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1974 (9) TMI 137
... ... ... ... ..... illegal. In this view of the matter the appeal fails and stands dismissed with costs. 19. During the course of the hearing, we are told that in spite of the decree in the trial Court as well as in the appellant Court, the respondent has not been allowed to join service and is not reinstated nor paid any salary or allowance. The incident now is more than fifteen years old and the present litigation is pending in Courts for upwards of ten years. It is distressing to find that in spite of judicial pronouncement and without ob....... + More
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1974 (9) TMI 136
... ... ... ... ..... so violation of the principles of natural justice nor was the finding perverse. The jurisdiction of the Commissioner is an appellate jurisdiction and is of wider scope unlike that of the Tribunal in an application under section 33 of the I.D. Act. The Commissioner is competent to rehear the matter completely and come to its own conclusion after re-appreciation of the evidence. There is no legal bar in entertaining additional evidence if that is necessary in the interest of justice. The rule of law which has been laid down ....... + More
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1974 (9) TMI 135
... ... ... ... ..... rcised fairly, reasonably, and impartially. Capricious or dishonest preferences on purely personal grounds are necessarily excluded here. We have no doubt that the Tribunal will reconsider claims in conformity with needs of public interest as they exist at the time of reconsideration by the Tribunal. We do not think that these cases justify interference by this Court in exercise of its power under Article 136 of the Constitution. 36. The result is We allow Civil Appeal No. 1402 of 1974 and set aside the order and judgment ....... + More
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1974 (9) TMI 134
... ... ... ... ..... ption is drawn through the well known hypothetical reasonable man. Reckless disregard of consequences and mala fides stand-equal, where the actual state of mind of the actor is relevant. This is so in the eye of law, even if there might be variations in the degree of moral reproach deserved by recklessness and mala fides. 10. The Bombay, as also, the Central, General Clauses Acts, help only in so far as they lay down that negligence does not necessarily mean mala fides. Something more than negligence is necessary. But thes....... + More
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1974 (9) TMI 133
... ... ... ... ..... of gift (Ext. 5) in her favour executed by defendant No. 1, she could divest herself of this title only by a proper document satisfying the condition of law. The document in question, namely, the deed of surrender has already been shown and held to be invalid; therefore, no interest passed in favour of the defendant No. 1 under the said document. The plaintiff, therefore, must be held to be possessed of her full title in the suit property and entitled to the reliefs claimed for in the suit. 14. In view of these clear findi....... + More
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1974 (9) TMI 132
... ... ... ... ..... defective. But so far as the impugned notice in this case is concerned, it does not suffer from any such defect as it clearly directs the petitioner to appear before the Collector. 17. Under these circumstances, we are of the opinion that it is not necessary under Section 124 of the Act that the authority giving show cause notice under Clause (a) of this Section should be the same which can undertake adjudication proceedings under Section 122. The function of issuing a show cause notice and the function of conducting adjud....... + More
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1974 (9) TMI 131
... ... ... ... ..... s it was received nor even at the time of the confirmation and continuation of the detention, the Government had failed in one of its obligatory duties With regard to the detention of the prisoners and, therefore, for that reason also the detention becomes illegal. Here in the present case the representation of the Petitioner was received by the State Government before it confirmed the order of detention, but it did not consider the representation and thus failed in one of its obligatory duties with regard to the detention....... + More
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1974 (9) TMI 130
... ... ... ... ..... he exception the Rule would have included also applications for condonation of delay in filing special leave petitions. Any application for condonation of delay in filing petition of appeal is therefore included in applications for enlargement or abridgement of time. 6. This practice of the Chamber Judge hearing applications for condonation of delay in filing petitions of appeal within the time appointed by the Rules of this Court has been followed ever since 1966. Cursus curiae est lex curiae. The practice of the Court is....... + More
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1974 (9) TMI 129
... ... ... ... ..... an order if the order could be sustained on any other provisions of the statute. The question therefore is whether the demand in this case could be sustained under Rule 9-B? It is not in dispute that there has been an earlier levy of excise duty on the petitioner on the basis that the count of yarn manufactured by it was 33.9 NF. As a result of the test reports, additional levy has been made and the differential duty is sought to be levied in addition to the duty already collected. That will squarely come under Sub-rule (5....... + More
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1974 (9) TMI 128
... ... ... ... ..... and was guilty of laches in coming forward to contest the proceedings, he would be entitled to a hearing on merits On the other hand, if the question of deliberate laches or unexplained delay in approaching the Collector after being aware of the proceedings under the Act is not involved, a person whose interests are likely to be affected by such declaration of surplus area has a right to be heard and is entitled to claim a decision on merits by approaching the Collector for this purpose notwithstanding the fact that his na....... + More
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1974 (9) TMI 127
... ... ... ... ..... 1972. The petitioners did not move after the declaration under Section 6 of the Act. The petitioners came to the court after the issue of notice under Section 9 of the Act. 11. In the present case the facts show in bold relief that the appellants came to Court nine years after the declaration under Section 6 of the Act. 12. Land Acquisition proceedings commence with the notification under Section 4 of the Act. Objections are invited under Section 5A of the Act. Thereafter a declaration under Section 6 of the Act is made. A....... + More
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1974 (9) TMI 126
... ... ... ... ..... itioners are, therefore, not entitled to either of the two reliefs sought by them and the rule must be discharged but that is on the ground that the acts complained of are not shown to cause any interference with the fundamental rights available to them and not on the ground that prisoners possess no fundamental rights. The rights claimed by the petitioners as fundamental may not readily fit in the classical mould of fundamental freedoms, but basic rights do not become petrified as of any one time, even though as a matter ....... + More
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1974 (9) TMI 125
... ... ... ... ..... ly restrained from doing so to facilitate the working of the said arrangement under section 392. The same reason justifies the removal of R. L. Anand from the Board of Directors of the holding company and restraining him from functioning as a director of the subsidiary under section 392 and the removal of R. P. Anand from the post of General Manager of the subsidiary. ( 29. ) Shri Parpia contended that section 392 does not enable the Court to enforce the arrangement sanctioned under section 391. There is no question of enf....... + More
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1974 (9) TMI 124
... ... ... ... ..... e appeal, the Board clearly acted in violation of principles of natural justice. ( 24. ) For reasons aforesaid I must hold that the Board had not acted in accordance with law in rejecting the petitioner's application for an order dispensing with deposit of the amount of penalty by an ex parte order dated 30. 5. 70 and the said order must be set aside. If that order fails the subsequent order of the Board dated 7. 11. 70 passed thereon must also fail along with the order dated 1. 2. 72 of the Central Government as passe....... + More
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1974 (9) TMI 123
... ... ... ... ..... ment bonds was 3 at the relevant time. The appellant apparently has sought to misread Ex.A- 7. We are satisfied with the valuation of the rented portion of the house adopted by the High Court is correct. Shri Pillai argued in vain for an augmentation of the value on the potential user of the plot for a Cinema House. This story has been factually disbelieved by the Courts below and we cannot reopen the matter. We must also remember that the Court below has been indulgent enough to adopt a multiple of 27 despite the fact tha....... + More
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1974 (9) TMI 122
... ... ... ... ..... ot;the contractor being paid at the controlled rates . 11. We think that fixation of the maximum price at which an article shall be sold is the controlled rate for the supply of that article within the meaning of the agreement. The fact that sellers are free to sell the article at a price lower than the maximum fixed by the government would not show that there was no control of the commodity. We do not understand how an article can be controlled under Section 3 of the Hoarding and Profiteering Prevention Ordinance, except ....... + More
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1974 (9) TMI 121
... ... ... ... ..... ering of foodgrains. It is further mentioned in this History-sheet that while committing the theft of wheat from the wagons on 10-9-72, the petitioner and his associates were carrying breaking implements, and when the Railway Staff warned the miscreants, the latter threatened the former with dire consequences. 9. This additional material which is given in the History-sheet and the contents of the F. I. R., which evidently weighed with the detaining authority in making the order of detention, were not communicated to the de....... + More
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1974 (9) TMI 120
... ... ... ... ..... after sending for the records, getting the paper books prepared, hearing both parties in the appeal and after appreciation of the evidence that it may be held that in some cases the dismissal, in fact, was ultimately justified. In many cases the appeals were even allowed. Long avoidable delay thus ensues during which the person convicted entertains a doubt about his conviction and has to suffer the anxiety caused thereby. We do hope and trust that the series of decisions over this long period disapproving of the practice o....... + More
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1974 (9) TMI 119
... ... ... ... ..... ask of public office, the national macrocosm will eventually magnify the vice; and once popular mistrust of democracy spreads, voices in the whispering gallery will be heard Mischief. thou art afoot, take what course thou wilt. If this small municipality needs policemen to hold its meetings, periodically exercise its,- If in the fine art of defection and false minutes perhaps allows the interests of a Mill to sway its affairs and compels the holding of public meetings to command its elected representatives to behave themse....... + More
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1974 (9) TMI 118
... ... ... ... ..... was outside the ambit of the Act. The Civil Court has jurisdiction in the subsequent suit which is the subject of this appeal. The appellant is not disentitled to any relief on the grounds of res judicata or estoppel or waiver. As one cannot confer jurisdiction by consent similarly one cannot by agreement waive exclusive jurisdiction of courts. The Civil Court and not the Rent Control possesses jurisdiction over the building in question. For these reasons the judgment of the High Court is set aside. The decree in favour of....... + More
