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Judgment Search Results Home > Cases Phrase: rationale Year: 1970 Page 11 of about 140 results (0.007 seconds)

Jan 01 1970 (SC)

State of Karnataka and Others Etc., Etc. Vs. D. P. Sharma Etc., Etc. ( ...

Court : Supreme Court of India

Decided on : Jan-01-1970

Reported in : (1975)4CTR(SC)45

mathew, j. - in these appeals, the question for consideration is whether the amendment to the mysore motor vehicles taxation act, 1957 (hereinafter referred to as the act) by introducing item no. 4a in part a of the schedule to the act by mysore motor vehicles taxation (amendment) act, 1972, is constitutionally valid. by the amendment, tax in respect of motor vehicles which are covered by contract carriage permits has been raised from rs. 35/- to rs. 100/- per seat per quarter.2. before the high court, the respondents challenged the validity of the amendment act on the ground that it violated their fundamental right under article 14 and the right to freedom of trade, commerce and intercourse guaranteed under article 301 of the constitution. the ground of challenge under article 14 was that contract carriages were similarly situated as stage carriages with respect to the purpose of the act add that enhancement of vehicle tax on contract carriage alone offends that article. the high court held that the enhancement of the tax on contract carriages along violated article 14 and declared that the amendment was void. the high court, therefore, allowed the petitions, without going into the question of the validity of the contention of the respondents based on article 301. these appeals, by certificate, are directed against the judgment of the high court.item 4a reads;'motor vehicles plying for hire or reward used for transport of passengers in respect of which contract carriage .....

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Feb 20 1970 (HC)

Delhi Cloth and General Mills Co. Ltd. Vs. Shambhu Nath Mukherjee and ...

Court : Delhi

Decided on : Feb-20-1970

Reported in : ILR1970Delhi392

hardayal hardy, j. (1) this is an appeal under clause 10 ofthe letters patent from the judgment of s. rangarajan j. dated 30/05/1969 dismissing the appellant's petition under article 226 of the constitution directed against an award made by thelabour court.(2) the material facts are not in dispute. the appellant is apublic limited company. it owns an industrial unit called theswatantra bharat mills at delhi. shambhu math mukherjiwho will hereafter be referred to as respondent was a work-manemployed in the said mills. he joined as a store coolie in 1951,became fitter helper after six months and was promoted afterabout a year as a motion setter. in october 1964, the appellant-company introduced a scheme for re-organisation of the weavingsection of the mills whereby in pursuance of an alleged agreementbetween the work-men and the management, provision wasmade for the appointment of a new category of work-men calledassistant line fixers (assistants grade 1) and for the abolitionof the post of motion setters. under that scheme, the respondentalong with some other work-men was placed under training forsix months on probation with effect from 1/10/1964. hiswork was however not found satisfactory and the period of probation was thereforee extended by another three months with effectfrom 1/04/1965. even after the extended period, his workand conduct were not found up to the mark and as such he couldnot be appointed as assistant line fixer.(3) the post of motion setter having thus been .....

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Apr 06 1970 (HC)

Keventers Karamchari Sangh Vs. the Lt. Governor, Delhi and ors.

Court : Delhi

Decided on : Apr-06-1970

Reported in : (1971)IILLJ375Del

s.n. andley, j. (1) the order dated may 20, 1968 of the delhi administration prohibiting the continuance of the strike by the petitioner union which was passed in exercise of powers conferred by sub-section (3) of section 10 of the industrial disputes act, 1947 has been challenged by this writ petition on three main grounds. firstly, because sub-section (3) of section 10 of the said act is vocative of article 14 of the constitution; secondly, because the said order was not in compliance with the provisions of the said sub-section and thirdly, because the said order was passed at the instance of respondent no. 2 without affording any opportunity to the petitioners to show cause against it.(2) the petitioners are a union of workmen of messrs edward keventer (s) private, limited. the first respondent 1s the lt. govenor of delhi and the second respondent 1s the said company. certain demands raised by the petitioners on december 20, 1967 were pending conciliation before the conciliation officer, delhi. on april 1, 1968 while the conciliation proceedings were pending, the general secretary of the petitioners served a notice of a strike upon the said company under sub-section (1) of section 22 of the said act to be called on any day after the expiry of fourteen days of the receipt of the said notice. the three demands upon which reliance has been placed by the petitioners before us which gave rise to the said notice were :- (1)'withholding of existing benefits and nonpayment of past .....

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Aug 05 1970 (HC)

Union of India Vs. Bhim Singh and ors.

Court : Delhi

Decided on : Aug-05-1970

Reported in : ILR1970Delhi220

hardayal hardy, j.(1) this appeal under clause 10 of the letters patent is directed against the judgment of a learned single judge of this court and raises the question of interpretation of rules 7 and 7-a of the central health service rules, 1963 as amended by the central health service (amendment) rules, 1966.(2) the appellant is union of india while the only contesting respondent is dr. bhim singh jain (respondent no. 1 herein) who was petitioner in civil writ petition no. 60 of 1969 decided in his favor by the learned single judge vide his judgment dated october 3, 1969. dr. bhim singh is admittedly a highly qualified ophthalmic surgeon who despite his humble start as l.m.s. (punjab), qualified himself later, as l.r.c.p.s. (edin.), l.r.f.p. & s. (glasgow), f.r.c.s. (edin.), m.r.c.p. (edin.) and d.o.m.s. (punjab). he returned to india on the completion of his studies abroad in the year 1957 and was selected soon after his arrival, by the union public service com- mission for appointment as staff surgeon, eye specialist, willingdon hospital, new delhi, in the pay scale of rs. 600-1150 which was revised by the pay commission 1959, to rs. 700-1250. he joined the above post on 26-8-1957.(3) in 1963 the new health service called the central health service was constituted and rules called the central health service rules, were framed by the president under the proviso to article 309 of the constitution. they will hereafter be described as 1963 rules. under these rules, the posts .....

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Aug 14 1970 (HC)

V.N. Narayanan Nair and ors. Vs. State of Kerala and ors.

Court : Kerala

Decided on : Aug-14-1970

Reported in : AIR1971Ker98

raman nayar, c.j. 1. the kerala land reforms act, 1963 (act 1 of 1964) as originally enacted (the original act as we shall call it) finds a place in the ninthschedule to the constitution -- see item 39 -- and therefore has the protection of article 31-b. it has been amended three times, first by act 12 of 1966, then by act 9 of 1967, and now by act 55 of 1969, the amendments made by the last mentioned act (which we shall call the amending act) being far-reaching. (to the 132 sections in the original act, over 50 new sections have been added while over 60 sections have been amended. to the 62 definitions 10 have been added while 20 have been amended. the amended act is therefore virtually a new piece of legislation). the first of these was enacted by the president while the remaining two have received his as sent -- it has been contended not in the free and proper exercise of his judgment, but, of course, we cannot go into that-- but none of them has been included in the ninth schedule. therefore, such of the provisions of the amended act (or simply, the act) as are not part of the original act (whether they be entirely new provisions or provisions in substitution) cannot claim the protection of article 31-b see ramanlal v. state of gujarat, air 1969 sc 168 and state of orissa v. chandrasekhar singh bhoi, 1970-1 scwr 306 = (air 1970 sc 398). the petitioners in these forty applications under article 226 of the constitution are land-holders, and, between them, they assail .....

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Dec 08 1970 (HC)

ShihabuddIn Imbichi Koya Thangal Vs. K.P. Ahammed Koya

Court : Kerala

Decided on : Dec-08-1970

Reported in : AIR1971Ker206

order1. who is a muslim? an odd question of apostasy was argued with islamic erudition by counsel for the kazi of calicut who is the petitioner in this criminal revision petition and the 4th accused in c. c. no. 22 of 1969. religion is not amenable to reason and theological disputes cannot be decided by secular courts. so my duty is as embarrassing as my jurisdiction is limited. even so, the laws of the land lay down norms of conduct and bind divine and commoner alike. the indian penal code which prohibits bigamy cannot be evaded by pleading islam unless founded on some exemption recognised by the law. the kazl (4th accused) is accused of abetting the second marriage of a muslim woman (1st accused) while her first marriage (with p. w. 1) was subsisting. whatever liberties the muslim male may claim the female is governed by monogamy which most civilised nations have accepted as good. but the kazi holding the quran and the holy prophet as final, argues himself innocent by imputing apostasy to the complainant and consequent 'instant' and automatic divorce of the 1st accused-2. the facts are few and the law is covered by authority and yet the argument has been long and so is the judgment: admittedly, p. w. 1 had married the 1st accused in 1962 and the latter again admittedly, married the 3rd accused in 1969. there was no formal divorce in between, but it is contended that p. w. 1 had indubitably accepted the ahamadeeya persuasion and thus ceased to be a muslim. this act of heresy .....

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Jun 24 1970 (HC)

A. Yousuf Rawther Vs. Sowramma

Court : Kerala

Decided on : Jun-24-1970

Reported in : AIR1971Ker261

v.r. krishna iyer, j.1. this case, like most others, reveals a human conflict, over-dramatised by both sides and dressed up in legal habiliments, as usual; and when, as here, parties project a matrimonial imbroglio on the forensic screen, the court attempts a reconciliation between law and justice. what deeply disturbs a judge in such case-situations is the conflict between doing justice by promoting a rapprochement and enforcing the law heedless of consequence. sowramma, a hanafi girl, around 15, married in 1962 yusuf rowthan, nearly twice her age, but the husband's home hardly found them together for more than a few days and after a long spell of living apart, an action for dissolution was instituted by the wife against the husband. the matrimonial court should, and i did, suggest to counsel, in vain though, to persuade the parties to repair the broken bond. unhappily, irreversible changes in the conjugal chemistry baulked the effort, the husband having taken another wife and the latter having wed again after dissolution was granted in appeal. and thus their hearts are pledged to other partners. the prospect of bringing together the sundered ends of the conjugal knot being absent a decision on the merits, according to the law of the parties, has to be rendered now. even so, the legal impact of such subsequent events on granting or moulding the relief falls to be considered.2. a brief narration of the facts will help to appreciate the questions argued before me, with .....

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Mar 03 1970 (HC)

C.P. Joseph, Junior Superintendent, Office of R.D.D. of Public Instruc ...

Court : Kerala

Decided on : Mar-03-1970

Reported in : (1970)IILLJ456Ker

v. balakrishna eradi, j.1. the petitioners, two in number, are working as junior superintendents in the department of education of the state government. they have brought this writ petition chalenging the validity of a government order g.o. (ms) 79/pd/public (integration) department dated 6.3.1969 whereby the government of kerala have purported to amend the provisions of an order dated 27.11.1954 passed by the erstwhile travancore-cochin government. a copy of this impugned government order has been produced and marked as ext. p-2. the petitioners contend that ext. p-2 is violative of the provisions of section 115(7) of the states re-organisation act, since, according to them, its effect is to alter to their prejudice the terms and conditions of service by which they were governed in the erstwhile travan-core-cochin state as on the date immediately prior to the re-organisation of states and this modification to their detriment has been. effected without obtaining the prior consent of the central government. it is also contended that as a result of ext. p-2 the petitioners and several other persons similarly situated stand to lose their seniority in the category of upper division clerks and even the benefits of promotions already granted to them to the category of junior superintendents and since this order has been passed without affording any opportunity to them to make their representations against such action, the order is plainly violative of the principles of natural .....

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Aug 07 1970 (HC)

Smt. Lucy Kochuvareed Vs. Commissioner of Agricultural Income-tax, Tri ...

Court : Kerala

Decided on : Aug-07-1970

Reported in : [1971]82ITR845(Ker)

the judgment of govindan nair and mathew jj. was delivered by :govindan nair j. - the commissioner of agricultural income-tax, board of revenue (taxes), trivandrum, has stated a case and referred the following question for our decision :'whether, on the facts and in the circumstances of the case, the commissioner has jurisdiction to pass an order in this case under section 34 of the agricultural income-tax act, 1950 ?'the facts necessary for answering the question may be state. one shri t. v. kochuvareed was assessed to agricultural income-tax for the years 1959-60 and 1960-61. the assessee had claimed expenses towards the upkeep and maintenance of immature rubber plants, the agricultural income taxed having been derived from a rubber plantation. the agricultural income-tax officer disallowed, out of such expenses claimed by the assessee, a sum of rs. 2,500 for the year 1959-60, and a sum of rs. 3,500 for the year 1960-61. thereafter, on march 13, 1963, the commissioner of agricultural income-tax issued a notice (appendix a to the statement of the case) under section 34 of the agricultural income-tax act, 1950 (hereinafter referred to as 'the act'), proposing to revise suo motu, the assessments for the years 1959-60 and 1960-61. he stated the reason for the proposal to be that the computation of expenses pertaining to immature rubber plants was too low and that it had resulted in income having 'escaped assessment'. this notice was issued to the widow then moved this court by .....

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Sep 08 1970 (HC)

Ranchhodbhai Bhaijibhai Patel Vs. Commissioner of Income-tax, Gujarat ...

Court : Gujarat

Decided on : Sep-08-1970

Reported in : [1971]81ITR446(Guj)

p.n. bhagwati, c.j.1. this reference arises out of an assessment to income-tax made of the assessee for the assessment year 1964-65, the corresponding account year being the financial year ended 31st march, 1964. the assessee had a large area of ancestral agricultural land admeasuring 2,02,088 square feet situate in village savad at some distance from baroda city. two agreements of sale were entered into by the assessee in respect of different portions of this land, one on 27th june, 1962, and the other on 7th july, 1962. by the agreement of sale dated 27th june, 1962, the assessee agreed to sell 2 acres 2 gunthas of land was agreed to be company of baroda and the remaining 30 gunthas of land was agreed to be sold to bapunagar co-operative housing society ltd., by the agreement of sale dated 7th july, 1962. the land was being used for agricultural purposes by the assessee and it was, therefore, apparent that by reason of section 63 of the bombay tenancy and agricultural lands act, 1948 (herein-after referred to as 'the tenancy act'), the assessee would not be able to sell any portion of the land to ajay construction company or bapunagar co-operative society ltd., pursuant to the agreements of sale unless the land ceased to fall within the definition of 'land' in section 2(8) of the tenancy act. the assessee accordingly applied to the collector under section 65 of the bombay land revenue code, 1979, for permission to make non-agricultural use of the land and such permission .....

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