Court : Andhra Pradesh
Reported in : AIR1966AP14
..... but the contention of the learned advocate for the petitioners is that section 31 of the new act, by implication, attracts section 5 of the limitation act even to appeals and revisions filed under section 93 of the hyderabad tenancy and agricultural lands act, because according to the learned advocate, clause (a) of section 31 speaks only of matters with regard to which a period of limitation is prescribed by the indian limitation act, 1908 and not to matters in regard to which a period of limitation is fixed by any local ..... but even a cursory reading of clause (b) of that very section, namely, section 31 of the new act, cuts at the root of the argument of the learned advocate and makes it abundantly clear that the new act is only prospective in its operation and not retrospective and applies to both classes of cases. ..... it is also to be noted that whileclause (a) of section 31 relates to matters forwhich the period of limitation prescribed by theold limitation act had expired before the commencement of the new act, clause (b) appliesto any suit, appeal or application for which theperiod of limitation is prescribed under the oldlimitation act or under any other law, specialor local. ..... that being the true legal position,the contention of the learned advocate that section 5of the new limitation act is applicable to thisrevision petition, is clearly untenable and thepetition is, therefore, dismissed.
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1996CriLJ2607
..... question involved, reads : 'all officers in charge of police stations shall take charge of and keep in safe custody pending the orders of a magistrate or of a prohibition officer, all articles seized under this act which may be delivered to them; and shall allow any prohibition officer who may accompany such articles to the police station, or who may be deputed for the purpose by his superior officer, to affix his ..... 12, which is relevant, provides for the things liable to confiscation and it reads : 'without prejudice to the powers of the excise officers under section 46 of the andhra pradesh excise act, 1968, in any case is which an offence has been committed against this act, the liquor by means of which the offence has been committed shall be liable to confiscation along with the receptacles, packages, coverings, animals, vessels, carts or other vehicles used to ..... : 'notwithstanding anything contained in the code of criminal procedure, 1973 when the deputy commissioner of excise or the appellate authority is seized with the matter under this act, no court shall entertain any application in respect of excisable articles, any package covering, receptacle, any animal, vehicle or other conveyance used in carrying such articles as far as its release, confiscation is concerned ..... as under : (1) where the crime is registered under the provisions of the andhra pradesh prohibition act, the magistrate has got power to consider the petition filed under the provisions of criminal procedure .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1937All396
..... decree-holder, direct that any decree for money or preliminary decree for sale or foreclosure passed by it or by any court whose business has been-transferred to it against an agriculturist, whether before or after this act comes into force, shall be converted into a decree for payment by instalments drawn up in such terms as it thinks fit in accordance with the provisions of section 3 : provided that any final decree for sale ..... which has not been fully satisfied, passed before this act comes into force, shall, notwithstanding anything contained in the code of civil procedure, 1908, be revisable in the same manner and to the same extent as-the preliminary decree for sale or foreclosure-passed against ..... to give power to the execution court to amend the decree so as to give the judgment-debtor benefits of the provisions of the agriculturists' relief act, such provision, so inconsistent with accepted principle and present procedure, would have been embodied in clear and unambiguous terms. ..... give jurisdiction to the execution court to amend a decree under section 5 of the act, the expression 'whose business has been transferred' would not have been used. ..... civil judge is in the following terms:can executing court grant relief under the agriculturists' relief act in a decree transferred] to it by another court situated in or outside the united provinces .....
Tag this Judgment!Court : Allahabad
Reported in : 2002(1)AWC735
..... because section 21 does not deal with the scope of commencement of arbitral proceedings under arbitration act, 1940 on the other hand when section 85 of 1996 act talks about the commencement of arbitral proceedings before the coming into force of 1996 act, it clearly means that the arbitral proceedings should have commenced before the coming into force of 1996 act, in the manner such commencement is understood under the arbitration act, 1940.'11. ..... of arbitral proceedings' as occurring in section 21 of 1996 act will have a bearing only to a point of time after 1996 act had come into force and will have no relation to the commencement of arbitral proceedings at a point of time before 1996 act had come into force. ..... (2) which is material is as follows :'the provisions of the said enactments shall apply in relation to arbitral proceedings which commenced before this act came into force unless otherwise agreed by the parties but this act shall apply in relation to arbitral proceedings which commenced on or after this act comes into force. ..... the other provision referred to is section 21 of the act, which reads as follows :'unless otherwise agreed by the parties, the arbitral proceedings in respect of a particular dispute commence on the date on which a request for that dispute to be referred to arbitration is ..... was that the suit was filed on 6.9.1996, that the arbitration and conciliation act, 1996, has been enforced from 25.1.1996 and the indian arbitration act, 1940, has been repealed. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1990MP345
..... sanyal, learned counsel for the respondent/ tenant, submitted that the order of the rent controller is in accordance with law; a corporation cannot be treated as a company, unless it is incorporated' under the provisions of the companies act, 1956 (for short, the 'companies act'); the corporation can also not be said to be a government department and a retired servant of such corporation cannot be said to be a government servant; therefore, neither the petitioner was a retired government servant nor he is a retired ..... it may be mentioned that a corporation may be a company where the enactment so provides, just as in land acquisition act, 1894, wherein under section 3(a) the expression 'company' means registered under the indian companies act, 1890, or a body incorporated by an act or parliament and includes a society registered, under the societies registration act, 1860, and a registered society within the meaning of the co-operative societies act, 1912, and any other law relating to co-operative societies for the time being in force ..... hence also, even though the corporation may be wholly owned or controlled by the central government, it cannot, for the purposes of section 23-j(ii) of the act, be considered to be a company, and a retired servant of the corporation cannot be said to be a retired servant of a company owned or controlled either by the central or state government. 8 ..... electricity board, created under electricity (supply) act, 1948, are not government servants. 5. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1990SC477; 1990(Supp)SCC91; [1989]Supp1SCR567
..... of the aforesaid years; or secondly, that irrigation facility became available to any land by a state irrigation work coming into operation subsequent to the enforcement of the uttar pradesh imposition of ceiling of land holdings (amendment) act, 1972, and at least two crops were grown in such land in any agricultural year between the date of such work coming into operation and the date of issue of notice under section 10; orthirdly, (a) that any ..... the high court has taken the view that when the legislature made amendments to the act, it must have had in mind the advancement that has been made in agricultural science and farm technology and by reason of it a tenure holder can overcome hurdles and raise two crops in a year ..... in order to give greater thrust to the objects underlying the act, the legislature has changed the basis for reckoning the ceiling area from that of 'fair quality land' to that of 'assured irrigation facilities' available to ..... the interpretation of the terms of section 4-a of the act assume importance because 'ceiling area' and 'surplus land' under the act have to be computed on the basis of the 'irrigated land' held by ..... originally, the 'ceiling area' under the act was to be determined on the basis of ' ..... it is not unreasonable to infer that when the act was amended the legislature intended that if any land has irrigation facilities available to it and is not 'usar land' and in some part of it 'dofasli' crops have in fact been raised in any of the relevant 'fasli .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT1991(4)SC538; (1992)2MLJ42(SC); 1991(2)SCALE1128; (1992)1SCC673; [1991]Supp2SCR478; 1992(1)LC229(SC)
..... the union territory of chandigarh punjab law journal (1988) 189 and pointed out that the land owner was entitled to the additional amount in terms of section 23(1-a) of the amendment act of 1984 if the proceedings for determination of compensation were decided after september 24, 1984, and since the regular first appeal in respect of the proceedings for determination of the compensation was decided after september 24, ..... amount at the rate of 12% per annum on the enhanced amount of compensation from the date of notification under section 4 of the said act and till the date of the award of the collector or the date of taking possession whichever is earlier conferred under the provisions of section 23(1-a) of the said act was available only in cases where the collector made his award after 30th day of april, 1982, being the date of the introduction ..... the expression 'award' is to be distinguished from the expression 'decree' and hence, it appears that in the absence of any contrary or inconsistent provision in the said act the provisions of sub-section would not come into play where the award had been made by the collector earlier as well as by the reference court but on the date of coming into effect ..... relevant for our purpose is that a learned single judge of the high court confirmed the grant of benefits under section 23(1-a) of the said act where such benefits had been granted by the learned district judge and awarded the same where that had not been done by the learned district .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2007(2)ALT52(SC); 2006(4)AWC3859(SC); (2006)206CTR(SC)149; [2007(1)JCR140(SC)]; JT2006(12)SC610; (2007)1MLJ797(SC); 2007MPLJ435(SC); 2006(10)SCALE75; (2006)8SCC581; 2007(2)
..... at the time of his death an interest in a mitakshara coparcenary property, his interest in the property shall devolve by survivorship upon the surviving members of coparcenary and not in accordance with this act:provided that, if the deceased had left him surviving a female relative specified in class i of the schedule or a male relative specified in that class who claims through such female relative, the interest of the deceased in the ..... it would be difficult to hold today the property which devolved on a hindu under section 8 of the hindu succession act would be huf in his hand visa-vis his own son; that would amount to creating two classes among the heirs mentioned in class i, the male heirs in whose hands it will be joint hindu family property ..... manoj swamp, learned counsel appearing on behalf of respondents, however, would submit that having regard to the provisions contained in section 6 of the act, the concept of mitakshara coparcenary having been saved, the parties would be governed thereby.7. ..... furthermore as noted by the andhra pradesh high court that the act makes it clear by section 4 that one should look to the act in case of doubt and not to the preexisting hindu law. ..... interpretation of some of the provisions of the hindu succession act, 1956 (for short 'the act') and, in particular, sections 6 and 8 thereof arises for consideration in this appeal which arises out of a judgment and order dated 10th october, 2005 passed by the high court of punjab and haryana in rsa no .....
Tag this Judgment!Court : Delhi
Reported in : 7(1971)DLT319
..... kishore, however, wanted to rely on the observation made in the judgment wherein it was suggested that for the purpose of stamp act whenever the property has been sold subject to any charge the consideration or the purchase money has been taken to be the total amount including ..... kishore the learned counsel for the respondent that after the coming into force of the hindu suc0cession act, 1956 the liability of the joint family property for the expenses of the marriage of the unmarried daughter no ..... provides that no instrument chargeable with duty shall be admitted in evidence for any purpose by any person having by law or consent of parties authority to receive evidence, or shall be acted upon, registered or authenticated by any such person or by any public officer, unless such instrument is duly stamped. ..... person by whom any such evidence is furnished, shall, on payment of the full duty with which the instrument to which it relates, is chargeable, be relieved from any penalty which he may have incurred under the act by reason of the omission to state truly in such instrument any of the facts or circumstances aforesaid. ..... is a reference under section 57(1) of the indian stamp act, 1899 (hereinafter to be called the act) made by the chief controlling revenue authority, delhi. ..... the reasoning that as it is not permissible under the stamp act to hold an enquiry to determine the value placed by the executant, similarly indeterminate liability cannot be allowed to reduce the market value of .....
Tag this Judgment!Court : Delhi
Reported in : 1998CriLJ1500; 69(1997)DLT977; 1997(43)DRJ775
..... of national capital territory of delhi under section 3(1) of the conservation of foreign exchange and prevention of smuggling activities, 1974 (for short 'the act') with a view to preventing her from smuggling goods and has been ordered to be kept in custody in the central jail, tihar , new ..... in this case the detention order was passed by specially empowered officer, namely a joint secretary, government of india under section 3(1) of the act and the representation made by the detenue to the advisory board was not considered by the detaining authority and the question that came up for consideration before the bench was whether ..... of powers conferred by section 8(f) read with section 9(2) confirms the detention order and directs under section 10 of the act that the petitioner be detained for a period of one year from the date of detention i.e. ..... governor in exercise of powers under section 8(f) read with section 9(2) of the act, the detention order was confirmed and it was directed that under section 10 of the act the petitioner be detained for a period of one year from the date of ..... '(10) the detenue was also informed in the declaration under section 9(1) of the act that she has a right to make a representation to the detaining authority, central government as well as to the chairman, state advisory board (cofeposa ..... (14) a detenu in respect of whom a declaration is made under section 9(1) of the act, is also required to be informed that he has a right to make representation against such .....
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