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1973 (3) TMI 152
... ... ... ... ..... t respondent No. 2. 61. We do not agree with this contention, for, while proceeding to dispose of the petition by judgment the learned Judge has, consistent with the reservations made by respondent No. 2 while submitting to the orders of the Court, merely proceeded on the basis that the allegations made in the petition against the respondents should be assumed to be true. Besides, the learned Judge has also clearly observed that the making of this order does not involve any admission by any of the respondents of the allega....... + More
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1973 (3) TMI 151
... ... ... ... ..... he gown is to remain, it would accord very unsatisfactorily with the dhoti. The superfluous cloth worn from the waist in massed folds is bound to get mixed up with the gown and make a mess, with the result that a learned advocate dressed in that fashion would look more an ungeometrical bundle of loose clothing than a neat and well trimmed figure. 20. Lastly, the learned counsel rested the petition on the ground of mala fide. We have perused the averments made in the petition and the affidavit filed in support thereof. We a....... + More
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1973 (3) TMI 150
... ... ... ... ..... consumption and that the State Legislature has no right to impose any excise duty thereon. 11. In our opinion, rectified spirit is not an alcoholic liquor for human consumption and is not an excisable article under the U.P Excise Act. No excise duty could be legally imposed upon rectified spirit. The duty imposed by the Commissioner of Excise on the rectified spirit produced and exported by the appellants was without the authority of law. The demand notices issued by the Excise Commissioner are liable to be quashed. 12. Th....... + More
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1973 (3) TMI 149
... ... ... ... ..... aken prior to the issue of the summons and if that be the true position the only answer of the petitioner to the summons would be to show that the documents so called for are not in its possession. That, however, does not render the summons bad. Similarly Item No. 2 of the summons would be relevant to find out the hold and authority of Shri B. M. Birla over the petitioner company and its management. It would be remembered that the documents have not yet been produced and at this stage what is to be found is their prima fac....... + More
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1973 (3) TMI 148
... ... ... ... ..... we hold that the first respondent's revision before the Sessions Court was competent and reject the second contention of Mr. Rana. 24. Coming to the third contention of Mr. Rana, it has been held by this Court in State of Andhra Pradesh v. Cheemalapati Ganeshwara Raoand Anr. 1964 3SCR297 that a pardon granted bona fide is fully protected by the provisions of Section 529 of the Criminal Procedure Code . We have already extracted the relevant part of Section 529. On the view expressed by us that the order of the District....... + More
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1973 (3) TMI 147
... ... ... ... ..... are unable to hold that there was any enforceable contract and that the plaintiff was entitled to damages but we must say that the action of the State Government in this case was very much arbitrary and it goes a lone way to shake the confidence of the people in the State Government. The Director of Mines and Geology also failed to do his duty in spite of the fact that he had had the power to sign the indenture, submitted by the plaintiff. He did not sign it and shirked his responsibility as an officer. We view this whole ....... + More
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1973 (3) TMI 146
... ... ... ... ..... ge has not dealt with that question apparently because it was not argued before him. We do not, therefore, propose to say anything about the merits of the case. It is not necessary to refer to the, decision in Madan Lal v. state of Punjab( 1967 3 S. C. R. 439) and Bhanwar Singh v. Rajasthan( 1968 2 S. C. R. 528) which are relied upon on behalf of the appellants in the view that we have taken that all the offences with which the, accused are charged are cognizable offences, and therefore, the question whether charges which ....... + More
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1973 (3) TMI 145
... ... ... ... ..... eral. 10. The petition of the appellants was utterly misconceived. The relevant authorities have power to call for the record of any proceeding in which any Custodian has passed an order for the purpose of satisfying as to the legality or propriety of such order. In the present case the order has been questioned by the authorities on the ground that the appellant Fatima Bi obtained the order fraudulently. Fraud is a question of fact. It is open to the appellant Fatima Bi to establish that she obtained the order properly. C....... + More
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1973 (3) TMI 144
... ... ... ... ..... mal Dass Ors., (A. I.R. 1937 Lab. 828) and Ana Sheikh Mohidin Tharagan v. Vadivalagianambia Pillai(22 1. C. 37) relate to penal clauses in compromise decrees and are therefore distinguishable. The Full Bench decision in Chanbasappa Gurushantappa Hiremath v. Basalingayya Gokurnaya Hiremath Ors., (51 1. L. R. Bom. 908) can also have no application because that case is an authority for the limited proposition, prior to the enactment of the Arbitration Act, 1940, that where in a suit parties have referred their dispute to an a....... + More
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1973 (3) TMI 143
... ... ... ... ..... id assignment and also impleaded his assignors as defendants Nos. 2 and 3 in the suit. The defendants Nos. 2 and 3 did not repudiate or in any way challenge the said assignments. The deeds of assignment were filed in the case. The transfer of the actionable claim having been made in accordance with the requirements of Section 130 of the Transfer of Property Act the right of defendants Nos. 2 and 3 vested in the plaintiff who became entitled to recover the sums due under the two bonds in suit from defendant No. 1. We, there....... + More
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1973 (3) TMI 142
... ... ... ... ..... nother suit against the son and widow without obtaining a fresh permission Under Section 3. It was held that the suit could be filed against the heirs on the basis of the permission obtained against the tenant. Clearly, the permission to evict related to the condition of the premises which did not change with the death of the tenant. 21. We have referred to some of the decisions in the three categories, not with a view to determining their correctness but only in order to show that they rest on different principles or coul....... + More
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1973 (3) TMI 141
... ... ... ... ..... found the relevant facts and put to themselves the proper questions having proceeded to give the right answer, they may be said on this view to have erred in point of law . 44. There can be no disagreement with this said proposition of law and applying it to the facts of the present case one can only come to the conclusion that the learned Civil Judge did not at all ask himself the proper question. He thus failed to exercise the jurisdiction vested in him under Order XXI, Rule 58 read with Rules 59, 60 and 61 of the Civil ....... + More
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1973 (3) TMI 140
... ... ... ... ..... the relevant date, it will be open to the Government to issue a notification with respect to it under Section 8. If, on the other hand, it is found in that enquiry that it was not an agricultural-area on the said date, no notification under Section 8 should be issued with respect to it. The appeals are also allowed. The orders of the High Court abating the appeals and the suits are set aside. The High Court will restore the appeals and the suits to their original numbers. The appeals will be decided on merits when the appr....... + More
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1973 (3) TMI 139
... ... ... ... ..... nd evidence had come on the record to satisfy the Court as well as the tenant that the grounds on which ejectment had been sought would be ultimately established and when the tenant entered into the compromise, it was implicit in the aforesaid circumstances that he was admitting the correctness of the grounds which had been taken for his ejectment. I am, therefore, of the opinion that the tests which have been laid down by the authorities have been fully satisfied and it cannot he said that the decree which was passed on t....... + More
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1973 (3) TMI 138
... ... ... ... ..... -payment of the fees and the removal of the trade mark from the register was advertised and the appellants--we will assume--by their negligence failed to notice that fact. Even so, the question is whether the appellants, who are proprietors of the trade mark, should be denied restoration. 2. The question, in our view, should not be approached from any penal point of view. No punishment is contemplated by the statute. If restoration is just, it is bound to be made. That is the effect of the rule. It is true that there is an....... + More
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1973 (3) TMI 137
... ... ... ... ..... dated 3rd December, 1956 could be passed because the mortgage money was not deposited in court as required by Section 83 of the Transfer of Property Act. It is not necessary for a mortgagor to deposit the mortgage money in court before instituting a suit for redemption. Three remedies are open to him; (i) he may tender the mortgage money privately to the mortgagee under Section 60 of the Transfer of Property Act; (ii) he may deposit the money in court under Section 83 of that Act; or. (iii) he may institute a suit for rede....... + More
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1973 (3) TMI 136
... ... ... ... ..... flour with the condemned flour. But this act also would not show that they intended to sell the mixed flour for human food. The respondents could not therefore take action under S. 244. The orders passed by them under Section 244 are invalid. It is immaterial that the respondents had acted bona fide and in the interests of preservation of public health. Their motive may be good but their orders are illegal. They would accordingly be liable for any loss caused to the appellants by their action. The High Court has not record....... + More
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1973 (3) TMI 135
... ... ... ... ..... s no substance in this criticism of Mr. Singhvi. Mr. Singhvi, learned counsel, then referred us to the fact that after the judgment of the High Court the State Government has passed an order on March 19, 1971, the effect of which is to equate the Sales Tax Officers of the erstwhile Madhya Pradesh State with the Sales Tax Officers, Grade III, of Bombay. This order, in our opinion, has been passed by the State Government only to comply with the directions given by the High Court. It was made during a period when the appeal a....... + More
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1973 (3) TMI 134
Interpretation of section 11A of the Industrial Disputes Act - whether section 11A applies to industrial disputes which have already been referred to for adjudication and were, pending as on 15-12-1971? Held that:- Both in respect of cases where a domestic enquiry has been held as also in cases where the Tribunal considers the matter on the evidence adduced before it for the first time, the satisfaction under section 11 A, about the guilt or otherwise of the workman concerned, is that of the Tribunal. It has to consider the evidence and come t....... + More
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1973 (3) TMI 133
... ... ... ... ..... , which in turn is obtained by thrashing of stems, leaves and the outer husk of grain. The rice bran in question, as has been seen, is obtained during the polishing process of the grain itself. It is not a product obtained from stalk, leaves or the husk of paddy or rice. The counsel for the assessee drew our attention to the meaning of the word bran as given in the Chambers s English Dictionary and the meanings of the words bhusi and bhusa given in the Brahat Hindi Kosh by Kalka Prasad. None of the meanings given in these ....... + More