Court : Mumbai
Reported in : (1962)64BOMLR717
..... object of the legislature in providing a second opportunity or an opportunity to the tenants who have been dispossessed as a result of surrenders which are brought about either in contravention of any law or as a result of undue pressure, fraud, deceit or false representation is to ensure that the same result ought to follow. ..... it would be more appropriate to interpret the section to mean that if in a given case a surrender has not been verified either because it was not required to be verified or because it was not in fact verified, then in those cases if the tenant can prove that he was dispossessed as a result of his giving up his right on ..... the dispossession, though ostensibly by surrender of tenancy, is really not by valid surrender of tenancy because it is brought about either in violation of the form in which the law requires it to be done or because its voluntary nature is attacked as vitiated by ..... who are deemed to be tenants and they are generally persons who held land, in tenures in berar known as izara tenures or alienated lands which were governed by the provisions of either the berar alienated villages tenancy law or the berar land revenue code in respect of alienated lands. ..... protected lessees who were on land as such on january 1, 1953, but who had been dispossessed by surrender of tenancy and where there has been failure to verify their surrenders either because there was no provision of law which required verification or because there has been no verification. 30. .....
Tag this Judgment!Court : Mumbai
Reported in : (1982)84BOMLR608
..... or is guilty of an act of indiscipline or misconduct or has been inefficient in any other manner, the chairman may after giving an opportunity to the security guard, cause further investigation to be made and thereafter either warn the security guard in writing, suspend him for a period not exceeding four days or terminate his services after giving one month's notice or one month's wages in lieu thereof or dismiss him. ..... where the personnel officer is of the opinion that the security guard deserves higher punishment he is required to report the case to the chairman and the chairman either on the report received from the personnel officer or from the employer directly or from any other person, is authorised to investigate the matter further on his own, and to impose penalties ..... or a body corporate who undertakes to execute any security work or watch and ward work for any factory or establishment by engaging such security guard on hire or otherwise, or who supplies such security guards either in groups or as individual, would for the purposes of the act mean agency or agent and would include a sub-agency or a sub-agent of such agency or agent.12. ..... recruitment and entry into the scheme of security guards and for the registration of security guards and employers and for the removal of their names from the register either temporarily or permanently, and also for prohibiting, restricting or otherwise controlling the employment of security guards to whom the scheme does not apply. .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(2)ALLMR717; 2007(1)BomCR417
..... shiv narain, are relied upon by learned counsel shri sapkal, learned counsel for the principal and vice principal to oppose any prayer for grant of any relief, either by way of compensation, or by way of direct action against alleged wrong doers, by relying upon the observations to the effect that violation of rights of property by a private individual not being within the purview of those articles [19(1)(f) and 31(1)], a person ..... we are inclined to the view that the call for a bundh implies a threat to the citizen that any failure on his part to honour the call, would result in either injury to person or injury to property and involves preventing a citizen by instilling into him the psychological fear that if he defies the call for the bundh, he will be dealt with by those who are allegedly supporters of ..... for the same reasons, a writ of mandamus directing the respondents/alleged wrong doers of sexual harassment to pay compensation cannot be issued by this court either in the public interest litigation or even in the petition filed by the aggrieved lady teachers, since both the writ petitions do not satisfy conditions prescribed by the supreme court in the matter of ..... are inclined to understand the concept of a bundh as one where people are expected not to attend to their work or to travel for any purpose nor to carry on their trades with a threat held out either express or implied that any attempt to go against the call for the bundh would result in danger to life and property. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1961Kant106; AIR1961Mys106
..... on behalf of the respondent as the interpretation which we should properly place on the provisions of section 100(1)(b) of the act, which provides that the only corrupt practice which vitiates the election of a returned candidate is one committed either by the candidate himself or by his election agent or by some other person with the consent of the election agent or the returned candidate or committed by a person acting in the interest of the returned candidate, as a result of whose intermeddling, the ..... to amount to such corrupt practice, it should be established that on the date of those publications which were made on january 3, 1957, the appellant and the respondent were both candidates and secondly, that the dissemination was either by the appellant himself or by his election agent or by some other person who committed the corrupt practice, with the consent ot the appellant or his election agent as provided by section 100(1)(b) of the act. ..... according to the provisions of that clause, the publication by a candidate or his agent, or by any other person with the connivance of the candidate or his agent of any statement of fact which is false, and which he either believes to be false or does not believe to be true, in relation to the personal character or conduct of any candidate, or in relation to the candidature or withdrawal or retirement of any candidate, being a statement) reasonably calculated to prejudice the prospects of that candidate's election, is a .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2009KAR612;
..... or judicial separation of dissolution of marriage;(b) a suit or proceeding for a declaration as to the 'validity of a marriage ' or as to the 'matrimonial status ' of any person;c) a suit or proceeding between the 'parties to a marriage ' with respect to the 'property of the parties ' or of 'either of them ';(d) a suit or proceeding for an order or injunction in circumstances arising out of 'a marital relationship ';(e) a suit or proceeding for a declaration as to the 'legitimacy' of any person;(f) a suit or proceeding for 'maintenance ';(g) a suit or proceeding in relation to the 'guardianship' of the person ..... rights, or declaration as to the validity of marriage or as to the matrimonial status of any person the family court also has been conferred with the jurisdiction to decide the dispute relating to the property of the spouses or of either of them; declaration as to the legitimacy of any person; guardianship of a person or the custody of any minor; maintenance, including proceedings under chapter ix of the code of criminal procedure. ..... the property in dispute does not exclusively belongs to the parties to the marriage or of either of them and persons other than the parties to the marriage have interest in the said ..... if the property in dispute does not exclusively belong to the parties to the marriage or either of them, then notwithstanding the plea regarding matrimonial relationship in the plaint, or even the existence of the matrimonial relationship being admitted, the suit .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1996AP113; 1995(3)ALT789
..... fails to pay the rent without any just or lawful cause, it cannot be said that he is not guilty of wilful default because such a course of conduct manifestly amounts towilful default as contemplated either by the act or by other acts referred to above.such a principle was laid down with reference to such expressions used not only in tamil nadu buildings lease and rent control act 118/60 but ..... be evicted except in accordance with the provisions of the said section or sections 12 and 13, it is for the landlord to prove the contrary by establishing that there has been failure on the part of the tenant either topay or to tender the rent due within the stipulations of the provision and then in view of the proviso, it is for the rent controller to be satisfied that the tenant's default to pay or to tender ..... technically waste, yet this is not so if the change has been expressly sanctioned by the lessor, and the mere change is not waste unless it is in fact injurious to the inheritance, either by dismissing the value of the estate or by increasing the burden upon it, or by impairing the evidence of title. ..... 'rent lawfully payable' used under section 8 and section 9(2) of the act should be either the fair rent, reasonable rent or the agreed rent as the case may be and one ..... sunder rajan is accepted, i the injustice if any perpetrated by the authorities under the act, either on facts or in law, would be indirectly supported by the high court by merely applying a mathematical formula not to .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1996(1)ALT877
..... the law has gone to the extent of expressing that the court will regard the matter with jealous suspicion, and will either set aside the instrument as conclusively void will throw upon the person benefitted the burden of establishing beyond all reasonable doubt the perfect fairness and honesty of the entire transaction (taylor's evidence act ..... there is not even a recital therein that the possession of the suit lands was delivered to rajamma either at the time of her marriage or at any time subsequent thereto or that she was in possession of them by the time the document was executed on 12-4-57. ..... a supporting or collateral document like ex.a-3 if had come to avoid future problems, would not have failed either to make rajamma a party or to express all the important circumstances as detailed above including dear reasons as to why such a document come into existence. ..... a-3 is styled as a gift deed and has specifically mentioned in the plaint, it was not intended to be the true transaction under which the gift was given to rajamma, but it was executed by defendants 1 to 3 after a gap of 32 years either to evidence a past gift or to acknowledge such a gift as rajamma insisted for such a document from defendant no. 1. ..... therefore, read in the context, pasupukunkuma may be understood as a gift given to a hindu woman either at the time of her marriage or later by her parents, relatives or well-wishers as an auspicious memento to bless, protect and flourish her eternal happy material life. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2005(6)ALT1
..... voluntarily given up his membership of such political party; or if he votes or abstains from voting in such house contrary to any direction issued by the political party to which he belongs or by any person or authority authorized by it in this behalf, without obtaining, in either case, the prior permission of such political party, person or authority, and such voting or abstention has not been condoned by such political party, person or authority within fifteen days from the date of such voting ..... for a continuous period of five years; and (b) has, at the general election in that state to the house of the people, or, as the case may be, to the legislative assembly, for the time being in existence and functioning returned- either (i) at least one member to the house of the people for every twenty-five members of that house or any fraction of that number from that state; or (ii) at least one member to the legislative assembly of that state for ..... therefore, when the provisions of para 2 (1) of the tenth schedule of the constitution declare that a member of the house shall be disqualified for being a member of such a house in either of the contingencies prescribed under para 2 (1)(a), the reference is definitely to a member who is set up by a recognized political party at the election to the house and at best to an elected member set up at an election by a registered-unrecognized political party.40. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(5)ALD807; 2004(5)ALT755
..... , principles which emerge with regard to the ambit and scope of an amending act and its retrospective operation may be culled out as follows: (i) a statute which affects substantive rights is presumed to be prospective in operation, unless made retrospective, either expressly or by necessary intendment, whereas a statute which merely affects procedure, unless such a construction is textually impossible is presumed to be retrospective in its application, should not be given an extended meaning, and should be strictly confined to its clearly ..... if it is held that the amending act is retrospective in operation, it would be re-legislating the enactment by adding words which are not to be found in the amending act either expressly or by necessary intendment and it would amount doing violence with the spirit of the amending act. ..... the supreme court held that code of civil procedure to the territory of state of hyderabad either by express or by necessary intendment invested section 100 of the code with retrospective operation and that the power of the high court to deal with the appeal before it must' be with reference to procedure contained in hyderabad code ..... in a litigant, no sooner the us is commenced in the court of the first instance and such right or any remedy in respect thereof will not be affected by any repeal of the enactment conferring such right unless the repealing enactment either expressly or by necessary implication takes away such right or remedy in respect thereof. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : I(2004)ACC363
..... from others.one other aspect of the matter, which is required to be dealt with, is whether, in the event of the claimants failing to establish that the motor accident in question had taken place either on account of negligence of the driver of the vehicle when the driver himself or his legal heirs are not the claimants, or on account of the negligence of the employer or owner of the ..... in this case was an employee, for example, a cleaner in the lorry or a person employed for the purpose of loading and unloading then there would be an option for him either to claim higher compensation under section 110-a of the motor vehicles act providing actionable negligence on the part of the driver of the vehicle or to approach and get compensation under the workmen ..... court, the proviso, in our view, cannot be understood or interpreted to mean that the employees of the owner of a vehicle are not entitled to claim compensation either in addition to what is fixed under the compensation act or even the amount fixed under the compensation act, if they make a claim before the tribunal, from the insurer ..... of, the nature referred to in sub-section (1) of section 140 if such person has suffered by reason of the accident, any injury or injuries involving:(a) permanent privation of the sight of either eye or the hearing of either ear, or privation of any member or joint; or(b) destruction or permanent impairing of the powers of any member or joint; or(c) permanent disfiguration of the head or face.143 .....
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