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1973 (12) TMI 106
... ... ... ... ..... in P.J. Irani v. State of Madras 1962 2SCR169 in reference to the earlier Tamil Nadu Act 25 of 1949 which was in material respects in identical terms as the present Act, is intended to protect the rights of tenants in occupation of buildings from being charged unreasonable rates of rent and not to benefit landlords by conferring on them a new right against tenants which they did not possess before. 33. Since we are of the view that it is not competent to the landlord to apply for fixation of fair rent under Section 4, Sub-....... + More
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1973 (12) TMI 105
... ... ... ... ..... facts within the knowledge of the detaining authority bear a rational connection with maintenance of supplies and services essential to the community. The order cannot therefore be said to have been passed on extraneous grounds. 8. On the last point it is not possible to hold that there was in the circumstances of the case an unfair delay in communicating to the petitioner the confirmation of the detention order by the State Government. The order was confirmed on July 30, 1973 and the affidavit in reply to the petition sho....... + More
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1973 (12) TMI 104
... ... ... ... ..... capped in making an effective representation. The fact that the names of the associates of the petitioner were not mentioned in the grounds of detention would not go to show that they suffered from the infirmity of vagueness. The courts look with disfavour upon vague grounds of detention, because such grounds fail to convey to the detenu the precise activity on account of which he is being detained. The detenu is thus prevented from making an effective representation which he might possible have made, if he had been appris....... + More
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1973 (12) TMI 103
... ... ... ... ..... ntences by half. We maintain their convictions. But, as we are informed that the sentences awarded have been undergone almost for the whole period by each convict appellant, we think that ends of justice will be served by reducing their sentences to the periods already undergone. The result is that we give Jamuna Chaudhary, appellant, the benefit of doubt for the offence under Section 304 I. P. C. and acquit him of the charge for it. We, however, hold Jamuna Chaudhary guilty of offenses punishable under Section 147 I. P. C....... + More
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1973 (12) TMI 102
... ... ... ... ..... om one Railway to another affects petitioner's seniority or chances of promotion that cannot invalidate the transfer which is made in exercise of the power conferred by the Act and the rules and regulations made thereunder. The learned counsel for the petitioner lastly drew our attention to the fact that the petitioner also prays in his petition that the Court should direct the respondents to treat the petitioner on duty w. e. f. 4th May 1972 when he reported on duty and for making payment w. e. f. 1st December 1971. T....... + More
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1973 (12) TMI 101
... ... ... ... ..... e total sale of hardware articles amounting to ₹ 4,936.31 P. and 5 per cent discount on the remaining sum of ₹ 78,254.24 P. The total amount of discount comes to ₹ 4,308.72 P. On deduction of the amount of discount the principal amount which remains due to the plaintiff comes to ₹ 5,985.20 P. The amount of interest on the principal sum upto the date of suit at the rate of six per cent per annum comes to ₹ 180/-. The total amount due to the plaintiff thus comes to ₹ 6,165.20 P. upto the d....... + More
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1973 (12) TMI 100
... ... ... ... ..... the other portions without first holding enquiry and investigating fact arbitrary and unsustainable and the further fact that the petitioners- society is a charitable society it will be a proper exercise of discretion not to'refuse relief to the petitioner more especially when the time for filing appeal has pasted and when the same cannot be heard unless the amount of tax is first deposited by it. Such a course might result in working injustice I would, therefore, allow the writ petition quash the assessment dared 20th....... + More
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1973 (12) TMI 99
... ... ... ... ..... y payment of tax. The other is that if one authority will impose a tax of the balance sum left after considering the amount imposed by the State all the authorities may not impose taxes. That will be entirely a wrong construction. High Court was right in reaching the conclusion that the State as well as the authorities mentioned in Article 276 of the Constitution can each impose tax up to a limit of ₹ 250/-. One and the same person may be engaged in more than one of the items suggested in Article 276, namely, profess....... + More
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1973 (12) TMI 98
... ... ... ... ..... f Tamil Nadu and under those amendments the respondents who are the owners of 32 permits will not be entitled to consideration for grant of permit. It is, however, contended on behalf of the respondents that it is impossible for their learned Counsel to meet the contention here because several other considerations may arise including the willingness of the respondents to surrender some of their permits in order to come within the permissible limit. We do not think we should deal with the matter, here. The Tribunal will not....... + More
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1973 (12) TMI 97
... ... ... ... ..... principle fully applies to the present case also and the learned Civil Judge has rightly decreed the suit in favour of plaintiff No. 1 alone. So far as Ram Das is concerned there can be no application of Section 69(2) of the Partnership Act to him on the date of contract when no partnership existed and he alone entered into that contract with the Raja. 10. We are therefore of the opinion that the decree passed by the trial court is correct and this appeal is without any merits. The immovable property that was the subject-m....... + More
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1973 (12) TMI 96
... ... ... ... ..... thout which the construction of the hospital would have been a half-done project. Thus the conditions failing, the charity proved abortive, and the legal consequence is a resulting trust in favour of the donor. The State could not keep the money and the suit was liable to be decreed. The Kannauj community, as the happy sequel to this unhapy litigation has turned out, has now got a bigger hospital and a memorial college. Shri Dixit has prayed for the dismissal of the suit for nonjoinder of other donors and the charity. We m....... + More
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1973 (12) TMI 95
... ... ... ... ..... the exemption the latter class of industries. Picking out co-operative societies of sugarcane growers for favored treatment, to the exclusion of other new or substantially expanded industries, is wholly unrelated to the object of the exempting Provision and the policy or rule adopted by the State Government is not legally relevant to the exercise of the Power of granting exemption. We would, therefore, quash Annexure III and issue a mandamus to the Government of Andhra Pradesh in each of those writ petitions and the Civil ....... + More
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1973 (12) TMI 94
... ... ... ... ..... e could be made. Dealing with the term executive , the Judicial Committee held that it includes both a decision as to action and the carrying out of such a decision. Their Lordships further expressed disagreement with the view which sought narrow reading of Sections 49(2) and 124(2) of the Government of India Act, 1935. The case of In re The Delhi Laws Act, 1912 1951 S.C.R. 747 related to the delegation of legislative power and the difference between delegation of legislative power and conditional legislation. Gullapalli N....... + More
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1973 (12) TMI 93
... ... ... ... ..... nding on the question whether the two temples were his private property but since he has not done so the question cannot be gone into this appeal. The appropriate authority under the Act will however decide this question before applying the Act to these temples. In the result the appeals of the State are allowed. The direction given in the Writ Petition No. 50 of 1962, out of which Appeal No. 1083 of 1967 arises, that Rikhabdevji is a Swetamber temple and that the State of Rajasthan should constitute a Committee for its ma....... + More
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1973 (12) TMI 92
... ... ... ... ..... ies and provisions obligatory and failure in that respect can only be visited with a dismissal of the petition. Since the above decision in Venkateswara Rao's case (supra) in August 1968, though Parliament has made certain amendments in s. 8 of the Act in 1969, it has not considered it necessary till now to amend the Act to confer, on persons challenging an election, benefits similar to those available to them under the proviso to the repealed s. 85 of the Act, for as we venture to think, it did not want delays to occu....... + More
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1973 (12) TMI 91
... ... ... ... ..... s not passed upon the question whether the District Magistrate, in requisitioning the truck in question, was acting in an unreasonable or a discriminatory manner or the requisition of the truck was not for a public purpose. I think that the requisition of the truck by the District Magistrate was for a public purpose and that his action in so doing was perfectly reasonable. No other reason has been given by the High Court for declaring the provisions of s. 2 of the Act to be invalid. If section 2 is not invalid for the reas....... + More
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1973 (12) TMI 90
... ... ... ... ..... re, during or after the attack. In the concluding portion of its judgment the High Court has observed that the injured-persons must have been present at the spot and as the occurrence took place in broad daylight , there was no reason why their evidence should not be accepted, even though they might have one reason or the other to falsely implicate one or the other accused . It was wrong to conclude that the incident had taken place in broad day-light and it was even more wrong that the High Court did not warn itself of th....... + More
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1973 (12) TMI 89
... ... ... ... ..... ed above, the success or failure of the plaintiff appellant will depend whether or not the duty in question was exempted under Notification No. 75 aforesaid, but that will be a decision on the merits of the suits. 10. This brings us to the question relating to the petitions for amendment of the plaints filed on behalf of the appellant There does not seem to be any valid reason, nor was any advance by learand counsel for the respondents, why the amendments as prayed for be not allowed, in the facts and circumstances of the ....... + More
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1973 (12) TMI 88
... ... ... ... ..... the petitioner to his earlier communications dated 20-3-1973 and 3-4-1973 and stating that if those letters were not complied with within fifteen days, action would be initiated to stop the transactions in the warehouse. It is under these circumstances the writ petition has been filed. 3. Mr. Jumma Khan, the learned counsel for the petitioner, contends that, so long as the property of the firm has been given as security, the Departmental officers have no authority to call upon the partners to produce solvency certificates ....... + More
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1973 (12) TMI 87
... ... ... ... ..... anufacturer occurring in section 3-A that will be the prevailing construction of that word in the statute and the notification. If a term used by the legislature in a particular statute has been judicially declared to have a particular meaning, the subordinate rulemaking authority cannot by its notification or rule change that construction. It was hence not open to the State Government to have made a notification which would have the effect of making those preparing mixtures of medicines liable to tax as manufacturer. In t....... + More