Judgment Search Results Home > Cases Phrase: continuance of legal proceedings act 1948 Page 11 of about 24,798 results (0.134 seconds)

Trustees and Executors of the Late Shri Shamji Kheta Vs. Income-tax Of ...

Court : Mumbai

Reported in : [1984]148ITR219(Bom)

..... his submission that the death of the assessee is no bar to the continuation of the proceedings against the estate and also against his legal representatives, heirs, executors or administrators in whose hand the estate was. ..... 24b of the act, there is no section by which the executors, legal representatives or heirs of a deceased assessee can be called upon to participate in a proceeding relating to assessment of the deceased assessee other than the previous year ..... of the act cannot be continued against the trustees and legal representatives of ..... in any event that these proceedings for reassessment of income, which in the opinion of the ito had escaped assessment for assessment years 1947-48, 1948-49 and 1949-50, had not ..... the act,no proceeding under ..... of the act, and the proceedings are under that ..... 34 of the act on the three dates mentioned above by us in the years 1956, 1957 and 1958, as to what transpired in these proceedings and to what stage they had reached, we have ..... operate as a bar to the reopening of assessment and reassessment proceedings contemplated under s.34 of the act.14. ..... it appears that before the ito, for the assessment years 1948-49 and 1949-50, the assessee failed to produce his account books for the money-lending business on the ground that the 'account books for this business are alleged to have been ..... 34 of the act, to shamji kheta for the assessment year 1947-48 on march 31, 1956, for the assessment year 1948-49 on march 30, 1957, and for the assessment year 1949-50 .....

K. Harinath Reddy and Others Vs. Inams Deputy Tahsildar, Chittor and O ...

Court : Andhra Pradesh

Reported in : 2000(2)ALD713

..... shall cause to be served in the prescribed manner, a notice requiring the inamdars and if there is any other person who came into occupation for the inam land after the 7th january, 1948, and is in occupation thereof on the date of commencement of this act also the other person aforesaid, to file before it within the prescribed period, objections if any, to the application and after giving the tenant, inamdars and such other person, a reasonable ..... therein, the inamdars shall be entitled to a ryotwari patta in respect of that land; (c) if such a land is held by an inamdar other than an institution on the date of commencement of this act, but is in the occupation of a tenant on the said date, the tenant who is declared to be in occupation of that land on the 7th january, 1948, by the revenue court under sub-section (3) of section 5, or the collector under subsection (5) of that section, as the case may be, shall be entitled to a ryolwari patta of two-thirds ..... as the first respondent in his proceedings sr no.39/96 and srno.40/96 dated 30-1-1996 held that inamdars were in possession of the land as on 7-1-1948, the petitioners being legal heirs of the purchaser, late k.r. ..... 15-00 in sy.no.246 was allowed to continue as inam land by notification under section 3(3) of the act and the said position was not challenged before the appellate authority. ..... sections 5, 7, 8 and 11 of the act clearly indicate that the inam tenure continues till the grant of pattas. .....

Ram Sarup and anr. Vs. Rex

Court : Allahabad

Reported in : AIR1949All218; 1949CriLJ327

..... come into operation in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid;and any such remedy may be enforced and any such investigation or legal proceeding may be continued and concluded and any such penalty, forfeiture or punishment imposed as if the repealing act had not been passed.it will be seen that clause (c) of section 6 provides that the repeal shall not affect any right, privilege, obligation or liability acquired, accrued or incurred ..... it was also urged that the ordinance having been withdrawn on 1st february 1948, and proceedings against the applicants having been taken on a subsequent date in february 1948, the applicants could not be tried for an offence which was punishable under an ordinance which had ceased to have effect at the date the proceedings were commenced. ..... this award was enforced by an order of the government, dated 18th january 1948, whereby the decisions contained in the award were made binding on the company as well as on its employees and it was directed that no employee shall go on strike for two months from the date of the order. ..... , on 29th january 1948, but he did not come to work. ..... on 29th january 1948, but failed to do so as he had stomach ache. ..... , on 29th january 1948. ..... on 30th january 1948. ..... on 29th january 1948. ..... a copy of the order was duly served on tabarak khan, president of the workers' union of the mill, on 19th january 1948. .....

K.A. Dhairyawan and ors. Vs. J.R. Thakur and ors.

Court : Supreme Court of India

Reported in : AIR1958SC789; [1959]1SCR799

..... 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. ..... 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. ..... 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 ..... the period of the lease had expired the respondents continued to remain in possession without the assent of the lessors ..... attornment from the tenants of the said property attorning to the appellants, that the first defendant 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. ..... 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 none the less be a tenant of the land and could not be evicted save as provided by the act. 12. .....

Pollisetti Pullamma and Others Vs. Kalluri Kameswaramma and Others

Court : Supreme Court of India

Reported in : AIR1991SC604; JT1990(4)SC293; 1990(2)SCALE883; [1990]Supp2SCR393

..... any provision of law.where there is a dispute between two or more persons as to which of them is the landholder for all or any of the purposes of this act or between two or more joint landholders as to which of them is entitled to proceed and be dealt with as such landholder, the person who shall be deemed to be the landholder for such purposes shall be the person whom the collector subject to any ..... servants or hired labour, with his own or hired stock, in the ordinary course of husbandry, from the 1st day of july, 1945 and has been in direct and continuous possession of such lands from that date.explanation: 'cultivate' in this clause includes the planting and rearing of topes, gardens and orchards, but does not include the rearing ..... appeals, therefore, is whether in view of this court's decision in chidambaram's case the decision in periannan's case is still good law, and whether on application of the correct legal tests the lands in dispute are private lands of the landholders entitling them to ryotwari pattas in respect thereof or those are ryoti lands in possession of the appellants as tenants ..... estate before the commencement of the andhra pradesh (andhra area) estates land (amendment) act, 1936, but became an estate by virtue of that act, the expressions 'now' and 'commencement of this act', in this sub-section and explanation (1) shall be construed as meaning the seventh day of january 1948, and the expression 'hereafter' in this sub-section shall be construed as meaning the .....

S.B. Trading Co. Ltd. Vs. Shyamlal Ramchandra

Court : Kolkata

Reported in : AIR1951Cal539

..... forfeiture of the interest of the tenant under section 12 (3), rent act of 1948, because there on the default of payment or deposit of only three consecutive months' rent the tenant's interest was ipso facto determined by statute with the result there never can be rent 'legally payable' in default on three occasions each with a period of two months such as is contemplated under proviso (i) of section 12 (1) read with section 14, rent act of 1950.61. the compelling consideration for me in coming to this ..... nonsensical result is due to the fact that formerly tenants who were granted relief under the unamended section 18 (5) could pay or deposit rent under the rent act of 1948 because such tenants were not those who incurred the statutory forfeiture & therefore, application of proviso to section 14, was quite practical & sensible. ..... ordinary short term defaulter tenants against whom decrees were made before the amendment & who applied within the specified time thereunder but whose applications remained undisposed of at the date of the amending act are prevented from continuing their applications under amended section 18 (1) by reason of sections 5 & 6. ..... in default of such payment the court will proceed with the hearing of the suit.66 ..... leaving this question open, the rent controller proceeded to determine the standard rent. ..... the suit has proceeded only on the admitted documents without any oral ..... i will proceed now to an examination of these two ..... i will proceed now to consider the next .....

Yapi Kredi Bank (Deutschland) Ag Vs. Mr. Ashok. K. Chauhan and ors.

Court : Delhi

..... & 3645/2012 page 21 the register pursuant to section 353(5) of the act of 1948 and was therefore a non-existent person at the time certain county court proceedings were commenced, those proceedings were subsequently validated when an order was made under section 353(6) that the company shall be deemed to have continued in existence as if its name had not been struck off. ..... an application for substitution under order 22 rule 3 was the proper remedy, for succeeding to the legal proceeding; the lapse of the period stipulated for presenting that application resulted in abatement of claims in the ..... the question of substitution of a transferee company in the background of amalgamation of a company that was party to a legal proceeding directly arose before the supreme court in bhagwan dass chopra (supra), where it was contended, like in the present case, that amalgamation of two companies resulted in the death of the ..... observation is that while the reported cases show quite clearly that a corporation which has ceased to exist is not entitled to maintain any legal proceedings, they do not show fao(os) 511/2007, c.m. ..... of the transferor company or corporation and becomes entitled to all the rights of the transferor company or corporation subject to the terms and conditions of the contract of transfer or merger, the scheme of amalgamation and the legal provisions as the case may be under which such transfer, devolution, merger, take over or amalgamation as the case may be may have taken place. .....

Prithviraj Chunilal Sand Vs. Hari Ganesh Parkhe

Court : Mumbai

Reported in : (1954)56BOMLR1076

..... section 89(2) lays down thatnothing in this act...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 act, and any such proceedings shall be continued and disposed of as if this act was not passed.it would be clear that the provisions of sub-section ..... and it is exactly this kind of right and legal proceeding instituted to enforce it that are saved by the provisions of section 89(2) of the tenancy act of 1948. ..... the effect of sections 70 and 85 of the tenancy act of 1948 is to confer exclusive jurisdiction on the mamlatdar to determine the matters mentioned in section 70 and to exclude the jurisdiction of the civil courts to determine these points. ..... of section 89(2) this right which had vested in the landlord and which has been recognised by a decree passed by a civil court of competent jurisdiction has been expressly saved, and any of the provisions contained in the tenancy act of 1948 cannot be pleaded against the enforcement of this right. ..... justice vyas had occasion to consider the effect of the provisions of sections 70 and 89 of the bombay tenancy and agricultural lands act, 1948. .....

Sialkot Silk Stores Vs. Chief Commissioner, Union Territory

Court : Punjab and Haryana

Reported in : [1969]23STC51(P& H)

..... it has been one of the contentions on the side of the petitioner that in view of that provision it was the central government which could proceed to issue notification under sub-section (2) of section 6 of punjab act 46 of 1948 and not the chief commissioner of the union territory of chandigarh, but to that the complete reply in the return of the respondent is that by notification no. s.o. ..... in the union territory of chandigarh, in view of section 88 of the reorganisation act, punjab act 46 of 1948 continues to be the law in force. ..... after the second notification was issued by the chief commissioner, union territory of chandigarh, under sub-section (2) of section 6 of punjab act '-'6 of 1948, amending item 30 in schedule b to that act, in the matter of consideration of the validity and legality or otherwise of this last-mentioned notification, the earlier notification by the 'existing state of punjab' giving its intention to amend item 30 of schedule b to that act, comes in for consideration. ..... it is the legality and constitutional vires of this last-mentioned notification issued by the chief commissioner of the union territory of chandigarh that is the subject of challenge in this petition under articles 226 and 227 of the constitution by the petitioner, .....

Sunil Kumar Basu Vs. Smt. Nagendra Bala Devi Choudhurani and anr.

Court : Kolkata

Reported in : AIR1962Cal238

..... it is true that the calcutta thika tenancy ordinance, 1948 which had come into force on the 28th october, 1948, was then in force, but it did not contain any provision as to the filing of a proceeding in ejectment, the only essential provision of the ordinance was that 'notwithstanding anything contained in any other law, no decree or order for ejectment of a thika tenant shall be executed during the continuance of the operation of the ordinance. ..... a suit for ejectment or for obtaining khas possession and thereafter refrains from filing any suit for rent, he cannot claim suspension of the running of time against him; but it is found that the plaintiff was acting legally and in good faith and during the pendency of the ejectment suit he could not bring a suit for rent, then he can claim suspension of running of time against him. ..... held that the claim for arrears of rent for the 2 years and 4 months which had accrued more than 3 years before the institution of the present suit, was saved under section 14 of the limitation act, because between 24-2-49 and 19-5-53 the plaintiff was diligently prosecuting another proceeding in ejectment as well as for recovery of arrears of rent and mesne profits for the use and occupation of the land. ..... this amount may be regarded as the consolidated claim on account of interest which is legally payable under section 23 of the thika tenancy act. .....