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Case Laws
Showing 1 to 20 of 74 Records
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1972 (4) TMI 109 - MADRAS HIGH COURT
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... ... ..... n mind that under S. 110-B of the Motor Vehicles Act, the jurisdiction of the Tribunal to award 'just compensation' is very wide and comprehensive, we cannot say that this situation envisaged by Denning L. J. has arisen in this case. Amongst other considerations, the Tribunal has awarded damages on the basis that the victim is likely to contribute a sum of ₹ 100 per mensem for about 45 years. It may be that one can take a view that the likely monthly contribution may be more and the period may be less, but it is not possible to be dogmatic in such matters. If an award of £.11,000 in the case of a child of 20 months has been upheld by the Court of Appeal in England, we cannot say that the award of ₹ 25,000 in the case of a boy of 12 years is so excessive as not to be just within the meaning of Section 110-B of the Motor Vehicles Act. For all these reasons, we confirm the decision of the Tribunal and dismiss the appeal with costs. 11. Appeal dismissed.
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1972 (4) TMI 108 - HIGH COURT OF GUJARAT
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... ... ..... iscussed. Besides, in any event, the authority ever posed the right question at all as 10 the degree and extent of the harmful activity of the petitioner so as to constitute himself a menace to the locality and unless he posed the right problem and analysed that problem dispassionately, he could never be said to have done his duty fairly and justly as required by the statute. He was bound to consider whether this particular activity which he now relies upon of manufacturing liquor had reached to such an extent as would require the authority to take this extreme action so that the community can be saved from harm being done by this individual who had become a public menace. 9. Therefore, even on that ground it is not open to Mr. Nanavati to support this order. 10. In the result this petition must be allowed by quashing the impugned Order which is a wholly ultra vires order. Rule is accordingly made absolute. There shall be no order as to costs in the circumstances of the case.
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1972 (4) TMI 107 - SUPREME COURT
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... ... ..... dabad dated 5th February, 1964 passed in Appeal (I.C) No. 123 of 1963 must be quashed and set aside and we direct that the matter should now be decided by the Industrial Court in the light of the observations made above 18. There is no cogent ground why this matter should be decided by this Court and not by the Industrial Court in the normal course as directed by the High Court, In our opinion the order of the High Court is legally correct and is also eminently just and fair. We are unable, therefore, to agree with Mr. Desai that this order requires any interference . The principle followed by the High Court is the one which was laid down by this Court in J.K. Cotton Spg. and Wvg. Mills case (supra). The decisions of the Labour Court and the Industrial Court were based on misconception of the legal position and the High Court was within its authority to interfere under Article 227 of the Constitution to quash them. 19. The appeal accordingly fails and is dismissed with costs.
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1972 (4) TMI 106 - MADRAS HIGH COURT
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... ... ..... given by the foreign Court is vitiated by any one of the infirmities under Section 13(a). The fact that out of the six exceptions there has been due compliance of some of the conditions and there has been no violation of some of the exceptions will not avail. The decree can be executed under Section 44-A only if all the conditions of Section 13(a) to (f) are satisfied. In other words, even if the Singapore High Court was a Court of competent jurisdiction either because of the residence of the defendant in Singapore or because of his voluntarily submitting to the jurisdiction of the foreign Court, the decree cannot be executed if, under Section 13(b) the decree had not been given on the merits of the case. The foreign decree can be executed under Section 44-A only if all the conditions are concurrently satisfied. For all these reasons, we agree with the decision of the learned Subordinate Judge. In the result the appeal fails and the same is accordingly dismissed with costs.
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1972 (4) TMI 105 - SUPREME COURT
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... ... ..... s if they are parts of estates are not exempt. 8. Lands planted with eucalyptus or teak are agricultural lands and so are not exempt. 9. The provision for settlement of tenants of kudiyiruppus or kidikidippukars in small holdings would be covered by agrarian reform or purposes ancillary thereto. 10. Lands which are interspersed between sites of commercial undertakings and house sites in municipalities with lands surrounding them are not agricultural lands fit for acquisition under the Act. 49. In. the result, we hold that save that the provisions of the Act making discrimination against pepper and areca plantations are bad only if the lands are not estates and that the lands interspersed between sites of commercial undertakings and house sites in municipalities with lands surrounding them cannot be acquired as the same are not agricultural lands. Except as above the provisions of the Kerala Land Reforms Act are beyond challenge. The parties will pay and bear their own costs.
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1972 (4) TMI 104 - DELHI HIGH COURT
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... ... ..... it is not necessary to consider the contention of Shri Anoop Singh that respondent 1 (defendant 1) has been passing off and or is likely to pass off its cycles as those of the appellant (plaintiff). No arguments were advanced before us by the learned counsel for the appellant (plaintiff) regarding the reliefs by way of damages and delivery of alleged offending goods etc. prayed for in clauses E and F of paragraph 20 of the plaint. (41) For the above reasons, the appeal is allowed, and the decree of the learned District Judge, dated 27-11-1961, is set-aside, and the suit No. 18 of 1959 filed by the appellant (plaintiff) is decreed by granting a permanent injunction restraining respondent 1 (defendant 1) from using the mark "ROYAL STAR" in relation to its cycles or cycle accessories, and from proceeding with its application No. 177777 in the Trade Marks Registry at Bombay. The appellant (plaintiff) is entitled to its costs throughout from respondent 1 (defendant 1).
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1972 (4) TMI 103 - SUPREME COURT
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... ... ..... rder of detention, which have to be communicated to the detenu as soon as practicable, are conclusions of facts, and those conclusions of facts have to be communicated to the detenu as soon as may be. 11. We may also refer to the judgment of this Court in State of Bombay v. Atma Ram Sridhar Vaidya 1951CriLJ373 , a case under the Preventive Detention Act, Kania C.J. said (p. 178) By their very nature the grounds are conclusions of facts and not a complete detailed recital of all the facts.... These conclusions are the "grounds" and they must be supplied. 12. All the above decisions in our opinion clearly show what the requirements of the Criminal Law Amendment Act are and it appears to us that the State Government merely gave its opinion and not the grounds for its opinion. As such the judgment of the High ' Court must be set aside and the order of Government dated July 1, 1967 must be quashed. The appellant will be entitled to return of all the books forfeited.
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1972 (4) TMI 102 - SUPREME COURT
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... ... ..... on 42 of the Madras Revenue Recovery Act provides that all lands brought to sale on account of arrears of revenue shall be sold free of all encumbrances. The liability of the land to be sold under s. 7 (c) of the Act was a pre-existing charge and that subsisted as from the date of the loan. This was not affected by the institution of the suit for partition. This charge could be enforced by the State, notwithstanding the pendency of the partition suit. No decree in the Partition suit could have effaced the charge. Therefore, if the State has sold only the property in respect of which loan was taken, the purchaser-defendant No. 12-is not prejudiced by the, principle of lis pendens. Therefore, the direction of the High Court was right insofar as it directed the Trial Court to separate the properties for the improvement of which the loans under the Land Improvement Loans Act were taken, from the other properties. In the result the appeal fails and is dismissed. Appeal dismissed.
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1972 (4) TMI 101 - SUPREME COURT
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... ... ..... the time of arguments before the Rent Control Tribunal. None of the other points proposed to be raised before the High Court was urged before us. 10. In the above view of the matter the judgment of the High Court has to be set aside and that of the Rent Control Tribunal and the Rent Controller restored in the appeal arising out of S.A.No. 278/69. The other appeal arose out of S.A. 57/67 which had been filed by the appellant against the judgment refusing to strike out the defence of the respondent company. This was dismissed by the High Court without any hearing in view of the decision in the other appeal. As the main appeal of the appellant arising out of the suit for eviction is being allowed it is unnecessary to make any Order in the other appeal as the same has become infructuous. The appellant will be entitled to costs in this Court as also in the High Court. The respondent company will have six months to vacate the premises and hand over the possession to the appellant.
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1972 (4) TMI 100 - SUPREME COURT
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... ... ..... ---------------------------------- o p /o p 14.02 14,76,706 o p /o p -------------------------------------- o p /o p From the above, it will be seen that the workmen will be entitled to bonus at 14.02 of their total salary or wages and the amount will be ₹ 14,76,706 and not ₹ 20 as awarded by the Tribunal. From this it follows that the further direction in the Award of the Tribunal regarding set on cannot be accepted. Admittedly, the Company has already declared and paid ₹ 14,22,922 representing 13.51 of the total wages or salary. Therefore, the balance additional amount that the Company will have to pay by way of bonus to make up the 14.02 , as stated above, is ₹ 53,714. This amount will be paid by the Company within a period not exceeding two months from today. o p /o p The Award of the Industrial Tribunal is accordingly modified and the appeal allowed in part. Parties will bear their own costs. o p /o p G.C o p /o p Appeal allowed in part. o p /o p
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1972 (4) TMI 99 - SUPREME COURT
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... ... ..... is not a fit case in which the extreme penalty need be exacted from the accused. It is the case of the prosecution itself that the accused suspected the fidelity of Churi deceased and believed that Joginder had been born to her as a result of her adulterous conduct. Had Joginder been the son of the accused, the accused would have had a natural affection for the child and it is difficult to believe that he would have insisted upon Churi staying with him without the child. It is also the case of the prosecution that shortly before the occurrence, the accused enquired from the deceased regarding the father of the boy and the deceased thereupon abused him. The act of the deceased in abusing the accused must have been taken by the accused to be adding insult to the injury by an unchaste wife. In view of the above, it would, in our opinion, meet the ends of justice if the accused is awarded tile lesser penalty. We, therefore, alter his sentence into that of imprisonment for life.
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1972 (4) TMI 98 - SUPREME COURT
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... ... ..... the provisions of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, for the impugned Act in that case (U.P. Act No. 1 of 1964) had amended S. 3 (8) of that Act of 1950. This grant in the nature of the jagir stood in the same position as all the big zamindaris and jagirs in Uttar Pradesh. It has never been urged that the Act of 1950 was not a measure of agrarian reform. The third object-settlement of agriculturists and agricultural labour it seems to us, is clearly covered by the expression "agrarian reforms". The main object of agrarian reforms has been to acquire excess land and settle landless labourers and agriculturists. We are accordingly of the opinion that the three purposes the. first two reads as we have indicated-are covered by the expression "agrarian reform" and the legislation is protected from challenge by art. 31-A. In the result the petition fails and is dismissed, but there will be no order as to costs. Petition dismissed.
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1972 (4) TMI 97 - SUPREME COURT
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... ... ..... n public interest to terminate the rights of the plantation lessees. Till such time as such a notice is given, the matter is purely of an academic nature. In case the Government decides not to terminate the lease of the plantation lessees, any discussion in the matter would be an exercise in futility. If, on the contrary, action is taken by the Government under section 17 in respect of any lease of land for purposes of the cultivation of plantation crop, the aggrieved party can approach the court for appropriate relief. As a result of the above, we uphold the vires of the Act, except in one respect. The provisions of section 3 in so far as they relate to the transfer of forests in janmam estates to the Government are not protected by article 31A and being violative ,of the Constitution are struck down. The appeals and writ petition are disposed of accordingly. The parties, in the circumstances, are left to bear their own costs throughout. Appeals and petition allowed in part
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1972 (4) TMI 96 - PUNJAB AND HARYANA HIGH COURT
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... ... ..... e respondents at the end of the arguments pointed out that the Income tax Department had asked for the payment of ₹ 25,000/- from the amount ceased from the petitioner towards his income tax dues. That matter should be dealt with by the respondents in accordance with the provisions of the Income tax Act and if, in accordance with those provisions, the payment has to be made to the Income tax Department and is so made, it will be deemed as if that amount has been returned to the petitioner in consequence of this order. To make it clear, it will not be considered as a disobedience of this order, if the amount claimed by the Income tax Department is paid to it, but it must be on account of the amount due to that Department from the petitioner and not on account of any amount due from any other person. Since the matter was not free from difficulty and the petitioner has been successful only in part, I leave the parties to bear their own costs. 15. Petition allowed in part.
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1972 (4) TMI 95 - SUPREME COURT
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... ... ..... lying Article 171 of our Constitution, that the omission was either unintentional or that it led to absurd results. We think that, by adding a deemed to be necessary or implied qualification of a representative of the Graduates which the Constitution makers, or, in any event, the Parliament, could have easily imposed, the learned Judge had really invaded the Legislative sphere. The defect, if. any, in the law could be removed only by law made by Parliament. We conclude, after considering all the relevant constitutional and statutory provisions relating to the qualifications of a candidate for election from the Graduates' constituency of the Legislative Council of the Madras State, that the appellant possesses all the qualifications laid down for such a candidate. Therefore, we allow this appeal, set aside the Judgment and order of the Madras High Court, and dismiss the, Respondent's election petition. The appellant is entitled to his costs throughout. Appeal allowed.
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1972 (4) TMI 94 - MADRAS HIGH COURT
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... ... ..... oceeded on the basis that if an offence had been committed under section 10-A, it must be taken that the concerned assessee never applied for and obtained any valid certificate in form C which would entitle him to have the beneficial rate of tax and that, therefore, the penalty leviable under section 10-A can only be 1 frac12 times the normal tax, i.e., 1 frac12 times the tax the dealer will have to pay if he had no C form certificate. If the principle on which the learned judges proceeded is correct, then there is no question of any offence being committed by the assessee in not taking a C form certificate, though the assessee may be thrown open to a larger and normal rate of tax in the place of the concessional rate of tax. With due respect we are, therefore, not inclined to accept the principle laid down in the above two decisions of the Mysore and the Orissa High Courts. The result is that the tax cases are dismissed with costs in one set of Rs. 150. Petitions dismissed.
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1972 (4) TMI 93 - MADRAS HIGH COURT
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... ... ..... he facts of this case, we are of the view that the assessee in this case who has added half a per cent. of the actual sale price in his invoices and collected the same from the purchasers, who are under no legal obligation to pay the same, should be treated as part of the consideration for which the goods have been sold by him. It is an amount collected on the occasion of sale, in the sale bills. We are not inclined to accept the assessee s contention that the payments have been made voluntarily by the purchasers, for we have not been shown any instance in which the goods have been sold without charging the mahimai. We will have to, therefore, assume that the assessee would not have parted with the goods unless the purchasers agreed to pay the mahimai also. It has, therefore, to be held that the amount of mahimai collected by the assessee will form part of the turnover. The result is, the tax revision case is dismissed, but in the circumstances, no costs. Petition dismissed.
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1972 (4) TMI 92 - MADRAS HIGH COURT
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... ... ..... ve flowed from or accompanied it. One of those in this case is emancipation from the 1939 level of rents. The statute says that you must imagine a certain state of affairs it does not say that having done so, you must cause or permit your imagination to boggle when it comes to the inevitable corollaries of that state of affairs. We are, therefore, of the view that the effect of the retrospective operation of the amended Act 27 of 1970 is that the explanation inserted by section 1(2) would, for all legal purposes, have to be deemed to have been included in the principal Act as and from 1st April, 1959. If that is done, the assessee cannot have the benefits of section 3(3) in this case, as the groundnut oil is not a visually identifiable constituent of the finished product. The Tribunal s order is, therefore, set aside, and the assessee is held not entitled to the benefits of section 3(3) of the Act for the transactions in question. Tax case allowed no costs. Petition allowed.
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1972 (4) TMI 91 - MADRAS HIGH COURT
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... ... ..... e petitioner did not in fact resist the assessments being made against it on the ground that it did not supply refreshments at all to students. As already stated, the association was assessed by the sales tax authorities on the ground that it has sold refreshments to its members as well as the students, who are non-members. If really the association has not sold the refreshments at all and it is the hostel run by the students themselves that supplied the refreshments to themselves, these facts should have been brought before the assessing authorities even at the time of the original assessment against the association. It is not possible for me, at this stage, in this writ petition which is directed against the impugned demand made against the petitioner-association, to go into the factual position as to whether, in fact, the supply was by the association or by the hostel run by the students themselves. The writ petition is, therefore, dismissed. No costs. Petition dismissed.
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1972 (4) TMI 90 - ORISSA HIGH COURT
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... ... ..... sell the goods to the purchasers in his own right to pass a valid title or the sale was on behalf of the opposite party. (iv) Without a further probe into materials it is not possible to say whether the opposite party cannot be assessed in respect of the impugned inter-State sale. The Tribunal after the case goes back to it must call upon the parties to produce the relevant materials for determination of the real character of the impugned inter-State sale. 13.. On the aforesaid analysis, our answer to the question of law referred to us would be in the negative, that is to say, the Tribunal was not correct in saying that the opposite party is not liable to be taxed in respect of the impugned inter-State sale. The Tribunal has to ascertain further facts before recording its conclusion one way or the other. 14.. In the result, the references are allowed as indicated above. In the circumstances, parties to bear their own costs. PANDA, J.-I agree. References answered accordingly.
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