Court : Punjab and Haryana
Reported in : AIR1987P& H47
..... 113 of the schedule to the limitation act, 1963.10. ..... while concluding the discussion on this aspect, it necessarily bears mention that where any sum has been paid which sum by reason of the provisions of the act should not have been paid and is recoverable by the tenant from the landlord under s. ..... 13 of the haryana urban (control of rent and eviction) act, 1973 (hereinafter called 'the act'), before the rent controller, panipat, for his ejectment on as many as five grounds, one of them being that he had neither paid nor tendered the rent for a period of three years at the rate of rs ..... 11 of the code, introduced by amendment act, 1976, has finally resolved this controversy and provides--'an issue heard and finally decided by a court of limited jurisdiction, competent to decide such issue, shall operate as res judicata in a subsequent suit notwithstanding that such court of ..... 7 of the act where any sum has been paid which sum by reason of the provisions of the act should not have been paid, such sum at any time within a period of 6 months after the date of payment is recoverable by the tenant from the landlord, who received the payment or his legal representatives and ..... 7 of the act, the tenant must bring the suit seeking recovery of the over-paid amount within six months as held by the supreme court in maganlal chhotabhai desai v ..... (amendment) act, 1976 with a view to avoid multiplicity of ..... 4 of the act that any amount exceeding fair rent cannot be claimed by the landlord under s .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1996VIIAD(SC)86; AIR1997SC69; 1996(87)ELT19(SC); 1996(6)SCALE702; (1996)10SCC387; [1996]Supp5SCR755
..... and customs constituted under the central boards of revenue act, 1963 (54 of 1963) may, if it considers it necessary of expedient so to do for the purpose of uniformity in the classification of excisable goods or with respect to levy of duties of excise on such goods, issue such orders, instructions and directions to the central excise officers as it may deem fit, and such officers and all other persons employed in the execution of this act shall observe and follow such orders, instructions and directions ..... he states that section 37b of the central excise & salt act empowers the board to issue instructions in order to ensure uniform practice of assessment of excisable goods throughout the country. ..... the section notes and chapter notes in the tariff act were enacted provisions. ..... we may add that learned counsel for the revenue stated that there was no provision in the excise act other than section 37b by which the board could issue circulars such as the earlier and later circulars, but he submitted that the board had been issuing circulars even before section 37b was introduced into the excise act.11. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1996SC140; 1995(2)CTC342; JT1995(6)SC258; 1995(5)SCALE41; (1995)5SCC698; [1995]Supp2SCR658
..... possession was not redelivered, the licensee approached the high court under section 6 of the specific relief act, 1963 for possession. ..... at page 769, it is stated regarding the right of a tenant holding over thus : the act of holding over after the expiration of the term does not necessarily create a tenancy of any ..... the lessee accepts the transfer on such terms, under section 111 of the tp act, a lease of immovable property determines, inter alia, by efflux of the time ..... therefore, giving primacy, legitimacy or legality to the conduct or acts of the landlord to take possession of the property in derogation of the due course of law would be deleterious to rule of law and a pat on high-handedness or self- ..... section 105 of the transfer of property act [for short, 'the tp act'] defines 'lease' of immovable property as 'a transfer of a right to enjoy such property, made for a certain time, express of implied, or in perpetuity, in consideration of a price paid or promised, or of money, a share of crops, service or any other thing of value, to be rendered periodically ..... entire case law including the cases cited by sri lalit in the context of the power of the court under section 6 of the specific relief act to grant decree for possession for a licensee. ..... object of section 6 is to discourage people to act in self-help, however, good their title may ..... considered by this court in a leading decision on the right to grant licence under the cinematographic act and the madras cinemas rules in m.c. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2001SC809; JT2001(2)SC286; 2001(1)SCALE635; (2001)3SCC277; [2001]1SCR889; 2001(2)LC1040(SC)
..... for the purpose of filing objection application before the court, the relevant provision is article 119 of the limitation act, 1963, which inter alia provides that period of limitation is 30 days for filing the award in the court from the date of service of notice of the making of the award and 30 days for setting aside the award or ..... sunil madan & another : air1999sc3381 held that merely because written statement is not filed the court should not proceed to pass judgment blindly and observed thus:-'the court has not to act blindly upon the admission of a fact made by the defendant in his written statement nor should the court proceed to pass judgment blindly merely because a written statement has not been filed by the defendant traversing ..... the court observed that because of the applicability of section 5 of the limitation act, 1963, if the court has not pronounced judgment for whatever reason, although the time prescribed for making the application has expired and an application for setting aside the award is made with a prayer for ..... other provision which is required to be taken into consideration is section 5 of the limitation act, 1963, which inter alia provides for extension of prescribed period of limitation in making application in the civil proceedings, if the applicant satisfies the court that he had sufficient cause for not making application within such period. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2001SC931; JT2001(2)SC577; 2001(2)SCALE49; [2001]1SCR1035; (2001)1UPLBEC677
..... they filed the petition under article 32 contending that section 2 of the madras general sales tax (special provisions) act, 1963 was ultra vires the constitution. ..... it may be noted that it was so held in the context of the definition as given in item 7 of the second schedule of the said act, which provided both for raw hides and skins as well as dressed hides and skins. ..... they were assessed to sales tax under the provisions of the madras general sales tax act, 1939 and under rules 16(2)(ii) of the madras general sales tax (turnover and assessment) rules ..... court held that a wide interpretation had to be given to section 2(a) of the said act as the meaning was exhaustive and not restricted to the items included in the schedule. ..... this was a case under the central sales tax act and the question for consideration was whether the term 'wheat', within the meaning of section 14(i)(iii) of that act, included 'flour, maida and suji ' which were derived from ..... is thus to be seen that the court derived support for its conclusion by looking at the hindi version of the said act on the ground that it was well known that in the state of u.p. ..... for an understanding of this question it is necessary to see section 2 (a) of the said act which reads as follows: ''agricultural produce' means such items of produce of agriculture, horticulture, viticulture, apiculture, sericulture, pisciculture, animal husbandry or forest as are specified in the schedule, and includes admixture of two or more of such items, .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1988SC1133; JT1988(2)SC141; 1988(2)KLT109(SC); 1988(1)SCALE768; 1988Supp(1)SCC367; [1988]3SCR489; [1988]70STC48(SC); 1988(2)LC48(SC)
..... levy of purchase tax: (1) every dealer who, in the course of his business, purchases from a registered dealer or from any other person any goods, the sale or purchase of which is liable to tax under this act, in circumstances in which no tax is payable under section 5, and either:(a) consumes such goods in the manufacture of other foods for sale or otherwise; or(b) disposes of such goods in any manner other than by way of sale in the state ..... form in which the fruit is desired.learned counsel for the revenue contends that even if no manufacturing process is involved, the case still falls within section 5a(1)(a) of the kerala general sales tax act, because the statutory provision speaks not only of goods consumed in the manufacture of other goods for sale but also goods consumed otherwise. ..... was contended before us that if no manufacturing process was involved, the case would fall within the scope of section 5-a(1)(a) of the act because the statutory provisions spoke not only of goods consumed in the manufacture of other goods for sale but also goods 'consumed ..... is, whether the materials used by the assessee for the said purpose can be taxed under purchase tax under section 5a of the kerala general sales tax act, 1963 (hereinafter called 'the act'). ..... pineapple slices for the purpose of being sold in sealed cans, there is no consumption of the original pineapple fruit for the purpose of manufacture within the meaning of section 5a(1)(a) of the kerala general sales tax act, 1963. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1995SC1613; JT1995(5)SC561; (1995)2MLJ121(SC); 1995(2)SCALE730; (1995)4SCC156; [1995]3SCR217
..... court (not being the court of a district munsif of a court of small causes) on any matter falling within its jurisdiction shall be binding on the parties thereto and persons claiming under them in any proceeding under this act before a tribunal or the special appellate tribunal in so far as such matter is in issue between the parties or persons aforesaid in such proceeding.46(1): any order passed by any officer, the government or other authority or any decision of the ..... the madras minor inams (abolition and conversion into ryotwari) act, 1963 is an act to provide for the acquisition of rights of inamdars in minor inams in the state of madras and for the introduction of ryotwari settlement in such inams. ..... (2) in this section, 'building includes the site on which it stands and any adjacent premises occupied as an appurtenance thereto.section 43 and 46 of the said act are as follows :43(1): the decision of a tribunal or the special appellate tribunal in any proceeding under this act on any matter falling within its jurisdiction shall be binding on the parties thereto and persons claiming under them in any suit or proceeding in a civil court, in so far as such matter is in issue between the parties or ..... 15.2.1965 on the coming into force of the madras minor inams (abolition and conversion into ryotwari) act, 1963 (hereinafter referred to as 'the said act') on the abolition of minor inams, ryotwari pattas were granted to the persons so entitled under the provisions of the said act.4. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1999SC1734; 1999(3)SCALE123; (1999)4SCC458
..... the letter requested that 'notifications exempting the lands already handed over to the department of atomic energy or to be handed over in future from levy of tax under andhra pradesh act 14 of 1963, while vesting in the department of atomic energy or in public sector projects would also require to be issued. ..... the andhra pradesh non agricultural lands assessment act, 1963 ('the act' defined 'owner' to include 'any person for the time being receiving or entitled to receive whether on his own account or as agent, or trustees, guardian, manager, receiver for another person or for any religious, educational or charitable purpose, ..... that it was the lessee of the said land which belonged to the union of india and, since the property of the union of india could not, by virtue of article 285 of the constitution, be taxed by a state legislature, the act did not apply to the said land and, accordingly, no demand thereunder could be made 'upon the petitioner, which is a lessee of the union of india. ..... the appellant company was permitted to file an appeal to the appellate authority under the act against the impugned demands, wherein it would be open to the appellant company to establish the actual extent of land used for the aforesaid purposes. ..... ' the letter stated that it had been agreed by the state government that this land would be exempt from the levy of tax under the act 'irrespective of whether the plants are managed departmentally or through a public section undertaking'. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1987SC53; 1986(2)SCALE431; (1986)4SCC273; [1986]3SCR734; 1987(1)LC3(SC)
..... article 127 of the limitation act, 1963 has now been amended by act 104 of 1976 and the words 'sixty days' have now been substituted for the words 'thirty days'. ..... the limitation prescribed for an application under order xxi, rule 89 was thirty days from the date of sale under schedule i, article 166 of the limitation act, 1908, now replaced by article 127 of the limitation act, 1963. ..... sub-rule (2) of rule 92 has been amended by section 72 of the cpc (amendment) act, 1976 by adding the words 'the deposit required by that rule is made within thirty days from the date of sale', the following 'or in cases where the amount deposited under rule 89...within such time as may be ..... the learned single judge has brought about the inconsistency between sub-rule (2) of rule 92 of order xxi of the code and article 127 of the limitation act and suggested that steps should be taken to remove this inconsistency. ..... within the period as provided by article 127 of the limitation act, the sale was liable to be set aside. ..... : air1981mad254 held that the provisions of order xxi, rules 89 and 92(2) of the code and that of article 127 of the limitation act should receive a harmonious construction. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1992SC1918; 1992(2)ARBLR281(SC); JT1992(4)SC312; 1992(2)KLT435(SC); 1992(2)SCALE86; (1992)3SCC608; [1992]3SCR649; 1992(2)LC436(SC)
..... by virtue of the definitions of the words 'applicant' and 'application' contained in sections 2(a) and 2(b) of the limitation act 1963, the new act, it was held, governs all petitions and the applications under the special laws so long as they are filed in a civil court ..... poti, learned counsel for the appellant contended that no period of limitation is prescribed for making an application under section 20 of the arbitration act either by that act or the limitation act and that whenever differences or disputes arise between the parties, they can approach the court under the said provision. ..... delhi development authority : [1988]3scr351 it has been held by this court that article 137 of the limitation act, 1963 applied to an application under section 20 of the arbitration act. ..... according to the high court the date on which notice of demand under the revenue recovery act was served upon the appellant namely 30.5.1974 is the date on which difference must be held to have arisen between the parties, if not ..... an appeal which has been allowed by the division bench, as stated hereinabove, on the only ground that the very application under section 20 was barred by articles 137 (and also under article 113) of the limitation act, 1963. ..... is true that under the limitation act 1908, it was held that article 181 of that act does not govern an application under section 20 of the arbitration act but as has been pointed out in kerala state electricity board the new act makes a difference to the position. .....
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