesaid nine states, namely, bihar, u.p., himachal pradesh, haryana, madhya pradesh, orissa, punjab, rajasthan and west bengal, asking them to advise their respective governors to dissolve the assemblies and seek a fresh mandate from the people.201. the six plaintiffs, namely, the states .....Tag this Judgment!
Court : Delhi
Decided on : Mar-21-1977
Reported in : AIR1977Delhi261; 14(1978)DLT45; ILR1977Delhi371
..... name of ramjas. the founder of these institution was one rai sahib kedar nath. (3) rai kedar nath retired as a district judge in 1911 from the punjab judicial service. he was childless. to perpetuate the memory of his father lala ramjas mal, he thought of starting educational institutions. he made ..... property' in the sense in which wakf is understood in mohammadan law. (56) the chief commissioner's notification under s. 4, land acquisition act is in the nature of a statutory instrument. it uses the expression 'wakf property'. how do we interpret these words i think these words must ..... thereforee, every purpose considered by the muhammadan law as, religious, pious or charitable would be considered valid. (37) in terms of the wakf validating act, 1913 wakf means : the permanent dedication by a person professing the mussalman faith of any property for any purpose recognised by the mussalman law as religious ..... so far as this ground is concerned, the supreme court has settled that planned development of delhi is a public purpose within section 4 of the land acquisition act. this was decided in munshi singh v. union of india, : 1scr973 alfatoon v. lt. governor of delhi, : 1scr802 and lila ram ..... b changed to ramjas foundation. (10) on november 13, 1959, the chief commissioner delhi issued a notification under s. 4 of the land acquisition act (public witness -8/1). land measuring 34070 acres was notified as land likely to be acquired by the government at public expense for a public .....Tag this Judgment!
Court : Mumbai
Decided on : Apr-28-1977
Reported in : AIR1978Bom28; 1977MhLJ689
..... of the court or of judicial or quasi-judicial tribunal. in this context, reference could usefully be made to a decision of the supreme court in punjab university, chandigarh v. vijay singh : air1976sc1441 and particularly to the following observations of the supreme court in the said decision : (at pp. 1443 ..... constituted by one person than a meeting could have been constituted if no shareholder at all had attended.'in the second case, east v. bennett brother ltd. (1911) 1 ch 163. warring-ton, j., following sharp v. dawes (1876) 2 qbd 26. and also the decision of jes-sel, m. r. ..... the conditions of the land and. people are clear matters of legislative indications in this regard. moreover, the purpose and the object of the act itself are sufficient guidelines for such constitution after specifying the chairman who would be of rank not below that of tahsildar. there is thus no ..... is being constituted by section 2-a for specified area or areas is in substitution of the collector. the provisions of section 2-a of the act came for consideration of this court, though in somewhat different context, in vithalrao udhaorao uttarwar v. state of maharashtra : air1977bom99 . while broadly dealing ..... other functions of the tribunal.' by virtue of the powers conferred upon the state government by section 2-a read with section 46 of the act, the state government framed the rules known as maharashtra agricultural lands (lowering of ceiling on holdings) (declaration and taking possession of surplus land) .....Tag this Judgment!
Court : Mumbai
Decided on : Apr-04-1977
Reported in : AIR1978Bom106; (1979)81BOMLR49
..... persons whether contractual or not'. the said clause further provides that it shall apply to all awards as are not considered domestic awards under the municipal law of the land. clauses (ii) and (iii) of the said article are not material and may be omitted. clause (i) of ..... it may however, be seen that a division bench of this court (k.d. desai and vaidya jj.) in prakash cotton mills pvt. ltd. v. punjab cotton co., (exp. & imp.) pvt. ltd. appeal no. 112 of 1969, decided on 14 oct. 1969 (unreported), lessened the rigour of the ..... each other. this interpretation of the provisions of the section is in consonance with the intendment, purposes and scheme of the 1961 act. the 1961 act is calculated to provide for speedy and effectual settlement of international disputes arising out of international trade. the complications which normally arise from ..... contained in the saidagreements. consequently, the learnedcounsel claims that under section 3 of the1961 act the suit is liable to be stayed.the learned counsel emphasises the peremptory character of the legislative injunction in section 3 and submits ..... the learnedcounsel for the defendants,contends that the agreements betweenthe plaintiffs and the defendants are theagreements which come within the purview of the 1961 act and that the claimsof the plaintiffs in the suit are matterswhich have been agreed to be referred toarbitration by virtue of and under thearbitration clauses .....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 : Supreme Court of India
Decided on : Dec-02-1977
Reported in : AIR1978SC851; (1978)1SCC405; 2SCR272
..... of laws relegating powers to public officers and administrative agencies. the powers thus granted involve a multitude of functions that are discoverable only through practical experience. x x x xa municipality, empowered, by statute to construct sewers for the preservation of the public health, interest and convenience, was permitted to construct a protecting wall and pumping plant which were necessary ..... item shall be inserted, namely:-(iii) 30 april 1977 (saturday) as the date before which the election shall be completed in '13-ferozepur parliamentary constituency in the state of punjab.' [464/77]by order sd/- a.n. sen,secretarythe commission declined to reconsider his decision when the appellant pleaded for it. shocked by the liquidation of the entire poll, ..... in our jurisprudence by a catena of cases here and elsewhere.the conspectus of facts 4. the historic elections to parliament, recently held across the country, included a constituency in punjab called 13-ferozepore parliamentary constituency. it consisted of nine assembly segments and the polling took place on march 16, 1977. according to the calendar notified by the election commission, ..... to be decided by the election court on a full trial of; the election petition, without the benefit of the opinion of the punjab and haryana high court which has the exclusive jurisdiction under section 80a of tie act to try the election petition. moreover, a statutory right to appeal to this court has been provided under section 116a, on any .....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!