Court : Supreme Court of India
Decided on : Jul-27-1989
Reported in : AIR1989SC1778; JT1989(3)SC305; 1989(2)SCALE1450; (1989)3SCC558; [1989]3SCR560; 1989(2)LC521(SC)
..... made in such revision application as set out above, shall be subject to any order passed by the state government under section 7f of that act. sub-section (d) of section 2 of the u.p. rent act of 1947 gives an inclusive definition of the term 'district magistrate' and states that the said term would include an officer ..... the general public for the regulation of idling and rent of, and the eviction of tenants from, certain classes of buildings situated in the urban areas. section 21 of this act provides for release of a building under occupation of the tenants, that is, very briefly, for the eviction of tenants from the buildings under tenancy ..... revision petition against that said order was dismissed by the commissioner, rukhilkhand division, as we have already pointed out earlier. the order passed under section 7f of the u.p. rent act of 1947 by the state government also dismissed the revision petition preferred by the tenant to the state government. the order of the state government .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-27-1989
Reported in : JT1989(3)SC231; 1989(2)SCALE99; (1989)4SCC43; [1989]3SCR569
..... 324, 504, 114 ipc, 135(1) b.p compounded 2. maninagar 120/86 sections 336, 337, 427, 114 ipc compounded 3. kagdapith 225/87 section 135(1) b.p. conviction 4. maninagar 122/86 sections 307/451, 147, 148, 149, 436, 440, not proved 120b ipc 258 arms act, 3, 4, explosive. 5. maninagar 33/88 secs. 324, 504, 114 under in- ipc, 135(1 ..... ) b.p. act investigation. 6. kagdapith 51/88 307, 232, 114 ipc, under 135(1 ..... ) b.p. act, investigation. 7. kagdapith 81/88 326, 114 ipc .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-27-1989
Reported in : JT1989(3)SC228; 1989(2)SCALE77; (1989)4SCC55; [1989]3SCR591; 1990(1)LC11(SC)
..... paragraph 4(d) of the plaint, plaintiff pleaded that the suit land was not 'land' and was not banjar (waste) and did not come within section 154(1)(i) to (vii) of the act and, therefore, there was no vesting in law. the proprietor, according to the plaintiff, grew fuel wood and partly used the property as ghat wars ..... . 4. the only other submission advanced on behalf of the plaintiff for our consideration is that the disputed property did not constitute 'land' as defined in section 3(13) of the act and, therefore, the right, title and interest of the appellant as proprietor of the property was in no way affected by the provisions of the ..... the case of haiti v. sunder singh : [1971]2scr163 settled the legal position that a claim under section 11 of the act for declaration of bhumidari right was not maintainable in the civil court in view of section 185 of the act read with schedule i and exclusive jurisdiction for adjudication of such claims vested in the appropriate revenue court. .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-31-1989
Reported in : AIR1990SC313; 1989(24)ECC199; 1989(43)ELT205(SC); [1990]184ITR548(SC); (1989)4SCC1; [1989]3SCR596; 1989(2)LC576(SC)
..... of law. indeed the appellant had to pay the tax in view of the notices which were without jurisdiction. it appears that the assessment was made under section 9(3) of the act. therefore, it was without jurisdiction. in the premises it is manifest that the respondents had no authority to retain the money collected without the authority of law ..... which the judgment declaring as void the particular law under which the tax was paid was rendered. it was held in d. cawasji (supra) that although section 72 of the contract act has been held to cover cases of payment of money under a mistake of law, as the state stands in a peculiar position in respect of taxes paid ..... such suits has been accepted as the guideline, though little more latitude is available in the former.18. a tax paid under mistake of law is refundable under section 72 of the indian contract act, 1872. in sales tax officer v. kanhaiya lal, : [1959]1scr1350 where the respondent, a registered firm, paid sales tax in respect of the forward .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-31-1989
Reported in : [1990]69CompCas16(SC); JT1989(3)SC327; (1989)4SCC1a
..... of law. indeed the appellant had to pay the tax in view of the notices which were without jurisdiction. it appears that the assessment was made under section 9(3) of the act. therefore, it was without jurisdiction. in the premises it is manifest that the respondents had no authority to retain the money collected without the authority of law ..... which the judgment declaring as void the particular law under which the tax was paid was rendered. it was held in d. cawasji (supra) that although section 72 of the contract act has been held to cover cases of payment of money under a mistake of law, as the state stands in a peculiar position in respect of taxes paid ..... such suits has been accepted as the guideline, though little more latitude is available in the former.17. a tax paid under mistake of law is refundable under section 72 of the indian contract act, 1872. in sales tax officer v. kanhaiya lal : [1959]1scr1350 where the respondent, a registered firm, paid sales tax in respect of its forward .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-01-1989
Reported in : AIR1990SC255; [1989(59)FLR770]; JT1989(3)SC310; (1989)IILLJ572SC; 1989(2)SCALE158; (1989)3SCC582; (1989)3SCC582a; [1989]3SCR640; 1989(2)LC612(SC)
..... :this argument must be rejected, because when the appropriate government considers the question as to whether a reference should be made under section 12(5), it has to act under section 10(1) of the act and section 10(1) confers discretion on the appropriate government either to refer the dispute, or not to refer it, for industrial adjudication according ..... that the notice has been frivolously or veraciously given or that it would b inexpedient so to do, make a reference under this sub-section notwithstanding that any other proceedings under this act in respect of the dispute may have commenced; provided also that where the dispute in relation to which the central government is the appropriate ..... court came to the conclusion that the civil court has the jurisdiction to try the suit and the suit is not barred because of section 14(1)(b) of the specific relief act. against this order of the trial court a revision petition was taken to the high court and by the impugned judgment the high court .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-01-1989
Reported in : AIR1989SC1796; (1989)91BOMLR246; JT1989(3)SC259; 1989(2)SCALE176; (1989)4SCC532; [1989]3SCR616
..... or direction as this hon'ble court may deem fit, be passed.2. it has been pointed out by the learned counsel for the petitioners that section 125 of the maharashtra act no. 37 of 1966 contemplates, inter alia, that any land required, reserved or designated in a development plan for a public purpose shall be ..... or by the government.it was further held : -the provision under consideration in the above decision corresponds to section 11 and to section 84, of the act, which we are now considering. section 59 of the nagpur improvement trust act, 1936 provided that the trust might, with the previous sanction of the state government acquire land under the provisions ..... learned counsel for the petitioners is that notwithstanding the specific relief (f) referred to above, the petitioners are really not challenging the validity of sections 10, 11 and 23 of the act but they are challenging the action which is being taken with regard to the petitioners' land on the ground that it is discriminatory. we .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-01-1989
Reported in : AIR1989SC1819; (1990)1CALLT41(SC); JT1989(3)SC301; 1989(2)SCALE250; (1989)3SCC552; [1989]3SCR632; 1989(2)LC628(SC)
..... .9. the main question which remains to be decided is whether in the circumstances, the plaintiffs' case, based on alleged violation of the act can be accepted. section 14 enjoins that after the commencement of the act no tenant shall, without the previous consent in writing of the landlord, sub-let the whole or any part of the premises held by ..... of res judicata to the present litigation. he inter alia argued that having regard to the change in the law brought about by the 1956 act and specially in view of the provisions of sections 13, 14 and 16, the appellants are entitled to a decree.8. the factual position is that there are 16 sub-tenants as mentioned ..... ltd v. h. c. sharma : [1988]1scr1023 ; a case arising under the delhi rent control act. an examination of sections 14(1)(b), 16, 17 and 18 of the delhi rent control act would show that the two acts (west bengal act and the delhi act) are similar so far the present question is concerned. in the present case, since it is not suggested .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-07-1989
Reported in : AIR1989SC2202; JT1989(3)SC398; 1989(2)SCALE233; (1989)4SCC179; [1989]3SCR719; [1989]75STC118(SC)
..... the definition contained in clause (c). this is also the finding of the tribunal and is also admitted by the assessee. likewise, the provisions of section 5 of the sales tax act and section 3 of the surcharge act, read with the definitions of the words 'turnover' 'taxable turnover' and 'total turnover', leave no doubt that the assessee's taxable turnover has to ..... respect of tax, the society can be assessed to sales tax only on the aggregate turnover relating to those of its' principals who are liable to tax under section 5 of the act. the high court has rightly pointed out that the assessee had not claimed, for purposes of sales tax, that the turnover of goods dealt with by it ..... in respect of the turnover of the principals where total turnover is not less than rs. 30,000.this will also mean that, after the amendment of section 3 of the surcharge act in 1976 that the agent will be liable to a surcharge at 8% in respect of the turnover on behalf of principals whose total turnover exceeds rs. .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-11-1989
Reported in : AIR1989SC2222; II(1990)BC148(SC); 1989CriLJ2301; 1989(3)Crimes109(SC); JT1989(3)SC347; 1989(2)SCALE262; (1989)4SCC59; [1989]3SCR834
..... . 40 of 1983 in the court of special judge, anti-corruption, only as against the respondent r.k. srivastava. in quashing the proceedings in the exercise of its jurisdiction under section 482, cr.p.c, the high court took the view that allegations made in the first information report (fir) did not constitute any offence. in order to appreciate the view ..... of the said fir the respondent and the said p.c. saxena and shri sarwant singh were charged under sections 120-b, 420, 468 and 471, i.p.c. and section 5(2) read with section 5(1)(d) of the prevention of corruption act, 1947. according to the appellant, as no prima facie case was made out against smt. rajwant kaur, wife of ..... cheque no. 502206 dated 2-6-82 for rs. ,16,800/- = rs. 54,600/-.the above 'facts constitute offence punishable under sections 120-b, 420, 468, 471, i.p.c. and 5(2) r/w 5(1)(d) of pc act, 1947.a regular case is therefore registered and its investigation is entrusted to shri v.p. arya, inspector of this establishment .....
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