Court : Punjab and Haryana
Decided on : Jan-09-2006
Reported in : (2006)143PLR10
..... also joined as party to the proceedings. the presence of such co-landlords as co-plaintiffs or co-applicants, as are not classified landlords as defined in section 23-j of the act does not alter the nature of claim preferred by the widow landlady and, therefore, does not take the proceedings out of the scope of ..... controller on 8.11.2005 whereby the application for leave to contest filed by the petitioner was dismissed and consequently petition under section 13-b of the east punjab urban rent restriction act, 1949 (hereinafter to be referred as 'the act') filed by the respondent was allowed.2. the respondent has sought ejectment of the tenant, inter alia, on the ..... decision reported as dhannalal v. kalawatibai and ors. : [2002]supp1scr19 . in the said case, a landlord within the meaning of section 23-j, as contemplated in chapter iii-a of the m.p. accommodation control act, 1961, sought ejectment of a tenant, inter alia, on the ground that the premises is required for bona fide use of sons .....
Tag this Judgment!Court : Gujarat
Decided on : Jan-09-2006
Reported in : (2006)201CTR(Guj)312; [2006]282ITR568(Guj)
..... its order dated 27/8/1992, concurred with the findings recorded by commissioner (appeals), to hold that the assessee was entitled to relief both under section 80hh and section 80i of the act. according to tribunal, the commissioner (appeals) had rightly relied upon the decision of the allahabad high court in the case of commissioner of income ..... kharwar & sons (supra), this court was called upon to decide whether the assessee therein was an industrial undertaking while determining the claim of relief under section 80j of the act. it has been laid down at page 401 of the reports:the question which we have to consider is whether the undertaking of the assessee is ..... tax, agra v. mubarakali khan, : [1980]123itr101(all) . in relation to the additional reason given by the assessing officer relating to the claim under section 80i of the act, the commissioner (appeals) observed that, on one hand, the assessing officer himself had recorded that the assessee did not have any plant and machinery, and on .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-09-2006
Reported in : [2006]283ITR301(P& H)
..... the assessing officer, while framing the assessment for the said assessment year, made an addition of rs. 3,75,000 as unexplained investment. the assessment was framed under section 144 of the act in the status of association of persons (for short 'the aops'). however, on the assessee's challenge to the said order in appeal before the commissioner of income ..... the assessment year 1988-89.4. in view of the said order of the tribunal, the assessing officer initiated action under section 148 of the act in respect of the assessment year 1988-89, and framed an assessment under section 144 on the respondent, taking its status as association of persons.5. aggrieved, the assessee preferred an appeal to the commissioner ..... d.k. jain, c.j.1. this appeal by the revenue under section 260a of the income-tax act, 1961 (for short 'the act'), is directed against order dated february 24, 2004, passed by the income-tax appellate tribunal, amritsar bench, amritsar (for short 'the tribunal'), in i. t. a. no. 659 .....
Tag this Judgment!Court : Gujarat
Decided on : Jan-09-2006
Reported in : [2006(110)FLR674]
..... occasions, that the proceedings should not be terminated prematurely. if the reference is rejected, the conciliation officer has to record the reasons for that under section 12(5) of the act. however, while making the reference, it is not necessary to record any reason. merely because the reasons are not recorded while making the reference ..... attractive though the contention is, we regret, we are unable to accept the same. it is now well settled that, while exercising power under section 10(1) of the act, the function of the appropriate government is an administrative function and not a judicial or quasi judicial function, and that in performing this administrative ..... if it was a judicial or quasi-judicial order. he has further submitted that the court further held that the order made by appropriate government under section 10 of the act being administrative order, no lis is involved as such and an order is made on the subjective satisfaction of the government. he, therefore, submitted .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-09-2006
Reported in : (2006)143PLR92
..... filed this revision petition for setting aside the order dated 2.9.2003 passed by the additional district judge, kapurthala dismissing the application filed by the petitioners under section 5 of the limitation act for condoning 58 days delay in filing the appeal and also consequently dismissing the appeal being barred by limitation.2. in this case, the plaintiff-respondent filed a ..... possession of the land in question except in due course of law.3. the petitioners filed an appeal against the aforesaid judgment and decree with an application under section 5 of the limitation act for condoning 58 days delay in filing the appeal on the ground that the clerk of their advocate told them that he would apply the certified copy of .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-09-2006
Reported in : 2006(2)AWC1272
..... and the statutory provisions, it is quite clear that this court has jurisdiction to initiate contempt proceedings suo motu even in a civil contempt as defined in section 2 of act 70 of 1971, that no particular form of procedure is necessary so long as the proceedings are initialed giving an opportunity to the contemnor to defend himself ..... opposite party no. 1 is concerned, he is compensation officer and his actions would be presumed to have been regularly performed under illustration (e) of section 114 of the indian evidence act. in the case of breach of an order of the court, if it is done by a private person, apparently to gain some unlawful advantage, the ..... lieu thereof. against this order of conviction and sentence theabovenoted appeal has been filed by the appellant (opposite party no. 3 of contempt application) under section 19 of the contempt of courts act. 7. we have heard sri a.k. bajpai, learned counsel for the appellant and sri d.s. srivastava for the respondent.8. the thrust .....
Tag this Judgment!Court : Karnataka
Decided on : Jan-09-2006
Reported in : AIR2006Kant114; ILR2006KAR1175; 2006(1)KarLJ569
..... him asking him to hand over the possession by the respondent-administrator.7. now, let me consider the substantial question of law raised.8. as per section 41(j) of the special relief act, 1963, injunction cannot be granted against the true owner of the land. the trial court as well as the lower appellate court have held that the ..... who tries to dispossess him.6. per contra, the learned counsel appearing for the respondent has submitted that by virtue of the ordinance passed by the government as per sections 4 and 5 of the karnataka ordinance no. 11 of 1986, all the properties belonging to k.c.t. mills vested with the government and the government has ..... made to recover the possession by issuing a notice under due process of law on vesting of the property with the government by virtue of the ordinance and the act of the defendant in attempting to take possession is in accordance with law. under such circumstances, both the courts below have rightly dismissed the suit of the plaintiff .....
Tag this Judgment!Court : Karnataka
Decided on : Jan-09-2006
Reported in : 2006CriLJ1577; ILR2006KAR792; 2006(1)KarLJ581
..... parties and after going through the entire material on record, the only question is whether this is a case fit enough to exercise the power conferred on this court under section 482 of the cr.p.c. in this regard, it is worthwhile to refer to the recent pronouncement of the apex court in the case of state of punjab v ..... give effect to an order under the code, (ii) to prevent abuse of the process of court, and (iii) to otherwise secure the ends of justice. inherent jurisdiction under the section though wide has to be exercised sparingly, carefully and with caution and only when such exercise is justified by the tests specifically laid down in the ..... section itself. it is to be exercised ex debito justitiae to do real and substantial justice for the administration of which alone courts exist.6. if the facts and circumstances of .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-09-2006
Reported in : (2006)143PLR63
..... down and sell those trees is incidental to the proprietorship of the land.2. the afore-mentioned question of law has again arisen in this appeal tiled by defendants under section 100 of the code of civil procedure, 1908 (for brevity 'the code') challenging concurrent findings of fact recorded by both the courts below holding that the plaintiff-respondent, who is .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-09-2006
Reported in : AIR2006All114; 2006(1)AWC904
S.N. Srivastava, J.1. Heard learned Counsel for the petitioner and learned Counsel for Caveator.2. Learned Counsel for the petitioner urged that against an order passed by the Consolidation Officer, an appeal was preferred by 15 persons, but Vakalatnama was signed by only one person as such the appeal on behalf of other persons was not maintainable. The Appellate authority has not taken into consideration this aspect while entertaining the Appeal.3. Considered arguments of learned Counsel for the petitioner:4. In view of the law laid down by the Apex Court in the judgment rendered in Civil Appeal No. 6701 of 2005 (Arising out of SLP(C) No. 22578 of 2002), Udav Shanker Trivar v. Ram Kalewar Prasad Singh and Anr. decided on 10.11.2005, the appellants before the Appellate Authority (Assistant Settlement Officer, Consolidation, Bareilly) are entitled to have an opportunity to get the defect removed. Paragraph-15 of the judgment of the Apex Court is being reproduced below:-15. It is, thus, ...
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