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Feb 19 1962

Mohanlal Hargovindas Vs. State of M.P. and ors.

Court : Madhya Pradesh

Decided on : Feb-19-1962

Subject : Sales Tax

Acts : Constitution of India - Articles 245, 286(1) and 286(2); Sales Tax Laws Validation Act, 1956 - Sections 2; Madhya Pradesh Sales Tax Act, 1947 - Sections 2, 4, 4(6), 8, 8(3), 11A, 22(4) and 27A; Central Provinces and Berar Sales Tax Act, 1947

Reported in : AIR1962MP245

Article 132 of the Limitation Act applied to suits for sale by holders of simple mortgages and the Public Suits Validation Act (XI of 1932) which provided for the restoration of suits dismissed on a particular interpretation of Section 93 … order of a Court declaring any electoral rolls invalid on all or any of the grounds specified in Sub-section (2) or directing preparation of fresh electoral rolls shall be deemed to be and always to have been of

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Jun 27 2013

A.Arunagiri Vs. Egmore Benefit Society Ltd.

Court : Chennai

Decided on : Jun-27-2013

Subject : Land Acquisition

there is a bar for the institution of the suit, as per Section 69(2) of the Indian Partnership Act, 1932 read with Order XXX, Rules 1 and 2 CPC. (b) On 16.6.1995, the plaintiff firm represented by six … would exercise the power conferred by the deed of simple mortgage to bring the property to sale by public auction.P (f) On 14.8.1997, an auction notice was issued by the first defendant (mortgagee) through the second defendant, … for other reliefs. 4. Tr.C.S.No.2 of 2003 and Tr.C.S.No.3 of 2003 are suits filed by the erstwhile partners of the mortgagor firm, for declaration that … The clauses 17 and 18 contained in the mortgage deed are legally valid and they are not contrary to the public policy. Section 61 of

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Jul 12 1943

Sushil Kumar Bose Vs. Emperor

Court : Kolkata

Decided on : Jul-12-1943

Subject : Criminal

Reported in : AIR1943Cal489

it puts an end to the Courts and gives an indemnity for acts done therein and thereunder. The Public Suits Validating Act, 1932, may also be looked at in this connection.15. It is interesting to note that nowhere … what appears to be its proper meaning.9. Sections 2, 4 and 5 of the Ordinance are quite clear. Section 2 repeals ordinance 2 of 1942. Section 4 declares the pending proceedings under ordinance 2 of 1942 to be … the effect of Section 3 of the Ordinance is to legalize and validate what has been done by the special Courts both as to conviction

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Dec 11 1935

Wares Ali and ors. Vs. Sheikh ShamsuddIn Alias Muntao Mia and ors.

Court : Kolkata

Decided on : Dec-11-1935

Subject : Trusts and Societies

Reported in : 168Ind.Cas.260

of the decision of the Judicial Committee in the ease of Prem Narain v. Ram Gharan . The Public Suits Validation Act of 1932: having been passed, the plaintiffs applied to Mr. S.N. Modak--the successor of Mr. R.C. Sen--to have … of the Court of the Additional District Judge of Howrah, dated February 29, 1932 and July 15, 1932. The suit out of which they have … out of which they have arisen was one instituted by six persons as plaintiffs under the provisions of Section 92 of the Code of Civil Procedure with the sanction of the Collector of the District as provided

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Jun 22 1943

Gobinda Chandra Ghosh Alias G. Ghosh and anr. Vs. Abdul Majid Ostagar ...

Court : Kolkata

Decided on : Jun-22-1943

Subject : Trusts and SocietiesProperty

Reported in : AIR1944Cal163

made a wakf for the upkeep of a mosque built. The plaintiffs are the members of the Mahomedan public who are interested in the mosque, two of them being the brother's grandsons of Khidir Buksh, and the … jurisdiction over the property and no useful purpose would be served by compelling the plaintiffs to institute two suits. The plaintiffs are directed to amend their plaint and pay court-fees within a month; failing which the suit … up before the District Judge on 2lst March 1932 when the following Order was passed:Pleaders heard. The … J.1. This appeal is on behalf of defendants 2 and 3 in a suit commenced by the … it was recited by the lessors that there was no legal or valid wakf created by Khidir Buksh but it was the duty of the … of Mowazzin and Khatib etc., themselves, and shall do all the necessary acts, etc., relating to the said Masjid and shall themselves appropriate the savings … in a suit commenced by the plaintiffs under Section 92, Civil P.C. The suit relates to certain

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Jan 06 1936

Bhabataran Chakravarty and ors. Vs. Ramlal Das Mohunt

Court : Kolkata

Decided on : Jan-06-1936

Subject : Civil

Reported in : AIR1936Cal815,166Ind.Cas.954

in order. This decree was signed by the Court on 17th February 1932. On 8th April 1932, the Public Suits Validation Act (Act No. 11 of 1932) received the assent of the Governor General and came into force. On 4th … have to be proceeded with and proceeded with in accordance with the law from that point of time, Section 2 of the Act not applying to the suit at all.2. This is a view which, in our opinion,

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Dec 24 1958

Nabadwip Bhajan Asram Vs. Commissioners of Nabadwip Municipality

Court : Kolkata

Decided on : Dec-24-1958

Subject : Trusts and Societies

Acts : Societies Registration Act, 1860 - Sections 6 and 7; ;Bengal Municipal Act, 1932 - Sections 124(1) and 535

Reported in : AIR1959Cal361

1932) on the ground that the said holdings are exclusively used as places of worship to which the public have the right of free access. It was stated that the object of the Ashram was to promote … Societies Registration Act, namely, that the provisions contained therein for institution of suits by or against a registered society are not mandatory and do not … The powers of the trustees were also defined by this document.5. Section 124 (1)(b) of the Bengal Municipal Act, 1932 under which the plaintiff claims exemption from Municipal rates provides that :'the rate on holdings shall not be … found that the suit was not maintainable as framed and that no valid notice under Section 535 of the Bengal Municipal Act had been served … in three holdings numbered as 18, 19 and 20 of Ward II and at its branch comprised

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Jun 13 2008

People Charity Fund and ors. Vs. K. Raghava Reddy and Associates

Court : Karnataka

Decided on : Jun-13-2008

Subject : Trusts and Societies

Acts : Income Tax Act, 1961 - Sections 230A; Indian Partnership Act, 1932 - Sections 69 and 69(2); Indian Trusts Act, 1882 - Sections 46 to 48; Code of Civil Procedure (CPC) , 1908 - Sections 151 - Order 3, Rules 4 and 6 - Order 22, Rule 10 - Order 23, Rule 3 - Order 41, Rules 5 and 25

Reported in : 2009(3)KarLJ562; 2009(1)AIRKarR367; AIR2009NOC871(D.B)

who was the creator and author of the 1st defendant-trust, which was created for the benefit of general public. The suit property consists of a residential house and a vacant site bearing Municipal Nos. 27, 27-B, 27-C, … 1987 passed by the XVIII Additional City Civil Judge, Bangalore.2. The aforesaid suit was instituted by the respondent herein to enforce the agreement of sale … the agreement of sale? If one of the co-trustees, for legal and valid reasons, is not willing to the compromise petition, the Court cannot compel … and thereafter framed the following two additional issues:(1) Whether the plaintiff is a firm registered under the Partnership Act, 1932?(2) Whether the suit is barred by Section 69(2) of the Partnership Act, 1932?The Division Bench further held that

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Dec 23 2011

Jai Rattan Bhalla and anr Vs. Puri Investments and ors

Court : Delhi

Decided on : Dec-23-2011

Subject : Land Acquisition

intending to sell their shares in the suit property without informing them. The plaintiffs therefore carried out a public notice stating therein that in terms of the MOU, no co-owner was entitled to sell his/ her share … what is nature of the partnership property and what happens when the firm is dissolved. The Indian Partnership Act, 1932 provides for a mechanism for dealing in property which has been the subject matter of partnership firm upon … factual matrix of the matter is that the plaintiffs have filed the suit for injunction, rendition of account, partition and CS (OS) No.2424/2010 Page 1 … to be effective from 23.08.2000. The Ordinance having been held to be valid by us as stated above, the so-called prohibition contained in the first … occurring in the proviso to sub-section (3) of Section 27 is construed, it conveys the only meaning … CS (OS) No.2424/2010 % Judgment decided on : 23.12.2011 Jai Rattan Bhalla and Anr. ......Plaintiffs Through: Mr.

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Apr 08 1982

Chinthalacheruvu Chenchamma and ors. Vs. the District Collector, Nelor ...

Court : Andhra Pradesh

Decided on : Apr-08-1982

Subject : Property

Acts : Land Acquisition Act, 1894 - Sections 3-A, 4, 5-A, 17 and 17(2)

Reported in : AIR1982AP445

for a company. Such land shall thereupon vest absolutely in the Government free from all encumbrances. Sub - section (2) of S. 17, as amended by the Madras Amendment Act, XXX of 1948 reads as follows:-'(2). In the … and draft declaration were submitted to the District Collector for approval and publication. Notification under Section 4(1) and 6 of the Land Acquisition Act were … lands are situate very near the main road and the Harijanawada, quite suitable and fit for house sites and the beneficiaries were also willing to … of the Act. If the action taken is valid under the Act, it does not become invalid … village.or (b) any godown for any society registered or deemed to be registered under the Madras Co-operative Societies Act, 1932,or (c) any dwelling house for the poor,or (d) any irrigation tank, irrigation or drainage channel or any well,or

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