Court : Allahabad
Decided on : Aug-08-1973
Reported in : AIR1974All118
..... of the petitioner that the order of the state govt. does not disclose any reason and independent application of mind for the rejection of the petition under section 7-f of the act is without any substance. it has referred to the various pleas raised by the parties and then arrived at the conclusion that no interference against the ..... need of the petitioner and that of the landlord and that the order of the state government did not contain any reasons for rejecting the petition under section 7-f of the act. i have carefully looked into the orders passed by the various authorities referred to earlier and i find no substance in the grievance made by the petitioner ..... avail of the offer made to him by the landlord and surrender one of the shops in favour of the landlord. the petitioner filed a petition under section 7-f of the act before the state government and reiterated the various pleas raised by him before the rent control and eviction officer and the commissioner. the state government, by .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-10-1973
Reported in : AIR1974All266
..... of the old lease might be continued in it, by implication; and it cannot be disputed that to bring new tenancy into existence, there must be a bilateral act. what section 116 contemplates is that on one side there should be an offer of taking a renewed or fresh demise evidenced by the lessee's or sub-lessee's continuing ..... plaintiff had entered into a fresh contract with the defendant and allowed him to continue as a tenant on the same old terms. in these circumstances, section 116 of the transfer of property act has no application to the present case.19. sri chaudhary wanted to rely on the recitals in the notices sent by the plaintiff in connection with ..... the defendant by holding over.7. in order to appreciate the point raised on behalf of the appellant, it is necessary, at this stage, to read section 116 of the transfer of property act. it reads:'116. effect of holding over. if a lessee or under-lessee of property remains in possession thereof after the determination of the lease granted .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-29-1973
Reported in : AIR1973All430
..... the house from yadan in 1960 (sic). it was after a few years that the custodian gave notice to petitioner no. 1 under section 8(4) of the administration of evacuee property act (act xxxi of 1950) to show cause why damages be not recovered from him for being in unauthorised possession of the abovementioned house which was an ..... he taken any proceeding under any of the ordinances.11. central ordinance no. xxvii of 1949 was replaced by the administration of evacuee property act, 1950 (act xxxi of 1950). it contains a similar provision as section 8(2) of the ordinance. consequently, if yadan is an evacuee under u.p. ordinance no. i of 1949 and central ordinance ..... (ii) has been worded generally and we see no justification to give a restricted meaning to this provision.6. reliance was placed upon section 8(1)(b) of the administration of evacuee property act, 1950 wherein it is provided that in cases falling under this category the property shall be deemed to have vested in the custodian from .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-10-1973
Reported in : AIR1973All328
..... title and the fact that he sues for possession on behalf of himself and the other tenants-in-common does not form an exception to the rule. sections 90 and 95 of the trusts act simply state the legal effect of a decree for possession granted to a joint owner on behalf of himself and others; they do not lay down the ..... muslim. in the present case nasir husain was admittedly a shia. in the case of wakf made by a shia muslim delivery of possession is necessary as laid down in section 186 of the mulla's mahdmedan law, sixteenth edition at page 180. the privy council also held in ali zamin v. akbar ali khan that under shia law actual ..... escape the notice of plaintiff no. 2 or his predecessor. according to the plaintiffs' allegations the defendants had simply started digging foundation on this land when they treated this act of theirs as amounting to their dispossession and filed their suit out of which this appeal has arisen. it is therefore clear that if the evidence had been appraised from .....
Tag this Judgment!Court : Allahabad
Decided on : Sep-05-1973
Reported in : [1975]99ITR414(All)
..... petitioner filed his wealth-tax returns for the assessment years 1964-65 to 1969-70, beyond the time prescribed in section 14(1) of the wealth-tax act, but before any notice under section 14(2) of the act could be issued to him. in those returns the petitioner stated the estimated value of his immovable properties and computed ..... or not, it is in fact done honestly. accordingly, the aforesaid condition precedent for exercising jurisdiction under section 18(2a) is satisfied where an assessee, whether negligently or not, has, while making full disclosure of his net wealth,acted honestly. this necessarily implies that in some cases the assessee might be negligent in making a disclosure about ..... a complete disclosure of his net wealth in the return required to be filed under section 14 of the wealth-tax act. the form in which the return is to be filed has been prescribed by the rules framed under the act. there are various annexures to this form in which the information and particulars of various .....
Tag this Judgment!Court : Allahabad
Decided on : Mar-27-1973
Reported in : AIR1974All46
..... and asghar ali khan were proprietors of the land or not. the auction had taken place on 7.10-1942 when the u. p. tenancy act was in force. section 206 of the u. p. tenancy act lays down the rights and liabilities of a grove holder. it says that the rights of the grove holder subsist so long as the grove land ..... retains its character as such, and on the land ceasing to be grove land, the holder shall become hereditary tenant of such land. the said section, further authorises a grove holder ..... law applicable to him. the notification speaks of agricultural land 'or any interest in such land'. even if the appellant was not a proprietor, he had, in view of section 206 referred to above, sufficient interest in the land so as to bring it within the purview of agricultural land as envisaged by the aforesaid notification. the first submission of .....
Tag this Judgment!Court : Allahabad
Decided on : Sep-21-1973
Reported in : AIR1974All70
..... fixed by the board is bad because it has not been fixed after considering the factors mentioned in clauses (b) and (d) of sub-section (2) of section 49 of the electricity (supply) act, 1948 under which the board while fixing the uniform 'tariff' should have regard to the co-ordinated development of the supply and distribution of ..... board to modify the terms in regard to the supply of electrical energy including the minimum guaranteed payment therefore. 4. it was then urged that section 49 of the electricity (supply) act, 1948 does not entitled the board to vary the minimum guaranteed charges. even so, the board having power to vary those charges under the ..... 6428 of 1970 zila power upbhokta sangh v. union of india (decided on 26-4-1972) (all) about the construction of term 'traiff contained in section 49 of the electricity (supply) act, 1948. he referred the entire writ petition to a larger bench although the writ petition raises several other questions as well. 2. the petitioners entered .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-31-1973
Reported in : AIR1974All144
..... decision of the calcutta high court in jatendra chandra bandopadhya v. rebateemohan das : air1935cal333 . in this case the following observation was made by the bench:'section 15. limitation act, however, refers to a suit or an application for the execution of a decree. the application for delivery of possession by the auctioneer purchasers may be ..... of the decreeholder or even by a judgment debtor are all applications made in the execution proceedings. the question, therefore, would arise that does section 15 of the limitation act apply only to the decree-holder or his assignee who makes the execution application or even to the auction purchaser. there can be no doubt ..... to move an application for delivery of possession of the property purchased by him.11. in this connection, reference can be made to section 15 of the limitation act, which reads as below:'section 15 (1). in computing the period of limitation prescribed for any suit or application for the execution of a decree, the institution .....
Tag this Judgment!Court : Allahabad
Decided on : May-21-1973
Reported in : AIR1973All582
..... estoppel. firstly, no such plea seems to have been pressed before either of the courts below. secondly, such a plea is not even legally maintainable. section 3 (c) of the act aforesaid specifically requires permission in writing, and acquiescence by the landlord cannot be placed on the same footing as permission in writing. moreover, there would ..... be no estoppel in such matters. in j.r. sethi v. d.d. jain : air1972sc1727 while considering the provisions of section 111 of the transfer of property act, it was held that the lessor is not debarred from determining the lease or filing a suitfor ejectment merely because the lessee has made constructions to ..... has occurred prior to the transfer. in mannikkam v. rathnaswami, air 1919 mad 1186 it was held that the words 'all the rights' in section 109 of the transfer of property act include the right to recover possession by terminating tenancy of a previous lessee by giving the necessary notice to quit. in somesundaran v. m. p .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-05-1973
Reported in : AIR1973All445
..... pleased to set aside the order dated 1-5-1965 passed by the commissioner. lucknow division. lucknow, in revision no. 46 of 1964 and grant permission under section 3 of the above act to the landlord/ petitioner to file a suit for ejectment of the tenant-opposite party in the civil court.'i have heard arguments of sri badra habib siddiqui ..... is not a speaking order; therefore, the order was passed in violation of the rule of natural justice and such an order being a nullity the bar of section 16 of the act did not apply and the jurisdiction of the civil court was not excluded, as erroneously held by the lower appellate court. the order of the state government ..... ejectment against the defendant. one of the grounds on which the suit was resisted in the trial court was that the order of the state government passed under section 7-f of the act was without jurisdiction and ultra vires. it is not necessary for purposes of the present appeal to state the other pleas taken for the defendant. the munsif .....
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