Court : Delhi
Decided on : Aug-03-1989
Reported in : 1989(25)LC283(Delhi); [1990]182ITR361(Delhi)
..... in illa dalmia's case [1987] 168 itr 306, this court also observed that even if one accepted the contention that the application was not traceable to section 35 of the act, even then a reference application could not be filed because of arunachalam chettiar's case : [1953]23itr180(sc) . but the said observation of this court ..... the order had been passed by it in exercise of its powers under section 254 of the act. 11. secondly, we are also of the opinion that the income-tax appellate tribunal can have no power to pass any order on merits, in exercise ..... pertinent to note that the respondent did not raise such an objection before the tribunal, when the tribunal was dealing with the application of the petitioner under section 256(1) of the act. if such an objection had been raised, the tribunal would itself have possibly clarified though, in our opinion, no clarification was required, stating that .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-03-1989
Reported in : AIR1990P& H93; (1990)97PLR56
1. This/appeal is directed against the order of the first appellate Court remitting the case for retrial after allowing amendment of the written statement.2. The petitioners (for short the 'plaintiffs') filed a suit for permanent injunction restraining the respondents (for short the 'defendants') from interfering in their peaceful possession on the disputed plot. During the pendency of the suit, the plaintiffs were forcibly dispossessed necessitating the amendment of the plaint which was allowed, the relief in the plaint was confined for decree for possession. The learned trial Judge on appraisal of the entire evidence found that the plaintiffs were the owners of the plot composed in Khasra No. 791 and decreed the suit. The defendants being aggrieved by it filed first appeal which was entrusted for disposal to Shri S.S. Kanwal, Additional District Judge, Ludhiana. During the pendency of the first appeal, applications for amendment of the written statement, appointment of a local commis...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-04-1989
Reported in : AIR1990P& H50
..... judgment will be the same as stated in the plant. 2. the plaintiffs were the tenants on the suit land. respondents-defendants filed an application under section 14a(i) of the pubjab security of land tenures act, 1953 fortheir ejectment. the appplication was allowed by the assistant collector 1st grade, gohana vide order dated 24th september 1966 ordering their ejectment. the order ..... trespasser and he has no term and no estate or title. he is merely in occupancy without right and wrongfully.7. article 139 of the limitation act 1908 equivalent to article 67 of the limitation act, 1963 provides a period of 12 years for filing a suit for possession by the landlord against a tenant who continues to remain in possession of .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-04-1989
Reported in : 1990ACJ41; AIR1990All30; [1993]76CompCas624(All)
..... amendment of certain provisions therein. thus where there is a repeal of an enactment, the consequences laid down in s. 6 of the general clauses act will follow unless, as the section itself says, a different intention appears. in the case of a simple repeal there is scarcely any room for expression of contrary opinion. but when ..... right although it may place a bar against the remedy by suit.7. under s. 217 of the new act while repealing the old act certain savings have been made relating to some investigation etc. as enumerated in sub-section (2) thereof. these provisions do not specifically include the saving in respect of pending claim petitions. this seems ..... clauses of s. 217(2), s. 6 of the general clauses act also has been made applicable. section 6 of the general clauses act to the extent relevant for our purpose is as under:--'where this act or any central act or regulations made after re-enforcement of this act repeals any enactment hitherto made or hereafter be made, then, unless .....
Tag this Judgment!Court : Kerala
Decided on : Aug-04-1989
Reported in : [1991]71CompCas652(Ker)
..... supreme court in gujarat state financial corporation v. natson ., air 1978 sc 1765 ; [1979] 49 comp cas 187 has considered the nature of proceedings under section 31 of the act. considering the nature of the reliefs the court can grant, the scope of investigation of the claim and scheme of therelevant provisions, the supreme court held that the ..... p. finance corporation, air 1985 hp 108, where the court held, relying on an earlier unreported decision of a division bench of that court, that since section 32 of the act is silent in regard to provision for future interest, the district court has no jurisdiction to award such future interest. with great respect, we are unable to ..... principal amount due in accordance with the terms of the agreement between the parties till the entire amount due was paid as per the order passed under section 32 of the act'. even going by the provisions of order xxxiv, rule 3 of the code, the corporation is entitled to interest till payment or realisation. see man .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on : Aug-04-1989
Reported in : (1989)(44)ELT752TriDel
..... appellants submitted that in calculating the value of clearances, the collector has accepted the position that the value should be determined in accordance with the provisions of section 4 of the central excises & salt act, 1944 and having done so, the learned consultant pointed out that the collector as well as the board had not given due consideration to the deduction of ..... , in respect of turnover discount also, the appellants were making it available to the dealers uniformally. the learned consultant further argued that it was not stipulated in section 4 of central excises & salt act, 1944 that the trade discount to be admissible should be uniformally given. he relied upon the gujarat high court judgement in the case of union of india v .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-04-1989
Reported in : AIR1990All22
..... preliminary question.4. this court, after hearing the counsel for the applicant, is satisfied that on the facts and in the circumstances of the case, the court below did not act illegally or with material irregularity in exercise of jurisdiction in declining to decide the question of maintainability of the application of the defendant-opposite party, first set, under o. ix .....
Tag this Judgment!Court : Kerala
Decided on : Aug-04-1989
Reported in : AIR1990Ker69
..... between what can be performed and the subject-matter of the contract. in these circumstances, the ingredients of clause (a) of sub-section (3) of section 12 of the specific relief act are present in the instant case, 12. the further question to be considered is whether the 7th defendant (plaintiff in the specific performance ..... she is entitled to specific performance of her share at least by paying the proportionate value. section 12(4) of the present specific relief act corresponds to section 16 of the specific relief act, 1877. section 16 of the specific relief act came up for consideration before the madras high court in abdul aziz v. abdul sammad, air ..... suit is within time, delay issanctioned by law. in satyanarayana v.yelloji rao, air 1965 sc 1405, construingsection 22 of the specific relief act, 1877 (corresponding to section 20 of the 1963 act) theirlordships observed as follows (at p.1409):- '(7) mr. lakahmaiah cited a long catena of english decisions to define the scope of .....
Tag this Judgment!Court : Kolkata
Decided on : Aug-04-1989
Reported in : [1993]204ITR651(Cal)
suhas chandra sen, j.1. the tribunal has referred the following questions of law to this court under section 256(2) of the income-tax act, 1961 ('the act'), for our opinion :'1. whether, on the facts and in the circumstances of the case, the tribunal was justified in law in holding that the sum of rs. 14,53, .....
Tag this Judgment!Court : Karnataka
Decided on : Aug-04-1989
Reported in : AIR1990Kant5; ILR1989KAR2425
..... mala fides or excess of power. its exercise rests on materials which are not examinable by courts. indeed it is difficult to imagine how the grounds of section (satisfaction?) under art. 356(1) could be examined when article 74(2) lays down that the question whether any, and if so, what advice was ..... legislators had circumvented the anti defection legislation, the primary aim of which is to discourage the toppling game by legislators by changing their loyalties, and by acting upon those letters the legislators were permitted, in substance, to play the game of toppling the ruling ministry without incurring the consequences of anti-defection law ..... adverting to the facts of the case on hand the learned counsel contended that before submitting his report recommending for the dissolution of the assembly the governor acted with desperate haste inasmuch as on admitted facts there was no demonstrable breakdown of the stale government's machinery. having taken us through the reports of the .....
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