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1972 (4) TMI 109
... ... ... ... ..... n mind that under S. 110-B of the Motor Vehicles Act, the jurisdiction of the Tribunal to award 'just compensation' is very wide and comprehensive, we cannot say that this situation envisaged by Denning L. J. has arisen in this case. Amongst other considerations, the Tribunal has awarded damages on the basis that the victim is likely to contribute a sum of ₹ 100 per mensem for about 45 years. It may be that one can take a view that the likely monthly contribution may be more and the period may be less, but it....... + More
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1972 (4) TMI 108
... ... ... ... ..... iscussed. Besides, in any event, the authority ever posed the right question at all as 10 the degree and extent of the harmful activity of the petitioner so as to constitute himself a menace to the locality and unless he posed the right problem and analysed that problem dispassionately, he could never be said to have done his duty fairly and justly as required by the statute. He was bound to consider whether this particular activity which he now relies upon of manufacturing liquor had reached to such an extent as would req....... + More
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1972 (4) TMI 107
... ... ... ... ..... dabad dated 5th February, 1964 passed in Appeal (I.C) No. 123 of 1963 must be quashed and set aside and we direct that the matter should now be decided by the Industrial Court in the light of the observations made above 18. There is no cogent ground why this matter should be decided by this Court and not by the Industrial Court in the normal course as directed by the High Court, In our opinion the order of the High Court is legally correct and is also eminently just and fair. We are unable, therefore, to agree with Mr. Des....... + More
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1972 (4) TMI 106
... ... ... ... ..... given by the foreign Court is vitiated by any one of the infirmities under Section 13(a). The fact that out of the six exceptions there has been due compliance of some of the conditions and there has been no violation of some of the exceptions will not avail. The decree can be executed under Section 44-A only if all the conditions of Section 13(a) to (f) are satisfied. In other words, even if the Singapore High Court was a Court of competent jurisdiction either because of the residence of the defendant in Singapore or beca....... + More
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1972 (4) TMI 105
... ... ... ... ..... s if they are parts of estates are not exempt. 8. Lands planted with eucalyptus or teak are agricultural lands and so are not exempt. 9. The provision for settlement of tenants of kudiyiruppus or kidikidippukars in small holdings would be covered by agrarian reform or purposes ancillary thereto. 10. Lands which are interspersed between sites of commercial undertakings and house sites in municipalities with lands surrounding them are not agricultural lands fit for acquisition under the Act. 49. In. the result, we hold that ....... + More
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1972 (4) TMI 104
... ... ... ... ..... it is not necessary to consider the contention of Shri Anoop Singh that respondent 1 (defendant 1) has been passing off and or is likely to pass off its cycles as those of the appellant (plaintiff). No arguments were advanced before us by the learned counsel for the appellant (plaintiff) regarding the reliefs by way of damages and delivery of alleged offending goods etc. prayed for in clauses E and F of paragraph 20 of the plaint. (41) For the above reasons, the appeal is allowed, and the decree of the learned District Jud....... + More
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1972 (4) TMI 103
... ... ... ... ..... rder of detention, which have to be communicated to the detenu as soon as practicable, are conclusions of facts, and those conclusions of facts have to be communicated to the detenu as soon as may be. 11. We may also refer to the judgment of this Court in State of Bombay v. Atma Ram Sridhar Vaidya 1951CriLJ373 , a case under the Preventive Detention Act, Kania C.J. said (p. 178) By their very nature the grounds are conclusions of facts and not a complete detailed recital of all the facts.... These conclusions are the groun....... + More
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1972 (4) TMI 102
... ... ... ... ..... on 42 of the Madras Revenue Recovery Act provides that all lands brought to sale on account of arrears of revenue shall be sold free of all encumbrances. The liability of the land to be sold under s. 7 (c) of the Act was a pre-existing charge and that subsisted as from the date of the loan. This was not affected by the institution of the suit for partition. This charge could be enforced by the State, notwithstanding the pendency of the partition suit. No decree in the Partition suit could have effaced the charge. Therefore....... + More
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1972 (4) TMI 101
... ... ... ... ..... the time of arguments before the Rent Control Tribunal. None of the other points proposed to be raised before the High Court was urged before us. 10. In the above view of the matter the judgment of the High Court has to be set aside and that of the Rent Control Tribunal and the Rent Controller restored in the appeal arising out of S.A.No. 278/69. The other appeal arose out of S.A. 57/67 which had been filed by the appellant against the judgment refusing to strike out the defence of the respondent company. This was dismisse....... + More
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1972 (4) TMI 100
... ... ... ... ..... ---------------------------------- o p /o p 14.02 14,76,706 o p /o p -------------------------------------- o p /o p From the above, it will be seen that the workmen will be entitled to bonus at 14.02 of their total salary or wages and the amount will be ₹ 14,76,706 and not ₹ 20 as awarded by the Tribunal. From this it follows that the further direction in the Award of the Tribunal regarding set on cannot be accepted. Admittedly, the Company has already declared and paid ₹ 14,22,922 representing 13.51 of ....... + More
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1972 (4) TMI 99
... ... ... ... ..... is not a fit case in which the extreme penalty need be exacted from the accused. It is the case of the prosecution itself that the accused suspected the fidelity of Churi deceased and believed that Joginder had been born to her as a result of her adulterous conduct. Had Joginder been the son of the accused, the accused would have had a natural affection for the child and it is difficult to believe that he would have insisted upon Churi staying with him without the child. It is also the case of the prosecution that shortly ....... + More
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1972 (4) TMI 98
... ... ... ... ..... the provisions of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, for the impugned Act in that case (U.P. Act No. 1 of 1964) had amended S. 3 (8) of that Act of 1950. This grant in the nature of the jagir stood in the same position as all the big zamindaris and jagirs in Uttar Pradesh. It has never been urged that the Act of 1950 was not a measure of agrarian reform. The third object-settlement of agriculturists and agricultural labour it seems to us, is clearly covered by the expression agrarian reforms ....... + More
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1972 (4) TMI 97
... ... ... ... ..... n public interest to terminate the rights of the plantation lessees. Till such time as such a notice is given, the matter is purely of an academic nature. In case the Government decides not to terminate the lease of the plantation lessees, any discussion in the matter would be an exercise in futility. If, on the contrary, action is taken by the Government under section 17 in respect of any lease of land for purposes of the cultivation of plantation crop, the aggrieved party can approach the court for appropriate relief. As....... + More
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1972 (4) TMI 96
... ... ... ... ..... e respondents at the end of the arguments pointed out that the Income tax Department had asked for the payment of ₹ 25,000/- from the amount ceased from the petitioner towards his income tax dues. That matter should be dealt with by the respondents in accordance with the provisions of the Income tax Act and if, in accordance with those provisions, the payment has to be made to the Income tax Department and is so made, it will be deemed as if that amount has been returned to the petitioner in consequence of this order....... + More
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1972 (4) TMI 95
... ... ... ... ..... lying Article 171 of our Constitution, that the omission was either unintentional or that it led to absurd results. We think that, by adding a deemed to be necessary or implied qualification of a representative of the Graduates which the Constitution makers, or, in any event, the Parliament, could have easily imposed, the learned Judge had really invaded the Legislative sphere. The defect, if. any, in the law could be removed only by law made by Parliament. We conclude, after considering all the relevant constitutional and....... + More
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1972 (4) TMI 94
... ... ... ... ..... oceeded on the basis that if an offence had been committed under section 10-A, it must be taken that the concerned assessee never applied for and obtained any valid certificate in form C which would entitle him to have the beneficial rate of tax and that, therefore, the penalty leviable under section 10-A can only be 1 frac12 times the normal tax, i.e., 1 frac12 times the tax the dealer will have to pay if he had no C form certificate. If the principle on which the learned judges proceeded is correct, then there is no ques....... + More
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1972 (4) TMI 93
... ... ... ... ..... he facts of this case, we are of the view that the assessee in this case who has added half a per cent. of the actual sale price in his invoices and collected the same from the purchasers, who are under no legal obligation to pay the same, should be treated as part of the consideration for which the goods have been sold by him. It is an amount collected on the occasion of sale, in the sale bills. We are not inclined to accept the assessee s contention that the payments have been made voluntarily by the purchasers, for we h....... + More
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1972 (4) TMI 92
... ... ... ... ..... ve flowed from or accompanied it. One of those in this case is emancipation from the 1939 level of rents. The statute says that you must imagine a certain state of affairs it does not say that having done so, you must cause or permit your imagination to boggle when it comes to the inevitable corollaries of that state of affairs. We are, therefore, of the view that the effect of the retrospective operation of the amended Act 27 of 1970 is that the explanation inserted by section 1(2) would, for all legal purposes, have to b....... + More
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1972 (4) TMI 91
... ... ... ... ..... e petitioner did not in fact resist the assessments being made against it on the ground that it did not supply refreshments at all to students. As already stated, the association was assessed by the sales tax authorities on the ground that it has sold refreshments to its members as well as the students, who are non-members. If really the association has not sold the refreshments at all and it is the hostel run by the students themselves that supplied the refreshments to themselves, these facts should have been brought befo....... + More
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1972 (4) TMI 90
... ... ... ... ..... sell the goods to the purchasers in his own right to pass a valid title or the sale was on behalf of the opposite party. (iv) Without a further probe into materials it is not possible to say whether the opposite party cannot be assessed in respect of the impugned inter-State sale. The Tribunal after the case goes back to it must call upon the parties to produce the relevant materials for determination of the real character of the impugned inter-State sale. 13.. On the aforesaid analysis, our answer to the question of law r....... + More