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1976 (9) TMI 189
... ... ... ... ..... notice of termination of tenancy is not valid and the premises have been let out for residential-cum-commercial purposes and no permission has been obtained from the Competent Authority (Slum Areas)to institute the petition. The Controller has observed that no material has been placed on record to suggest that the premises were let out for residential-cum-commercial purposes and that the defense about the validity of the notice of termination of tenancy and lack of permission from the Competent Authority (Slum Areas) were ....... + More
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1976 (9) TMI 188
... ... ... ... ..... rejecting the writ petition. It has been made clear more than once that the power to give relief under Article 226 is a discretionary power. He was right in not exercising the inherent and extraordinary jurisdiction in favour of the appellants. They must fail on account of inordinate delay and laches on their part. Their earlier petition was dismissed as withdrawn on 16-3-1972. They sat quiet for a period of nearly 1 1/2 years. There was unreasonable delay on their part in moving the Court. The delay remains unexplained. M....... + More
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1976 (9) TMI 187
... ... ... ... ..... is no State Appeal against the acquittal, that acquittal cannot be disturbed now. The only other person who can be held liable is the man who actually sold the said drug. Taking into consideration the fact that the offence was not committed deliberately and intentionally, I think that the fine should also be reduced to half. 7. In the result, the revision is allowed to this extent that while the conviction of applicants Abdul Majeed and Mohd, Fareed are maintained, Each of them is ordered to pay a fine of ₹ 175/- und....... + More
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1976 (9) TMI 186
... ... ... ... ..... nt by the probationary measure. It may be pointed out that the Law Commission also in its Forty Seventh Report recommended the exclusion of applicability of the probationary process in case of social and economic offences and presumably in response to this recommendation, the Legislature has recently amended the Prevention of Food Adulteration Act, 1954 by introducing Section 20AA providing that nothing contained in the Probation of Offenders Act, 1958 or Section 360 of the CrPC, 1973 shall apply to a person convicted of a....... + More
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1976 (9) TMI 185
... ... ... ... ..... st of Tahsildar was amended by adding a proviso saying that the requirement in regard to being an approved probationer and the exercise of powers of a Magistrate shall not apply in respect of those Deputy Tahsildars in the Telengana area for whom promotion to the category of Deputy Tahsildar was or is the first stage of promotion after the 1st November 1956 . The notification states that the amendment shall be deemed to have come into force on the 1st June, 1961. The amendment thus appears to cover the cases of the said 63....... + More
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1976 (9) TMI 184
... ... ... ... ..... evidence before the Court. It is not for the High Court in the exercise of its jurisdiction under article 226 of the constitution to reappraise the evidence and come to its own conclusion which may be different from that reached by the District Judge or the Prescribed Authority. We do not therefore, see any reason to interfere with the decision of the High Court.42 2. We accordingly, dismiss the appeal but in view of the facts and circumstances of the case, we grant time to the appellant to vacate the premises on or before....... + More
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1976 (9) TMI 183
... ... ... ... ..... tion 48 (3) (xv), the impugned notification of the State Government was ultra vires. The second ground is what follows if the first is good. But, as we have already explained above, the first ground itself is not sound. There is no question of any special provision overriding the general. The provisions are complementary. Section 48 (3) (xv) is really meant to carry out the direction which can legally be given under Section 43 (1) (d) (i) of the Act. Therefore, although we allow the miscellaneous application and have permi....... + More
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1976 (9) TMI 182
... ... ... ... ..... ning compensation. The procedure under the unamended Act may have had relevance for acquisition proceedings begun before the amendment of the Acquisition Act in 1927 when it really existed. But, we think that it is a fair interpretation of the provisions of Section 23 of the Mysore Act to hold that compensation for acquisitions will be general provisions of the Acquisition Act as they exist on the date of a particular acquisition proceeding except to the extent to which a different procedure is expressly laid down in the M....... + More
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1976 (9) TMI 181
... ... ... ... ..... 5, he shall. be punishable- (a) in the case of a contravention of the provisions of sub-section (1 ) of Section 5, with simple imprisonment for a term which may extend to three months, or with fine which may extend to a sum which exceeds the unlawful charge claimed or received under that sub-section by one thousand rupees, or with both. Hence, the case before us is completely covered by the concept of reasonableness of expectation of rent which must take the penal law of the State into account. It is not the expectation of....... + More
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1976 (9) TMI 180
... ... ... ... ..... minimum period before the expiration of the period of the permit must be provided within which this procedure can be completed so that the, renewal can, if at all, be granted well in time before the permit expires. If an application for renewal could be entertained even if made at any stage, it would dislocate the procedural machinery set out in section 57 and that is why the Legisla- ture prescribed in sub-section (3) of section 58 that the delay in making an application for renewal may be condoned by the Regional Transpo....... + More
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1976 (9) TMI 179
... ... ... ... ..... person entitled to nominate the arbitrator. Or else the respondents would have objected to the appointment of the arbitrator and declined to participate in the arbitration proceedings or at any rate, participated under protest. We are, therefore, of the view that the arbitrator was validly nominated by the Secretary in charge of the Department of Food in the Minis- try of Food Agriculture. This view renders it unnecessary for us to consider whether by participating in the proceedings before the arbitrator without objection....... + More
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1976 (9) TMI 178
... ... ... ... ..... the concurrent findings of fact arrived at by the Courts below that the impugned order was not by way of punishment ignoring the well settled principle of law that a second appeal cannot be. entertained on the ground of erroneous finding of fact, however gross the error might seem to be. (See Paras Nath Thakur v. Smt. Mohani Dasi Ors.( 1960 1 S.C.R. 271); Sri Sinna Ramanula Jeer Ors. v. Sri Ranga Ramanuja Jeer Anr. ( 1962 2 S.C.R. 509); R. Ramachandra Ayyar v. Ramalingam() 1963 3 S.C.R. 604) and Madamanchi Ramappa Anr. v. ....... + More
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1976 (9) TMI 177
... ... ... ... ..... ly rejected the application for amendment and agreed with the trial court. We are told that the defendants proposed amendments to two other paragraphs of written statement. These are paragraphs 4 and l 9 of the written statement. These amendments were also rightly rejected. For the forgoing reasons the appeal must fail. The defendants, appellants cannot be allowed to amend the written statement in the manner suggested. The two alternative pleas of the defendants as alleged in paragraphs 25 and 26 of the written statement a....... + More
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1976 (9) TMI 176
"all the three panchas are now not traceable in spite of great efforts" was not challenged in cross-examination-no adverse inference can be drawn against the prosecution.
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1976 (9) TMI 175
... ... ... ... ..... and often to the dictates of the party at an advantage in the bargain. Mortgages are not always simple, English, or usufructuary or such other types as defined in the Transfer of Property Act. They are anomalous too and sometimes more anomalous than what is defined in the said Act. Even so, there is one most essential feature in a mortgage which is absent in a lease, that is, that the property transferred is a security for the repayment of debt in a mortgage whereas in a lease it is a transfer of a right to enjoy the prope....... + More
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1976 (9) TMI 174
... ... ... ... ..... he Chairman that his services on behalf of the Port will not be required. That is to say, although on a retainer and with fixed fees for appearance in eases there is no absolute ban to appear even against the Port. This condition is not at all consistent with the position of an officer of the Trust. We agree with the opinion of the Tribunal that Shri Misra cannot be held to be an officer of the Trust. A lawyer, simpliciter, cannot appear before an Industrial Tribunal without the consent of the opposite party and leave of t....... + More
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1976 (9) TMI 173
... ... ... ... ..... in the price lists and charged to wholesalers while arriving at the assessable value of the products for the purposes of levying excise duty thereon. The exact extent to which the appellants would be entitled to relief of deduction of expenses under the above heads will have to be investigated and fixed by the Assistant Collector before the appellants claim for refund on this account is sanctioned. With regard to three other deductions claimed by appellants namely forwarding, packing, freight and the cost of the fan regula....... + More
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1976 (9) TMI 172
... ... ... ... ..... eous Petition No. 477 of 1974 of this very petitioner company where the Maharashtra High Court had gone into the question of apportionment and had given directions for making such apportionment in the matters of advertisement expenses and freight expenses. Even though we have no foundation on facts and earlier indicated but as our interpretation of Voltas and Atic ratio is not as per the other High Court decisions and as petitioner s own matter is decided differently on this question of principle, we would grant a certific....... + More
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1976 (9) TMI 171
... ... ... ... ..... watel says excise duty was also being charged on 1/10th of the packing charges illegally. But it was not challenged before the excise authorities. The company did not contest the inclusion of 1/10th of packing charges in the prices quoted by it. There was acquiescence. It is not therefore, open to the company now to challenge the inclusion of 1/10th of the packing charges in the prices. As the counsel has not pressed this point l say nothing about it. 35. For these reasons I would accept the writ petition and quash the ord....... + More
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1976 (9) TMI 170
... ... ... ... ..... by the Assistant Collector and the orders passed by the Collector, Central Excise, Nagpur, in all the thirteen cases. The petitioner will recover costs of the petition from the Union of India. Counsel s fee Rs. 1,000/- it certified. The security deposit shall be refunded to the petitioner. 40. emsp I agree that this petition should be allowed for the reasons given by my learned brother, Singh, J. But I would like to reserve my opinion on the question whether the imposition of such a heavy penalty was in any case justified ....... + More
