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Showing 1 to 20 of 153 Records
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1978 (9) TMI 201
... ... ... ... ..... acquire the character of Government money and the Government could not claim any right, title and interest therein. No reason has been given by the disciplinary authority in accordance with the provisions contained in rule 10(12) of the West Bengal Services (Classification, Control and Appeal) Rules, 1971 as to the higher punishment sought to be inflicted on the petitioner. The fact that the witness who was examined by the respondents without informing the petitioner and without affording the petitioner any opportunity to ....... + More
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1978 (9) TMI 200
... ... ... ... ..... words the performance of any services in the relevant provision of law it can no more he said that all contracts for the performance of any services undertaken by tin Government still come within the mischief of Section 9-A The language of Section 9-A is clear and this Court cannot construe the section in a different manner by straining the same. The remedy to set right incongruity, it any, lies with the Legislature. 20. For the aforesaid reasons the contracts entered into by the 1st respondent with the State Government to....... + More
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1978 (9) TMI 199
... ... ... ... ..... es so, he must follow the procedure laid down for warrant cases and he cannot, whilst proceeding with the two cases together, treat them separately. If he wishes to do that, he must deal with them separately from the inception. 9. In view of these authorities, it would seem to me that once the learned trial Magistrate had started this case as a warrant case, it was not correct for him on 6-9-1975 to dismiss the case for want of prosecution merely because the complainant and his advocate were absent. The said order passed b....... + More
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1978 (9) TMI 198
... ... ... ... ..... der under appeal, directing the Magistrate to take de novo proceedings against the accused was not barred by the provisions of Section 403, (of the Code of 1898), the earlier proceedings taken by the Magistrate being no trial at all and the order passed therein being neither a valid discharge of the accused nor their acquittal as contemplated by Section 405(1). The Magistrate's order (to use the words of Mudholkar J. in Mohd. Safi v. State of West Bengal 1966CriLJ75 was merely an order putting a stop to these proceedin....... + More
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1978 (9) TMI 197
... ... ... ... ..... d is not shown to be tainted with illegality or immorality or avyavaharik. Therefore, the suit property was liable to be sold at court auction for two reasons, one that the debt was joint family debt for the benefit of the joint family estate and, therefore, all segments of the joint family property were liable for the discharge of the debt, and secondly, under the doctrine of pious obligation of the sons to pay the father's debt. In the present proceedings no attempt was made to establish that the debt was tainted wit....... + More
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1978 (9) TMI 196
... ... ... ... ..... lengthy judicial process may, as here, be obviated if, by a tripartite arrangement an agreement within the scope of s. 34 of the Bonus Act is reached. The ruling of this court in State of U.P. Anr. v. Basti Sugar Mills Co. Ltd. (Supra) supports the synthesis we have evolved. The only difference is that there is now Mo reference of a bonus dispute under S. 3 (e) of the U.P. Act. Instead, the same dispute will-where no agreement or settlement stands in the way, as it does here-on application, be referred for adjudication und....... + More
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1978 (9) TMI 195
... ... ... ... ..... in cash instead of in bonds. Having regard to the eighteen year period which has elapsed since the date of taking over of the Company this would have the effect on the Company losing even the interest of 3% per annum for this period. When this was pointed out to Shri Sen he agreed that if we considered that Section 9(2) was severable from the rest of the Act he would not ask us to strike down Section 9(2) as ultra vires. We will leave it at that. We should not however be understood as having decided that Section 9(2) offen....... + More
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1978 (9) TMI 194
... ... ... ... ..... saddle the condition that till the loss is totally wiped out the Managing Director and the Directors shall not charge any fee for the services rendered as Director, no dividend shall be paid to equity shareholders, and the Managing Director shall not be paid any overriding commission, if there be any, on the turnover of the company since this will account for the pragmatic approach of common sacrifice in the interest of the industry. We indicate the implications of Article 43A in this area of law but do not impose it here ....... + More
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1978 (9) TMI 193
... ... ... ... ..... ble for us to assume that she would not be able to lead any evidence in support of these allegations. It is no doubt true that in a criminal case the burden of proving the charge rests on the complainant and an accused person is entitled to have the benefit of doubt, but these principles are quite well known and we have no doubt in our minds that the learned trial Magistrate will keep them in view while trying the complaint. In the circumstances, we find no force in the petition and dismiss the same. 15. Before parting wit....... + More
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1978 (9) TMI 192
... ... ... ... ..... e to a band, and to a substantial extent also pays it because he desires to see that is a good and elaborate and expensively produced show. The facts of the case in the London Casino's case (supra) is similar to the facts of our case. In the case before us, a minimum is fixed and we have no doubt, a part of which is a payment for admission to the entertainment. Other decisions referred to were Attorney General v. Mcleod 1918 1 K.B. 13, Attorney General v. Swam 1922 1 K.B. 682, Attorney General Arts Theatre of London Lt....... + More
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1978 (9) TMI 191
... ... ... ... ..... to the wall, on a cavalier no' to his application for renewal. Fair consideration of his claim has been denied to the appellant; his huge investment has gone to waste because of non-renewal. We see no relevant ground justifying the order; there is breach of natural justice; there is importation of non- materials; there is unawareness of the fact that a fundamental right is involved and that a costly coach is condemned to non-use. The basic reason for quashing the order of refusal is the untenable reason assigned to sup....... + More
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1978 (9) TMI 190
... ... ... ... ..... er of the dealer's family the dealer must be an entity which has a family. This can only be in the case of natural persons. It can have no application to other juristic entities. So far as a firm is concerned, although under the general law it does not have a juristic entity, apart from the partners constituting it, the Sales Tax Act recognises a firm as an assessable body and treats it as such, for section 2(c) in its inclusive part mentions a firm specifically. It is obvious that a firm is incapable of having any fam....... + More
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1978 (9) TMI 189
... ... ... ... ..... n application under Section 5 of the Limitation Act to condone the delay on the ground that he was not aware; but the recorded tenure-holder cannot force such an objector to have his rights determined in the ceiling proceedings, so that after adjudication of rights of such a claimant his ceiling area and the surplus land may be re-determined. 56. This undoubtedly appears to be an anomalous position, which, in our opinion, requires legislative intervention. We would commend such a situation for consideration of the Governme....... + More
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1978 (9) TMI 188
... ... ... ... ..... rcumstances with costs, one set. 16. For the reasons given in Writ Petitions No. 1135 to 1155 and 1759 to 1949 of 1977, Writ Petitions No. 1544-1758, 1952-1991, 1993-2199, 2216-2220, 2274-2325 of 1977, 592-607, 849-862, 1898-1908/78, 1597-1606/78, 955-956/77, 1222/77, 4-176 2359/78, 967-1128/77, 314-591, 901-950, 1870-1887, 2240-2294, 2367-2390, 3063-3081/78, 1223-1526/77, 177-313, 871-900, 2319-2358/78, 2326-2430/77, 1807-1869, 1239-1312, 1584-1592, 1737-1759, 2296-2311, 2312-2318, 2392-2472, 2937-2951, 3380-3464, 609-821....... + More
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1978 (9) TMI 187
... ... ... ... ..... d. So, in my view, the conditions precedent for exercising powers under Section 3 of the Act have not been fulfilled with respect to the impugned items referred to in Schedule 'C' to the notification inasmuch as the matters are neither definite nor of any public importance . In view of my above findings, it is not necessary for me in this case to deal in details the point of mala fide raised by the petitioner in the instant case. That point is left undecided. 75. In the result, this Rule is made absolute. The impug....... + More
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1978 (9) TMI 186
... ... ... ... ..... which would admittedly and undisputedly take effect as a result of extension of another law on the same subject under Clause (n), would also come within the expression repealed in Clause (n) and that being so, the repeal will have to be regarded as quite valid and in order even according to the contention of Mr. Chaudhury according to which the power to repeal is to be found only in Clause. (k) and (1) and not in Clause (n). 20. My conclusion, therefore, is that the Arms Act, 1959, has been validly extended to Sikkim even ....... + More
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1978 (9) TMI 185
... ... ... ... ..... s of the Act. We have been informed that the appellant has filed an appeal before the Appellate Tribunal, Kerala under Section 61(a) of the Kerala University Act. 1974. We refrain from making any observation with regard to that appeal. We wish to say that the validity of Sections 60(7), 61 and 65 was not in question before us, and so we express no opinion in regard thereto. 61. The result, therefore, is that the appeals fail and are dismissed. The judgment of the High Court setting aside the two orders of the Vice-Chancell....... + More
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1978 (9) TMI 184
... ... ... ... ..... he ban is removed by it. It merely saves the law enacted after coming into force of the said Article. We, therefore, must reject the argument of Mr. Ramamurthi with reference to Article 31C of the Constitution. 41. In the result all the petitions are allowed and it is declared that Section 25-O of the Act as a whole and Section 25-R in so far as it relates to the awarding of punishment for infraction of the provisions of Section 25-O are constitutionally bad and invalid for violation of Article 19(1)(g) of the Constitution....... + More
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1978 (9) TMI 183
... ... ... ... ..... ould justify the High Court to interfere under Art. 227. Before concluding the judgment, we may point out that Section 146 of the Code of Criminal Procedure 1898, is no longer in force having been replaced by the Code of Criminal Procedure of 1973 (Act 2 of 1974). Under the new Section, 146(1), if the Magistrate is unable to satisfy himself as to which of the parties was in possession of the subject of dispute he may attach the subject of dispute until a competent Court has determined the rights of the parties thereto with....... + More
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1978 (9) TMI 182
... ... ... ... ..... ad given prior consent to the publication of the cartoon Ex. P. S. Thus, the petitioner has miserably failed to prove the allegation made by him in paragraphs S and 11 of the petition which alone have been pressed before us. We have also come to the conclusion that the presumption under section 7 of the Press Act is not available to the appellant and the learned Judge was wrong in relying on the same. The result is that the appeal is allowed with costs. The judgment of the High Court setting aside the election of the appel....... + More
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