Court : Delhi
Decided on : Jan-29-1973
Reported in : AIR1974Delhi35; 1973RLR295
..... period prescribed and thereforee had sufficient cause for the court's exercising its discretion in extending the period of limitation in view of the provisions of section 5 of the limitation act and also the fact whether the appellant 'was prevented from sufficient cause from not malting an application for the substitution of the legal representatives within ..... defect and an order which could not be so attacked. in the trial court had passed an order contrary to a provision of the limitation act, then section 3 of the limitation act enjoined the court to dismiss any suit etc., filed after the period of limitation and, thereforee, in passing such an order, the court would ..... to its jurisdiction. such an order would, thereforee, be liable to be interfered with in revision under section 151 c. p. c. on the other hand, under section 3 of the limitation act, the court had, the discretion to admit an application etc., even after the expiry of the specified period of limitation if it is satisfied .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-29-1973
Reported in : AIR1973SC927; [1973]88ITR192(SC); (1973)1SCC442; [1973]3SCR448; 1973(5)LC583(SC)
..... the amount demanded under section 156 of the act but the amount assessed under section 143 of the act.in appeal, the appellate assistant commissioner confirmed the order of the income-tax officer. on a further appeal, the tribunal came to the ..... ,734/10 p. at this stage it may be mentioned that on february 2,1961, a provisional assessment was made by the income-tax officer under section 23b of the 1922 act. immediately thereafter the assessee deposited rs. 92,294/55 p. in determining the penalty due from the assessee, the income-tax officer took into consideration not ..... the informed the assessee that no further time would be allowed. the assessee failed to furnish its return within the extended time. thereafter a notice under section 28(3) of the 1922 act was served on the assessee on january 16, 1961. on the very next day viz. january 17, 1961, the assessee filed its return for the .....
Tag this Judgment!Court : Delhi
Decided on : Jan-29-1973
Reported in : [1973(27)FLR207]; ILR1973Delhi29; 1974LabIC223
..... posts of superintendent. we have held that the question as to whether there was victimisation or not was an 'industrial dispute' as defined in section 2(k) ofthe industrial disputes act. as regards discrimination, in view of our decision that the industrial finance corporation of india is not 'state' withinthe meaning of article 12 ..... the workmen or employees which is connected with the employment or conditions of labour, and is as such an 'industrial dispute' as defined in section 2(k) of the industrial disputes act. (12) as regards discrimination mentioned in the terms of reference, the contention of the employees' association was that the industrial finance corporation ..... promotion. he reiterated that the dispute which was referred to the additional industrial tribunal fell within the ambit of 'industrial dispute' as defined in section 2(k) of the industrial disputes act. (7) the civil writ petition was heard by v.s. deshpande, j. it was contended on behalf of the corporation, inter alia, .....
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 : Madhya Pradesh
Decided on : Jan-29-1973
Reported in : AIR1973MP248; 1973MPLJ103
..... was instituted.10. the mortgagees were in possession of the suit house. they were receiving rents, which amounted to part payment within the meaning of sub-section (2) of section 20 of the act, which reads thus:--'where mortgaged land is in the possession of the mortgagee, the receipt of the rent or produce of such land shall be deemed to ..... meaning.'25. we are clearly of the view that the word 'rent' cannot be read as ejusdem generis with 'produce' in section 20 (2) of the act.the principle of sub-section (1) of section 20 of the act is that a payment on account of a debt or of interest should give a fresh start of limitation for a suit for ..... to be within limitation.27. there is yet another ground for which the suit must be held within limitation. it is by giving 'the plaintiff benefit of section 19 of the limitation act it may be recalled that there was a partition among the three brothers, anoopchand, santokchand and meharchand. in this court, the plaintiff-appellant made an application .....
Tag this Judgment!Court : Gujarat
Decided on : Jan-29-1973
Reported in : 1974CriLJ1189; (1974)15GLR183
..... case of tolaram, 56 bom lr 1206 : 1954 cri lj 1333 or not. it is significant to note that after referring to the wording of sub-section (1) of section 18 of the act and formulating the question whether the answer given by the full bench to the question referred to, is right, and whether the receipt of a sum of ..... the supreme court has considered the opinion expressed in that case by the full bench of the bombay high court in regard to the interpretation of this sub-section (1) of section 18 of the act. in that case, the matter was first heard in the bombay high court by a division bench of the bombay high court, consisting of gajendragadkar and ..... chainani, jj., on 8th october, 1952. in that case, the appellants were charged under section 18(1) of the act in question for receiving from shanker das gupta through mathuradas on 23rd november, 1950, a sum of rs. 2, 400/-, as premium or pugree in respect of grant .....
Tag this Judgment!Court : Kerala
Decided on : Jan-29-1973
Reported in : AIR1974Ker4
..... this decision the import trade control policy in respect of this item was stated in the book import trade control policy commonly called the 'red book' in section 3 of that book under the heading 'list of items the import of which is canalised through the state trading agencies' cashewnut is included and it is stated ..... seen that thp state trading corporation ltd. controls the 2nd respondent and the former is controlled by the central government. under the import and export control act and import control order the government have undertaken to discharge certain duties in the matter of import of cashewnuts and its distribution on withdrawing the open general ..... this court under article 226 and seek for appropriate directions or orders.12. the contention that the 2nd respondent is a company registered under the companies act and therefore is not a public authority amenable to the writ jurisdiction is unsustainable in the light of what has been stated above regarding the relationship of .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-30-1973
Reported in : [1974]33STC444(AP)
..... is carried on or undertaken with a profit-motive or not and whether or not any gain or profit accrued therefrom. under sub-clause (ii) of section 2 (bbb) of the act, any transaction in connection with, or incidental or ancillary to, such trade, commerce, manufacture, adventure or concern, also amounts to business. this definition would ..... consideration' used in section 2(n) of the act must mean any monetary payment other then payment in the nature of cash or deferred payment. in other words, payment of money by way of bank ..... mr. mahadev that the supply of food by the assessee to its servants amounts to 'sale' as there was 'valuable consideration' within the meaning of section 2(n) of the act and there was profit-motive, cannot be acceded to. valuable consideration cannot be equated to the payment of wages in kind. the expression 'any other valuable .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-30-1973
Reported in : AIR1974P& H43
..... applicable to present case.7. the learned counsel for the state has also urged that an alternative remedy is available to the petitioner under sub-section (2) of section 100 of the act and this court should not interfere in the present case. i am also unable to agree with the learned counsel for the state. alternative ..... suspended and further action by the panchayat and lessee is stayed. further construction is also prohibited. issue show cause notice and summon record.'6. under section 97 of the act, the deputy commissioner can suspend the execution of any resolution or order of the gram panchayat other than an order passed in the judicial proceedings. before ..... deputy commissioner in which it is stated that he suspended the resolution of the gram panchayat under the provisions of sub-section (1) of section 97 of the gram panchayat act, 1952(hereinafter referred to as 'the act') and that he had the jurisdiction to do so. a notice was also given to the petitioner. the petitioner cannot .....
Tag this Judgment!Court : Kolkata
Decided on : Jan-30-1973
Reported in : AIR1973Cal302,77CWN566
..... review was filed on the 20th december, 1971 on being affirmed by a tadbirkar; and that subsequently on the 13th january, 1972 an application under section 5 of the limitation act was filed, being affirmed by the petitioner himself. there is much force behind the contentions of mr. panda that the application filed for review is ..... no explanation of 'the delay made thereafter day by day' and i hold that the grounds stated do not constitute 'sufficient reasons' as enjoined under section 5 of the indian limitation act. limitation is an important branch of adjective law resting on sound principle; it is a statute of repose, peace and justice. the intentions behind ..... mr. bhupendra nath mitra appearing on behalf of the petitioner in both the rules made a twofold submission--firstly that there is sufficient reason under section 5 of the indian limitation act for a condonation of the delay in filing the application for review and secondly on merits. in this context, he urged that there should be .....
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