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Judgment Search Results Home > Cases Phrase: rationale Year: 1970 Page 7 of about 140 results (0.007 seconds)

Feb 06 1970 (HC)

Bhaskar Narayan Hardikar and anr. Vs. S.G. Daithankar and ors.

Court : Mumbai

Decided on : Feb-06-1970

Reported in : AIR1971Bom188; (1971)73BOMLR851; 1970MhLJ953

padhye, j.1. in a general election held on 3-6-1967, 22 councillors were elected to the municipal council, bhandara. in the first meeting held thereafter on 2-7-1967 the petitioner no. 1 bhaskar was elected as the president of the municipal council and one fattu meshram was elected as the vice-president two persons were co-opted to the council and thus the total number of the councillors in the bhandara municipal council was 24 after the co-option of the two councillors. the vice-president fattu meshram died on 18-1-1969 and his seat as an elected councillor became vacant with the result that on his death the council actually consisted of 21 elected councillors and two co-opted councillors though the normal strength of the council was 22 elected councillors and two co-opted councillors. 2. on 24-1-1969, 11 members of the said council gave a requisition to the collector for convening a meeting to pass a resolution to remove the president of the council, the petitioner no. 1. accordingly, the collector by notice dated 27-1-1969 contended a meeting of the councillors for 1-2-1969 to consider the resolution for removing the president. the meeting was held on 1-2-1969 as scheduled at which 14 councillors which included one co-opted councillor were present. some points of order were raised in the said meeting but they were over-ruled, with the result that out of the 14 councillors two councillors walked out leaving only 11 elected councillors and one co-opted councillor. the .....

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Sep 11 1970 (HC)

Shrirang Ganapati Pandit Vs. the State of Maharashtra and ors.

Court : Mumbai

Decided on : Sep-11-1970

Reported in : AIR1972Bom242; ILR1971Bom1006

vaidya, j. 1. in this petition under art. 226 of the constitution of india, the validity of rr. 1 [n. b. 1 (c) 2] 2, 4 (c) and (d) of the rules framed by the government of maharashtra for admission to government medical colleges is challenged by the petitioner, who sought admission in b. j. medical college in poona and was refused admission following the said rules.2.the rules are framed by the government for admission to all the government medical colleges in the state for the academic year 1970 - 71. the rules are annexed to the petition as exhibit a. rule 1 in substance, lays down that a candidate for admission must submit an application in writing upon a prescribed form to the authorities mentioned therein. the students of the different universities are directed to forward applications to the authority mentioned against the university concerned as follows :authority to whom application should be forwarded. the dean, grant medical college, byculla, bombay 8. the dean, b. j. medical college, poona. the dean, medical college, nagpur. the dean, medical college, aurangabad. the principal, miraj medical college, miraj. 'n. b. 1 (c) : although the seats at the miraj medical college and b. j. medical college, poona, are pooled together and distributed between the two colleges in the proportion of the number of students registered for pre - professional examination (medical) at the poona university and the shivaji university, kolhapur, vide rule 2, the students of the shivaji .....

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Apr 16 1970 (HC)

The Government of Andhra Pradesh and ors. Vs. Rayalaseema Village Asso ...

Court : Andhra Pradesh

Decided on : Apr-16-1970

Reported in : AIR1971AP255

sharfuddin ahamed, j. 1. the two appeals arise out of the judgment and order of our learned brother chinnappa reddy j., made in writ petitions 2991 and 3316 of 1967 holding section 19 (1) of the andhra pradesh khadi and village industries board act (iv of 1959) ultra vires as offending article 14 of the constitution.2. the facts necessary to appreciate the arguments on either side may briefly be stated. the petitioner in writ petition no.2991 of 1967 is the rayalaseema village service association, chagalamarri. this association was granted a loan of rs.5,300/- for the purchase and working of ghanies by the andhra pradesh khadi and village industries board (hereinafter called the board). in the affidavit filed by the secretary of the association it was stated that the association inpursuant to the securing of the loan started the working of ghanies and also pushed its products into the market for sale which earned a rebate of rupees 362-27p, thus having a balance of rupees 4,937-733 p. being the loan amount. the board also failed to pay rebate for the period from 1-3-1963 to 31-12-1964 which worked out to rs. 5619/-. further the board had to pay the management grants from 1-4-1963 to 31-3-1964, the amount under this heading being rs. 2,625.-. thus the association was entitled to recover rs.8,24/- from the board and after giving a set off to the balance of the loan, the board had to pay to the petitioner association a sum of rs. 3,306-27 p. the board, however, without taking .....

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Mar 11 1970 (HC)

Amara Purushotham Mamidi Obaiah and Co. and ors. Vs. State of Andhra P ...

Court : Andhra Pradesh

Decided on : Mar-11-1970

Reported in : [1972]29STC654(AP)

venkateswara rao, j. 1. three questions arise for consideration in this batch of writ petitions and they are : (1) whether the second limb of item 6 of schedule iii of the andhra pradesh general sales tax act, which will hereinafter be referred to as the 'act', is repugnant to the provisions of section 15(a) of the central sales tax act and article 14 of the constitution and is, therefore, liable to be struck down, (2) whether neem oil and tobacco seed oil are exempt from tax by virtue of g.o. ms. no. 581, revenue, dated 14th march, 1960, and (3) whether in any view, 'tobacco seed', 'tobacco seed oil' and 'tobacco seed oil-cake' are goods coming within the purview of 'tobacco and all its products' specified in item 7 of schedule iv of the act and are therefore exempt from tax.2. the petitioners in all these cases are registered dealers under the act and have been carrying on business in groundnut, tobacco seed, tobacco seed oil, tobacco seed oil-cake, neem seed oil etc., in the guntur district. some of them were assessed by the concerned commercial tax officers to tax in relation to the turnover in the goods mentioned above for certain years and the taxes so assessed were also collected. in some cases, the commercial tax officers concerned issued notices proposing to make final assessment for certain years and provisional assessment lor the year 1969-70 while in some of those cases the petitioners made provisional payments pursuant to the assessments. at that stage, they .....

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May 02 1970 (HC)

Chhabildas Mehta, M.L.A. and ors. Vs. the Legislative Assembly, Gujara ...

Court : Gujarat

Decided on : May-02-1970

Reported in : (1970)11GLR729

p.n. bhagwati, c.j.1. this petition raises issues of great constitutional importance. though various reliefs are claimed in the petition, the main question which arises for consideration in the petition is whether a certain resolution passed by the legislative assembly of the gujarat state by a majority of members present and voting for adjournment of the assembly sine die is void as being outside the power of the assembly. the facts giving rise to the petition are few and undisputed and they may be gathered from the transcript of the proceedings of the house produced before us by the assembly at the time of the admission of the petition.2. the petitioners are members of the gujarat legislative assembly belonging to the opposition. the present ruling party in the assembly is congress (organisation). the assembly was summoned by the governor to meet on 18th february 1970 in exercise of his power under article 174 of the constitution and according to the schedule fixed by the speaker, the assembly session was to continue upto 8th april 1970. the government business was first taken up by the assembly and it occupied the time of the house from 18th february 1970 to 28th march 1970. no private members business was transacted in the assembly upto that date since the days allotted by the speaker for private members' business were all after 28th march 1970. on 27th march 1970 there was a meeting of the business advisory committee which is a committee constituted by the speaker under .....

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Aug 29 1970 (HC)

Basudev Vs. Damodar Lal

Court : Rajasthan

Decided on : Aug-29-1970

Reported in : AIR1971Raj115

c.m. lodha, j. 1. in this second appeal by the defendant-tenant two points have been argued on behalf of the appellant. it is contended in the first instance that section 2 (2) proviso (e) of the raiasthan premises (control of rent and eviction) act, 1950 (which, hereinafter, will be referred to as the 'act') is ultra vires of article 14 of the constitution of india and is, therefore, liable to be struck down. it is submitted that it is on account of the aforesaid provision that the defendant-appellant has not been given protection of the said act. in the second place it is contended that the finding of the learned district judge no. 1, jaipur city, jaipur, that the plaintiff requires the room in question bona fide for his personal necessity is not sustainable on account of omission on the part of the learned judge to consider that only a little before the service of notice of termination of tenancy, the plaintiff had let out other rooms in the building. 2. i would first consider the question of constitutionality of section 2 (2) proviso (e) of the act. but before i do so, i may observe that according to the plaintiff the room in question, which is the subject-matter of this litigation was constructed in november 1964 and the suit was brought on 25th of may, 1967, that is, after about three years and one month of the completion of the construction of the room; whereas according to the defendant more than ten years had elapsed on the date of the institution of the suit since .....

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Aug 21 1970 (HC)

Ganga Saran and Sons (Private) Ltd. Vs. Income-tax Officer and ors.

Court : Kolkata

Decided on : Aug-21-1970

Reported in : [1971]82ITR29(Cal)

1. this is an application under article 226 of the constitution impugning the validity of a notice of reassessment under section 148 of the income-tax act, 1961, in respect of the assessment year 1959-60. the petitioner, ganga saran & sons (p.) ltd., is a private limited company which was incorporated in march, 1947, with ganga saran sharma as its managing director while the other directors of the company were deo dutt sharma, a.c. agarwal and sankarlal sharama, for the assessment year 1948-49, the income-tax officer, 'b' ward, companies district i, calcutta, who made the assessment, disallowed a large part of the amounts claimed as deduction as payments to the directors on account of their commission, bonus and other perquisites. no appeal was filed from the assessment for this year. in the assessment for 1949-50, the income-tax officer again disallowed their claim for deduction of the sums paid to the directors including the managing director on account of commission and bonus. in this year the commission paid to the three directors other than the managing director was rs. 15,674 and the bonus was rs. 6,000 in addition to the salary paid to the directors. it should be mentioned that in addition the director, deo dutt sharma, used to get a remuneration of rs. 1,000 per month. on appeal by the company, the appellate assisstant commissioner allowed the entire amount claimed to have been paid as bonus and commission to the directors of the petitioner-company. the appellate .....

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Nov 23 1970 (FN)

North Carolina Vs. Alford

Court : US Supreme Court

Decided on : Nov-23-1970

north carolina v. alford - 400 u.s. 25 (1970) u.s. supreme court north carolina v. alford, 400 u.s. 25 (1970) north carolina v. alford no. 14 argued november 17, 1969 reargued october 14, 1970 decided november 23, 1970 400 u.s. 25 appeal from the united states court of appeals for the fourth circuit syllabus appellee was indicted for the capital crime of first-degree murder. at that time, north carolina law provided for the penalty of life imprisonment when a plea of guilty was accepted to a first-degree murder charge; for the death penalty following a jury verdict of guilty, unless the jury recommended life imprisonment; and for a penalty of from two to 30 years' imprisonment for second-degree murder. appellee's attorney, in the face of strong evidence of guilt, recommended a guilty plea, but left the decision to appellee. the prosecutor agreed to accept a plea of guilty to second-degree murder. the trial court heard damaging evidence from certain witnesses before accepting a plea. appellee pleaded guilty, although disclaiming guilt, because of the threat of the death penalty, and was sentenced to 30 years' imprisonment. the court of appeals, on an appeal from a denial of a writ of habeas corpus, found that appellee's guilty plea was involuntary because it was motivated principally by fear of the death penalty. held: the trial judge did not commit constitutional error in accepting appellee's guilty plea. pp. 400 u. s. 31 -39. (a) a guilty plea that represents a voluntary .....

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Jun 23 1970 (FN)

California Vs. Green

Court : US Supreme Court

Decided on : Jun-23-1970

california v. green - 399 u.s. 149 (1970) u.s. supreme court california v. green, 399 u.s. 149 (1970) california v. green no. 387 argued april 20, 1970 decided june 23, 1970 399 u.s. 149 certiorari to the supreme court of california syllabus respondent was convicted of furnishing marihuana to a minor in violation of california law, chiefly on the basis of evidence consisting of prior inconsistent statements made by the minor (porter) (1) at respondent's preliminary hearing and (2) to a police officer. these statements were admitted under california evidence code 1235 to prove the truth of the matters asserted therein. the district court of appeal reversed. the california supreme court affirmed, and held 1235 unconstitutional insofar as it permitted the substantive use of a witness' prior inconsistent statements even though such statements were subject to cross-examination at a prior hearing. held: 1. the confrontation clause of the sixth amendment, as made applicable to the states by the fourteenth amendment, is not violated by admitting a declarant's out-of-court statements as long as he is testifying as a witness at trial and is subject to full cross-examination. the purposes of the amendment are satisfied at the time of trial, even if not before, since the witness is under oath, is subject to cross-examination, and his demeanor can be observed by the trier of fact. pp. 399 u. s. 153 -164. 2. even in the absence of an opportunity for full cross-examination at trial, the .....

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Jun 22 1970 (FN)

BaldwIn Vs. New York

Court : US Supreme Court

Decided on : Jun-22-1970

baldwin v. new york - 399 u.s. 66 (1970) u.s. supreme court baldwin v. new york, 399 u.s. 66 (1970) baldwin v. new york no. 188 argued december 9, 1969 decided june 22, 1970 399 u.s. 66 appeal from the court of appeals of new york syllabus appellant was charged with a misdemeanor in the new york city criminal court. under 40 of the new york city criminal court act all trials in that court are without a jury. appellant's motion for a jury trial was denied, he was convicted, and given the maximum sentence of a year's imprisonment. the highest state court affirmed, rejecting appellant's contention that 40 was unconstitutional. held: the judgment is reversed. pp. 399 u. s. 67 -76. 24 n.y.2d 207, 247 n.e.2d 260, reversed. mr. justice white, joined by mr. justice brennan and mr. justice marshall, concluded that defendants accused of serious crimes must, under the sixth amendment, as made applicable to the states by the fourteenth amendment, be afforded the right to trial by jury, duncan v. louisiana, 391 u. s. 145 , and though "petty crimes" may be tried without a jury, no offense can be deemed "petty" for purposes of the right to trial by jury where imprisonment for more than six months is authorized. pp. 399 u. s. 68 -74. mr. justice black, joined by mr. justice douglas, concluded that the constitutional guarantee of the right to trial by jury applies to "all crimes," and not just to those crimes deemed to be "serious." pp. 399 u. s. 74 -76. page 399 u. s. 67 mr. justice white .....

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