Default - Year 1969 - Judgments

Aug 13 1969 (HC)

Biraj Mohan Bhattacharjee Vs. Ajit Kumar Basu and anr.

Court: Kolkata

Decided on: Aug-13-1969

Reported in: AIR1971Cal266,75CWN156

..... any protection under the 1956 act of these defaults barring the default of april 1956 all defaults were made when the 1950 act was ..... with respect there are considerable difficulties in treating pre act defaults as defaults under the new or 1956 act and an acceptance of ..... chatterjee j was therefore of the opinion that pre act defaults could be taken into consideration in determining the liability of .....

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Aug 25 1969 (HC)

Komalchand Beniprasad Vs. Pooranchand Moolchand

Court: Madhya Pradesh

Decided on: Aug-25-1969

Reported in: AIR1970MP199; 1969MPLJ937

..... for restoring to file the application for restoration dismissed in default of plaintiffs appearance on 3 9 1959 on the plaintiff ..... applicable to applications made for restoration or applications dismissed for default filed under rule 9 of order 9 of the code ..... intelligible because as the application for setting aside the dismissal in default of the application for restoration of the suit was itself .....

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Sep 30 1969 (HC)

Hajilal Mohammad Bidi Works, Allahabad Vs. the State of U.P. and ors.

Court: Allahabad

Decided on: Sep-30-1969

Reported in: AIR1970All330; [1970]25STC383(All)

..... the legislature decided to provide for payment of interest by tax defaulters and for that reason enacted a self contained provision for ..... is required nor is it necessary to issue a demand notice default in payment of the tax would automatically attract the liability ..... of interest being calculated on the amount under default and the liability to pay interest follows from the provisions .....

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Mar 17 1969 (SC)

Ranjit Chandra Chowdhury Vs. Mohitosh Mukherjee

Court: Supreme Court of India

Decided on: Mar-17-1969

Reported in: AIR1969SC1187; (1969)1SCC699; [1970]1SCR16

..... legal representatives the suit was for ejectment of the tenant for default in payment of rent as agreed to between the parties 2 ..... that the original landlord had waived the right of forfeiture for default upto august 1955 when he accepted rent for september 1955 and ..... for september a new tenancy came into existence and the old defaults could not therefore be made the foundation of the second notice .....

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Sep 26 1969 (HC)

Ramiah Chettiar Vs. K. Sankaralingam Pillai

Court: Chennai

Decided on: Sep-26-1969

Reported in: (1970)1MLJ483

..... in the endorsement that the tenant has committed any default much less wilful default nor is there anything in the order of the ..... of the tenant on the ground that he had committed wilful default in payment of rent for october november 1967 the tenant contested ..... and paying rent regularly every month was alleged to have committed default in the payment of rent for october november 1967 the rent .....

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Feb 14 1969 (HC)

Commissioner of Income-tax Vs. Chunilal Hemraj

Court: Kolkata

Decided on: Feb-14-1969

Reported in: [1970]78ITR193(Cal)

..... tax act 1922 the tribunal heldthat though there may have been a default under section 22 2 that alonewould not be sufficient to make ..... under section 23 4 according to the tribunal there must be further default under section 22 3 of theindian income tax act 1922 in ..... the rural district council i do not think that in this case default could mean merely doing nothing unless an obligation to do something .....

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Aug 29 1969 (HC)

Commissioner of Income-tax Vs. Venichand Maganlal

Court: Rajasthan

Decided on: Aug-29-1969

Reported in: [1970]78ITR120(Raj)

..... assessee thetribunal took the view that the measure of penalty for a default mustbe in accordance with law which was in force at the ..... rate of 2 ofthe income tax for every month during which the default continues thetribunal reduced the penalty to rs 200 3 on an ..... less than 2 of the tax for every month during which the default continues this argument is fallacious in arithmetic equal to a particular .....

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Apr 01 1969 (HC)

K. Venugopal Vs. P.S. Doyal Prasad

Court: Chennai

Decided on: Apr-01-1969

Reported in: (1970)1MLJ60

..... the terms contained therein alleging that the petitioner had committed wilful default in the payment of rent for the months of april ..... june 1964 to 28th february 1966 the petitioner committed wilful default in the appeal preferred by the tenant the appellate authority ..... were therefore right in holding that the petitioner committed wilful default 4 in the result the petition fails and is dismissed .....

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Feb 10 1969 (HC)

Commissioner of Income-tax Vs. Blackwood Hodge (India) P. Ltd.

Court: Kolkata

Decided on: Feb-10-1969

Reported in: [1971]81ITR807(Cal)

..... first instance and thereafter the assessee is treated as an assessee in default with respect to the very amount that is assessed by reason ..... when we come tothe expression deemed to be an assessee in default we have to assumethat the following stages are over 1 fixation ..... the notice of demand that he can become an assessee in default when therefore we are dealing with the legal fiction introduced by .....

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Sep 24 1969 (HC)

G. Rite and Co. Vs. Chandrakant Harilal Shah

Court: Mumbai

Decided on: Sep-24-1969

Reported in: (1971)73BOMLR423

..... is made in a procedural order to warn dilatory litigants against making default or delay the court has power to extend the time this ..... fixed or granted might have expired the fact that there was a default clause that if the payment be not made within a specified ..... the passing of a further order of dismissal in the event of default on the part of the defendants quite apart from this interpretation .....

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