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Case Laws
Showing 1 to 20 of 134 Records
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1976 (8) TMI 184
... ... ... ... ..... uit properties should be deemed to be and held as the properties of Ramaswami Iyengar, in which the plaintiff did not acquire a right by birth, no such accounting can be directed, as it is not possible. 17. As regards the wills and settlement deeds, no question has been raised before us. There was no argument before us that they were not executed when T.S. Ramaswami Iyengar was in a sound and disposing state of mind. We are not, therefore, referring to this and we accept the finding of the Court below that the wills have b....... + More
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1976 (8) TMI 183
... ... ... ... ..... r the appearance of the accused persons before the transferee Magistrate. The bail bond executed by the accused persons in the court of the Sub-divisional Magistrate shows that the accused persons bound themselves to. attend the court of the Sub-divisional Magistrate or such other Magistrate, before whom the case might be pending. Therefore, the accused persons were bound to appear before the learned Munsif Magistrate on the date fixed for their attendance. As they did not appear before the Munsif Magistrate on the date fi....... + More
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1976 (8) TMI 182
... ... ... ... ..... , as in an appeal presented by the accused or his pleader, the Court does decide the appeal. It is indeed, a very serious thing to say that Sections 421, 435 or 439 give the Court a discretion not to decide the appeal or revision brought before it and I, for one, am not prepared to countenance and much less encourage such an idea. In my judgment a summary dismissal of an appeal or revision does involve an adjudication by the High Court just as a dismissal after a full hearing; does. 6. It cannot, therefore, be said that th....... + More
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1976 (8) TMI 181
... ... ... ... ..... n the instant case is a bond for the following reasons -- (1) It is an instrument by which the Bengal Paper Mills Co. Ltd., has obliged itself to pay the sum of ₹ 15,00,000/- in three equal annual instalments of ₹ 5,00,000/- each on May 31, 1991, May 31, 1992 and May 31, 1993; (2) It is not payable to order or bearer; and (3) It is not an agreement because the enforcement of this document does not involve quantification of damages by Court. (4) In default the obligation under the Agreement can be enforced indep....... + More
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1976 (8) TMI 180
... ... ... ... ..... has become final. It is well settled that principles of res judicata can be invoked not only in separate subsequent proceedings, they also get attracted in subsequent stage of the same proceedings. Once an order made in the course of a proceeding becomes final, it would be binding at the subsequent stage of that proceeding. In view of the High Court judgment dated December 18, 1964, the Tribunal while passing the order dated September 12, 1967, disposing of the revision petition filed by the appellant, could not reopen the....... + More
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1976 (8) TMI 179
... ... ... ... ..... dified. In the present case, the factory area was not comprised within the area of any local, authority and there were in force no pre-existing appointments etc. within its area immediately before the appointed day-Nothing could, therefore, be continued under Clause (ix) after the inclusion of the said area within the limits of the first respondent-Municipality. In our opinion therefore, the argument based on Clause (ix) is totally misconceived and it most be rejected. 22. On the foregoing discussion, it would follow that ....... + More
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1976 (8) TMI 178
... ... ... ... ..... been under a compromise acquired for a Co-operative Housing Society at higher price. These are not allegations of mala fide whatever of the State Government The urgent Co-operative Housing Societies schemes might have justified acquisition for that public purpose being given a priority but the present lands from these Petitioners am required for the purpose of the town planning scheme and, therefore the whole contention of mala fide is thoroughly misconceived. The same is true of the grievance of non publication of the dra....... + More
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1976 (8) TMI 177
... ... ... ... ..... ory would come within the statutory description, persons employed in work connected with the factory. But the construction workers who put up the additional constructions have no similar nexus with the factory work as such. This is because they are birds of passage, and the moment they complete the constructions they are out of the picture. Indeed, it is only after the construction workers finish their job, that the completed building begins to assume any reality or relevance to the day-today working of the factory. In thi....... + More
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1976 (8) TMI 176
... ... ... ... ..... s not arise at all at this stage. 8. If the application under Section 5 be rejected the order rejecting the application cannot be a decree. And the order rejecting the memoraundum of appeal is merely an incidental order. 9. Our answer therefore to the question referred to us is that an order rejecting the memorandum of appeal following the rejection of an application under Section 5 of the Limitation Act for condonation of the delay in filing the appeal is not a decree but an order against which an application in revision ....... + More
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1976 (8) TMI 175
... ... ... ... ..... t the provisions for the obtaining of a licence or lease would still be applicable to it. In S. Lai and Co. Ltd. v. Union of India and others (supra) the High Court noticed the decision in State of Orissa v. Union of India (supra) but it cannot be urged with any justification that the view expressed in it was followed by the Patna High Court. On the other hand the Patna High Court followed the view which was taken by the Gujarat High Court in the judgment which is the subject matter of the present appeals and held that the....... + More
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1976 (8) TMI 174
... ... ... ... ..... imposed by the second proviso to Article 31A(1) on legislative power. The argument overlooks certain obvious answers firstly, that limits on legislative powers, imposed by Part III of the Constitution, do have the direct result of protecting individual rights; and, secondly, that no part of the second proviso to Article 31(1) of the Constitution was, as already pointed out above, infringed by the impugned provisions; and, thirdly, even if one were to assume, for the sake of argument, that rights conferred on individuals by....... + More
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1976 (8) TMI 173
... ... ... ... ..... given and it appears that he was represented by two eminent advocates-Sri V. T. Rangaswami Iyenger and Sri R. Krishnamoorthy Iyer-in the trial court who knew both these languages and who would not have allowed the interest of the appellant to be jeopardised even to the smallest extent. In our opinion, the irregularity has not resulted in any injustice and the provisions of s. 537, Criminal Procedure Code are applicable to ,cure the defect. Lastly, it was submitted that the 6 items of allged cheatin- were combined together ....... + More
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1976 (8) TMI 172
... ... ... ... ..... usiness went into liquidation and claims were filed by the Official Liquidator against the prized subscribers for the recovery of the balance amounts due from them under the respective chit fund accounts. The respondents contended inter alia that they were entitled to a set-off to the extent of the sums paid by them to the concerned Companies under other chit fund accounts or by way of fixed deposits. This contention was upheld by the learned Judge and it was held that the respondents were liable to pay only the balances r....... + More
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1976 (8) TMI 171
... ... ... ... ..... imum requirements will not render the scheme null and void so as to entitle a party to challenge it under Article 226 or in any Court after it becomes a part of the Act under Section 51 (3). 26. For the above reasons, the petition fails and is accordingly dismissed with costs. Rule discharged. When the petitioner, without any right after this finally sanctioned scheme under which all his rights are extinguished, remains in occupation all these years only because of our stay order, we cannot further continue the relief any ....... + More
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1976 (8) TMI 170
... ... ... ... ..... ave to defend. I think petitioner should, be directed to deposit ₹ 2500 in each suit within four weeks from today and on condition being satisfied the experts decree made in each suit would be set aside and petitioner should be given an opportunity to appear and cross-examine the plaintiff's witnesses and to lead his own evidence in the matter. 18. Accordingly, these three revision applications are allowed and experts decree made in Civil Suits Nos. 1942, 2161 and 1941 all of 1972 are set aside and Civil Miscella....... + More
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1976 (8) TMI 169
... ... ... ... ..... ld and had the right to do on the 4th December (Sunday), he had also the right to do it on the reopening of the Court, i.e. on the 5th December. In that view, it cannot be said that the plaintiff did not comply with the order of the Court. The dismissal of the suit was, therefore, erroneous and illegal. It would be merely a matter of technicality whether we set aside the order in exercise of appellate jurisdiction or in exercise of revisional jurisdiction suo motu. The error is obvious enough and the sooner it is corrected....... + More
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1976 (8) TMI 168
... ... ... ... ..... im. That explains why he did not urge the contention which he is now urging as an argument of last resort. 17. Counsel for the appellant attempted to draw some sustenance from the provisions of Section 221 of the Contract Act in support of the claim for the value of improvements but that section has nothing to do with the case. It gives to the agent a lien over the principal's property which is received by the agent, until the amount due to the agent as commission, disbursements and services in respect of the property ....... + More
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1976 (8) TMI 167
... ... ... ... ..... 3-5-1972 summoning the accused which must also be treated to be a nullity and destitute of any legal effect. The High Court has not at all considered this important aspect of the matter which alone was sufficient to put an end to these proceedings. It was suggested by Mr. D. Goburdhan that the application given by him for recalling the order of dismissal of the complaint would amount to a fresh complaint. We are, however, unable to agree with this contention because there was no fresh complaint and it is now well settled t....... + More
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1976 (8) TMI 166
... ... ... ... ..... extent of 3 acres leaving to the Tribunal to identify that portion of land. 11. This Court is reluctant to interfere with a finding of fact made by the Land Tribunal. But,, where the order of the Tribunal violates the essential principles of rules of natural justice or it exceeds its jurisdiction or commits a serious error in the exercise of its jurisdiction or if the order is perverse in the sense that there is a conscious violation of the pleadings or law, such an order cannot be allowed to stand uncorrected. Therefore, ....... + More
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1976 (8) TMI 165
... ... ... ... ..... the official liquidator has been appointed as a provisional liquidator. None of these conditions is present. At one stage the winding up petition was pending but never a provisional liquidator was appointed. No winding up order has been made. The company can pursue its legal remedy in the ordinary way in a civil court. I, Therefore, reject this part of the prayer. (15) The other application is under s. 151 of the Code of Civil Procedure. In this application only interim relief was sought. On November 28, 1973, Anand gave a....... + More
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