Court : Mumbai
Decided on : Sep-24-1973
Reported in : AIR1975Bom20; (1974)76BOMLR278
..... amount of the standard rent and permitted increases and observes and performs the other conditions of the tenancy, in so far as they are consistent with the provision of this act. section 12(2) puts a restriction on the landlords' right to file an ejectment suit on the ground of non-payment of standard-rent or permitted increases by providing that ..... give a restricted or enlarged meaning with the purpose of finding out the intention of the legislature. according to him, on a reasonable construction of the scheme of sec.12 of the act, it would appear that the protection given to a tenant from the eviction on the ground of non-payment of rent and permitted increases is withdrawn by stages, ..... the landlord is bona fide or not. if that is so, there is no valid reason to suppose that it cannot do so in cases falling under section 12(3)(a) of the rent act. although section 12(3)(a) , which is on the statute book since 1953, does not expressly refer to 'a bona fide dispute', in view of the consistent .....
Tag this Judgment!Court : Kolkata
Decided on : Sep-24-1973
Reported in : AIR1974Cal69,78CWN144
..... corporation v. sukhdeo rai reported in : (1971)illj496sc and referred to the observations of mr. justice shelat delivering the judgment of the court that'section 45 of air corporation act, 1953 does not cast any obligation upon the indian airlines to appoint employees under any particular type of contract or to terminate them on specific grounds ..... 1973. it was thereafter submitted by the plaintiff that there was a violation of the stay order and an application for contempt under section 3, clause (1) of the contempt of courts act was filed on 16-3-1973 before the learned district judge and it was further prayed that pending the hearing of the contempt matter ..... replaced at the disposal of the government of bihar with immediate effect. along with the suit an application under order 39. rules 2 and 3 read with section 151, civil procedure code was also filed for an order of temporary injunction. the learned munsif issued notices calling upon the defendants to show cause within ten days from .....
Tag this Judgment!Court : Delhi
Decided on : Sep-24-1973
Reported in : ILR1974Delhi117
..... the house of lords in cairncross v. lorimer (1860) 7 jur. n.s. 149 (13) was approved by the judicial committee. the doctrine is contained in section 115 of the evidence act.(40) as long ago as 1876 sir james colvile delivering the judgment of the privy council said : 'onthe whole, thereforee, their lordship think that the appellant, ..... award being filed into court as a compromise or adjustment of the suit under o. xxiii, r. 3, code of civil procedure as is provided by section 47 of the arbitration act. this is the rule enunciated in these authorities. the fact of this case are, however, different and, thereforee, the principle as enunciated these authorities is ..... instituted suit for rendition of accounts in the court at jullundur against k. narendra and his son. in that suit k. narendra moved an application under section 34 of the arbitration act which was decided against him. k. narendra preferred an appeal to the high court of punjab and haryana.(7) on these facts coming to the knowledge .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-24-1973
Reported in : AIR1973SC2655; 1973CriLJ1798; (1974)3SCC357; [1974]1SCR737
..... .l.r. 15 all. 173, was also referred to. the purport of that decision was explained to be that section 511 was not meant to cover only the penultimate act towards the completion of an offence; acts precedent, if those acts are done in the course of the attempt to commit the offence, and were done with the intent to commit it ..... cheated, he has embarked on a course of conduct which is nothing less than an attempt to commit the offence as contemplated by section 511. he does the act with the intention to commit the offence and the act is a step towards the commission of the offence.the decision in the queen v. ramsarun chowbey (1872) 4 n.w.p. ..... final part of an attempt in the larger sense is the only act punishable under the section. it says expressly that whosoever in such attempt, obviously using the word in the larger sense, does any act, etc., shall be punishable. the term `any act' excludes the notion that the final act short of actual commission is alone punishable.7. this court also .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Sep-24-1973
Reported in : AIR1974MP35; 1974MPLJ27
..... which is material and the landlord can get the premises vacated not only for his own need, but for the members of the family mentioned in section 2 (e) of the act once the tenant has given up the tenancy and has secured an alternative accommodation, his dependants cannot claim that a fresh tenancy ought to be created in ..... the house in their own right.9. the learned counsel for the petitioners invited attention to the definition of a 'member of the family' as per section 2 (e) of the m. p. accommodation control act. 1961, which is as follows:' 'member of the family' in the case of any person means the spouse, son, unmarried daughter, father, grandfather, ..... and 1961 regarding allotment of houses to displaced persons. awatarsingh will continue as a tenant under the ordinary law and the matter will be governed by section 12 of the m. p. accommodation control act. 1961. now, it is an undisputed fact that awatarsingh has constructed his own house and has shifted therein. as such, he does not .....
Tag this Judgment!Court : Allahabad
Decided on : Sep-21-1973
Reported in : AIR1974All70
..... fixed by the board is bad because it has not been fixed after considering the factors mentioned in clauses (b) and (d) of sub-section (2) of section 49 of the electricity (supply) act, 1948 under which the board while fixing the uniform 'tariff' should have regard to the co-ordinated development of the supply and distribution of ..... board to modify the terms in regard to the supply of electrical energy including the minimum guaranteed payment therefore. 4. it was then urged that section 49 of the electricity (supply) act, 1948 does not entitled the board to vary the minimum guaranteed charges. even so, the board having power to vary those charges under the ..... 6428 of 1970 zila power upbhokta sangh v. union of india (decided on 26-4-1972) (all) about the construction of term 'traiff contained in section 49 of the electricity (supply) act, 1948. he referred the entire writ petition to a larger bench although the writ petition raises several other questions as well. 2. the petitioners entered .....
Tag this Judgment!Court : Chennai
Decided on : Sep-21-1973
Reported in : [1976]102ITR187(Mad)
..... , the amount payable by the company to the government under clause 7 came to rs. 42,480 and the question was whether the said payment was allowable under section 10 of the income-tax act. the high court held that the amount constituted a capital expenditure. the supreme court held that the payment in question was in the nature of a revenue ..... it will be excluded. thirdly, may tax be deducted and retained on payment if so, it will be excluded. finally, is there some other special provision of the income-tax act which permits, or requires, the payment to be brought in, or left out of account ?'18. he has also pointed out that in considering whether a particular item is deductible .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-20-1973
Reported in : AIR1973SC2658; (1973)2SCC773; [1974]1SCR707
..... advocate submits that chandayya shetty had an interest in the properties which he could bequeath by will.8. it appears to us that the provisions of the madras act particularly section 36(2)(h) with its explanation without doubt indicates the time when a share of kavaru is ascertained or a partition in the family and whether property is ..... a share on that basis. the provision is also applicable to every kavaru possessing separate property as if it were a kutumba. however, under sub-section (3) of section 36 of that act if at the time of the partition any kavaru taking a share is a nissanthathi kavaru it would have only a life-interest in the property allotted ..... share as per the preliminary decree. therefore, the contention that interest obtained by the first defendant under the preliminary decree stood enlarged as a result of section 30(1) of the 'act' must fail.16. the above statement of the law which meets the several contentions raised before us is in consonance with our own reading of the .....
Tag this Judgment!Court : Chennai
Decided on : Sep-20-1973
Reported in : [1974]44CompCas254(Mad); [1974]94ITR323(Mad)
..... includible in the principal value of the estate. but the sweeping nature of the latter portion includes also the consideration of the applicability of section 15. though section 5 of the act was not specifically argued before the authorities below, the learned counsel for the revenue made his submissions on that question on the basis that ..... division bench of this court in mohanavelu mudaliar v. indian insurance & banking corporation ltd., [1957] 27 comp. cas. 47 in relation to sections 38 and 39 of the insurance act. section 38(5) clearly states the effect of an assignment as that the assignee is the only person entitled to benefit under the policy and such ..... found implied in the statutory provisions controlling those compensations. in worsley estate's case there was a special power conferred on the insured under section 244 of the insurance act to designate in writing a beneficiary to receive the insurance money or part thereof and to alter or revoke in writing any prior designation and .....
Tag this Judgment!Court : Karnataka
Decided on : Sep-20-1973
Reported in : ILR1974KAR515; [1974]95ITR321(KAR); [1974]95ITR321(Karn); 1974(1)KarLJ145
..... of a new firm named hindusthan drug house. 4. on march 30, 1969, the income-tax officer (collection), circle-1, bangalore-1, issued a certificate under section 222 of the act to the tax recovery officer, bangalore, to recover a sum of rs. 31,919 together with certain interest. the certificate showed the assesses in default as 'hindustan ..... c) arrest of the assesses and his detention in person; (d) appointing a receiver for the management of the assesses's movable and immovable properties.' 10. section 189(3) of the act provides :'every person who was at the time of such discontinuance or dissolution a partner of the firm, and the legal representative of any such person who ..... with a summons and has failed to appear : provided that nothing in this sub-rule shall be deemed to limit or otherwise affect the provisions of section 247 of the indian contract act, 1872. (2) where the decree-holder claims to be entitled to cause the decree to be executed against any person other than such a person .....
Tag this Judgment!