Court : Supreme Court of India
Reported in : AIR1990SC717; JT1989(4)SC516; 1989(2)SCALE1218; 1989Supp(2)SCC758; [1989]Supp2SCR219; 1990(1)LC299(SC)
..... the learned counsel for the appellant contended that the high court should have given a finding on title as article 65 of the limitation act, 1963 is applicable to this case since the suit was filed on 3rd march, 1964, and that on the finding of the trial court in favour of the plaintiff on the question of title in respect of 'parade ground', and in ..... opinion that the learned counsel for the appellant is well-founded in his contention that article 65 of the limitation act, 1963 is applicable in this case as the suit was filed on 3rd mar h, 1964 but the act had come into force on 1st january, 1964. ..... was filed on 3rd march, 1964 the suit was not barred under article 65 of the limitation act, 1963. ..... of the protracted negotiations that followed the enactment of government of india act, the fedration envisaged under the act could not come into existence in view of the states not opting for ..... but by the setting up of the new dominions under the indian independence act, 1947 the suzerainty of the british crown over indian states lapsed along with it all functions, obligations, powers, rights, authority or jurisdiction exercisable ..... the federal scheme embodied in the government of india act, 1935, was the first effort to provide for a constitutional relationship between the indian states and the government of india on ..... section 311 of the government of india act, 1935 defined as 'indian state' as meaning any territory not being part of 'british india, whether described as a state, an estate, a .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1995SC366; JT1994(5)SC283; 1994(2)KLT610(SC); 1994(3)SCALE664; 1994Supp(3)SCC241; [1994]Supp2SCR274; [1994]95STC306(SC)
..... 342/63 - in exercise of the powers conferred by section 10 of the kerala general sales tax act, 1963 (act 15 of 1963) the government of kerala, having considered it necessary in the public interest so to do hereby make an exemption in respect of the tax payable under the said act on the sale or purchase of the goods specified in schedule-i hereto appended and by persons specified in schedule-ii hereto appended in regard to their turn over on the sales of goods specified therein subject to the conditions specified ..... as per the procedure prescribed under the kerala general sales tax act, act 15 of 1963 (for short 'the act') the assessee was required to submit his return at the end of every month and it is not possible to prove that the income derived from the sale of the books had gone in that month ..... year alone and the assessee would be entitled to set apart the income for utilisation for charitable purpose before the assessment year is completed the notification issued under section 10 of the act reads thussro no. ..... utilised for any other purpose, other than charitable purpose, the institution should thereby disentitle itself for the exemption under the notification issued under section 10 of the act. ..... the notification clearly indicates the purpose for which the exemption had been granted by the government, exercising its power under section 10 of the act. ..... and proved to have been used for that purpose, the assessee would be entitled to the exemption under section 10 of the act. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1999SC876; 88(1999)CLT124(SC); JT1999(1)SC308; (1999)IIMLJ30(SC); 1999(1)SCALE317; (1999)2SCC310; [1999]1SCR345; 1999(1)LC580(SC)
..... section 30 of the limitation act, 1963 provides for a suit to set aside a transfer of property made by the guardian of a ward. ..... in this case it is unnecessary for us to consider whether the appellant attained majority in 1966 on completion of 21 years or in 1963 on completion of 18 years as it is not relevant for the purposes of this case. ..... section 6 of the limitation act provides that a person entitled to institute a suit is at the time from which the prescribed period is to be reckoned, a minor, he may institute the suit within the same period after the disability has ceased, as would otherwise ..... consequently the right to file a suit of the appellant got expired at the end of three years from the date of his attaining majority, whether it was 1963 or 1966. ..... the plaintiffs, therefore, perfected their title by virtue of section 27 of the limitation act.7. ..... from the date of his attaining majority which, according to him, was 1966 and consequently when the plaintiffs filed the suit in 1971 they could not have acquired title under section 27 of the limitation act.5. ..... consequently the high court held that the appellant could not have filed any suit for recovery of possession and the plaintiffs had perfected title to the property by virtue of section 27 of the limitation act. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1982SC781; (1982)1GLR456; 1983(1)SCALE1771; (1982)1SCC370; 1982(14)LC32(SC)
..... paid rent lawfully due from him in respect of such premises for a period of more than two months, or(ii) sub-let, without the permission of the municipality, the whole or any part of such premises, or(iii) otherwise acted in contravention of any of the terms, express or implied, under which he is authorised to occupy such premises, or(b) that any person is in unauthorised occupation of any municipal premises,the chief officer may, notwithstanding anything contained in any law for ..... ( : [1975]3scr935 and it reversed the judgment holding section 437a of the bombay provincial municipal corporations (gujarat amendment) act, 1963, which was in pari materia with section 233 of the gujarat municipalities act, as intra vires. ..... : [1967]3scr399 this court while considering section 5 of the punjab public premises and land (eviction and rent recovery) act, 1959, which was almost similar to section 233 of the gujarat municipalities act, had taken the same view as the gujarat high court and struck down the statute. ..... by the said judgment the high court allowed three petitions under article 226 of the constitution, two of them challenging section 233 of the gujarat municipalities act, 1963, and the third one challenging section 193-a of the gujarat village panchayats act, 1961.2. ..... in ramanlal govindram's case (supra) relied upon by the high court the vires of section 437a of the bombay provincial municipal corporations (gujarat amendment) act, 1963 was challenged. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1998IIAD(SC)66; AIR1998SC1138; 86(1998)CLT308(SC); JT1998(1)SC579; 1998(1)SCALE522; (1998)3SCC113
..... it is governed by the major port trusts act, 1963 [hereinafter referred to as 'the act']. ..... in the exercise of powers conferred by section 42 of the act the board of trustees of pradeep port which is duly constituted under section 3 of the act framed a scheme in connection with the handling of cargoes at the said port. ..... as per section 42 of the said act a duty is cast on the major port governed by the act to undertake and perform services mentioned therein. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1998IAD(SC)660; AIR1998SC1230; 1998(3)ALLMR(SC)145; 1998(1)CTC725; JT1998(1)SC665; (1998)IIIMLJ19(SC); (1998)118PLR801; RLW1998(2)SC202; 1998(1)SCALE551; (1998)2SCC720; [19
..... appeal it was contended amongst others that the suit was barred by section 16(c) of the specific relief act, 1963 as the plaintiff did not aver in the plaint that he was ready and willing to perform his ..... view, the appeal could be disposed of on the first point canvassed by learned counsel for the appellant, namely, that amendment inserting the relevant averments under section 16(c) of the specific relief act does not change the cause of action and would be a legally permissible exercise as laid down by this court in : (1990)1scc166 . ..... for specific performance of contract, the cause of action centered round inaction on the part of the vendor in complying with the agreement to sell the property, that if averment under section 16(c) of the specific relief act was not originally inserted due to oversight or otherwise by the plaintiff, he can always be permitted to amend the plaint. ..... observed that the plea about section 16(c) of the specific relief act, provides that the plaintiff must plead and prove that he was always ready and willing to perform ms part of the ..... of the specific relief act, it would be a still born suit and, therefore, the amendment of the suit by introducing averments under section 16(c) of the specific relief act cannot be granted in such ..... 16(c) of the specific relief act to be made in a plaint in a suit for specific performance which was not made, probably on account of some oversight or mistake of the lawyer who drafted the plaint and that error was sought to be .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1988SC1912; (1987)1GLR239; 1988(1)SCALE566; (1986)3SCC301; [1986]2SCR447; 1986(2)LC346(SC)
..... council held that the contract was for a transfer of the sir lands without reservation of the right of occupancy, and that the sanction of the revenue officer to the transfer was necessary under section 50(1) of the act, which was in these terms :section 50(1) : if a proprietor desires to transfer the proprietary rights in any portion of his sir land without reservation of the right of occupancy specified in section 49, he may apply to a revenue-officer ..... under article 113 of the limitation act, 1963, the limitation prescribed for a suit for specific performance is a period of three years which runs from the date when the ..... the said observations, the privy council held that in those circumstances the court had jurisdiction to enforce the contract under the specific relief act, 1877 and order 21, rule 35 of the cpc, 1908 by a decree ordering the vendor to apply for sanction and to ..... no contract which could be made the basis for a decree for specific performance, and the second is that the suit as framed was barred by limitation under article 113 of the limitation act, 1963. ..... the respondents were entitled to rely on the doctrine of 'feeding the estoppel' embodied in section 13 of the specific relief act, 1963. ..... however, by virtue of the provisions of the saurashtra land reforms act, his title as an occupant became complete and he had obtained the permission to convert the land into village site and the respondents were therefore entitled to get specific performance of the agreement in .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2010(2)SCALE148
..... sections 46 and 47 deal with unpaid seller's rights and lien and, inter alia, provide that unpaid seller shall, subject to the provisions of the act and of any law for the time being in force, have a lien on the goods for the price while he is in possession of them and that the seller can retain the possession of the goods until ..... 19 of the marine insurance act, 1963 grants statutory recognition to the above ..... halsbury's laws of england, fourth edition has, while dealing with the expression 'insurable interest' under the marine insurance act, 1906 prevalent in that country, explained the purport of the expression 'interest' in a marine adventure in the following words:a person may be said to be interested in an event when, if the event happens, he will gain an advantage, and, if it is frustrated ..... section 3 of the marine insurance act, 1963 defines marine insurance to mean an agreement whereby insurer undertakes to indemnify the assured, in the manner and to the extent thereby agreed, against marine losses, that is to say, losses incidental to a ..... was contended that a contract of insurance was based on utmost good faith not only by reason of the general principles governing such contracts but also by reason of section 19 of the marine insurance act, 1963. ..... shipper and the purchaser did not in the instant case reserve in favour of the shipper any right or interest in the goods so as to constitute an insurable interest within the meaning of section 7 of the marine insurance act, 1963.8. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2009SC2157; 2009(2)AWC1546(SC); 2009(3)SCALE159:2009AIRSCW2789:2009(4)LHSC2483:2009(4)KCCR2671
..... the respondent, on the other hand, urged:1) keeping in view the peculiar facts and circumstances of this case, it is not a fit case where this court should exercise its jurisdiction under section 20 of the specific relief act and in particular the fact that the respondent had been living in the premises since 1981.2) reasons for payment of a lower amount of consideration in respect of the suit premises must be considered as shri khanna had already ..... would urge:1) it was not necessary for the plaintiff to examine herself as her husband who was her general power of attorney holder was examined and particularly having regard to section 120 of the indian evidence act.2) for the purpose of establishing the plea of readiness and willingness on the part of the vendee, it was not necessary to prove that she had enough liquid cash in her hand inasmuch as for the ..... plaintiff indisputably in view of section 16(c) of the specific relief act, 1963 was required to make requisite averments that she had all along been and still is ready and willing to perform her part of the contract and also establish the ..... section 16(c) of the specific relief act, 1963 postulates continuous readiness and willingness on the part of the ..... both the vendor and the vendee; and(2) whether the plaintiff has all along been and still is ready and willing to perform his part of the contract as envisaged under section 16(c) of the specific relief act, 1963 (hereinafter referred to for the sake brevity as `the act').8. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1985SC1729; 1985(2)SCALE669; (1985)4SCC92; [1985]Supp2SCR757; 1986(1)LC278(SC)
..... which the appellant has challenged the levy of octroi duty imposed by the respondent municipality under its octroi rules and bye-laws framed under the bombay district municipal act, 1901 (as adopted by the government of saurashtra) and continued under the gujarat municipalities act 1963 (as adapted and applied to the state of saurashtra) has a chequered history.2. ..... in the first place admittedly the municipal octroi rules and bye-laws were validly made by the respondent municipality on 17.12.1963 by following the procedure prescribed by the bombay act, whereafter these were forwarded to the divisional commissioner made some suggestions which were accepted by the respondent municipality; and ultimately by his order dated 22.4.1964 the divisional commissioner sanctioned these ..... the respondent-municipality proceeded to frame its own octroi rules and bye-laws under the bombay act and after complying with all the procedural steps, such as publishing the draft rules and bye-laws, inviting and considering objections thereto, etc the respondent-municipality passed a resolution on 17.12.1963 approving the said draft rules and bye-laws whereafter these were forwarded through the collector to ..... being a district municipality was governed by the provisions of the bombay district municipal act, 1901, as adapted and applied to the state of saurashtra, (for short the bombay act) but with effect from 1.1.1965 it is governed by the gujarat municipalities act, 1963 (for short the gujarat act).3. .....
Tag this Judgment!