Court : Supreme Court of India
Decided on : Aug-16-1973
Reported in : AIR1973SC2537; 1974MhLJ1(SC); (1973)2SCC705; [1974]1SCR381
..... possession of the plaintiff and not of adverse possession of the defendant, the question of limitation in one sense becomes the question of title, because by virtue of section 28, limitation act. if the claim is barred by time, the title must be deemed to be extinguished.9. it is true that the extinction of title took place in ..... action in the previous suit was entirely different. indeed, it was the defendants-respondents who had sought relief there and set up a cause of action. section 14 of the limitation act of 1908, which is the only provision of the statute specifically dealing with exclusion of time spent in another litigation, could not obviously apply to the case ..... is not necessary that the issue farmed must mention the provision of law to be applied. indeed, it is the duty of the court, in view of section 3 of the limitation act, to apply the bar of limitation where, on patent facts, it is applicable even though not specifically pleaded. therefore, we find no force in the submissions .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-24-1973
Reported in : AIR1973SC2281; [1973(27)FLR74]; (1973)IILLJ330SC; (1974)3SCC239; [1974]1SCR67
..... noted from the above notification that the state government had withdrawn its previous order referring the dispute by virtue of powers stated to be conferred under sub-section (1) of section 6-g of the act. we have also referred to the fact that the award in reference no. i was published in the state gazette on may 6, 1961. it ..... obligation on the state government to make the order in writing and also give reasons for the action taken by it. the counsel very heavily relied on section 6-d of the act and urged that this power of withdrawing a reference can be exercised till the date when the award becomes enforceable. therefore, the mere fact that an award ..... 1960, referring the same question of retirement of workmen to labour court at gorakhpur; now, therefore, in exercise of the powers conferred by sub-section (1) of section 6-g of the u.p. industrial disputes act, 1947 (up. act no. xxviii of 1947), the governor is pleased to order that g.o. no. 785(lc)/xviii-la-97(gr)/1959, dated october .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-18-1973
Reported in : AIR1973SC2734; 1973(0)KLT896(SC); (1973)2SCC713; [1974]1SCR671
..... of agrarian reform is essential, apart from taking over of janman rights, to make the law valid. in the present case a concrete agrarian project is presented by section 10 of the forest act. a substantially similar programme was considered by this court in kannan devan's : [1973]1scr356 . case and approved as sufficient to impart to the statute invulnerability ..... a scheme for agrarian reform and we do not see any good reason why we should take a different view with regard to the scheme envisaged in section 10 of the impugned act.36. the high court thought that the scheme was not real or genuine but illusory and has given some reasons in para 12 of the judgment ..... rights being an 'estate' are liable to be acquired by the state under article 31a(1)(a) as a necessary step to the implementation of agrarian reform. section 3 of the impugned act vests the ownership and possession of all private forests in the state. therefore they would attract the protection of article 31a(1). it would not be, in .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-16-1973
Reported in : AIR1973SC2258; 1975(0)BLJR242; [1973]90ITR97(SC); (1974)3SCC126; [1973]3SCR973
..... or tenure-holder shall cease to have any interests in such estate or tenure, other than the interests expressly saved by or under the provisions of the act. section 19 makes provision for the appointment of compensation officer who shall in the case of an estate or tenure which has vested in the state, prepare in ..... have been disposed of, there has to be a final publication of the compensation assessment-roll in accordance with section 28 of the act. section 32 provides for the manner of payment of compensation. sub-section (2) of that section reads.the amount of compensation so payable in terms of a compensation assessment-roll as finally published shall be ..... -holder to the compensation. the assessee, in our opinion, was vested with a right to get compensation immediately his land was vested in the state. section 2(e) of the act defines 'assets' to include property of every description, movable or immovable, but does not include certain catagories of property with which we are not concerned. .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-11-1973
Reported in : AIR1974SC1069; (1974)1SCC567; [1974]2SCR655
..... assumed unless the relevant statute expressly or by inevitable implication does so. the question thus further resolves itself into the issue : how far section 9(1) of the abolition act confers exclusive jurisdiction on the settlement officer to determine inam estates?35. this matter is not res integra. in addenki tiruvenkata thata desika ..... dated september 16, 1952, of the estate abolition tribunal, respectively, be read as additional evidence. it was contended that the amending act 20 of 1960 had added section 9a to the abolition act, as a result of which, the order of the settlement officer had acquired 'statutory validity'; and since the appellants did not ..... the subordinate judge, srikakulam against the state government for a declaration that kadakalla village was not an 'estate' under section 3(2)(d) of 1908 act, and consequently, the rent reduction act and the abolition act were not applicable to it. the trial court decreed the suit. aggrieved by the decree, the state preferred an .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-02-1973
Reported in : AIR1973SC2415; (1973)2SCC506; [1974]1SCR299; 1973(5)LC771(SC)
..... the soil. the definition of 'bhil naik inam' makes it clear that the grants were of the villages or lands and not of the income or revenue. section 2 of the act defines 'bhil naik inam'; bhil naik inam' means the grant of a village or land for service useful to government on political considerations in accordance with the ..... all rights in and over the same or appertaining thereto to be the property of the state government. then comes section 7.4. sub-section (1) of section 7 states that if any person is aggrieved by the provisions of this act as abolishing, extinguishing or modifying any of his rights to or interest in, property, such person may apply to ..... were entitled to compensation on the abolition of the bhil naik inams under the provisions of section 7(1) of the act.3. the object of the act was to abolish the bhil naik inams held for service useful to government on political considerations. section 4 states that all bhil naik inams shall be deemed to have been abolished and that .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-05-1973
Reported in : AIR1973SC2090; (1973)1SCC840; [1973]3SCR918
..... of 1970 did not lie. it was strenuously pressed by shri balasubaramania iyer the counsel for the appellant wife that the husband's application under section 25, guardians and wards act was not competent because none of the children had been illegally removed from the lawful custody of their father, the custody of the two children ..... minors in the present case, according to the wife, would be best served if they remain in her custody.17. in our opinion, section 25 of the guardians and wards act contemplates not only actual physical custody but also constructive custody of the guardian which term includes all categories of guardians. the object and purpose of ..... judgments. gokulakrishnan j., commenting on the judgment of maharajan j., observed thus :maharajan j. in his judgment under appeal no doubt referred to section 19 of the guardians and wards act, but would observe that if the court finds that the welfare of the minor children could be protected only in the maternal custody, the court .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-27-1973
Reported in : AIR1974SC405; (1974)3SCC719; [1974]2SCR429
..... election expenses are well within the limit of rs. 12,000/- and consequently the appellants' charge against the first respondent for committing corrupt practice under sub-section (6) of section 123 of the act is not established.72. under the first head of corrupt practice as we have seen earlier, the allegation is that at the public meeting held on ..... his workers with his consent or the consent of his election agent, and as such there was no corrupt practice committed within the meaning of sub-section (3) of section 123 of the act.33. this finding has been attacked by the learned advocate for the appellants on the ground that the appreciation of evidence by the learned judge of ..... election of that candidate which prejudicially affects the election of any candidate, then he will be guilty of a corrupt practice within the meaning of sub-section (3) of section 123 of the act. there is no doubt that exts. 42 and 43 make a communal appeal to kunbi and teli voters to vote for respondent no. 1. not .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-28-1973
Reported in : AIR1973SC1293; (1973)2SCC238; [1973]3SCR783
..... the lease involved in these cases was a lease for the purpose of erecting buildings and that accordingly it falls within the purview of clause (d) of sub-section (1) of section 2 of the act. it is urged that clause (d) is violative of articles 14, 19 and 31 of the constitution and is invalid. on that premise being correct, it is ..... are set aside. the high court will restore the appeals and the suits to their original numbers. the appeals will be decided on merits when the appropriate authority under section 5 of the act has held that the land in dispute is not an 'agricultural area'. if it is held by him that the land in dispute is an 'agricultural area' and ..... does not include land for the time being occupied by buildings or appurtenant thereto other than the buildings which are improvements. the word 'grove-holder' is defined in section 205 of the said act. a person who has planted a grove on land which was let or granted to him by a landlord for the purpose of planting a grove is called .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-16-1973
Reported in : AIR1973SC2117; (1973)2SCC324
..... further evidence the appellate judge dismissed all the appeals and confirmed the rents fixed by the rent controller. the appellant then moved the high court under section 32(4) of the 1950 act and obtained three rules. by a common judgment dated july 24, 1961 the high court made certain increases in the rents in respect of block ..... ' included any suit, appeal, review or revision, application for execution or any other proceeding whatsoever under the act of 1950. sub-section (2-a) of section 40 which was inserted by section 4 of the west bengal premises tenancy (amendment) act 1959 was to the following effect:(2a) for the removal of doubts it is hereby declared that notwithstanding any ..... on december 1, 1941 plus an addition upto 10% for residential letting and upto 15% for non-residential letting. but under section 8(1)(e) of the act of 1956 which repealed the earlier act the basis of fixing a fair rent was quite different. it was to be reasonable rent based on the prevailing rents in the .....
Tag this Judgment!