Court : Punjab and Haryana
Decided on : Oct-29-1973
Reported in : AIR1974P& H229
..... of the appeal. in c.m. 1919-c of 1973, the prayer was for condonation of delay or extension of time for filing the appeal under section 5 of the limitation act (hereinafter called the act) on the ground that delay in the presentation of the appeal had resulted from a bona fide mistake in preferring the appeal to the court of ..... suit or application was pending and prosecuted bona fide in the wrong court excluded as a matter of right, the remedy based on the principles of that provision under section 5 of the act in the case of an appeal is discretionary, and the court may condone the delay in filing an appeal in the correct court if the requirements of ..... fide. proof of sufficient cause for delay of each day in prosecuting the appeal after the period of limitation is a condition precedent to the exercise of discretion under section 5 of the act. sufficient cause has been consistently interpreted in judicial decisions to mean a cause which is beyond control of the party invoking the aid of the .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Oct-24-1973
Reported in : AIR1974P& H194
..... the petitioner's suit were that the petitioner was not the brother of the vendor, that the property in dispute was not land within the meaning of section 15 of the punjab pre-emption act, but was a shop, that the plaintiff had waived his right of pre-emption, and that the suit was barred by time. he submits that at the ..... of mahajan, j., in parkash singh v. harcharan singh, (1967) 69 pun lr 732. though that case related to the amendment of a recriminatory petition under section 84 of the representation of the people act, it was observed by the learned judge that certain rules are common to the amendment of a plaint and a written statement, but the written statement stands ..... order1. this petition under section 115 of the code of civil procedure is directed against the order of the court of shri subhash chander, subordinate judge second class, karnal, dated june 11, 1973, whereby he .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Oct-24-1973
Reported in : AIR1974P& H195
ORDERThis is the defendants' petition for revision of the order of the Court of Shri Amjad Ali Khan, Subordinate Judge First Class, Jullundur, dated August 14, 1973, whereby he refused to summon the witnesses of the defendants for procuring whose attendance for August 23, 1973, process was prayed for by them in their application, dated August 13, 1973. The evidence of the plaintiff-respondents had been concluded on July 26, 1973, and the case was adjourned for the first time for the defendants' evidence to August 23, 1973. While adjourning the case, the trial Court had directed the defendants to deposit diet-money and process-fee within four days that is by July 31, 1973. The solitary ground on which the application of the present petitioners was not allowed was that they had deposited the diet-money and process-fee beyond the period of four days fixed by the learned Subordinate Judge for that purpose. I think the order of the trial Court is wholly misconceived and contrary to law. It ...
Tag this Judgment!Court : Chennai
Decided on : Oct-23-1973
Reported in : (1975)1MLJ59
..... the question is whether bulbs, fans, street lighting and tube lighting, could be considered as machinery, as contended by the defendant within the meaning of sub-section 2 (b) of section 82 of the act. both the words 'machinery' and 'furniture' have a special connotation both in the popular and in the commercial sense. it cannot be said that fans ..... precincts as electrical installation, as if it has become part and parcel of the building itself so as to attract the incidence of taxation under section 81 or section 82 of the act. we are of opinion that the articles described in exhibit a-18 do not form part of the building as such and they have become ..... interfere with this finding and evaluation, as no acceptable evidence has been placed before us to show that the estimate made by the learned subordinate judge under section 2 of the act is not correct or is misconceived.13. mr. rajagopalan raised a contention that agricultural lands, if at all they have to be assessed for property tax, .....
Tag this Judgment!Court : Kerala
Decided on : Oct-23-1973
Reported in : AIR1974Ker154
..... of the property after excluding an area of ten cents surrounding the kudikidappu and there is absolutely no scope for referring the said question to the land tribunal under section 125 (3) of act 1 of 1964. 5. the view expressed by the subordinate judge that the civil court has no power to grant any injunction against a kudikidappukaran is not ..... is the fur-ither reason stated by the subordinate judge namely that the auestion involved in the present suit has to be referred to a land tribunal under section 125 (31 of act 1 of 1964 and that the civil court has no jurisdiction to issue an order of injunction. the plaintiff is not disputing in the suit the status of ..... that even if it is to be assumed that the suit is maintainable, the question involved in the suit has to be referred to the land tribunal as per section 125 (3) of act 1 of 1964, since the defendants are kudikidappu-kars, and that the civil court has no power to grant any injunction against a kudikidappukaran. the defendants have .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Oct-22-1973
Reported in : [1977]106ITR333(AP)
..... of the sale deed, it could not legitimately be inferred that the transfer was effected with the object of avoidance or reducing the liability of the assessee under section 45 of the act. we are unable to accept this contention. apart from the fact that there was gross under-valuation of the property at the time the sale deed was executed ..... shall be deemed to be a gift made by the transferor.'18. although thus the transaction under consideration was a simple sale, for purposes of the gift-tax act, in view of section 4(1), the difference was deemed to be a gift made by the transferor because there was difference of rs. 34,000 between the consideration mentioned in the ..... a revised return of income-tax on february 10, 1967, for the assessment year 1964-65. he included therein an amount of capital gains liable to tax under section 45 of the income-tax act to the extent of rs. 15,958 and after deducting an initial exemption of rs. 5,000, rs. 10,958 was disclosed as taxable income. this .....
Tag this Judgment!Court : Orissa
Decided on : Oct-22-1973
Reported in : AIR1974Ori52
..... . but there the area of opinion ceases, x x x' in air 1950 fc 59 (lakhi naravan das v. province of bihar) their lordships examined section 88 of the government of india act, 1935. that section, so far as relevant, is as follows: '88(1) if at any time when the legislature of a province is not in session the governor is ..... good government of british india or any dart thereof xx xx'section 72 of the government of india act, 1919 and section 72 of the government of india act, 1935 are almost similar. their lordships referred to air 1931 k c. 111 and said that it was plainly right. they observed ..... , this was not in any way incumbent on him as a matter of law.in air 1945 p. c. 48 (emperor v. benoarilal sarma) section 72 of the government of india act, 1935 came in for consideration section 72, so far as relevant, runs thus: '72. the governor-general may, in cases of emergency, make and promulgate ordinances for the peace and .....
Tag this Judgment!Court : Chennai
Decided on : Oct-22-1973
Reported in : AIR1974Mad286
..... finding of the nagarcoil court, the promissory note was executed at tuticorin. therefore, the tuticorin court had jurisdiction, equally with the nagarcoil court, to entertain the suit. the tuticorin court acted in violation of order 7, rule 10. c.p.c., when it returned the plaint although it had jurisdiction. the order being an illegal order and the plaint having been ..... be presented to the senior subordinate judge. the junior subordinate judge has not expressly referred to order 7, rule 10. c.p.c. and the certainly had no jurisdiction to act under that rule as he had come to no definite finding that he had no jurisdiction to deal with the suit. there was also no question of any withdrawal of .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Oct-20-1973
Reported in : AIR1974MP193; 1974MPLJ329
..... as that letter introduced a definite variation inthe terms of the compromise, it was not admissible in view of the provisions of proviso (4) to section 92 of the indian evidence act. the learned judge also overruled the contention of the appellant that the respondents were estopped from challenging the appropriation by the appellant at the request of ..... p-1 cannot take effect withtout registration as the letter varied the terms of a registered compromise. he contended that the bar under proviso 4 to section 92 of the indian evidence act, was not attracted where a document affected the terms of a decree. he also urged that the respondents were estopped from challenging the appropriation made by ..... contended that the letter ex. p-1, apart from the provisions of proviso 4 to s. 92 of the evidence act, could not be acted upon in view of the provisions of sections 49 and 50 of the registration act. now, it is necessary to bear in mind that the present proceedings do not arise out of a claim made .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-19-1973
Reported in : AIR1974SC199; (1973)1SCC150; [1974]2SCR74
..... any time before his death, the nomination made by exhibit b-1 will was revocable without assigning any reason.18. the definition of 'will' in section 2(h) of the indian succession act, 1925, would show that it is the legal declaration of the intention of a testator with respect to his property which he desires to be ..... as a special condition of a continuous and institutional nature, differing from the legal position of the normal person which is conferred by law and not purely by the act of the parties, whenever a person occupies a position of which the creation, continuance or relinquishment and the incidents are a matter of sufficient social or public concern ..... status carries with it attribution of a fixed quota of capacities and incapacities, but it does not directly compel the holder to do or refrain from doing any particular act. capacity, on the other hand, is a legally conferred power to affect the rights of oneself and other persons to whom the exercise of the capacity is directed .....
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