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Shankerlal Gupta Vs. V. Jagadishwar Rao

Court : Andhra Pradesh

Subject : Tenancy

Acts : Hyderabad Houses (Rent, Eviction & Lease) Control Act, 1954 - Sections 3(3) and 3(5); Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960 - Sections 3(5); Uttar Pradesh (Temporary) Control of Rent and Eviction Act, 1947 - Sections 7(I); Indian Contract Act, 1872 - Sections 23

Reported in : AIR1980AP181

Act as being one that is forbidden by law and opposed to public policy. The Bench then held., 'We have already held that the contract … parties in cases of similar nature, resorted to common law and filed suits against the tenants for possession on the ground of their title. This … Ltd. (supra) for the unilateral acts of the plaintiff in overloading the ship contrary to the Merchant Shipping Act, 1932, the Master was prosecuted and fined for the offence, and when the defendants tried to avoid the payment … referred to as 'the Act'. It is also not disputed that the notice of vacancy as required by section 3 (1) of vacancy as required by section 3 (1) of vacancy as required by Section 3 (1) (a) … or the A. P. Rent control Act are valid as between the parties and that there is

Sushil Kumar Bose Vs. Emperor

Court : Kolkata

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 … 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 … been a great deal of legal argument in the hearing of this application turning upon the meaning of Section 3 of the repealing Ordinance. Learned Counsel for the applicant has contended that the applicant is entitled to be

Bhabataran Chakravarty and ors. Vs. Ramlal Das Mohunt

Court : Kolkata

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 … and came into force. On 4th May 1932, the plaintiffs put in a petition under the provisions of Section 3 of the Act for restoration of the suit. This petition was objected to on behalf of the defendant

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

Court : Madhya Pradesh

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 … October 1954 to 5th September 1955 (Annexure IV), by which the Deputy Commissioner of Sales Tax, Jabalpur (respondent 3), who had entertained the petitioner's appeals against the assessment of sales tax on their turnover for the two

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

Court : Kolkata

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 … R.C. Sen in his judgment dealt with this matter under Issue No. 3. He observed thus:I have found that plaintiff No. 1 did, for a … 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

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

Court : Kolkata

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 … 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 … up before the District Judge on 2lst March 1932 when the following Order was passed:Pleaders heard. The … another, or of another and the owner. The interest of the beneficiary of a trust is defined in Section 3, Trusts Act, not as an interest in the trust property but as a right against a trustee as … 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

Krishnarao Narayanrao Chawate Vs. Shankar Sahadev Mungekar

Court : Mumbai

Subject : Contract

Reported in : (1954)56BOMLR973

the agreement contained in these stipulations is void as being contrary to public policy. This in my opinion is quite a different matter. It is … enforce a right arising from a contract and also to enforce a right conferred by the Indian Partnership Act, 1932, (Section 54), fell within the purview of Section 69(7) of the Act, and as the dissolved firm in which … as a partner in the firm.It was then said that the exception contained in the first part of Sub-section 3(a) of that section which rendered the provisions of Sub-section (1) inapplicable to suits for enforcement of any right … section 27 of the Indian Contract Act, 1872, such agreement shall he valid if the restrictions imposed are reasonable.It was strongly urged that but for

The Shantiniketan Co-operative Housing Society, Ltd. Vs. Madhavlal Ami ...

Court : Mumbai

Subject : PropertyTrusts and Societies

Reported in : (1935)37BOMLR955

law which is not clearly retrospective, either by express language or necessary implication, should have no effect on suits pending or already decided. As regards the Calcutta case, Kanakkanti Ray v. Kripanath Gain, its ratio decidendi seems … is needed for a public purpose or for a Company.After issuing a valid notification the local Government has jurisdiction to direct the Collector to take … as binding inasmuch as it was passed in 1932 before the date of the amending Act. But … needed for a public purpose, or for a Company, a declaration shall be made to that effect...' and Sub-section (3)-The said declaration shall be conclusive evidence that the land is needed for a public purpose or for a … few and undisputed.2. The appellants are a co-operative society registered under Bombay Act VIII of 1925. The first appellant is the co-operative society and the

Pearl Insurance Co. Vs. Atma Ram

Court : Punjab and Haryana

Subject : Insurance

Acts : Indian Contract Act - Sections 28; Displaced Persons (Debts Adjustment) Act, 1951 - Sections 36; Indian Limitation Act, 1908 - Sections 3 and 28 - Schedule - Article 86; Displaced Persons (Institution of Suits and Legal Proceedings) (Amendment) Act, 1950

Reported in : AIR1960P& H236

the last point the Bench was inclined to the view that although clause 19 was not opposed to public policy it would be hit by the provisions contained in Section 28 of the Contract Act. As to … of the remedy will destroy the right but what does not cover suits for money such as we are now concerned with. On the other … v. H. E. Hinde and Co., Ltd., AIR 1932 Bom 330 where a similar covenant existed in … Hirabhai's case 14 Bom LR 741. In the Letters Patent Appeal, Scott. C. J. examined the argument that Section 3 of the Limitation Act indicated that the law of limitation could not be modified by agreement of parties … year from the death of assured, is a reasonable condition and a valid one. Section 28 of the Contract Act clearly makes such a condition

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

Court : Karnataka

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, … in by the parties held issues 1 to 3 and 5 in affirmative, issue 4 as does … 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