Default - Year 1983 - Judgments

May 04 1983 (HC)

Ex Parte: Champalal Jajodia Vs. Life Insurance Corporation of India

Court: Kolkata

Decided on: May-04-1983

Reported in: AIR1984Cal158

..... under article 181 of the limitation act 1908 a decree holder electing to enforce the default clause cannot approbate and reprobate and seek to realise different instalment remaining due in disregard ..... instalments at the stipulated period the entire decretal amount would be due then after a default has occurred an application for execution relating to subsequent instalments which fell due within three .....

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Apr 30 1983 (HC)

K. Raju Vs. Gilford Hilkish

Court: Chennai

Decided on: Apr-30-1983

Reported in: (1984)2MLJ121

..... requirement hence this revision petition 4 on the question of wilful default the learned rent controller has written a well considered order taking ..... also filed an eviction petition on the false ground of wilful default which was not accepted by all the courts the appellate ..... of the previous eviction petition filed on the ground of wilful default with the additional ground under section 14 1 b of .....

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Aug 01 1983 (HC)

National Cotton Mills and ors. Vs. Assistant Registrar of Companies an ...

Court: Kolkata

Decided on: Aug-01-1983

Reported in: [1984]56CompCas222(Cal),87CWN1038

..... section 162 of the companies act which provides that the defaulting company and every officer thereof shall be punishable with fine ..... the complaint was filed more than six months after the default the question that fell for consideration was whether the offence ..... statute itself provides for continuance of offence irrespective of initial default in some cases but does not make similar provisions in .....

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Sep 23 1983 (TRI)

income-tax Officer Vs. Bhogilal Hiralal

Court: Income Tax Appellate Tribunal ITAT Ahmedabad

Decided on: Sep-23-1983

Reported in: (1984)7ITD168(Ahd.)

..... legislature would not provide for a separate sanction for this default this default according to us has to be considered independently of the ..... as stated before the commissioner appeals was that the said default should not be penalised 1 because the assessee had paid ..... has accordingly deleted the penalty because according to him the default committed by the assessee was technical and there was nothing .....

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Aug 03 1983 (HC)

M.K. Natesa Mudaliar and Sons by Partner M.K. Natesa Mudaliar and anr. ...

Court: Chennai

Decided on: Aug-03-1983

Reported in: (1984)1MLJ56

..... sides learned rent controller upheld the first two grounds urged by the landlord namely wilful default and requirement for own occupation and negatived the third ground of requirement for demolition and ..... been remitted in october itself finding that the landlord would take eviction proceedings alleging wilful default in the payment of rent for the previous months probably the tenants might have sent .....

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Aug 18 1983 (TRI)

Sivakami Finance (P.) Ltd. Vs. Income-tax Officer

Court: Income Tax Appellate Tribunal ITAT Madras

Decided on: Aug-18-1983

Reported in: (1983)6ITD351(Mad.)

..... the question of deduction of tax at source and resultant or consequent default for the incurring of the liability for the levy of interest ..... the assessee could not be said to be an assessee in default for not deducting tax at source and no interest should have ..... that section also provides that when the ito is satisfied that the default was for good and sufficient reasons no penalty shall be levied .....

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Jul 11 1983 (HC)

Kulsumbai Mulla Jeewajee Vs. Madras Marine Private Limited

Court: Chennai

Decided on: Jul-11-1983

Reported in: (1984)1MLJ399

..... landlady that only on one prior occasion when the tenant committed default in the payment of renta for february march and april 1977 ..... representative to collect the rents the tenant further contended that the default cannot be deemed to be wilful in view of the fact ..... given by the appellate authority that the tenant has committed wilful default cannot be said to be erroneous or perverse hence so far .....

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Jun 27 1983 (HC)

Commissioner of Income-tax Vs. C.L. Bahri and Sons

Court: Kolkata

Decided on: Jun-27-1983

Reported in: [1984]149ITR195(Cal)

..... cent of the assessed tax for every month during which the default continued but not exceeding in the aggregate fifty per cent of ..... of penalty and do not have the effect of making the default in question a continuing one nor do they make the amended ..... provisions modifying the penalty applicable to earlier defaults in the absence of necessary provisions in the amending acts the .....

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Dec 08 1983 (HC)

Md. KamruddIn Jamma Vs. Ganga Prasad and ors.

Court: Orissa

Decided on: Dec-08-1983

Reported in: AIR1984Ori207; 57(1984)CLT153; 1984(I)OLR239

..... house bythe landlord and that the tenant was nota wilful defaulter upon these findingshe allowed the appeal filed by the tenant ..... in disbelieving the plea of bona fide requirement 7 as regards default in payment of rent the appellate authority relying on a ..... control authorities concurrently held that the tenant was not a wilful defaulter the high court reversed the concurrent finding and allowed the .....

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Jul 19 1983 (HC)

inder Sengupta Vs. Sm. Prova Rani Chakraborty and anr.

Court: Kolkata

Decided on: Jul-19-1983

Reported in: AIR1985Cal218,88CWN379

..... the purchase of the premises by the plaintiffs on the ground of default and committing nuisance application for amendment was made on 28 4 77 ..... the courts below ought to have held that the defendant was in default in payment of rent for two months within the period of 12 ..... schedule a properties it is further declared that the defendant is a defaulter in payment of 2 month s rents within the period of 1 .....

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