Court : Mumbai
Decided on : Sep-11-1970
Reported in : AIR1972Bom242; ILR1971Bom1006
..... have been suffering from social and economic handicaps for centuries and one of the ways by which their conditions can be ameliorated by making students, who get even somewhat lower marks, to be eligible for admission to medical colleges; and this must be considered as a measure in advancement of these backward communities.21.similarly, the contention of mr. paranjpe ..... 2) lack of general educational advancement among the major section of a caste or community; (3) inadequate or no representation in government service; (4) inadequate representation in the field of trade, commerce and industry and (5) their economic backwardness and consequent inability to take advantage of the available opportunities as well as the recent trends in their advancement as a result ..... 40 per cent of total marks'. rule 2 which is the most material rule relevant to the challenge in this petition runs as follows :-'admissions are granted once a year only at the medical college ..... students of respective universities. applications submitted by the students wrongly will not be considered. n. b. 2. the students who have secured less than 45 per cent of total marks will not be considered for admission. similarly the students belonging to the scheduled castes, scheduled tribes etc., and applying for admission to reserved seat should have secured not less than .....Tag this Judgment!
Court : Mumbai
Decided on : Jan-14-1970
Reported in : 41CompCas557(Bom)
nathwani, j. 1. this is an appeal against the judgment and decreed of the principal judge, city civil court, bombay, dismissing the plaintiff's suit except for rs. 1,000 awarded as damages and interest thereon. the plaintiff filed the suit against the defendants for return of 40 bales of yearn pledged by him with the first defendant bank, or for rs. 14,210 as the value thereof, or in the alternative for the said sum of rs. 14,210 as damages for failure to return the said 14 bales, and interest and costs. the plaintiff had also, in addition to the aforesaid reliefs, claimed rs. 5,000 as damages for dishonour of three cheques drawn by him on his current account maintained in the first defendant bank and interest thereon, 2. the plaintiff's case may be briefly stated as under : the plaintiff was at all material times carrying on business as merchant in cotton yarn in bombay in the firm name and style of m/s roopnarayan sharma; that he used to store his cotton-yarn bales on godown no. 8 gulalwadi bombay; that prior to 15th september, 1963, the plaintiff had a current account with the first defendant bank its kalbadevi branch in the firm name and style of m/s roopnarayan sharam; that on or about 15th september, 1953, the plaintiff obtained from the defendants a cash credit account facility and the first defendants opened in the plaintiffs name at its kalbadevi branch a cash credit account; that the first defendants agreed to advance in the said account a sum of rs. 50,000 to the .....Tag this Judgment!
Court : Mumbai
Decided on : Feb-05-1970
Reported in : (1970)72BOMLR723
vimadalal, j.1. this is a petition filed by the sole surviving executor of the will of one girdharlal nahalehand for review of the order passed by me in chambers on march 20,1969 whereby i had ordered that the inventory and accounts filed by the said executor and tendered in court on that day be taken on file and had given further directions in the following terms:-and i do further order that in the event of accounts being disputed the same be referred to the commissioner of this honourable court for taking accounts and i do further order that the commissioner do examine the same and certify to this court whether the said inventory and accounts represent a true, complete and just account of the administration of the estate of the abovenamed deceased.2. in the proceedings that ensued before the commissioner of accounts, on august 12,1969, the applicant, who is a legatee under the will of the deceased and at whose instance the said order was made, brought in objections and surcharges to the inventory and accounts filed by the petitioner-executor and several meetings thereafter took place before the commissioner. in para. 7 of the present petition, it is submitted that, under section 817 of the indian succession act, the only obligation cast upon an executor is to exhibit a true inventory containing a full and true estimate of all the property and an account of the estate. it is further submitted in the said paragraph that there is no obligation in law cast upon an executor .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Jul-07-1970
Reported in : AIR1972AP156
..... on 'marriage and stridhana' to remark 'the difference between the customary law of marriage and the general hindu law on the subject is no-where so considerable or so strongly marked as in southern india.' thus it is clear that the body of personal law known as hindu law was neither the personal law of all hindus, nor was it the .....Tag this Judgment!
Court : Allahabad
Decided on : Jul-23-1970
Reported in : AIR1971All201
mukerjee, j.1. the material facts giving rise to this appeal are as follows: the appellant smt. kirakali was the wife of respondent dr. ram asray avasthi, a professor in the christ church college, kanpur. the marriage took place in the year 1950 and thereafter the parties lived together as husband and wife and a daughter named saroj devi was born to them. subsequently, the parties fell out and the respondent filed a petition under section 13 of the hindu marriage act in the court of the civil judge. fatehpur for the dissolution of his marriage with the appellant. the petition was registered as suit no. 9 of 1964 in the court of the civil judge. in that suit a compromise was arrived at between the parties to the effect that there will he a decree for judicial separation instead of a decree for divorce. a decree in terms of the compromise was passed by the court on 20-3-1965.2. more than two years after the date of the consent decree in the above suit the respondent filed a petition in the civil court stating that there had been no cohabitation between him and his wife after the decree for judicial separation had been passed. the respondent, therefore, asked for a decree for dissolution of the marriage under section 13(1-a)(i) of the act.3. the appellant resisted thedecree for divorce asked for by the respondent. her contention was that she was persuaded to give her consent to the judicial separation by fraud, misrepresentation practised by the respondent. she stated that she .....Tag this Judgment!
Court : Allahabad
Decided on : Jul-13-1970
Reported in : 78ITR714(All)
t.p. mukerjee, j.1. this is a reference made by the appellate tribunal under section 27(1) of the wealth-tax act (hereinafter referred to as 'the act'). the reference has been made at the instance of maharaja vibhuti narain singh of varanasi (hereinafter referred to as 'the assessee'). the statement of the case submitted by the tribunal relates to the assessment years 1957-58 and 1959-60, the corresponding period being the 31st march, 1957, and the 31st march, 1958.2. the material facts bearing on this reference are as follows:3. the assessee was previously the ruler of a native state called thebanaras state. on 5th september, 1949, there was an agreement between the governor-general of india and the assessee. india at that time enjoyed dominion status under the british crown. article i of that agreement, extracts from which have been annexed to the statement of the case as annexure 'a', runs as follows:'the maharaja of banaras hereby cedes to the dominion government full and exclusive authority jurisdiction and powers for and in relation to the governance of the state and agrees to transfer the administration of the state to the dominion government on the 15th day of october, 1949 (hereinafter referred to as 'the said day') as from the said day, the dominion government will be competent to exercise the said powers, authority and jurisdiction in such manner and through such agency as it may think fit.';4. article 2 entitles the assessee to receive the sum of rs. 2,80,000 free .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Dec-15-1970
Reported in : AIR1971SC530; (1971)1SCC85; 3SCR9
..... purse guaranteed by article 291 are the same as mentioned in the covenants but in other vital respects the provisions of article 291 constitute a marked departure from the provisions of the covenants.(3) first, whereas the liability under the covenant was that of the relevant state or the united ..... into diplomatic agents representing a foreign power into executive and controlling officers of a superior government. the charter of 1833 abolished the company's trading activities and the company assumed the functions of the government of india. lord dalhousie acquired vast territories for the company conquering the punjab and ..... creditor has right only against the debtor and not against a thing.62. this old concept of property is no longer held to be true. mark by, elements of law 1871, 6th edition p. 320) regards the liability of the promisor as itself a thing which is capable of being ..... a certain measure of hostility among persons who were oblivious of the constitutional transition in india. the summary of the proceedings of these conferences were marked collectively as annexure a annexed to the affidavit of the union of india. it shows six meetings between november 3, 1967 and january 8, ..... the company entered into treaties with indian states in the early stages aiming at no more than securing for the company a privileged position in trade against its rivals. for the first time the parliament of england asserted its authority and control over the east india company's activities both .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Mar-25-1970
Reported in : (1971)3SCC923
j.c. shah, j.1. barbara alias dolly sethurathinam and her daughter mary anne alias anne thirumagal filed an application in the court of the additional 1 class magistrate, trichirappalli, against sethurathinam pillai under section 488 of the code of criminal procedure for an order directing payment of maintenance to them. they claimed that the first applicant barbara was married to sethurathinam in 1944, that the second applicant mary anne was their daughter; that the first applicant had lived with him in madras till april, 1966, and that thereafter they had shifted to tiruchy and since then the respondent sethurathinam had failed and neglected to maintain the applicants. at the date of the application mary was 20 years of age. sethurathinam denied that he had married barbara. he stated that she was his mistress and that he had maintained her for some time and had sent her money, but he had not married her. the learned trial magistrate, without deciding whether in fact a marriage had taken place, held that since the daughter mary anne had been baptised as a christian and had lived as a christian the story of barbara that she was converted to hinduism before she married sethurathinam could not be accepted. he held that the marriage set up by the first applicant barbara was not proved, and from the fact that sethurathinam and barbara had lived together for some years an inference of marriage could not be raised. the learned trial magistrate further held that mary anne was not a .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Mar-13-1970
Reported in : AIR1970SC1477; (1970)2SCC369; 1SCR8
j.c. shah, j. 1. at an election held in june 1963 for electing a member from the kasdol constituency in the state of madhya pradesh, d. p. mishra who stood as a candidate on 'the congress ticket' was declared elected. the rival candidate kamal narayan sharma filed a petition for setting aside the election of mishra on the grounds that the latter had committed corrupt practices at the election in that he offered to bribe sharma, by offering through his agent dr. ausaf hussain to pay sharma a sum of rs. 50,000/-as inducement for withdrawing from the contest and thereby committed a corrupt practice defined in section 123(1) of the representation of the people act, 1951; that mishra published on april 12, 1963, april 26, 1963 and may 4, 1963 in a hindi newspaper 'mahakoshal' edited, published and printed by shyamacharan shukla (who was engaged an authorised agent by mishra to conduct election campaign on his behalf) statements of facts which were false and which they believed to be false or did not believe to be true, in relation to the personal character arid conduct of sharma and in relation to sharma's candidature, such statements being reasonably calculated to prejudice the prospects of sharma's election and thereby committed corrupt practice defined in section 123(4) of the representation of the people act, 1951; that mishra through his agents and workers hired or procured on payment or otherwise motor-vehicles and bullock-carts for conveying electors to the polling stations .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Sep-10-1970
Reported in : AIR1971SC1295; (1970)2SCC888; 2SCR118; 1970(3)WLN29
hegde, j.1. this appeal raises the question as to the validity of the election of mr. r.k. birla to the lok sabha, in the general election held in 1967, from the jhunjhunu constituency in the state of rajasthan. the election for that constituency was held in the month of february 1967. the notification calling upon the constituency to elect one member to the lok sabha was published on january 13, 1967. the last date for riling the nomination was january 20, 1967. several persons filed their nominations but some out of them withdrew later. eleven persons including mr. r.k. birla (respondent no. 1) and mr. morarka radheshyam (respondent no. 2) contested the election. the polling took place on february 15, 18 and 20th. counting commenced on the 21st of that month and completed on the 23rd on which date results were declared. according to the declaration made by the returning officer, respondent no. 1 secured 1,50,546 votes and respondent no. 2, 1,04,023. it is not necessary to refer to the other candidates in the course of this judgment. respondent no. 1 was declared elected.2. the appellant who is a voter in the jhunjhunu constituency and a supporter of mr. morarka challenged the election of the respondent under section 81 of the representation of the people act, 1951 (which will hereinafter be referred to as the act) on various grounds. his petition was tried and dismissed by a single judge of the rajasthan high court. thereafter he has brought this appeal under section 116a .....Tag this Judgment!