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Hanshree Apartment Owners' Association Vs. Hanshree Apartment Owners' ...

Court : Kolkata

Reported in : 95CWN1004,(1992)IILLJ423Cal

..... an association of apartment owners under the specific name and style of 'hanshree apartment owners' association' having its registered office at 6, hastings park road, alipore, formed in accordance with the provision of the west bengal apartment ownership act, 1972, hereinafter referred to as the 1972 act. ..... company owned the apartments in question and got the said apartments declared under section 2 of the 1972 act read with sub-section (1) of section 10 of the said act. ..... also been held that although a lone priest in a forlorn temple may not be a workman within the meaning of section 2(s) of the 1947 act, yet a multitude of priests, sevaks and pujaries in a temple may convert their status and nature of activity (reference may be made to the case of workmen of baikuntha nath debasthan mandir trust v ..... is an association within the meaning of section 3(b) of the 1972 act. ..... proceedings before the appropriate authority which, as usual, failed and a failure report was submitted to the appropriate government under section 12(4) of the industrial disputes act, 1947, hereinafter referred to as the 1947 act. ..... fall in the domain of 'domestic servant' and such 'domestic servant and the like' should be excluded from the definition of industry and workmen within the meaning of section 2(j) and 2(s) of the 1947 act respectively.9. mr. ..... situation the services rendered by the countless menials would undoubtedly come within the scope of the definition of industry under section 2(j) of the 1947 act. .....

Estate Manager, Estate Directorate Ex-officio, Deputy Secretary, Housi ...

Court : Kolkata

Reported in : (1997)2CALLT151(HC)

..... explanation appended thereto defines the word 'apartment' for the purpose of section 3 and 3a thereof which shall have the same meaning as in the west bengal apartment ownership act, 1972. ..... as indicated hereinbefore, the word 'apartment' will have the same meaning as assigned in the west bengal apartment ownership act, 1972 and thus the acquisition of an apartment will have to be considered in the light of the provisions of the said act, furthermore, the word, 'otherwise' has also a significant ..... bengal apartment ownership act, 1972 had been enacted to provide for an ownership of an individual apartment and make such apartment inheritable and ..... apartment has been defined in section 3a of the west bengal apartment ownership act ..... section 4 sub-section (1) of the said act provides that each apartment owner shall be entitled to the exclusive ownership and possession of his apartment ..... in the instant case clause l(a) of sub-section (2) of section 3 of the said act clearly shows that it is not building of the house alone which would come within the mischief of the said provision, but acquisition of a house or apartment either by purchase, inheritance, lease, exchange or otherwise would also bring within its purview of ..... royalty' is meant to be employed to secure for the state something out of what the state conveys, their employment of that word for private ensuring was not intended to confer on the assignor the status of the sovereign or the state and on that basis have the document voided. .....

Forum For Peoples Collective Efforts (fpce) Vs. The State Of West Beng ...

Court : Supreme Court of India

..... (regulation of 12.12.1963 the promotion of construction, sale, 95 part g management and transfer) act, 1963 karnataka ownership flat (regulation of the 29.06.1973 promotion of construction, sale, management and transfer) act, 1972 gujarat ownership flats act, 1973 28.06.1973 andhra pradesh apartments (promotion of 15.05.1987 construction and ownership) act, 1987 west bengal (regulation of promotion of 09.03.1994 construction and transfer by promoters) act, 1993 punjab apartment and property regulation 02.08.1995 act, 1995 the above state laws covered certain areas beyond what is covered by rera. ..... of the registration granted by the authority; (b) quarterly up-to-date the list of number and types of apartments or plots, as the case may be, 36 part e section and title provision section and title of wb-hira of rera booked; (c) quarterly up-to-date the list of number of garages booked; (d) quarterly up-to-date the list of approvals taken and the approvals which are pending subsequent to commencement certificate; (e) quarterly up-to-date status of the project; and (f) such other information and documents as may be specified by the .....

Merchants' Loan and Trust Co. Vs. Smietanka

Court : US Supreme Court

..... , submitted with it, and in other cases since argued that the word "income," as used in the sixteenth amendment and in the income tax act we are considering, does not include the gain from capital realized by a single isolated sale of property, but that only the profits realized from sales by one engaged in buying and selling as a business -- a ..... 509, 553, declared unconstitutional on an unrelated ground; that it was not recognized in determining income under the excise tax act of 1909, as the cases cited supra show; that it is not to be found, in terms, in any of the income tax provisions of the internal revenue acts of 1913, 1916, 1917, or 1919; that the definition of the word "income" as used in the sixteenth amendment, which has been developed by this court, does not recognize ..... realized from the sale of stock by two investors, as distinguished from dealers, and from a single transaction, as distinguished from a course of business, the value of the stock on the effective date of the tax act was deducted, and the resulting gain was treated by this court as "income" by which the tax was measured. ..... 519 case at bar if the word "income" has the same meaning in the income tax act of 1913 that it had in the corporation excise tax act of 1909, and that it has the same scope of meaning was in effect decided in southern ..... dealings in property, whether real or personal, growing out of the ownership or use of or interest in real or personal property . . ..... section 2(a) of the act of september 8, .....

Harcourt Vs. Gaillard

Court : US Supreme Court

..... , does seem to proceed upon the implication that they are valid, recognizing the principle that a change of sovereignty produces no change in individual property, yet it imputes to them only a modified validity, since by the 5th section it imposes a positive necessity upon the proprietors to record such grants, and makes expressly void all the rights claimed under the three first section of that act or the georgia treaty if the duty so imposed be not complied with. ..... on this subject, it must be observed that neither of the acts of 1803 or 1804 contains an express recognition of the validity of any british grants beside those which were accompanied with possession, and for that reason coming within the georgia treaty and those which should be confirmed by the commissioners under the first section of the act of 1804, with regard to which there seems to be a very general power given to that board. ..... and georgia deny all power in the grantor over the soil; the question which they present is one of disputed boundaries within which the power that succeeds in war is not obliged to recognize as valid any acts of ownership exercised by his adversary. .....

Beatty Vs. Kurtz

Court : US Supreme Court

..... , been marked "for the lutheran church," and by the german lutherans of the place, had been used as a place of burial from the dedication, and who had erected a schoolhouse on it, but no church exercising acts of protection and ownership over it at some periods by committees appointed by the german lutherans, the original owner acquiescing in the same. ..... it was in evidence that soon after this lot was thus set apart for the lutherans, it was, with colonel beatty's permission, taken possession of by certain persons of that sect in georgetown, who had a log house erected on it, which was called a church and used as such ..... that beatty, in laying out the said addition, distinguished and set apart a certain lot or portion of ground in the said addition for the sole use and benefit of the german lutheran church, declaring the same to be their absolute right and property, to be held ..... "the said beatty, by the said designation, declaration, and setting apart, holding out to the public, and to the german lutherans particularly, inducements as well to purchase tickets in a lottery, by which the said lots were disposed of, as to purchase and improve that part of ..... their possession has never been questioned, and the lot has been exempted from taxation as property set apart for a religious purpose. ..... by stating, the german lutheran church mentioned in their bill was composed of the members of the german lutheran church in georgetown, duly organized as such; "that the lot was set apart by c. .....

United States Vs. the Brig Burdett

Court : US Supreme Court

..... the, agent acting within his authority, is substituted for the principal in every respect, and his statements, which form apart of the res gestae, ..... after a full and mature examination of all the facts in this case, whilst we admit the acts of the claimant are not clear of suspicion, we are forced to the conclusion that the evidence does not authorize a forfeiture ..... subject of the king of spain, and resident abroad, which ownership was known to the persons owning or pretending to own the whole or a part of the brig in violation of the act of congress &c. ..... that the chief if not the sole ownership of the brig was in carrera. ..... burdett, and never heard either of them assert any ownership or interest in the vessel. ..... filed in the district court of the united states on 1 october, 1832, against the brig burdett, alleging her to have been forfeited to the united states for a violation of the registry acts, she being owned in whole or in part by a foreigner, a subject of the king of spain. ..... his own interest, as his oath, if received, would go directly to establish or to refute the important point of ownership of the vessel. ..... to be treated as a mere agent, he might have been examined as a witness and compelled to produce or swear to any letters in his possession which have a bearing on the ownership of the vessel. ..... these things as the agent of the claimant is the only ground on which his right can be sustained, for if carrera acted in any other capacity, it must be fatal to the claim of steever. .....

Harris Vs. Elliott

Court : US Supreme Court

..... jury, after particularly describing by metes and bounds, each lot, concludes in each case as follows: "which same tract of land, on our oaths, we appraise and value at _____," and the act of the legislature of massachusetts declares that such parts of the land so valued and paid for by the united states shall be forever vested in the united states, and shall and may be taken possession ..... harris not agreeing as to the value of the land so taken by the united states, the same was ascertained by a jury duly summoned according to the provisions of the act, and by the proceedings of the jury for that purpose and the return made thereupon, five lots of land were appraised, which belonged to page 35 u. s. ..... be it further enacted by the authority aforesaid that the value of all lands and buildings and other materials taken from any person by virtue of this act shall be determined by three persons mutually chosen for that purpose, one of which shall be appointed by the selectmen, or a committee chosen for that purpose, which person so appointed by the selectmen or ..... the united states, the real possessors and asserting an ownership of the property, took defense in the suit, being desirous of having the ..... freehold of the streets is not barred by the first section of the act of the legislature of massachusetts of 30 october, 1781. ..... the streets, so far as they were within the limits of the navy yard, were closed up and have ever since been discontinued, and have been used as apart of the navy yard. .....

Stevens Vs. Gladding

Court : US Supreme Court

..... the substance of this enactment is incorporated into the 17th section of the patent act of july 4, 1836, so far as it related to inventors and so far as it related to the subject of patent rights is no longer in force proprio vigore, yet so far as it gave cognizance to the courts of the united states of cases of copyright, it still remains in force, and is the only law conferring equitable jurisdiction on those courts in such cases, for the 9th section of the act of february 3, 1831, protects manuscripts only. ..... 453 thereof as the purchaser can make by reason of the ownership of the thing he has bought; but not the right to a use thereof, by reason of the ownership of something else which he has not bought and which belongs to a third ..... , our conclusion is that the mere ownership of a copperplate of a map by the owner of the copyright does not attach to the plate the exclusive right of printing and publishing the map held under the act of congress, or any part thereof, but the incorporeal right subsists wholly separate from and independent of the plate, and does not pass with it by a sale thereof on ..... of stereotype plates is an established business, and the ownership of the plates of a book under copyright may be, and doubtless in practice is, separated from the ownership of the copyright. ..... the ownership of a plate and the ownership of the copyright are distinct species of property, and the plate may be used without infringing upon the copyright of printing and publishing the .....

United States Vs. Castro

Court : US Supreme Court

..... from the edge of the snowy mountains, following downstream -- having previously made the necessary investigations, i have, by a decree of this day, granted to the said senor the eleven sitios he prays for, declaring to him the ownership thereof by these present letters, in conformity with the law of august 18, 1824, and the regulations of 21 november, 1828, in conformity with the powers with which i find myself invested by the supreme government, in the name of the ..... and even if the witness who proves the handwriting of pio pico and of moreno is entitled to belief, yet the conclusion would seem to be irresistible that the paper was fraudulently antedated but apart from these circumstances, the grant is invalid, and not supported by legal proof, even if all the testimony adduced by the claimants was credible and the witnesses above suspicion. ..... , have been lost or destroyed; and 3dly, he must support this proof by showing that within a reasonable time after the grant was made, there was a judicial survey of the land and actual possession by him by acts of ownership exercised over it. ..... the survey and possession are open and public acts, and would support the parol evidence of its former existence and destruction or loss. .....