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1976 (11) TMI 217
... ... ... ... ..... ease and the other for the recovery of possession of the premises. There may be suits for recovery of Immovable property between co-sharers, or mortgagor and motgagee, or the true owner and the trespasser and so on. It would be academic to discuss the applicability of the provisions of Rules 2 and 4 of Order II, Code of Civil Procedure to these types of cases, and in fact it would be beyond the scope of the reference made to this Full Bench, I have, therefore, not referred to the catena of cases cited at the Bar and to the....... + More
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1976 (11) TMI 216
... ... ... ... ..... ary Committee for further inquiry to enable them to examine some other witnesses, if the material on record is not sufficient to prove the guilt of the respondent. We may add that the inconvenience and the trouble experienced by the respondent till now would be sufficient punishment to make him more conscious of his duties and obligations to the articled clerks during the period of training for not evincing sufficient caution, care and interest. Taking into account his past record and the other circumstances, we do not thi....... + More
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1976 (11) TMI 215
... ... ... ... ..... ly directed against her. As is obvious, she could have no opportunity to challenge it after the making of the final order, and such a belated challenge would have been purposeless for it would have given her no relief. So insofar as the appellant is concerned, the order of the Magistrate could not be said to be an interlocutory order and the revisional courts erred in raising the bar of Sub-section (2) of Section 397 against it. 9. We have gone through Dhola v. State and The Central Bank of India Ltd. v. Gokal Chand 1967 1....... + More
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1976 (11) TMI 214
... ... ... ... ..... on over it, but there is no evidence to establish that he dishonestly misappropriated the receipt book or converted it to his own use or dishonestly used or disposed of the receipt book. It is quite possible that the appellant might have lost or mislaid the receipt book and hence he might have been unable to return it to the superior authorities. What the section requires is something much more than mere failure or omission to return the receipt book. The prosecution has to go further and show that the appellant dishonestl....... + More
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1976 (11) TMI 213
... ... ... ... ..... tituted by law cannot act in such a manner as to set aside the Civil Court's judgment and decree. In this view, the Revenue Divisional Officer and the District Revenue Officer erred in ignoring the civil Court's judgment and decree. The question as to the rights of parties and also the question as to the jurisdiction of the civil Court will all have to be argued when the appeal is heard by the appellate Judge. The order of the Revenue Divisional Officer and the District Revenue Officer, when the decree of the civil....... + More
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1976 (11) TMI 212
... ... ... ... ..... rement on the part of the purchaser to take reasonable care to ascertain that the transferor had power to make the transfer. The requirements of the provision in the Specific Relief Act are only twofold, viz., (1) that the transferee has paid money in good faith and (2) he should have done so without notice of the original contract. In my opinion, the statement which the defendant No. 4 made in the witness-box clearly established these ingredients and nothing was done on behalf of the plaintiff to show that the defendant N....... + More
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1976 (11) TMI 211
... ... ... ... ..... crutinize how far the perfunctoriness of the Public Analyst has affected the substance of his conclusions. It is not enough to give a few mechanical data. It is more pertinent to help the court with something more of the process by which the conclusion has been arrived at. We need not probe the matter further, notwithstanding the decisions reported in two English cases (cited before us)(1) because the plea of 'guilty' silences the accused. We accordingly dismiss the appeal, although we leave it to the State Governm....... + More
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1976 (11) TMI 210
... ... ... ... ..... word 'appurtenances' includes all the incorporeal hereditaments attached to the land granted or demised, such as rights of way, of common . . .but it does not include lands in addition to that .granted'. (Words and Phrase, supra). 33. In short, the touchstone of 'appurtenance' is dependence of the building on what appertains to it for its use as a building. Obviously, the hat, bazar or mela is not an appurtenance to the building. The law thus leads to the clear conclusion that even if the buildings were....... + More
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1976 (11) TMI 209
... ... ... ... ..... rly good prima-facie case is made out for interference with the internal affairs of educational institutions. 13. We presume that the plaintiff-respondent has been working as a result of the injunction granted to him. We, however, see no justification for continuing the injunction. We, therefore, allow this appeal to the extent that we withdraw the injunction. This means that the parties are left free to adjust their differences. If, upon the strength of any facts subsequent to the institution of the suit now before us, th....... + More
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1976 (11) TMI 208
... ... ... ... ..... the grant of an interim injunction. 11. In Meckdlec Engineers and Manufacturers v. Basic Equipment Corporation C.A. No. 508 of 1976 decided on 1.11.1976 also we found very recently that, as in the case before us now, a learned Judge of the Delhi High Court had overlooked the principles governing interference under Section 115 Civil Procedure Code laid down by this Court in Baldevdas Shivlal and Anr. v. Fdmistan Distributors (India)(P) Ltd. and Ors. D.L.P. Housing and Conslmction Co. Pvt. Ltd. New Delhi v. Samp Singh and Or....... + More
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1976 (11) TMI 207
... ... ... ... ..... the view adopted by my learned brother Jaswant Singh. I am unable to accept an interpretation of the relevant provision prescribing limitation which would confine the accrual of a cause of action only to cases of direct proof of death, on a particular date. Such a view implies that suits based on a presumption of death are devoid a cause of action which could support a suit by a reversioner. I do not think that the provision we have to interpret was meant to define or restrict a right of suit or a cause of action in this f....... + More
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1976 (11) TMI 206
... ... ... ... ..... der under any of these sections of the Code in respect of such offences could be passed. For these reasons, therefore, we think that the High Court of Madhya Pradesh in the instant case, as also in its Division Bench decisions in Criminal Revision No. 285/74 (State v. Shantilal Others) and Criminal Revision No. 286/74 (State v. Manoharlal Ors) mentioned in the order under appeal, was wrong in law, and therefore these deci- sions are hereby overruled. I, therefore, concur with the judgment proposed by my brother Bhagwati, J....... + More
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1976 (11) TMI 205
... ... ... ... ..... ave been sufficient to disprove the allegations, had sufficient and convincing evidence been led to prove them. The High Court also failed to consider that the appellant had examined some of the persons who, according to the witnesses for the second respondent, accompanied the appellant whom the offending documents were distributed, and they have denied the allegation. In any case we have found that the evidence led in support of the allegation of corrupt practice is neither sufficient nor convincing. Not only the oral evi....... + More
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1976 (11) TMI 204
... ... ... ... ..... igatory. The application and the order of Deshpande, J. did not dispense with that procedure. (20) Counsel referred me to a decision of Prakash Narain, J. in Munshi Lal v. Delhi Administration, (C.W. No. 433-D of 1961 decided on December 10, 1970) (2). That was a case under s. 48 of the Act. There Mr. Dharam Vira, the then Chief Commissioner made an G order under s. 48 releasing the petitioner's land. His successor Mr. Vishwanathan decided not to release the land. The learned judge held that an order having once been m....... + More
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1976 (11) TMI 203
... ... ... ... ..... dence for such application more time is spent which could have been utilised to dispose of the suit itself. ( 5. ) In the result, the rule is made absolute, but the restoration will be on the following terms -- The petitioner will pay to the respondent the costs of the Miscellaneous Application, of the Misc. Appeal and of this revision petition as well as the costs thrown away on 29th June, 1974, quantified in the aggregate at ₹ 350/-, before the date of effective hearing of the suit. Such payment of costs will be co....... + More
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1976 (11) TMI 202
... ... ... ... ..... e mean time a number of other appointments were also made to Indian Administrative Service by promotion from the State Civil Service, some of the officers received promotions to higher posts in that service and may even have retired. Those who continued to serve could justifiably think that as there was no challenge to their appointments within the period prescribed for a suit, they could look forward to further promotion and higher terminal benefits on retirement. The High Court therefore erred in rejecting the argument t....... + More
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1976 (11) TMI 201
... ... ... ... ..... lf of the revision petitioners (the heirs of the said Joseph and those who took under the settlement deed dated 15.6.1957) that levy under the Kerala Rice and Paddy (Procurement by Levy) Order, 1966, has been collected from each of the shares under the deed of 1957, that land tax has been imposed on each of the shares separately and agricultural income-tax collected on the income of the properties of each of the sharers . We do not think it is necessary to go into any other question. The High Court was of opinion that some....... + More
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1976 (11) TMI 200
... ... ... ... ..... . must necessarily fall. The conviction under s. 447 I.P.C. as also that under ss. 324/34 and 323/34 I.P.C. cannot be interfered with in view of the evidence of assault made by the appellants on the witnesses Ram Khelawan, Manohar, Sarabjit, Mewa Lal, Satrohan with their respective weapons. Having regard to the fact that the appellants made a concerted attack either with a Biroo or lathis respectively on the aforesaid prosecution witnesses they had undoubtedly a common intention to cause simple hurt to these witnesses. For....... + More
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1976 (11) TMI 199
... ... ... ... ..... ection will be determined by such deemed date of selection. No employee has any right to have a vacancy in the higher post filled as soon as the vacancy occurs. Government has the right to keep the vacancy unfilled as long as it chooses. In the present case, such a position does not arise because of the controversy between two groups of officers for these years. The seniority list which is the basis for the field of choice for promotion to the post of Assistant Commissioner was approved by this Court on 16 April, 1974. Pro....... + More
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1976 (11) TMI 198
... ... ... ... ..... it is difficult to ignore. As stated elsewhere in the judgment, we cannot also be oblivious of the fact that all workmen of the company have accepted the settlement. o p /o p Besides, the period of settlement has since expired and we are informed that the employer and the 3rd respondent are negotiating another settlement with further improvements. o p /o p These factors, apart from what has been stated above, and the need for industrial peace and harmony when a union backed by a large majority of workmen has accepted a set....... + More