Judgment Search Results Home > Cases Phrase: continuance of legal proceedings act 1948 Page 10 of about 24,798 results (0.231 seconds)

Dr. K.A. Dhairyawan Vs. J.R. Thakur

Court : Mumbai

Reported in : (1959)61BOMLR548

..... this contention is without force as the provisions of the act do not provide for the continuation of a lease beyond the specified period stated therein. ..... that the suit must at any rate fail on the ground that defendant no, 4 having died before the institution of the suit and her name being struck off from the category of defendants and her legal heirs and representatives not having been brought on to the record the suit was bad on account of non-joinder of necessary parties.5. ..... the suit was contested only by the first three defendants who appear to be brothers and who claim to have continued in possession of the building after the crucial date, i.e. ..... all that the act does is to give to the person who continues to remain in possession of the land, although the period of the lease had come to an end, the status of a statutory tenant. ..... although the period of the lease had expired the respondents continued to remain in possession without the assent of the lessors. ..... 1 may be ordered to render accounts of the rents received by him from the tenants of the said property from may 23, 1948, and that pending the hearing of the suit a receiver may be appointed of the property in suit. ..... the court could, therefore, proceed with the suit in their absence.13. ..... that is to say, although the lease had come to an end but the lessee continued to remain in possession without the consent of the lessor, he would nonetheless be a tenant of the land and could not be evicted save as provided by the act.11. .....

The State Vs. Krishna Murari

Court : Allahabad

Reported in : AIR1955All397; 1955CriLJ1025

..... objection has been taken to the validity of this ordinance and act; the only contention has been that, since act 2 of 1947 has expired on 30-9-1947 it was not in existence and could not be continued at the time of the enforcement of ordinance 8 and act 43 of 1948. ..... control of supplies (continuance of powers) act 43 of 1948 wag passed and, having received the assent of the governor-general on 14-12-1948, it was published in the u. ..... same shall have received the assent of the president or governor, as may be necessary, such continuing act shall be deemed and taken to have effect from the date of the expiration of the act intended to be continued, as fully and effectfully, to all intents and purposes as if such continuing act had actually passed before the expiration of such act, except it shall be otherwise especially provided in such continuing act; privided nevertheless that nothing herein contained shall extend or be construed to extend, to affect any person ..... the official reports of the proceedings of the legislature show that the bill was passed by the legislative assembly on 18-9-1950 and by the legislative council on 27-9- ..... there can thus be no legal challenge to the validity of act 28 of 1950 and, by reason of that act, act 30 of 1950, shall be deemed to have taken effect from 30-9- ..... cement control order, 1948, was validly promulgated and must have legal effect given to ..... cement control order had no legal sanction behind it and was a ..... this view the order was of no legal effect. .....

Harpal Singh Vs. State

Court : Allahabad

Reported in : AIR1950All562

..... legislature passed the necessary resolution for extension at the proper time in 1948 and 1949, and the act continued in force subsequent to 29th february 1948, when the act completed its first year of enforcement. ..... the legislature bad thought that detention in connection with these orders would also be necessary for the main purpose of preventing the person proceeded against from acting in any prejudicial manner, it could have provided that on the lines of sub-section (4) of section 3.34. ..... section 123a also contains a provision for the supply of grounds of arrest to the person arrested; but we do not find any provision in section 123a enabling the person arrested and detained thereunder to consuls or to be defended by a legal practitioner of his choice and to that extent section 123a is inconsistent with the provisions contained in article 22(1) of the constitution.70. ..... in view of the opinion formed about the legality of the detention it was not considered necessary to hear this point at length and to decide it, specially when in ..... no person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his choice. ..... no person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest nor shall be denied the right to consult, and to be defended by a legal practitioner of his choice. .....

The Income-tax Officer, Bangalore Vs. K.N. Guruswamy

Court : Supreme Court of India

Reported in : AIR1958SC808; [1958]34ITR601(SC); [1959]1SCR785

..... provisions of the act as in force in the retroceded area prior to the date applied to all proceedings relating to the assessment of such income ..... now, the legal effect of the constitutional changes referred to above, so far as it has a bearing on the present dispute, may be briefly summerised as follows : the indian income-tax act, 1922, remained in force in the retroceded area till june 30, 1948; from july 1, 1948, the mysore income-tax act, 1923, applied, subject to this saving that the indian income-tax act continued to apply in respect of the total income chargeable to income-tax in the retroceded area prior to july 1, 1948, and the ..... appreciation of the issued involved in these appeals, it is necessary to set out, in brief outline, the political and constitutional changes which the retroceded area has from time to time undergone; because those changes had important legal consequence. .....

Ameer-un-nissa Begum and ors. Vs. Mahboob Begum and ors.

Court : Supreme Court of India

Reported in : AIR1955SC352

..... directed by his 'firman' dated 27-8-1945, that the report of the special commission should be scrutinised by an advisory committee consisting of three persons, to wit, two judges of the high court and the legal adviser of the state.the instructions conveyed to the committee in the 'firman' were that they should take no further evidence and should not hear the parties and that what they were to consider was ..... cancelled on 6-11-1948, and the execution proceedings were allowed to continue. ..... order indeed was withdrawn on 5-11-1948, and the chief justice did proceed with his work after that and submitted his report on the 5th of december following, but shortly after that the 'firman' of 24-2-1949 came, which dismissed the claims of these two ladies and their children altogether.the events after that, leading up to the passing of the wali-ud-dowlah succession act which have been referred to ..... 402 (10th edition).it may indeed be said that the present rule is the result of the statutory provisions introduced by the interpretation act of 1889 and as we are not bound by the provisions of any english statute, we can still apply the english common law rule if it appears to us ..... this court dismissed the appeal basing its decision practically on one ground, namely that the provisions of the act violated the fundamental rights of the respondents guaranteed, under article 14 of the constitution; and in this view it was considered unnecessary to decide the other points raised before the high court .....

Haji Siddik Haji Umar and ors. Vs. Union of India (Uoi)

Court : Supreme Court of India

Reported in : AIR1983SC259; 1983(1)SCALE48; (1983)1SCC408; [1983]2SCR249

..... shall be deemed to have vested in the custodian appointed or deemed to have been appointed for the state under this act, and shall continue to so vest:provided that where at the commencement of this act there is pending before the high court, the custodian or any other authority for or in any state any proceeding under section 8 or section 30 of the administration of evacuee property ordinance, 1949 (xii of 1949), or under any other corresponding law 'repealed by the administration of ..... it is pleaded there in that haji umar kasam was not an evacuee ; that the first notice issued by the custodian officer was withdrawn on may 31, 1948 ; that again in september, 1948 the special custodian officer had taken possession of the ice factory belonging to haji umar kasam without issuing any notice to him and later on a representation made by the plaintiffs, the special custodian officer passed an ..... section 27 of the act gives power of revision to the custodian general either on his own motion or on application made to him to call for the record of any proceeding in order to satisfy himself as to the legality or propriety of any order passed therein and to pass such order in relation thereto as he thinks fit ..... it means fictitious, what appears on the face of the instrument; the apparent and not the legal import and therefore any act which purports to be done in exercise of a power is to be deemed to be done within that power notwithstanding that the power is not exercisable ; dicker v .....

BahadurbhaidayabhaiamIn Vs. Ambalal Umeddas Shah and ors

Court : Gujarat

Reported in : (1963)4GLR681

..... affected by the enactment of the act or the repeal of the 1939 act save as expressly provided in the act and the suit which had commenced before the tenancy act of 1948 was applied to this area had to be continued and disposed of as if the 1948 act ..... already acquired accrued or incurred before the commencement of this act were not to be affected or be deemed to be ..... xx(b) shall save as expressly provided in this act affect or be deemed to affect(i) any right title interest obligation or liability already acquired accrued or incurred before the commencement of this act or(ii) any legal proceeding or remedy in respect of any such right title interest obligation or liability or anything done or suffered before the commencement of this actand any such proceedings shall be continued and disposed of as in this act was not passed.therefore any rights obligation or liability .....

State of Rajasthan and 10 ors. Vs. Asharam and anr.

Court : Rajasthan

Reported in : 1984WLN165

..... or deemed to have been appointed for the state under this act, and shall continue to vast:provided that where at the commencement of this act there is pending before the high court, the custodian or any other authority for or in any state any proceeding under section 8 or section 30 of the administration of evacuee property ordinance, 1949 (xii of 1949), then notwithstanding anything contained in this act or in any other law for the time being in force ..... which came into force on the subject saved anything done or any action taken under the 1948 order and the tenancy rights in the lands in dispu'e which once became evacuee property under the 1948 order continued to rmain as such even thereafter until they formed part of the compensation pool.7. ..... it may be pointed out that neither the former evacuee nor their legal representatives nor the state government took any proceedings at any time for getting the tenancy rights in the lands in dispute released from the compensation pool, before such tenancy rights in those lands were allotted by the managing officer to ..... it is also not in dispute that neither those muslim khatedar tenants nor their legal representatives at any time claimed possession of the lands in dispute, which fact supports the con(sic)tion of the writ petitioners that the muslim occupants of ..... case of the respondents that the former muslim tenants of the disputed lands or their legal representatives even returned to claim khatedari or tenancy rights in the lands in dispute. .....

Tarak Chandra Mukherjee and ors. Vs. Ratan Lal Ghosal and ors.

Court : Kolkata

Reported in : AIR1957Cal257,61CWN263

..... then comes the general clause which really provides an explanation of clause (e) and declares to what extent the proceedings and remedies shall not be affected and it says that 'any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed, as if the repealing act had not been passed'.it is thus clear that neither clause (c), nor any of the other two clauses is an independent provision, but they are all ..... in the second case, where a proceeding started when the calcutta house rent control order, 1945, was in force was heard after the act of 1948 had come into operation, it was held, on the principle that ordinarily a suit is to be tried by the law as it stood at the date of its institution, that the house bent control order of 1945 and not the ordinance of 1946 or the act of 1948 would apply. ..... in the first case, the fact of the repeal of the act of 1948 and the effect of section 8 of the bengal general clauses act were relied on but the words 'as if the repealing act had not been passed' were not considered. ..... there was thus evidence of a legislative intention evinced by the act of 1948 itself that the benefits provided by it should remain available upto the end of march, 1953 and the act of 1950 which brought about an earlier end of the act was designed to continue the beneficial policy of the legislature during the remainder of the period which emphasized the intention (see civil revn. no. .....

Gadde Krishna Murthy and Ot Vs. The Mandal Revenue officer, Sitanagar ...

Court : Andhra Pradesh

..... the learned judge therefore concluded that the provisions of section 5 of the limitation act made applicable under the notification dated 17.10.1950 continued to have an application to all proceedings before the authorities constituted under the act of 1948. ..... in so far as the legal position is concerned, it may be noticed that section 67(2)(e) of the act of 1948 empowers the government to make rules for application of the provisions of the cpc and the indian limitation act to applications, appeals and proceedings under the act of 1948. ..... given the aforestated legal position, it is clear that the initial failure on the part of the petitioners and/or their predecessors-in- title in seeking condonation of the delay in the filing of applications under section 11(a) of the act of 1948 would not be fatal. ..... the government, being in a state of utter confusion as to the legal position in so far as condonation of delay in the filing of applications under section 11(a) of the act of 1948 is concerned. ..... as the valuable property rights of the petitioners are at stake and as the legal position, as set out supra, was ignored by the authorities in so far as the extant rule under section 67(2)(e) of the act of 1948 is concerned, this court has no hesitation in holding that the summary rejection of the applications filed by the petitioners and/or their predecessors-in-title under section 11(a) of the act of 1948 on the short ground that they were time barred, applying the rules framed under section .....