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Case Laws
Showing 1 to 20 of 80 Records
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1968 (2) TMI 131
... ... ... ... ..... owner would be to vest the property in the Central Government. It may be that insofar as the title vested in the displaced person the case would come within Article 31(2A), but then the section is not severable and it has to be declared void as a whole. We need not consider the point that even if the section is severable, it would be void under Article 19(1)(f). The points we have mentioned above would also be relevant in considering the reasonableness of the restrictions. 1 7 . We may mention that the learned counsel on b....... + More
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1968 (2) TMI 130
... ... ... ... ..... within two months from to-day the balance of the sale price with interest due as per the terms of Exhibit A-1 after giving credit to the sums of ₹ 2,000 and ₹ 10,000 already paid after giving notice of the same to the 1st defendant. (2) Within one month of such notice, the 1st defendant shall execute the sale deed in respect of the suit property as per the terms and conditions of Exhibit A-I. The 1st defendant will execute the sale-deed on the stamp papers, Exhibit A-6, or new stamp papers in lieu thereof to be....... + More
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1968 (2) TMI 129
... ... ... ... ..... succeeded only in respect of 1032 tons - 400 tons which have been already delivered, and 632 tons remaining to be delivered. The order of the learned Single Judge and the High Court was not clear and it would have led, if allowed to stand, to considerable litigation. Before us, counsel for the petitioner did not seek to press his case for delivery of goods exceeding 632 tons. The High Court had also given no directions with regard to the exclusion of goods which by virtue of the direction given by the Customs Authorities, ....... + More
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1968 (2) TMI 128
... ... ... ... ..... in annual general meeting was made up. It is not clear when the profit and loss account of the company was laid before the annual general meeting of the company in this case. But what matters is the period in respect of which such accounts are placed before the annual General meeting. It seems to me therefore, that Section 1(4) will enable the provisions of the Act to operate in respect of the accounting year commencing on any day in the year 1964 and in respect of every subsequent year. To that extent, the Act would have ....... + More
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1968 (2) TMI 127
... ... ... ... ..... right, if any, of the Clerks to oust the Stenographers from their cadre. The Petitioner has, however, failed to prove the existence of separate cadres for Clerks and Stenographers, in rebuttal of the statement in paragraph 4 of the counter-affidavit that both clerks and stenographers belong to Class III ministerial service. The Pay Commission's observations as to the difference in the nature of their work have no legal force but only matters for consideration of the administrative authorities. The Petitioner may carry ....... + More
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1968 (2) TMI 126
... ... ... ... ..... is case, but for the supervening insolvency the accused might have paid back the money to the J. R. Firm. The fact that they were on this occasion and also in the High Court willing to pay shows that if the matter had not been concluded against them by the insolvency they might even have attempted to satisfy the J. R. Firm. There were influenced by the case with which they could borrow money and therefore tempted to depart from the strict path of honesty to meander into an offence of cheating. Taking this into consideratio....... + More
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1968 (2) TMI 125
... ... ... ... ..... th the order at Annexure P for removal of the petitioner and for setting aside the resolution delegating powers of the competent authority to the respondent No. 1. The petitioner, therefore, succeeds only to the extent that the order at Annexure 'R' is set aside, disqualifying him for a period of four years under Section 49(2). Rule is made absolute only to the limited extent in so far as the order at Annexure 'R' under Section 49(1) disqualifying the petitioner is concerned while the rule is discharged in ....... + More
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1968 (2) TMI 124
... ... ... ... ..... 6. The next question, that has been raised by Mr. Mittal is that only defendants 1 to 4 could raise this objection, namely, that no suit for redemption is competent. We are unable to agree with this contention. Defendants 5 to 20 derived title from defendants I to 4 and they could defeat the suit if the suit could have been defeated on that ground by defendants 1 to 4. The mere fact that defendants 1 to 4 are siding with the plaintiffs will not affect the matter. 7. In the last resort, Mr. Mittal has railed the contention ....... + More
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1968 (2) TMI 123
... ... ... ... ..... bour Court in Rohtak. 10. The instant reference, which awas registered at No. 4 of 1964 by the Labour Court, Rohtak, and at No.145 of 1966 by the Labor Court, Jullundur, is a proceeding within the meaning of Section 93 of the Punjab Reorganisation Act, 1966. (2) The Labor Court, Jullundur, or Industrial Tribunal. Punjab, Chandigarh is corresponding Court, tribunal, Authority or Officer within the meaning of Section 93 of the punjab Reorganisation Act, 1966. (3) The reference stands transferred to the Labour Court, Jullundu....... + More
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1968 (2) TMI 122
... ... ... ... ..... professional misconduct is established against respondent No. 1 falling under cl. (o) of the Schedule to the Act. The only question which now remains is the final order to be passed against respondent No. 1. In our opinion, the conduct of respondent No. 1 is wholly unworthy of a Chartered Accountant who is expected to maintain a high standard of professional conduct. The proper punishment would have been the removal of the respondent No. 1's name from the Register for a limited period but in view of the fact that the p....... + More
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1968 (2) TMI 121
... ... ... ... ..... o be found in the impugned Act. It is therefore not possible to agree with the view that the purpose of s. 4 is to fill in the lacuna pointed out in Sharma s Case( 1966 3 S.C.R. 557) nor with the view that it raises a question of adequacy of compensation. The section under the guise of validating the acquisitions, orders and notifications camouflages the real object of enabling acquisitions by paying compensation on the basis of values frozen by notifications under s. 4 which by part acquisitions thereunder had lost their ....... + More
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1968 (2) TMI 120
... ... ... ... ..... s of the compromise of May, 29, 1954 ,directing postponement of the execution of the decree on the term that the judgment-debtor would pay interest at the rate of 1 per cent per month until realisation. The prescribed period ,of limitation under Art. 175 of the Indian Limitation Act, 1908 for an application for payment of the decretal amount by instalments was six months from the date of the decree. The compromise petition did not ask for payment of the decretal amount by instalments. It asked for postponement of the execu....... + More
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1968 (2) TMI 119
... ... ... ... ..... uch c confirmation, the, authority had no power to dispense with their services under r. 6(3) on the ground that their work or conduct during the period of probation was unsatisfactory. It follows that on the dates of the impugned orders, the respondents had the right to hold their posts. The impugned orders deprived them of this right and amounted to removal from service by way of punishment. The' removal from service could not be made without following the procedure laid down in the Punjab Civil Services (Punishment ....... + More
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1968 (2) TMI 118
... ... ... ... ..... i Municipal Corporation. It is not necessary to rely on the-safeguards mentioned by the learned Chief Justice to sustain the delegation. There is no need to think that delegations of the present type will lead to arbitrary taxation or rules. First, we must have faith (1) 9 A.C 117. (2) 10 A.C. 282 (3) 1919 A.C. 935 in our representative bodies and secondly, I agree with the learned Chief Justice and Hidayatullah, J., that in suitable cases taxation in pursuance of delegated powers by a Municipal Corporation can be struck d....... + More
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1968 (2) TMI 117
... ... ... ... ..... of mesne profits and improvements in relation to L(1) (b) will be reconsidered in the light of the finding regarding the second Kuthakapattom but the, rate of mesne profits as already determined shall not be altered. The plaintiff will, of course, be entitled to mesne profits till the date of the grant of- the second Kuthakapattom. There is no doubt that the Society was wrongly advised. and allowed the question of,. amendment to be delayed. At the sane time by not allowing the amendment the plaintiff forces the Issue regar....... + More
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1968 (2) TMI 116
... ... ... ... ..... eks restitution has a duty to account to the defendant for what he has received in the transaction from which his right to restitution arises. In other words, an accounting by the plaintiff is a condition of restitution from the defendant (See Restatement of the Law of Restitution , American Law Institute, 1937 Edn., p. 634). The appellant did not produce sufficient evidence to show to what extent he worked the contract and what was the profit made by him in the year 1951 and the succeeding year. In the absence of reliable....... + More
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1968 (2) TMI 115
... ... ... ... ..... as to obtain possession of the vacant premises for starting his own business as a manufacturer and seller of surgical appliances and that the recitals in that connection in the transfer deed were false, the answer to the first question is obvious. If there was no intention on the part of either of the parties to transfer business because there was no business to transfer, then the conclusion that the respondent is not a transferee of any business as a result of the transaction dated 2nd December, 1954, within the meaning o....... + More
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1968 (2) TMI 114
... ... ... ... ..... t the evidence could not have been properly admitted to record at that stage, it was free to ignore that evidence and proceed to adjudge the merits of the order under revision, and, in that view of the matter, the Tribunal has not committed any error in exercising that jurisdiction. The result is that we answer the question referred to us in all these applications in the negative, and hold that the Tribunal has not committed any error in law in refusing to look into the further evidence which the Deputy Commissioner had pe....... + More
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1968 (2) TMI 113
... ... ... ... ..... t the said plant was to be sold as a chattel to be set up by any other agency, a process which might involve the disclosure of the applicants own patented processes or trade secrets. Having considered the matter carefully, we have, therefore, come to the conclusion that it was never intended that the sprinkler installation was to be sold as a chattel by the applicants, nor was it intended that the transaction between the applicants and the Ginning Co. was intended to be divisible into two contracts, one for the sale of the....... + More
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1968 (2) TMI 112
... ... ... ... ..... d turnover. There is, thus, no doubt that what the proper order in the case of the applicants would be is indicated in no uncertain terms in this passage. We have, therefore, no difficulty in answering the question posed by the Tribunal to the effect that on the facts and circumstances of the case the Assistant Commissioner of Sales Tax was not justified in exercising his revisional powers under section 31 of the Bombay Sales Tax Act and he could not validly initiate proceedings for bringing to charge the escaped turnover ....... + More
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