Court : Mumbai
Decided on : Sep-16-1964
Reported in : AIR1966Bom19; (1965)67BOMLR380; 1966CriLJ9; ILR1965Bom619
Naik, J. (1) This proceeding for contempt of court been initiated by the High Court of the report submitted by Mr. Vimadala, judge city civil court, Bombay (as he then was) in respect of the an incident which took place in his court on 4th March 1963. The facts leading unto the incident on the 4th March 1963 may be briefly outlined as follows: The plaintiff Mrs. Damayanti G. Chandiramani, filed a suit a against the defendants S. Vanvey, for recovery of possession and arrears of compensation on the basis that the defendants was a licenses and that the license was revoked. That suit was filed on 26th October 1962. After the service the summons, the defendants attended the office of Advocates punwani, who appeared on behalf of the plaintiff in the suit for inspections of the documents,. This was on 10th November 1962. On 10th January 1963 the defendants stared prosecution under section 24 of the Rent control Act a against the plaintiff her parents and Advocates punwani on the basis in tha...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Nov-05-1964
Reported in : AIR1965P& H175
ORDER(1) Jagat Ram has approached this Court under section 15 of the East Punjab Urban Rent Restriction Act No. 3 of 1949 in the following circumstances.Shri Shanti Sarup, respondent in this Court, applied for ejectment of Jagat Ram from the Premises in question on the following grounds:(1) That he had not paid the rent for five months due from 3-10-1962; (2) that he had sublet the property; (3) that he had converted the user of the leased premises; and (4) that the property had become unsafe for human habitation.Jagat Ram was served for 7-2-1963 but he did not tender the arrears of rent along with interest on that day but complained to the Rent Controller that no copy of the application had been served on him along with the summonses. The case was accordingly adjourned to 9-2-1963 for filing the written statement. On 9-2-1963, the tenant did not appear with the result that ex parte proceedings were taken against him. The tenant later applied, for setting aside the ex parte proceedings...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Nov-24-1964
Reported in : AIR1965MP185; 1965MPLJ211
Dixit, C.J. 1. This appeal has come up before us on a reference made by one of us, and arises out of proceedings initiated by the appellant Mukundlal under Section 10 of the Madhya Pradesh Accommodation Control Act, 1961, (hereinafter called the Act), for fixation of 'standard rent' of certain shop premises situated in Sarafa Ward, Jabalpur, in the occupation of the respondent Shankarlal as Mukundlal's tenant.2. The Rent Controlling Authority found that the landlord had not kept the accommodation in good and 'tenantable repairs'; that the rent as shown in the municipal assessment register for the year 1947-48 was Rs. 90/- per month; and that on 7th December 1948 fair rent had been fixed at Rupees 70/- per month in respect of the accommodation by the competent authority under the C. P. and Berar Regulation of Letting of Accommodation Act, 1946, which was then in force in Jabalpur. The authority took the view that in fixing 'standard rent', the provisions of Section 7 of the Act had to b...
Tag this Judgment!Court : Kolkata
Decided on : Mar-30-1964
Reported in : [1966]62ITR476(Cal)
SANKAR PRASAD MITRA, J. - This is an application for leave to appeal to the Supreme Court. The assessment year out of which the reference arose was the year 1956-57 and the relevant accounting year was the calendar year ended on the 31st December, 1955. The total income of the assessee was computed at Rs. 6,14,525. In computing the tax on the total income in accordance with the Finance Act, 1956, the Income-tax Officer calculated the reduction in rebate in the following manner :Total dividend and bonus taken during the year :Rs. Rs.(The bonus declared is also to be included in the dividend as it is not bonus declared with a view to increasing the capital) ....5,49,0006 per cent. of the ordinary share capital ....1,83,000 ..3,66,0004 per cent of ordinary share capital.1,22,000@ 2As.15,250 2,44,000@ 3As.45,750 Total..61,000The Income-tax Officer based his calculation on the paid-up share capital of Rs. 30,50,000. According to the Finance Act, 1956, the expression 'paid-up capital' means ...
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-04-1964
Reported in : AIR1966SC1780; 1965(0)BLJR533; [1965]2SCR6
Raghubar Dayal, J.1. This appeal, on certificate granted by the High Court of Patna, raisesthe question whether section 64A of the Motor Vehicles Act as introduced by theMotor Vehicles (Bihar Amendment) Act, 1949 (Bihar Act XXVII of 1950),hereinafter referred to as Bihar section 64A, was not applicable to proceedingsfor grant of permit for inter-State routes. This question, however, was decidedby this Court in S. K. Pasari v. Abdul Ghafoor (Civil Appeal No. 306 of 1964,decided on 4-5-64). It was held that it was applicable to cases ofstage-carriage permits for inter-State routes. 2. The respondent prayed, in view of the observations in Abdul Mateen v. RamKailash Pandey : [1963]3SCR523 for permission to challenge the validityof the aforesaid section on the ground that Parliament, by the Motor Vehicles(Amendment) Act, 1956 (Act No. 100 of 1956), has introduced another section 64Ain the Motor Vehicles Act, 1939 (Act IV of 1939), hereinafter referred to asCentral section 64A and that there...
Tag this Judgment!Court : Mumbai
Decided on : Aug-10-1964
Reported in : AIR1965Bom92; (1964)66BOMLR807; ILR1965Bom200; 1965MhLJ577
..... act. the provisions of the ordinance were embodies in the provisions act-board of revenue act no. 12 of 1949. in 1954, the legislature of the central provinces and berar enacted an act, called the madhya pradesh land revenue code. this act repealed the c.p. land revenue act, 1917, the berar land revenue code, 1928 as well as the board of revenue act. however act were adapted and incorporated in chapter ii of this code. it may be stated that sub-section (2) of section 6 of the m.p. land revenue act ..... and its limits has been examined in detail by the supreme court in in re, the delhi laws act (1912), ..... applications is common and that question relates to the legality and validity of sub-section (4) of section 3 of the bombay commissioners of divisions act, 1957, (bombay act no. viii of 1958). it is the contention of the petitioners in all the three cases that sub-section (4) of section 3 of the aforesaid act ..... section 5 provided that the administration of civil and criminal justice, and the superintendence of the settlement and realization of the public revenue, and of all matters relating to rent, with in the said territory, are hereby vested in such officers as the said lieutenant governor may, for the purpose of tribunals of first instances or of reference and appeal, from time to time appoint. the officers so appointed shall, in the matter of the administration and superintendence aforesaid, the administration and superintendence aforesaid, be subject to the direction and control .....
Tag this Judgment!Court : Allahabad
Decided on : Mar-06-1964
Reported in : AIR1965All49
Desai, C.J. 1. I agree with my brother S. K. Verma that the first question should be answered in the negative and the second, in the affirmative. I regret that I cannot agree with my learned brother Dwivedi. 2. The U. P. (Temporary) Control of Rent and victim Act, No. 3 of 1947 has been enacted 'to provide for the continuance during a limited period, of powers to control the letting and the rent ofresidential and non-residential accommodation andto prevent the eviction of tenants therefrom.' The letting is controlled through the provisions contained in Sections 7, 7-A, 7-D and 7-E, the rent is controlled through the provisions in Sections 4, 5 and 6 and eviction of tenants is prevented through the provisions in Sections 3, 7-C, 14 and 15. The preamble only explains why these provisions and other provisions have been enacted; it itself is not an enactment and is not required to be enforced by courts. What is to be enforced by the courts is the provisions contained in the Act and they ma...
Tag this Judgment!Court : Allahabad
Decided on : Nov-13-1964
Reported in : AIR1965All420
Desai, C.J.1. This and the connected petition have been laid before a Full Bench because the questions that are raised in them are of far-reaching consequences and a Division Bench decision of this Court in Fakirey Lal Ram Bharosey Lal v. State, Writ Petn. No. 2311 of 1981, D/- 2-11-1962 (All) may have to be reconsidered.2. In 1956 the legislature of Uttar Pradesh enacted the U. P. Sugarcane Cess Act No. XXII of 1956. Section 3 of it provided that the State Government could impose a cess not exceeding a certain rate on She entry of sugarcane into the premises of a factory for use, consumption or sale therein. It was payable by the owner of the factory on prescribed dates. If an arrest of cess was not paid on the prescribed date it was to carry interest at 6% per annum from that date to the date of payment When a person was in default in making payment of the cess the authority empowered to collect the cess could direct that in addition to the amount of the arrear and interest a sum not...
Tag this Judgment!Court : Kolkata
Decided on : Dec-08-1964
Reported in : [1966]62ITR544(Cal)
BOSE, C.J. - This is an appeal from or order of Banerjee J. discharging a rule issued under article 226 of the Constitution.The appellant alleges that she carries on business, inter alia, in money-lending, speculation in bullion and shares and investment in shares and other commodities under the name and style of Shanker & Co., at Ramrajatola, Santragachi, in the District of Howrah.In January, 1961, the appellant filed returns of her income for the assessment years 1952-53 to 1960-61. The Income-tax Officer, D-Ward, Howrah, completed the assessments of income of the appellant in respect of the said years under section 23(3) of the Indian Income-tax Act, 1922, and issued the assessment orders in respect thereof on the 7th February, 1961. The Income-tax Officer found that the sources of income of the assessee during the accounting years were income from interest from investments and speculation in shares and silver and/or other sources for which no bank account nor any proper books of ac...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Sep-30-1964
Reported in : AIR1965AP288
ORDERSatyanarayana Raju, J.(1) This matter comes before us on a reference made by the First Additional Chief Judge, City Civil Court, Hyderabad, under S. 133 of the Code of Civil Procedure.(2) The point which arises for decision in this reference is whether the Hyderabad Suits Against Government Act (V of 1320 Fasli) Hereinafter referred to as 'the Hyderabad Act' is void by reason of its repugnancy to the Code of Civil Procedure which was extended to the erstwhile State of Hyderabad in April 1951.(3) For a better appreciation of the point in controversy, we may, at the outset, briefly mention the admitted facts.On July 23, 1953, the plaintiff gave notice to the former Government of Hyderabad, under S. 80 of the Code of Civil Procedure, and on November 23, 1953 instituted the suit against them for recovery of a sum of Rs. 4,00,000 by way of damages for an alleged breach of the contract entered into by him with the Government. The Government filed their written statement raising various ...
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