Court : Delhi
Decided on : Feb-15-1973
Reported in : 9(1973)DLT242; 1973RLR479
..... the landlord for institution of a proceeding for the eviction of the tenant. as observed by the supreme court under somewhat similar circumstances in the context of section 171 of the companies act, 1913 in bansidhar shankarlal v. mohd ibrahim, in paragraph 7, 'the suit of proceeding instituted without leave of the court may, in our judgment, ..... the supreme court in the light of the statutory provisions construed therein, i am of the view that they are not applicable to the construction of section 19 of the slums act with which i am concerned in the present case. my reasons are as follows : firstly, the permission granted by the discrict magistrate in bhagwan ..... parte against the tenant. the landlord instituted a proceeding for the evelction of the tenant before the rent controller under the proviso to sub-section (1) of section 14 of the delhi rent control act, 1958. but subsequently on 5 may, 1970 the competent authority set aside the said ex-parte order granting permission on the ground .....
Tag this Judgment!Court : Mumbai
Decided on : Feb-15-1973
Reported in : AIR1974Bom82; (1973)75BOMLR532; 1973MhLJ1051
..... by me.3. the first question that arises therefore is whether an order for payment pendent lite of the expenses of the proceeding can be made under section 36 of the special marriage act, 1954, after the substantive petition for divorce has itself been disposed of. it is the contention of mr. zaiwalla that the order of the appellate court ..... petitioner in respect of the expenses of the proceeding,having regard particularly to the fact that there is no provision in section 36 for change of circumstances such as is to be found in sub-section (2) of section 37 of the act: and (2) that the petitioner's solicitors to proceed with the present application for their own benefit. i am ..... payable from a later date if so ordered or if the parties agree (latey. p. 900). having regard to the very nature of the provision contained in section 36 of the special marriage act, 1954 the court is. however, bound to take into account all subsequent events which may be relevant to the making of an order under that .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-16-1973
Reported in : AIR1973AP315
..... where exceeds six metres ; (b) the number of persons employed on any one day does not exceed fifty ; and (c) explosives are not used in connection with the excavation. (2). notwithstanding anything contained in sub-section (1), the central government may, if it is satisfied that, having regard to the circumstances obtaining in relation to a mine or ..... or class of mines, it is necessary or desirable so to do, by notification in the official gazette, declare that any of the provisions of this act, not set out in sub-section (1) shall apply to any such mine or part thereof or group or class of mines or any class of persons employed therein. (3) without ..... case. and since one of the conditions, that is, the number of persons employed on any one day by the petitioner-company admittedly exceeds 50, all the provisions of the act including section 17 must apply to the petitioner-company.10. now, in ordinary usage, ' and ' is conjunctive and ' or ' disjunctive. but to carry out the intention of the .....
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!Court : Kolkata
Decided on : Feb-16-1973
Reported in : 1973CriLJ1505
..... private individual without a license from the corporation. that being so, a prosecution for keeping open such a private market is maintainable under section 451 read with section 537 of the act.the division bench further proceeded to observe thatto say that the owner of a private market can never be prosecuted because his market has ..... . corpn. of calcutta : 1967crilj950 . chief lustice r. subba rao delivering the majority judgment clearly made a distinction between fines realised under section 541 and under section 537 of the west bengal act xxxiii of 1951. the first going over to the corporation while the other being leviable to the state. this marked distinction is a pointer ..... defence case, inter alia, is that the prosecution case is not maintainable; that it is barred by limitation; that no declaration as required under section 5 (42) of the act was made; that no opportunity was afforded to the accused before the alleged declaration; that there has been no proper delegation on the part of .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-17-1973
Reported in : 1973CriLJ1713
..... . in cri. m. p. nos. 11863 of 1971 and 56 of 1972, d/- 24-2-' 1972 (andh pra) and contended that information of past acts alone involving breach of peace is not reasonably sufficient for proceeding under section 107, criminal p. c. in that case the preliminary order was passed by the learned magistrate on 14-8-1971. the order was passed ..... , criminal p. c. in (1967) 2 andh wr 327 : (1968 cri lj 815) (supra). kurnarayya, j. (as he then was) observed that mere acts of violence in the past would not justify action under section 107, criminal p. c. this decision of the learned judge cannot be approved either in law or on authorities which we have discussed supra.8. in all ..... p. c. in y. ramanaiah v. state. (1967) 2 andh wr 327 - (1968 cri lj 815) kumarayya, j. (as he then was) also expressed the view that mere acts of violence in the past would not justify action under section 107, criminal p. c.4. before we proceed to consider this contention it would be appropriate to notice the setting in which .....
Tag this Judgment!Court : Chennai
Decided on : Feb-17-1973
Reported in : (1974)1MLJ448
..... any of the term or terms of the draft scheme to object to its final approval by the state government. this is provided for in section 14 (1) of the act. ultimately, under section 14 (3), the state government may sanction the scheme with or without modifications or refuse to sanction the scheme as the case may be. ..... the government; the agency to provide material for such sanction is the municipality. the municipality does provide the hypothesis at the behest of the government under section 12 of the act. the primary mover of the process is the government. as the government is vested with the ultimate power to sanction draft schemes and equally call upon ..... making such enquiry as they deemed fit, sanctioned, what is known as, 'pattamangalam extension towns planning scheme, mayuram '. such a sanction was made under section 14 (3) of the act on 23th january, 1961. under the provisions of the scheme, which provided for the laying of roads and providing various amenities in the area comprised in .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Feb-19-1973
Reported in : [1974]97ITR425(P& H)
..... 9. no doubt the transaction, as it originally stood, on the face of it, was not for adequate consideration. however, by the operation of sub-section (1) of section 52 of the income-tax act, the consideration for the transfer has been 'taken to be the fair market value of the capital asset' so transferred. that being the case, the ..... of the transfer and also that the intention of the assessee in making such transfers was 'avoidance or reduction of the liability'. 5. sub-section (1) of section 52 of the income-tax act is in the following terms: ' where the person who acquires a capital asset from an assessee is directly or indirectly connected with the assessee ..... for full consideration, the idea of any gift being involved in the transaction does not arise. 11. 'gift' is denned in clause (xii) of section 2 of the gift-tax act as under: ''gift' means the transfer by one person to another of any existing movable or immovable property made voluntarily and without consideration in money or .....
Tag this Judgment!Court : Karnataka
Decided on : Feb-19-1973
Reported in : AIR1973Kant335; AIR1973Mys335; ILR1973KAR351
..... reward at separate fares paid by or for individual passengers either for the whole journey or for stages of the journey;''permit' is denned in section 2 (20) of the act as follows :' 'permit' means the document issued by the commission or a state or regional transport authority authorising the use of a transport vehicle as ..... permit when the accident took place on the road between shankarapura and pillarkhan. we are unable to agree with this contention. 'stage carriage' is defined in section 2 (29) of the act. as follows :' 'stage carriage' means a motor vehicle carrying or adapted to carry more than six persons excluding the driver which carries passengers for hire or ..... sustained injuries.3. many claim petitions by the injured and the persons entitled to compensation in view of the death of three persons were filed under section 110-a if the act. the owner and the insurer contended that the bus was not driven rashly and negligently. the owner-appellant also contended that as it had been .....
Tag this Judgment!Court : Kolkata
Decided on : Feb-19-1973
Reported in : 77CWN396,[1973]91ITR82(Cal)
..... , chapter 1 of the rules of the high court at calcutta, original side, stands impliedly repealed as that part of the rule is inconsistent with or repugnant to section 32 of the advocates act, 1961. therefore, it follows that although mr. blanco white is not an advocate of any other high court in the union of india, he can appear in any ..... that it did not pay or incur any liability to pay any fee to the said blanco white. in that circumstance the question of deduction of tax under section 195 of the said act did not arise. thereupon, the income-tax officer by his letter dated 27th february, 1970, informed the firm that in view of the alleged connection of the firm ..... his contentions mr. ginwalla referred to the english decisions, rondel v. worsley, [1969] 1 a.c. 191; [1967] 3 all e.r. 993 (h.l.) and queen v. joseph doutre, [1884] 9 app. cas: 745 (p.c.).and a decision of the supreme court in e.d. sassoon & co. ltd. v. commissioner of income-tax, : [1954]26itr27(sc) . 11. in sassoon .....
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