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1968 (11) TMI 116
... ... ... ... ..... vernment to appoint any person as a Public Analyst by name. It can be done even by virtue of his office also. It is also true that certain qualifications are prescribed for appointment as a Public Analyst and the accused had not taken any objection whatsoever in the trial Court that Shri Dutta was not so qualified. That being the position, and it being a question of fact, it cannot be allowed to be raised here. In view of the aforesaid discussion, we are of the view that the view taken by the learned Sessions Judge in acqu....... + More
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1968 (11) TMI 115
... ... ... ... ..... en retrenchment took place. We have no doubt in our mind that some of the findings arrived at by the Tribunal and which influenced its verdict were beyond its competence. The rest were either speculative or contrary to the evidence on record and were consequently liable to be set aside in a writ petition for. certiorari. The Division Bench of the High Court, therefore, was not correct in its view that the learned Single Judge could not interfere with those findings or that such findings did not fall under one or the other ....... + More
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1968 (11) TMI 114
... ... ... ... ..... forgotten that under Section 34, not only there must be readiness and willingness to go to arbitration at the time when the proceedings were commenced, but such readiness and willingness must continue. Here, no stay has been obtained in the Court below and an appeal has been preferred. The entire matter, therefore, is open before us. We have the same rights as those of the Court below. If this appeal succeeds, then we shall have to make an order for stay, and we cannot ignore the wordings of Section 34 which requires that ....... + More
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1968 (11) TMI 113
... ... ... ... ..... r Section 6 of the Rent Act is one thing. The contractual liability as a consideration for the demise is an entirely different thing and, here, for the purpose of Section 30 of the Act, to take the premises out of the Rent Act, what has to be found is the agreed or contractual rent. There is no admissible evidence that the contractual rent is different from what is stipulated in the lease deed. If the extra municipal tax of ₹ 1,212 cannot be treated as rent, the rent paid falls below a monthly rent of ₹ 400. It....... + More
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1968 (11) TMI 112
... ... ... ... ..... ion relating to the returned candidate. I further hold that the prayer being not legally permissible and no valid prayer, the respondent No. 1 or any other party to the election petition did not acquire any right to file recrimination petition and that the recrimination petition, therefore, is also not maintainable. I, therefore direct that the prayer in the election petition relating to the declaration about the respondent No. 1 as having been duly elected be deleted. The recrimination petition becomes non-maintainable an....... + More
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1968 (11) TMI 111
... ... ... ... ..... f the suit is not ab initio void it is voidable. As stated in Latey on Divorce, 14th Edn., at p. 194, Article 353 Where impotence is proved the ceremony of marriage is void only on the decree absolute of nullity, but then it is void ab initio 'to all intents and purposes'. Such a marriage is valid for all purposes, unless a decree of nullity is pronounced during the life-time of the parties. 22. When the letters were written by Poonan to Rathi, they were husband and wife. The bar to the admissibility in evidence of....... + More
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1968 (11) TMI 110
... ... ... ... ..... n the aforesaid provisions. The court, however, has to be very careful and circumspect in weighing the evidence where there has been such a failure on the part of the investigating agency but unless and until some prejudice is shown to have been caused to the accused person or persons the conviction and the sentence cannot be set aside. It may not be out of place to reiterate what was said in H.N. Rishbud and Inder Singh v. The State of Delhi( 1955 1 S.C.R, 115), that a defect or an ii.legality in the investigation, howeve....... + More
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1968 (11) TMI 109
... ... ... ... ..... by the State Government under s. 11 (1 ) of the Act in the case of these seven petitioners also are illegal and ultra vires and these petitioners are also entitled to be set at liberty forthwith. As regards the cases of the remaining petitioners, nos., 8, 9 and 21, Chandan P. Sharma, Sk. Sahajahan and Bind Parmeshwar Prasad, alias Bindeshwari Prosad respectively, we have persued the orders of detention and the grounds supplied to these petitioners. It is not shown by learned Counsel on their behalf that there is any illega....... + More
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1968 (11) TMI 108
... ... ... ... ..... 493(1). In my opinion, none of these decisions supports the case of the appellants in this case. These decisions merely lay down that under Order 21, Rule 66 , Civil P. C., the Court has an obligation to mention the valuations given by the decree-holder as well as by the judgment debtor, but it cannot designate both these valuations as upset price. On the other hand, Mr. Balasubramaniam was not able to bring to my notice any decision of this Court holding that failure to give notice of an application to reduce the upset pr....... + More
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1968 (11) TMI 107
... ... ... ... ..... 12 of the plaint refers to the total damages of ₹ 38,455-16 as falling under the two heads mentioned in the two prior paragraphs. The claim against the Southern Railway for the entire compensation claimed in the suit is one falling under Article 30 of the Limitation Act. We, therefore, fail to see how the claim for compensation for the loss of duty paid by the plaintiff in respect of which he could have got refund, if the goods had been exported outside India, would stand independent of the compensation for injury to....... + More
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1968 (11) TMI 106
... ... ... ... ..... The learned counsel for the respondent says that at any rate the Act does not contemplate persons applying for permits Benami. In India Benami transactions are recognised and not frowned upon (See Gur Narayan v. Sheolal Singh). (1919) 46 Cal 566 In C.I.T., Gujarat v. Abdul Rahim and Co. 1965 55ITR651(SC) , it was held by the court that the registration of the partnership deed under Section 26-A of the Indian Income Tax Act, 1922, could not be refused on the ground that K was the Benamidar of V. 12. We see nothing in the Ac....... + More
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1968 (11) TMI 105
... ... ... ... ..... s for this amount. 33. In the result, the appeal is allowed in part and the judgment and decree of the Court below are modified. The plaintiff-respondent will have a decree against the defendants for a sum of ₹ 43,281.97 P. (Rs. 65.555/3/9/- ₹ 22.273/4/3) only as against the decree for ₹ 65,555/3/9- passed by the court below. The plaintiff will have also the proportionate costs in the court below on the said sum of ₹ 43,281.97 P. As the success is divided in this court, I shall make no order as to c....... + More
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1968 (11) TMI 104
... ... ... ... ..... e adjourned, it could not be held that the tenant was not willing to purchase, only because he failed to appear on one single date. There would be no question of invoking the proviso as the Lands Tribunal lacked the authority to pass such an order against a tenant who had shown on all occasions his willingness to purchase by-appearing before the authority and by pursuing the inquiry with all his zeal. 7. Therefore, the orders of the Revenue Tribunal as well as of the lower authority even under Section 32G must be quashed. ....... + More
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1968 (11) TMI 103
... ... ... ... ..... not necessarily render a proceeding invalid if by considering its nature, its design and the consequences which follow from its non-observance one is not led to the conclusion that the Legislature or the constitution-makers intended that there should be no departure from the strict words used. 17. In this case, as we have already noted, the essential requirement of Article 173, read with Form VII-A, was that the person taking the oath or making the affirmation would bear true faith and allegiance to the Constitution and up....... + More
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1968 (11) TMI 102
... ... ... ... ..... y for making the bets, in that Mr. Compston would not have had companions on his rounds against whom to bet if he had not been a professional golfer, but the bets did not arise out of his vocation. Again it seems to me that that case is wholly distinguishable, for this short, simple reason that in the present case the club was not merely the occasion which enabled the taxpayer to play private games of cards. The playing of cards was part of the activities of the club, and his winnings from those games of cards, it seems to....... + More
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1968 (11) TMI 101
... ... ... ... ..... t case, it is not necessary for me to consider the question whether the plaintiff would have been disentitled to any such relief to which the plaintiff might have been entitled because of its conduct and it is not necessary to discuss the authorities cited from the bar on this aspect. Even if I had held that there was any irregularity in the sale effected by the defendant company and the plaintiff was entitled to claim any damages from the defendant company in consequence thereof, I would have been unable to grant any reli....... + More
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1968 (11) TMI 100
... ... ... ... ..... rror in holding that the respondents could not be tried and convicted of offences under s. 324 and 323 I.P. Code because in the earlier proceeding under s. 107 of the Code of Criminal Procedure, evidence with regard to the incident out of which offences which are the subject-matter of the present appeal was taken, and was regarded as insufficient to sustain the order. (1) C r, As. Nos. 15 35 of 1967 decided on Oct. 16, 1968, The appeal is allowed, and the order passed by the High Court is set aside. As, however, the senten....... + More
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1968 (11) TMI 99
... ... ... ... ..... he policy of Government regarding International trade varies from year t year and it would be rather odd for this Court to direct that a Import licence be granted in the year 1968 in respect of allege,, default committed by the Government in 1959 or 1962. In these matters it is essential that persons who are aggrieved by order of the Government should approach the High Court after exhausting the remedies provided by law, rule or order with utmost expedition. The learned counsel for the appellant contends that this matter i....... + More
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1968 (11) TMI 98
... ... ... ... ..... the parties for determination in the suit or proceeding from which appeal has arisen, is not final within (1) 1947 F.C.R. 180. (2) E 1958 S.C.R. 1007. he meaning of Art. 133(1)(a) and (b). The order refusing to grant an interim injunction did not determine the rights and obligations of the parties in relation to the matter in dispute in the suit. We are unable to hold that, because the plaintiff's suit as a result of the order of the High Court may become infructuous as framed and the plaintiffs may have to seek amendm....... + More
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1968 (11) TMI 97
... ... ... ... ..... ween the parties. If so read, it is clear that the statement that the final payment will be made in accordance with the settlement is subject to the condition that the parties are able ,to arrive at a settlement. Otherwise the parties continue to be bound by the original contract subject to the extension of the time granted under the Delhi agreement for the payment of the price. As regards the additional payment demanded by the Russian Firm, there is no occasion for issuing any temporary injunction. If the Indian Firm does....... + More
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