Court : Punjab and Haryana
Decided on : Jan-17-1989
Reported in : AIR1989P& H322
ORDERJ.V. Gupta, J. 1. This is tenant's petition against whom eviction has been ordered by both the authorities below on account of non-payment of house-tax.2. The landlord, Smt. Santosh Kumari, filed an ejectment application on 13th Jan., 1984 claiming arrears of rent @ Rs. 240/- per month with effect from 1st Oct., 1982. It is also claimed in para 4 of the ejectment application that the tenant is also liable topay house-tax at the rate of Rs. 24/- per month which he has not paid from 1st May, 1980 to 31st Dec., 1983, in spite of notice served on him on 21st April, 1980. Thus, according to the landlord, a sum of Rs. 1,032/- is also due from the tenant on this account.2A. On the first date of hearing, the tenant paid the total amount of Rs. 4,290/- including the costs and the interest. The said rent was paid up to 29th Feb., 1984, i.e. in excess for three months. In other words, a sum of Rs. 720/- equivalent of three months' advance rent at the rate of Rs. 240/- per mensem was paid in ...
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on : Jan-17-1989
Reported in : (1989)(23)LC81Tri(Delhi)
..... objection. shri c.v. durghayya, the learned jdr appearing on behalf of the appellant has pleaded that in terms of the provisions of sub-section (8) of section 2 of the customs act, 1962 'collector of customs' includes 'additional collector of customs'. he has pleaded that the authorisation in the present matter is correct and ..... not legal or proper direct the proper officer to appeal on his behalf to the appellate tribunal against such order." 3. in terms of sub-section (8) of section 2 of the customs act, 1962 "collector of customs" includes "additional collector of customs". in the definition, similar are the provisions under central excise rules.as per ..... the totality of the powers, administrative, territorial and pecuniary para 24 from the said judgment is reproduced below :- "24. the definition contained in section 2(b) of the act says in addition that central excise officer means any person (including an officer of the state government) invested by central board of excise and customs .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jan-17-1989
Reported in : II(1989)ACC262
B.B.L. Shrivastava, J.1. This appeal arises out of award dated 13-7-81 in claim case No. 28/78 of the Court of Motor Accidents claims Tribunal, Dewas, allowing no compensation to the applicant-appellant, in respect of death of his son aged about 14 years, in the accident by the M.P.S.R.T.C. Bus in question.2. Appellant-applicant's case is that deceased had died in consequence of injuries sustained due to rash and negligent driving of the said bus and compensation of Rs. 30,000/- was claimed, which was resisted on the ground that the accident in question was for no fault of the bus driver, who was also not the authorized driver, and deceased who had suddenly emerged on the road from behind a stationary vehicle himself dashed against the M.P.S.R.T.C. Bus, which had by then stopped also.3. Driver Abdul Gani NAW 1 in his evidence does not state that the deceased dashed against the M.P.S.R.T.C. bus when it had already stopped. On the other hand, he admits (NAW 1 Para 8) that his bus had sto...
Tag this Judgment!Court : Rajasthan
Decided on : Jan-17-1989
Reported in : 1989WLN(UC)494
..... and working as income tax officer at sawai madhopur, cbi, jaipur registered a case, no. 27/76, on 17th september. 1975 against him under section 5 read with section 5/2 of the prevention of corruption act and, thereafter search of the house of the petitioner, at sawai madhopur as well as (sic) family house at (sic) was conducted at ..... of the proceedings in exercise of its inherent powers under section 482, cr.p.c. and further observed that a fresh trial nearly seven years after the alleged incident is bound to result in harassment and abuse of judicial ..... and fortified by the recent judgment of the supreme court in s. guin v. grindlays bank ltd. : 1986crilj255 , in which having regard to the nature of the acts alleged to have been committed by the appellant and other attendant circumstances, the court held that it was a case in which the high court should have been directed dropping .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-17-1989
Reported in : AIR1989SC784; 1989(20)ECC7; 1989(23)LC500(SC); 1989(40)ELT218(SC); JT1989(1)SC160; (1989)2SCC446; [1989]1SCR204; 1989(1)LC374(SC)
..... fabric' by running it through plain rollers to impart a better finish, which is a mere temporary finish. sri sorabjee referred to some of the notifications issued under section 8(1) of the act which say that calendaring would not be treated as 'processing'. learned counsel contended that having regard to the very nature, the calendaring does not bring about any change ..... for the choice of the different rates of interest are not envisaged in the context whether the processor processes amounted to 'manufacture' within the meaning of section 2(f j(v) of the act, but only in the context of estimating the extent of time consumed by the process of processes as that is the criterion for the choice of the ..... m.n. venkatachaliah, j.1. these two appeals under section 35-l of the central excises and salt act, 1944 (act) by messrs mafatlal fine spinning & ., arise out of and are directed against the common appellate-order dated 10-2-1987 of 'the customs excise & gold (control) appellate tribunal in .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-18-1989
Reported in : (1993)IIILLJ417AP
..... while he was the manager (pesticides) or subsequently.7. before me, the stand of the respondent is sought to be justified under section 4(6) of the act. sub-section (6) of section 4(6) incorporates two situations in which the amount of gratuity can be forfeited either wholly or to the extent of the loss caused ..... cannot be issued. 4. the only question that requires consideration is whether the respondent is justified in withholding the gratuity under sub-section (6) of section 4 of the act.5. the payment of gratuity act, 1972, is a beneficial legislation enacted with a view to provide payment of gratuity to employees engaged in factories, mines, oil-fields ..... of the respondent. now we may notice briefly the relevant provisions of the act. section 3 of the act provides for the appointment of a controlling authority for the administration of the act. section 4 is the mainstay of the act. it contains six sub-sections. sub-section (1) provides that gratuity shall be payable to an employee on the .....
Tag this Judgment!Court : Kerala
Decided on : Jan-18-1989
Reported in : AIR1990Ker151
..... the wife was not living with the husband in his house from 23-3-1979.6. the true content and import of desertion clause (1)(b) of section 13 of the hindu marriage act imparts a definite idea of complete and endless abandonment of one spouse by the other. this must be without the other's consent and without justifiable cause. ..... has done is improper. this sole circumstance will not be sufficient to constitute a ground for divorce based on cruelty.11. prior to the amendment act of 1976, cruelty was not an offending act constituting a ground for divorce. but now under section 13(1)(a) it is added as one of the grounds. the term 'cruelty' is not defined in the ..... varghese kalliath, j. 1. this appeal arises from an original petition. the husband is the appellant. he wanted divorce under sections 13 and 13a of the hindu marriage act. the grounds alleged are desertion arid cruelly. the courts below considered the evidence adduced in the case by the husband and wife and came to a conclusion that the .....
Tag this Judgment!Court : Karnataka
Decided on : Jan-18-1989
Reported in : ILR1989KAR1029; 1989(1)KarLJ302
..... the tenant. in the circumstances of the case, the ratio of the decision cited is not applicable in this case.4. a combined reading of clause (a) of section 21(1) of the act and rule 28 of the rules discloses the legislative intent to permit a quicker and less expensive manner of service of notices required to be given under the ..... contemplated under the rules, it cannot be held to be a valid notice. i am unable to agree with this contention. what is contemplated under clause (a) of section 21(1) of the act is that in order to seek protection from eviction on the ground of default in payment of rent, the tenant should pay the whole of the arrears of ..... is directed against the concurrent findings and orders of the courts below allowing the landlord's claim for eviction of the tenant on the ground under section 21(1)(a) of the karnataka rent control act, 1961.2. both the courts have on proper appreciation of the evidence on records, found that the tenant did not pay or deposit the arrears of .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-18-1989
Reported in : (1990)ILLJ443P& H
..... concerned on its expiry or of such contract being terminated under a stipulation in that behalf contained therein; or .............................................'sub-clause (bb) to clause (oo) of section 2 of the act, which was added in 1984 by an amendment, cannot be so construed as to drastically restrict the orbit of the term of 'retrenchment'. clause (bb) is ..... less than 240 days, shall be treated to have been in regular employment of the bank. the termination of services without complying with the provisions of section 25f of the act was held to be illegal.7. i.r. malik has raised an additional legal issue other than those taken in paramjit chopra's case (supra). this ..... (supra). in that case it was held that a workman who had rendered continuous service with notional break for a period of one year under section 25b(2) of the act during a period of 12 calendar months preceding the date of termination of services of the petitioner who had actually worked with the bank for not .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-18-1989
Reported in : AIR1989P& H224
..... fittings and fixtures including the telephone in question having fallen to the share of the answering respondent on the basis of family settlement dt. 9-2-1986 which was duly acted upon (photostat copy annexure r-1) between the parties after the death of their mother smt. kaushalya. it was further clarified that another house along with its fittings and fixtures .....
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