Judgment Search Results Home > Cases Phrase: cantonments house accommodation act 1923 section 12 surrender of house when to be enforced Court: guwahati Page 1 of about 2 results (0.073 seconds)

Md. Zakir HussaIn Vs. State of Assam and ors.

Court : Guwahati

..... principle that the 'special' excludes the 'general' and the general entry in list ii is subject to the special entry in list i, for instance, though house accommodation land rent control might fall within either the state list or the concurrent list, entry 3 in list i of seventh schedule carves out the subject of rent control and house accommodation in cantonments from the general subject of house accommodation and rent control (see indu bhusan v ..... petroleum corporation, reported in : (2001)8scc143 , the apex court held thus : 'section 16 of the land acquisition act provides that when the collector has made an award under section 11, he may take possession of the land which shall thereupon vest absolutely in the government ..... moreover, since the writ petitioner has approached this court with the grievance that tax/toils/fees are being illegally enforced and rampant extortions are being indulged in, this court cannot stop short of examining the truth or merit in these allegations by taking recourse to the technical plea of delay and latches, for, non- ..... this regard, it is of great importance to note that the petitioner has refuted this allegation by submitting that these departments have a primary legislation to enforce such collections, whereas the impugned by-laws of the gmc cannot give a valid authority to the gmc to collect toll in the manner as has ..... compulsory extraction of money by a public authority for a public purpose enforceable by law and is not a payment for any specific service .....

Medi Ram Dodum Vs. State of Arunachal Pradesh and ors.

Court : Guwahati

..... was entitled to occupy a free furnished government quarter befitting the status of a cabinet minister, but the same was not provided to the petitioner on account of a lack of availability of proper residential government accommodation and as a result thereof, the petitioner had to continue to stay in the type-ii quarter, sector-d, at itanagar, which actually stood allotted to the petitioner's wife in her official capacity and as the ..... arunachal pradesh, on 1.8.1995, bringing to his notice that these state of affairs and requesting him either to provide the petitioner with proper residential government accommodation or to allot a suitable plot of land to the petitioner for construction of a suitable house. ..... a former constitutional functionary has approached this court by way of application made under article 226 of the constitution of india seeking appropriate relief(s) against the alleged act(s) of omission committed by the government, when the petitioner himself was a cabinet minister in the state cabinet. 2. ..... the petitioner to make, on his own and without obtaining sanction from the appropriate/comp'etent authority, any change(s) or alteration(s) into the said government quarter, particularly, when the same stood allotted not the petitioner, but to his wife. ..... 10,08,000 on renovating the said government quarter during the period, when the petitioner was in occupation and use of the same, yet the fact remains that the occupation and use of the quarter by the petitioner was not in .....

Kashi Dev and ors. Vs. Md. Sfiqur Rahman Laskar

Court : Guwahati

..... sc 2881 wherein it has been held : 'in a suit by landlord who is already in occupation of a portion of the building and needs additional accommodation which the tenant is occupying in the building for his personal occupation, once it is held that the landlord requires additional accommodation for his personal use he is entitled to utilize it to best suit his requirement. ..... the defendants contested the suit filed by the plaintiff by filing written statement denying that he is a defaulter and that the suit house was not required for the bona fide requirements of the plaintiff and that on refusal to accept the rent, the defendants deposited the rent to ..... dhar, learned counsel for the petitioners contends that since the suit house is situated in a commercial area, the question of bona fide requirement does not ..... counsel for the petitioner, however, has pointed out to the statements of pw.1 that he made contradictory statements, (i) that he required the suit house for his son to start business, (ii) that he required the suit house for himself to start business as he is retiring soon and (iii) that he requires the suit house for renovation so that he can get enhanced rent. ..... party submits that since in the instant case a part of the house has been in occupation of the plaintiff landlords, the defendants tenant has no right to question and in this ..... did not call the said non-judicial cases and has not complied with the provision of section 5(4) of the assam urban areas rent control act, 1972. .....

Pranab Kumar Das Vs. Union of India (Uoi) and ors.

Court : Central Administrative Tribunal CAT Guwahati

Reported in : (2006)(3)SLJ124CAT

..... indication that this will come under the purview of "service matters".moreover, the government of india order with respect to constitution for single bench to dispose of specified cases issued in exercise of powers conferred under sub-section 6 of section 5 of the administrative tribunals act specifies that allotment of and eviction from government accommodation matters shall be posted before the single bench. ..... wife of the applicant is also an employee of the medical department of the respondents and by her status she is not entitled to type-ill quarter.there is no rule to recovery the rent from another employee (the wife) when the quarter stands allotted to the husband employee (applicant).it was the legal duty of the applicant to vacate and hand over the possession of the said quarter to the respondents as soon as he was allotted tupe-iv quarter no ..... application of his wife before the learned district judge seeking recession of the order was dismissed and she continued to occupy the said quarter and the applicant was paying house rent in respect of the said quarter without enjoying the possession thereof and finally fed up with indifferent attitude of his wife he has written to the respondent ..... in occupation of separate residences at the same station, one allotted under railway rules and another from a different pool on account of the allottee being an employees of another government department, any one of them shall surrender his/her residence within one month of the marriage. .....

Aminul Islam Vs. Bijoya Prava Barua and ors.

Court : Guwahati

..... by them are basically to declare them to be the lawful tenants under the petitioner, and are thus legally entitled to possess the suit property for their residential accommodation and run their respective businesses thereon without interference from the petitioner, or, any person or persons, acting under its direction, a decree for permanent injunction to restrain the petitioner and any office bearer of the petitioner and all other person or persons under ..... -no suit or other legal proceeding shall lie in any civil court in respect of any dispute question or other matter relating to any wakf, wakf property or other matter which is required by or under this act to be determined by a tribunal.section 85 thus stipulates that no suit or other legal proceedings shall lie in any civil court in a respect of any dispute, question or other matter relating to any wakf ..... according to the respondents, the suit property occupied by them includes residential-cum-business accommodation, which they have been occupying with their family members for generations, and their accommodation was gutted by fire in the year 1974. ..... . therefore, when this court is called upon to decide as to whether the civil suit instituted by the respondents is barred by section 85 of the act, an endeavour shall be made by this court to ascertain the intention of the legislature by directing its attention not merely to the clauses to be construed but to the entire statute; it must compare the clause in question with the .....

Anowar HussaIn and anr. Vs. Ajoy Kumar Mukherjee and ors.

Court : Guwahati

..... for arrest which practically satisfied the terms of a warrant and therefore there was nothing illegal in his action, once we can see that he took cognizance of an offence under section 190(1)(c) of the criminal procedure code and the only contention against the sub-divisional officer exercising cognizance is that there was no written complaint before him at the time he issued ..... the judicial committee pointed out that there is no law, which authorizes the police or a magistrate in the exercise of police duties, or an officer in command of a cantonment, in consequence of a bona fide belief that a person is danger-ous by reason of actual lunacy, to put him into confinement in order that he may be ..... action of some other kind namely the order directing investigation or issuing a search warrant, it may be open to argue that these acts need not have been done after the cognizance had been taken, but when the order of arrest is only permissible after taking cognizance, the order of arrest itself will indicate that the cognizance had been taken. ..... riot which flared up in the barpeta sub-division in the early part of march, 1950 in the course of which houses of those immigrant muslims were set fire to and a large body of them had to leave their hearth and home ..... -trial prisoners, yet this classification was meaningless, because there was no such facility in the lock-up, and the lock-up which actually could provide accommodation for about 30 persons, contained as many as 133 persons on 18-3-1950. .....

Assistant Commissioner of Income Tax Vs. Mohanlal Rupesh Kumar

Court : Guwahati

..... impugned order of the commissioner (appeals) on this issue is, thus, being set aside and the issue is being restored back to the file of the assessing officer for computing the income from house property and income from other sources separately after making an apportionment of the gross rental into two components on a fair basis. ..... on the other hand, the learned counsel for the assessee contends that the claims of the assessee are made under section 23 of the income tax act, 1961, in the matter of determination of the annual letting value of the property. ..... was, thus, contended that the rent received by the assessee was of the nature of composite rent for the accommodation as well as in respect of furniture and fixtures. ..... in the departmental appeal it is strongly contended by the learned departmental representative that there being no provisions in the income tax act for allowing electrical expenses as well as depreciation, the action of the commissioner (appeals) in allowing the same in incorrect ..... is further contended before us that what the assessee let out is a fully furnished house and the rent received by the assessee represents the composite rent. ..... annual letting value of the building is required to be computed on the basis of the apportionment in respect of the building and necessary deductions as allowable under section 24 of the act are to be allowed therefrom. ..... [1973]89itr236(sc) .it has been held in all the above-mentioned judgments that when building with furniture, etc. .....

M/s. Vijay Industries A Partnership Firm Represented by Partner Ajay B ...

Court : Guwahati

..... are clear manifestations of wrong appreciation of facts stated in the plaint but also of provisions of section 134 (2) of the act of 1999, section 62(2) of the act of 1957 and section 20 of cpc since the court below could not appreciate the fact that section 134 (2) of the act of 1999 as well as section 62(2) of the act of 1957 enlarged the scope of section 20(c) of cpc providing additional forum to the plaintiff to file suits under the acts aforesaid. 27. ..... on which plaintiff sues or relies (1) whether a plaintiff sues upon a document or relies upon document in his possession or power in support of his claim, he shall enter such document in a list, and shall produce it in court when the plaint is presented by him and shall, at the same time deliver the document and a copy thereof, to be filed with the plaint. ..... the plaintiff can satisfy the conditions laid down in section 134(2), he may file a suit at such forum where he carries on business, but if the test as regards "carries on business" as laid down in dhodha house (supra) is not satisfied, the plaintiff has to then take resort to the provisions of the cpc with regard to jurisdiction contained in section 15 to 20." 39. ..... the sum and substance of the criteria laid down in dhodha house (supra) is that an essential part of the plaintiffs business, coupled with an element of control exercised by the plaintiff, must exist in such place where the plaintiff claims to be carrying on business either on its own or through an exclusive .....

Ganesh Bahadur Vs. the State

Court : Guwahati

..... (f), has been committed within throe months from the date, on which this act comes into force in any province, district or place to which section 32, clause 2, of act xxxi of 1860 applies at such date, or where such an offence has been committed in any part of british india not being such a district, province or place, no proceedings shall be instituted against any person in respect of such offence ..... the learned counsel for the petitioner contends that under section 29, arms act, the sanction must precede the institution of the proceeding. ..... ganesh bahadur was convicted under section 19(f) of the arms act by an order of the magistrate, 1st glass, mangoldoi. ..... on 15.7.1949, it was discovered that sanction for the prosecution as required by section 29, arms act had not been obtained. ..... 160 in which it was held:that requisite sanction under section 29, arms act, is a condition precedent for the institution of a proceeding in respect of an offence under section 19(f). ..... 160, the accused who was charged with an offence under section 19(f) was produced before the magistrate on 25.6.1941. ..... the language of the section does not support the contention raised by the learned counsel. .....

N.K. Trading Company Vs. Union of India (Uoi)

Court : Guwahati

..... submitted his final bill along with the 'no demand certificate' under protest, but he had to withdraw the note 'under protest' from the 'no claim certificate' on the request of the respondents herein, and when this still did not satisfy the respondents, who again insisted that the remark 'under protest' be altogether deleted by the petitioner from the final bill itself, he was compelled to file an application under ..... the apex court at paras 18 and 27 held that, normally, an accord and satisfaction by itself would not affect the arbitration clause for even when rights and obligations of the parties are worked out, the contract does not come to an end, inter alia, for the purposes of determination of disputes arising thereunder, and, thus, the arbitration ..... when the respondent failed to respond to this request even after the lapse of eight months of the receipt of the letter, the petitioner approached the learned assistant to deputy commissioner under sections 8 and 10 of the arbitration act, 1940 ('the act' for short) for ..... partnership firm carrying on the occupation of engineering and contract works in different parts of the region, entered into a contract agreement with the respondent for provision of otm accommodation for fsd at panitala in shillong vide ca no. ..... , there is an arbitration clause stipulating that all disputes arising out of the execution of the contract are to be referred to the sole arbitrator to be appointed by the engineer-in-chief, kashmir house, new delhi. .....