Court : Mumbai
Reported in : (1969)71BOMLR452; 1969MhLJ710
..... the question for consideration, however, is whether jurisdiction of civil court is impliedly barred in view of the provisions of the act, in this respect reference may usefully be made to ram swarup v. shikar chand : [1966]2scr553 in that case gajendragadkar c.j. observed (p. 896) :.it cannot be seriously disputed that the jurisdiction of the ..... civil courts to deal with causes can be excluded by the legislature by special acts which deal with special subject-matters; but the exclusion of the ..... judgment in c. p. t. service v. raghunath would be applicable.15. reference may also be usefully made to state of kerala v. ramaswami iyer & sons : [1966]61itr187(sc) . observations in paras. 4 and 5 of the judgment are material. pertinent observations are:4. but the jurisdiction of the civil court may be excluded expressly or .....
Tag this Judgment!Court : Kerala
Reported in : AIR1969Ker11
..... of time, as where a person is said to occupy a scat or how or where a person who allows his horses or cattle to be in a field or to pass along a highway is said to bo the occupier of the field or highway for the ..... in the exercise of our jurisdiction under article 227 of the constitution we set aside the orders dismissingland tribunal appeals 33 and 34 of 1966 and direct the subordinate judge of parur to take back the appeals to his file and dispose of the same on the merits and ..... light of our finding, the appellate judge by the orders which are the subject-matter of c. r. ps. 675 to 678 of 1966 disposed of the appeals only on the preliminary ground based on the competency of the varamdar to apply for fixation of fait rent and not ..... nature and extent of the rights of a varamdar under the provisions of act 1 of 1964 in the nilam given to him for cultivation in connection with his right to maintain a complaint for criminal trespass against the owner. the head-note of the decision reads thus :'a .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1969Bom302; (1969)71BOMLR409; 1969CriLJ1109; 1969MhLJ188
..... 'the rajasthan law weekly' dated 4-12-1965 and in a monthly magazine named 'laws and flaws' published by accused no. 1 in its issue dated 15-2-1966 . this court therefore has jurisdiction to try the offence'.in respect of these paragraphs, what is to be remembered is that the publication alleged in criminal reference no. ..... was such a contract between the parties, whatever the language used, the attention was concentrated on finding out whether a firm contract in terms of the indian contract act was traceable in the facts and circumstances placed before the court. we, therefore, need not be misled by the synonyms used because the emphasis must be laid upon ..... . 5. the point of law, which is being agitated, may now be noted, i have already pointed out that there is no specific provision in the copyright act, 1957, regarding the place for filing criminal complaints. the provisions of the criminal procedure code regarding the place of an enquiry and trial in chapter xv are the only provisions .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1968All402
..... to him after the correction of paper proceedings and after investigating his title is not the same proceeding as a suit to eject a trespasser contemplated by section 209 of the u. p. z. a. & l. r. act, nor is such a proceeding similar to or a substitute for a suit under section 209 of the u. p. z. a. & l. r ..... . mathur, j. in 1965 all lj 627 (supra). in mahabir gadaria v. deputy director of consolidation, 1965 r. d. 192 k. b. asthana, j. has taken the view similar to 1966 all lj 266 (supra).22. for the reasons mentioned above, we are of the opinion that a suit under section 209 of the u. p. z. a. & l. r ..... to grove land as that would be a matter in regard to which an application could be filed under the provisions of the act.18. mr. bashir ahmad also placed reliance upon ram lal v. assistant collector sadabad, 1966 all lj 266. that is a decision by a division bench of this court of which one of us (jagdish sahai j.) was .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1969Bom111; (1968)70BOMLR376; ILR1969Bom766
..... , entitled to the possession of the property, the application for an order of possession, though no possession is taken thereunder, shall be deemed to be an act of trespass committed by the applicant against the occupant. section 47 provided that if on an application under section 41 the occupant bound himself with two sureties to institute a ..... time of applying for an order under section 43 entitled to the possession of the property, the application for obtaining such order would be deemed to be an act of trespass committed by the applicant against the occupant, even if possession is not taken under the order. section 47 which has now been deleted, provided that if an ..... premises as a sub-tenant of the plaintiff and therefore, the plaintiff had no right to recover possession from him, save under the bombay rent act on the 28th of november 1966, the defendant amended his written statement with the leave of the court and he raised an additional contention that the suit was barred by res .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1968Cal407,72CWN440
..... it may be unlawful and violent involving criminal offences.120. surrounding or encircling or be setting and thereby putting the subject of that act under restraint, may or may not be by committing an act of trespass on property, but inevitably results in wrongful restraint and even wrongful confinement, which are offences defined and punishable by indian penal code.121 ..... to equality before the law and equal protection of the laws may be replaced by the doctrine of classification.'also, in the case of writ petition no. 230 of 1966 (unreported)=(since reported in : [1967]3scr525 subba rao c. j. observed;'the doctrine of equality before the law is a necessary corollary to the high concept of ..... or furtherance of a trade dispute was not indictable as a conspiracy if such act when committed by one person would not be punishable as a crime. on this point, reference was made to a recent decision of the queen's bench division in (1966) 2 all er 133. in that case something, very much like a 'gherao .....
Tag this Judgment!Court : Gujarat
Reported in : (1971)12GLR850
..... legislation as in the present case, where jurisdiction to try an election petition is conferred for the first time by the representation of the people (amendment) act, 1966, an order made by a single judge in the exercise of such new jurisdiction would not be subject to the appellate jurisdiction possessed by this high ..... section of itself, yields any necessary implication that there should be no appeal against intermediate orders.24. the necessary implication from an express provision of the act may also arise by reason of the application of the maxim expression units, exclusion alter us. the legislature may, by inclusion units exhibit an intention to ..... a provision which would otherwise be applicable was held excluded by reason of inconsistency with the necessary implication arising from an express provision contained in the act. in the present case it is difficult to find any inconsistency or disharmony between the existence of a right of appeal against intermediate orders under clause .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1969All278
..... the amount on account of water consumed on common services. out of the remaining amount, the amount payable by tenants, who maintain kitchen garden or keep cattle, is deducted. it is only the balance of the excess water charges that is distributed pro rata on the tenants.9. the housing commissioner is not ..... 21 permits discrimination between allottees. following the majority decision of the supreme court in : [1967]3scr399 , i hold that section 21 of the uttar pradesh industrial housing act, 1955 contravenes article 14 of the constitution, and is, therefore, void.30. by the order (annexure h), the assistant housing commissioner cancelled the allotment in favour of ..... and loss caused to the whole public by enacting a special procedure to be followed by government in evicting trespassers upon government or public land is a rational one.24. in chittoor motor transport co. v. income-tax officer : [1966]59itr238(sc) . thesupreme court had to consider constitutionality of section 10 (2) (vi-b) of .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1968SC303; (1968)70BOMLR337; 1968MhLJ551(SC); [1968]1SCR274
..... bombay, commonly known as greater bombay. they have all similar but separate grievances with respect to the development plan prepared and published under the act. in writ petition no. 215 of 1966, the petitioner's complaint is as regards his land being earmarked for the public purpose of a park in the development plan prepared under the ..... writ petition to be placed for hearing before a division bench. ultimately, however, this was dismissed by judgment dated april 25, 1966. according to the petitioners, they had not challenged the constitutionality of the act in their petitions. 6. in the present petition to this court the substantial complaint is that their lands were earmarked in the ..... should be quashed and a declaration be made that sections 9, 10, 11, 12 and 13 of the bombay town planning act are ultra vires the constitution of india. in writ petition no. 251 of 1966 the prayers include an order for quashing resolution no. 1173 of december 19, 1963 and resolution no. 343 of july 2, .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1969All304
..... entitled to admit as sub-tenant', and the three types of entries mentioned above which were to be made in certain situations only did not cover all kinds of trespassers.34. now as to what i have described as the second approach adopted by dcsai, c. j. his lordship observed that the rights of tenants and sub-tenants ..... proposals has been confirmed by the settlement officer (consolidation). there is no discussion on mis point in either judgment.22. in smt. natho v. board of revenue, 1966 all lj 563, also there was no argument that this court could not exercise its power under article 226 where the statement of proposals has been confirmed by the settlement ..... 1967 rd 51, a person filed an objection under section 9 of the consolidation of holdings act as it stood after its amendment in 1958 before the consolidation officer. the consolidation officer held on his objection that his name shouldbe entered as a trespasser in the revenue records. he filed an appeal, tt was dismissed. then he filed a .....
Tag this Judgment!