Court : Karnataka
Reported in : AIR2001Kant384; ILR2001KAR3988; 2001(4)KarLJ431
..... dealing with the contention based on section 11, the learned single judge held as follows:'it is no doubt a fact that there was no provision like section 11 of the act in the old court fees act of 1870 (central) or the mysorecourt fees act of 1900, section 11(2) says that any defendant may, by his written statement filed before the first hearing of the suit or before evidence is recorded on the merits of the claim, plead that the ..... specific admission that plaintiffs had been excluded from possession, the supreme court held that the direction by trial court to the plaintiffs to pay court fee under section 37(1) of the tamil nadu court fees act was erroneous;.10.3 in view of the decisions of the supreme court, it has to he held that the views expressed by the full bench of allahabad high court in the case of onkar mal, supra, ..... that section 7(v) will apply only where the plaintiff is seeking relief of possession by stating that he is out of possession.9.2 in premanand v dhirendranath ganguly, a division bench of the calcutta high court held as follows:'the question as to what court fee are payable on a plaint has to be decided on the allegation in the plaint and the nature of relief claimed ..... law that the allegations in the plaint alone are to be considered and not the statements made by the defendant in the written statement and the act makes no change in this, but the courts are entitled to determine the substance of the claim as distinguished from the form in which the reliefs .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1962SC1305; [1962]Supp3SCR346
..... his life time the next lineal descendant would take it free from all encumbrances created by the previous owner, that the rights of the jagirdar over the compensation amount due on resumption under the act could only be the same as over the jagir, and that if that is paid to him, his reversionary rights would be jeopardised and that therefore adequate provision should be made for protecting them ..... then there is punjab descent of jagirs act, 1900 (punjab act iv of 1900), which introduced in the punjab laws act, 1872, ss. ..... ' it is not disputed that these words are wide enough to include the british government which made the grant, but it is contended that this definition was not in the act as originally enacted and was inserted by the punjab resumption of jagirs (amendment) act, 1959, and that the rights of the parties should be determined in accordance with the law as it stood prior to the amendment. ..... 8 to 8c of the punjab laws act, 1872, which were inserted by the punjab descent of jagirs act iv of 1900, and reproduces them in ss. 7 to 10. ..... 226 of the constitution challenging the validity of the act, and of the proceedings taken by the respondent state thereunder on the ground, firstly, that the act was altra vires the powers of the state legislature and that its provisions were unconstitutional and void; and, secondly, that even if the act was intra vires the jagirs held by the petitioners were not 'jagirs' as defined in the act, and were therefore not liable to be resumed under .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1989SC1834; 1989(1)SCALE844; 1989Supp(1)SCC487; [1989]2SCR401; 1989(2)LC412(SC)
..... at a time or if contravenes or commits any breach in respect of any provision of this deed or does not comply with his duties within 7 days inspite of service of warning notice or does not refrain from doing improper act, or if he is declared insolvent then inspite of the tenure of this lease having not expired, this lease, that is the tenancy of the second party lessee will be cancelled or extinguished and the first party lessor will be ..... extension' and 'renewal' is chiefly that in the case of renewal, a new lease is required, while in the case of extension the same lease continues in force during additional period by the performance of the stipulated act, in other words, the word 'extension' when used in its proper and usual sense in connection with a lease means a prolongation of the lease. ..... as the lease was for a period of 20 years and not for a period of 12 years sub-section (5) (b) of section 2 of the act had no application; and that the respondents were not barred by waiver, estoppel, res judicata or principles analogous thereto because of the misc. ..... (thika) before the controller under the calcutta thika tenancy act, 1949, hereinafter referred to as 'the act', and by both the respondents in misc ..... clause 11 stipulates that at the first instance the period of lease was made 10 years and in case the lessee acted in accordance with what was expected of him under clause 9, the period of the lease would be extended for a further period of 5 years upto 31st march, 1961 at ..... 1900) .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1971SC1228; (1970)3SCC602; [1971]2SCR550
..... defendants approached him and on the mere statement of the defendants that they intended to set up a factory in the land in question, he proceeded to recommend that 'exemption notification under section 8(2) of the act' be issued in favour of the defendants and that this was followed up by the higher authorities; that the report of the tahsildar which had material bearing on the decision to be taken in the ..... bona fide established, cannot be said to be unless the party alleging that case names the officer or officers guilty of conduct which justifies an inference that the official act was done for a collateral purpose, and since no such attempt was made and the high court did not find that any named officer or officers was or were ..... the view that section 8 must be read in the light of the scheme of the act and especially section 9 which excludes from the operation of the act sales made by or to government, or by or to any local authority, or to any company under the provisions of part vii of the land acquisition act, 1894, or in respect of any sale sanctioned by the deputy commissioner under section 3(2) of the punjab alienation of land act, 1900. ..... on november 16, 1961 the government of punjab issued in exercise of the power conferred by sub-section (2) of section 8 of the punjab pre-emption act, 1913 a notification declaring 'that no rights of pre-emption shall exist with respect to urban or village immovable property or agricultural land when purchased by any person for .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2005)139PLR639
..... no rent therefore and the rates and cesses for the time being chargeable thereon, or(b) who having owned and having ceased to be land owner therefore otherwise than by forfeiture to the government or than by any voluntary act, has since he cease to be and owner continuously occupied the land, or(c) who, in a village or estate in which he settled along with, or was settled by, the founder thereof as a cultivator therein, ..... expiration of the term of an assessment of land revenue and suit relating to the rent to be paid under a mortgage made in accordance with form (c) as prescribed by section 6 of the punjab alienation of land act, 1900.second group:(d) suits by a tenant to establish a claim to a right of occupancy or by a landlord to prove that a tenant has not such a right.'10. ..... jadid, banjar qadim and ghair mumkin land does not fall within the purview of land as defined under section 2(8) of the punjab security of land tenures act, 1953, and cannot be taken into account while computing surplus area, approving division bench decision of this court in nemi chand jain's case (supra).24. ..... is now to be examined is whether the civil court has the jurisdiction to declare a tenant as occupancy tenant after the commencement of the punjab occupancy tenants (vesting of proprietary rights) act, 1952, even though section 77(3) (d) of the tenancy act contemplates that a suit by a tenant to establish a claim to a right to occupancy falls within the exclusive jurisdiction of the revenue court.12. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1959All562
..... account of the transfer of his case from one income tax officer to another; (iii) that the right, if any, conferred upon the assessee under section 64(1) and (2) of the act was not an absolute right but was circumscribed by the exigencies of the tax collection; (iv) that the power which was thus vested was a discretionary power and it was not necessarily discriminatory ..... any part of the municipality, that the purpose of taxation is to provide funds for the municipal board so that it be in a position to discharge its various duties mentioned in sections 7 and 8 of the act, that the impugned tax on a portion of the municipality was imposed for this purpose, and that it would be a valid tax unless it be established by the respondent that there exists no good reason for ..... replaces the noth western province and oudh municipalities act, 1900 the purpose of which was to make better provision for the organization and administration of municipalities, obviously for the benefit of the residents within municipal areas.the act imposes on a municipal board the duty to make provision for numerous matters of general public interest (section 7) and also confers upon it ..... the purpose of the municipalities act as gathered from the preamble of the north-western provinces and oudh municipalities act, 1900 is to make better provision ..... municipalities act (2 of 1916) is to consolidate and amend the law relating to municipalities and that of the north western provinces and oudh municipalities act (1 of 1900) .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1965Kant170; AIR1965Mys170; (1964)2MysLJ470
..... by which could not be challenged on the ground of competency, and a legislature which enjoys only a limited or a qualified jurisdiction.if the constitution of a state distributes the legislative powers amongst different bodies, which have to act within their respective spheres marked out by specific legislative entries, or if there are limitations on the legislative authority in the shape of fundamental rights, questions do arise as to whether the legislature in a particular case has or ..... by which could not be challenged on the ground of incompetency, and a legislature which enjoys only a limited or a qualified jurisdiction.if the constitution of a state distributes the legislative power as amongst different bodies, which have to act within their respective spheres legislative entries, or if there are limitations on the legislative authority in the shape of fundamental rights, questions do arise as to whether the legislature in a particular case has or has not, in respect ..... necessary to refer to any of the decisions rendered by the australian high court interpreting section 92 of the australian constitution act, 1900, in view of the decision of the privy council in commonwealth of australia v. ..... his contention that even indirect restraints come within the prohibition of article 301, sri raghunathan, relied on the decisions of the australian high court, interpreting section 92 of the australian constitution act, 1900, which according to him is in pari materia with article 301. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1954(2)BLJR477; (1954)56BOMLR1220; [1955]1SCR490
..... judges in the punjab record case collected all the available authorities up to the year of their decision and they show that this kind of agreement was condemned in calcutta in 1874 and 1900 : in the matter of moung htoon oung (21 w.r. ..... g argued that even if this was once the law, section 3 of the legal practitioners (fees) act, 1926, (act xxi of 1926) changed it and that now every legal practitioner is competent to settle the terms of his engagement and his fees by private agreement with ..... remuneration proportioned to the results of litigation or a claim whether in the form of a share in the subject-matter, a percentage, or otherwise, is highly reprehensible, and i think it should be clearly understood that whether his practice be here or in the mofussil he will by so acting offend the rules of his profession and so render himself liable to the disciplinary jurisdiction of this court.' 18. mr. ..... ' in the army it is a military offence to do otherwise (see section 45 of the army act, 1950) though no notice would be taken of ungentlemanly conduct under the ordinary law of the land, and none in the case of ..... not concerned with the proceedings in the bombay high court and before the tribunal of the bar council in the summons matter with which we are dealing at the moment, as we are acting here under order iv, rule 30, of the rules of this court. ..... that is dealt with by the bar councils act which was passed in the same year ..... do not agree, because this act is not concerned with professional .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1982P& H480
..... , was to shorten the list of the pre-emptors and remove therefrom such persons whose inclusion therein, of course, had earlier been partly dictated by the land alienation act, 1900, which, when it was enacted, was intended to safeguard the interest of the agriculturists, who were rapidly being bought into mere surfs and partly to maintain the tribal homogeneity ..... a clog on the right of vendor to dispose of his property to anybody of his choice and of vendees to acquire it, but since the exercise of right of pre-emption and the relevant provisions of the act supplying such a right had been held to be in public interest by their lordships and were thus held to constitute a reasonable restriction on the constitutional right of the vendor and vendee and for ..... be said that one should lean to a strained construction in order to extend this piratical right even when the legislature has chosen to constrict it categorically in sub-section (2) of section 15 of the act one can some time appreciate the eagerness of judicial conscience to extend and liberally interpret socially beneficent legislation but surely piracy, outmoded custom, and feudalism, are not to be set at large by a process ..... agriculturists. new legislation on the subject was also necessitated by the passing of the land alienation act, 1900, enacted to put a stop to the gradual passing of the proprietary rights from agriculturists to non-agriculturists in satisfaction of debts or otherwise--a process much hastened by the famine of 1897 .....
Tag this Judgment!Court : Kolkata
Reported in : 2008(3)ARBLR173(Cal),(2008)1CALLT291(HC),2008(2)CHN696; 2008(2)CLJ279
..... the award of the arbitrator so appointed shall be final, conclusive and binding on all parties to the agreement subject to the provisions of the arbitration act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and in force shall apply to the arbitration proceedings.the clause 22 runs as under: 'notwithstanding anything hereinabove ..... the said clause 21 any dispute arising on or out of the said agreement shall be referred to the sole arbitration of the managing director of iol and if the said managing director is unable or unwilling to act as the sole arbitrator, the matter shall be referred to the sole arbitration of some other person appointed by the managing director, who is willing ..... reported in : [2000]2scr684 holds that the conditions, which are required to be satisfied under sections 8(1) and 8(2) of the arbitration and conciliation act, 1996 before the court can exercise its powers are:(1) there is an arbitration agreement;(2) a party to the agreement brings an action in the court against the other party;(3) subject-matter of ..... as insolvent is contained in the provisions of the presidency-towns insolvency act, 1900 and the provincial insolvency act, 1920 and is conferred on the courts exercising jurisdiction under the said acts. ..... also, submits that the plaintiff filed an application under section 9 of the arbitration and conciliation act, 1996 against iol and its officials in the court of the learned district judge, darjeeling, which .....
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