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1970 (3) TMI 182
... ... ... ... ..... acted upon in the same suit or proceeding, though it shall also have to be impounded under Section 33 and sent to the Collector for further action. Whether an instrument has or has not been admitted in evidence shall depend upon the facts and circumstances of each case. In so far as this Bench entertaining fresh petitions under Articles 226 and 227 of the Constitution is concerned, an affidavit shall be deemed to have been admitted in evidence as soon as It is made the basis of an order. 18. Whether an instrument chargeabl....... + More
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1970 (3) TMI 181
... ... ... ... ..... e been adopted very soon after his birth. That is the best that can be said on the basis of the evidence. That apart custom differs from place to place and from community to community. It is true that in a decree made in 1910, Shyam Behari Lal was described as the son of Ram Das. But in the very next year in another decree, he was described as the son of Gopal Das. We do not think that the evidence afforded by that solitary document showing Shyam Behari Lal as the son of Ram Das can outweigh the other evidence which is bot....... + More
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1970 (3) TMI 180
... ... ... ... ..... ck his private vengeance, it could not be possibly in furtherance of the common intention for which others can be liable. But if on the other hand he killed B bona fide believing that he was A and the common intention was to kill A the killing, of B was in furtherance of the common intention. All the three accused in the present case were lying in wait and assaulted the driver of the first cart and stabbed him in pursuance of their prearranged plan. Therefore, all the three accused including the appellant must share the li....... + More
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1970 (3) TMI 179
... ... ... ... ..... ch conference took place, are mentioned. It would be impossible for anybody to make a representation against such grounds. These grounds, on the authorities of this Court, too numerous to be cited here, must be held to be vague. Therefore on both the twin grounds, namely, that he was deprived of his right to make a representation and also because the grounds in themselves were very vague, we must hold that there was no compliance with the law as laid down in the Jammu Kashmir Preventive Detention Act. The result, therefore....... + More
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1970 (3) TMI 178
... ... ... ... ..... o applied for revision and his application was rejected. He applied for special leave against that order but leave was refused by this Court. It was argued that that must conclude the matter. We do not agree. Bhimappa's statutory right to move the High Court could not be lost by reason of the revision. The result of the revision, therefore, had no bearing upon the matter. 20. Bhimappa was thus entitled to have a hearing of his petition for special leave under Section 417(3) of the Code. Whether he could ask for leave a....... + More
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1970 (3) TMI 177
... ... ... ... ..... rivastava and Ors. 1970 3SCR266 , and while negativing the argument it was observed that Whether a duty arises in a particular case to issue a show cause notice before inflicting a penalty does not depend on the authority's satisfaction that the person to be penalised has no defence but on the nature of the order proposed to be passed, xx xx xx. The learned Counsel urges that this would be casting heavy burden on the Board. Principles of natural justice are to some minds burdensome but this price a small price indeed-h....... + More
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1970 (3) TMI 176
... ... ... ... ..... s clear from the record that the Court had proceeded solely on the basis of the compromise arrived at between the parties. That being so there can be hardly any doubt that the Court was not competent to pass the impugned decree. Hence the decree under execution must be held to be a nullity. 7. Our conclusion in this regard is supported by the decisions of this Court in Bahadur Singh v. Muni Subrat Dass 1969 2 SCR 432 and Smt. Kaushalya Devi v. K. L. Bansal Civil Appeal No. 98 of 1966, D/- 3-12-1968 (SC). In the former case....... + More
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1970 (3) TMI 175
... ... ... ... ..... therefore, must be quashed as being without jurisdiction, in the facts of the case before us. 40. In the result, this appeal is allowed in part and the order of the Court below is modified as follows 41. There will be a writ in the nature of certiorari quashing only that part of the impugned order of the Additional Collector which imposed a personal penalty of ₹ 35,000 upon the Respondent and a writ in the nature of Mandamus directing the Appellants to refund to the Respondent the sum of ₹ 35,000/-, within a pe....... + More
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1970 (3) TMI 174
... ... ... ... ..... ditional financial burden which a revision of the wage-structure or dearness allowance would impose upon an employer, and his ability to bear such burden, are very material and relevant factors to be taken into account. 17. In view of the said principles, and in the face of what is admitted, namely, that the workmen of the S. S. Light Railway have been paid more dearness allowance than what had been ordered by the impugned award; clearly no case is made out for quashing the said award. Since it is seen that once of the Ind....... + More
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1970 (3) TMI 173
... ... ... ... ..... er Section 4(3), read with Section 23 of the Foreign Exchange Regulation Act, can be sentenced to undergo imprisonment which may extend to two years. The nature of charge in the criminal case against Chaman Lal was of a contravention alleged to have been personally committed by him and the object of spending money on his defense in that case was to save him from being sent to jail. It cannot consequently 'be said that the expenditure of ₹ 6,000.00 was wholly and exclusively for the purpose of the business of the ....... + More
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1970 (3) TMI 172
... ... ... ... ..... mbined with a notice under S. 109 of the Transfer of Property Act, has to be served on the tenant personally? 1. The answer is in the negative. Even a notice of demand deemed or presumed to have been served on a tenant will be service upon him of notice of demand . 2. Whether it is incumbent on the plaintiff to prove the endorsement of refusal on the notice sent by registered post by producing the postman or other evidence in case the defendant denies service on him? 2. The answer is in the negative. 3. Whether in the circ....... + More
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1970 (3) TMI 171
... ... ... ... ..... g acquitted the appellant could not be convicted with the aid of Section 34. In aid of that contention reliance was placed on the decisions of this Court in Prabhakar Navale v. State of Bombay A.I.R. 1963 S.C. 51 and Krishna G. Patil v. State of Maharashtra 1964 1SCR678 . Another contention raised in the appeal was that it would be an error to hold that there was intimacy between the appellant and Nilava wife of Babanna on the evidence of third parties when neither Babanna or Nilava gave evidence. We have only referred to ....... + More
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1970 (3) TMI 170
... ... ... ... ..... the Central Government to appoint directors and the other to stay operation of any action taken detrimental to public limited companies. Such powers are powers of supervision and are in no way comparable to the powers of control and management given to the Central Government under Chapter III-A of the Industries (Development and Regulation) Act. We are unable to accept this contention. 52. In the result, we hold that the Payment of Wages Authority had no jurisdiction to grant the reliefs which it has granted and in any cas....... + More
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1970 (3) TMI 169
... ... ... ... ..... of fact, Alagiriswami, J., in Raso Moopanar v. Ramamurthi Iyer (1967) 1 M.L.J. 287, is of the view that the power of a civil Court to order restitution is not wholly governed by Section 144 Civil Procedure Code. The learned Judge proceeded on the basis that a wrong order should not be perpetuated by keeping it alive and respecting the same. The learned Chief Justice in Maylisami Gounder v. Mummoorthi Chettiar C.R.P. No. 439 of 1967, observed It may be unfortunate that notwithstanding the reversal of the eviction order the ....... + More
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1970 (3) TMI 168
... ... ... ... ..... ince of Delhi, then in Part C State of Delhi and now it functions in the Union territory of Delhi. 29. It is no doubt true that the words are susceptible of the other meaning also but so long as the words are capable of bearing the meaning we have given it is not necessary to discover another meaning under which the whole scheme would become void. Provisions of law must be read as far as is possible with a view to their validity and not to render them invalid. In our judgment the expression 'belonging to' only conv....... + More
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1970 (3) TMI 167
... ... ... ... ..... s in the case joined the transferees from Vernon Seth Chotia but made no attempt to join Vernon Seth Chotia, the son of the original mortgagor. The suit could be only properly framed with all the parties before the Court. In our opinion, even if Vernon Seth Chotia was not a necessary party, he was at least a proper party. ,If he had been brought before the court, we would have known from him whether he had given the authority to execute the document and he could have adopted the act of Sardar Chawla by ratifying it again. ....... + More
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1970 (3) TMI 166
... ... ... ... ..... the ground that the decree is a nullity. But, in our judgment, for the purpose of determining whether the Court which passed the decree had jurisdiction to try the suit, it is necessary to determine facts on the decision of which the question depends', and the objection does not appear on the face of the record, the executing Court cannot enter upon and enquiry into those facts. In the view of the High Court since the land leased was at the date of the lease used for agricultural purposes and that it so appeared on inv....... + More
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1970 (3) TMI 165
... ... ... ... ..... orders of the, Inspector-General of Police dated December 16, 1952 the Superintendent of Police passed an order D.O. No. 3777 dated December 31, 1952 that among other officers, the respondent, who was officiating as Sub- Inspector, has been selected for confirmation as Sub- Inspector of Police (Unarmed Branch) with effect from September 1, 1951 and that he has been confirmed as Sub- Inspector of Police (Unarmed Branch) from the same date and absorbed against an existing substantive vacancy in the district. These orders cle....... + More
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1970 (3) TMI 164
... ... ... ... ..... would have connection with his official fun- ctions. In our view the sub-section aims at folding within its ambit not only outsiders who are likely to be concerned in any proceeding or business transacted or about to be transacted by the public officer but also any subordinate or any other person who is connected with the official functions of the public servant. In the result all the appeals are dismissed. Although we do not endorse the view of the High Court with regard to the date of the commencement of the investigatio....... + More
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1970 (3) TMI 163
... ... ... ... ..... aw does not arise for consideration in these proceedings so long as that order is not set aside or declared void by a competent authority. Hence the same cannot be ignored The Subordinate Tribunals have to carry out that order. For this reason alone the order of Mr. Mankodi was Liable to be set aside. 5. The High Court has come to the conclusion that under Section 63(2) of the Act, the State Government had power to entertain the revision application filed by the girasdars. In view of our earlier conclusion we do not think ....... + More
