Court : Madhya Pradesh
Decided on : Jan-29-1973
Reported in : AIR1973MP248; 1973MPLJ103
..... was instituted.10. the mortgagees were in possession of the suit house. they were receiving rents, which amounted to part payment within the meaning of sub-section (2) of section 20 of the act, which reads thus:--'where mortgaged land is in the possession of the mortgagee, the receipt of the rent or produce of such land shall be deemed to ..... meaning.'25. we are clearly of the view that the word 'rent' cannot be read as ejusdem generis with 'produce' in section 20 (2) of the act.the principle of sub-section (1) of section 20 of the act is that a payment on account of a debt or of interest should give a fresh start of limitation for a suit for ..... to be within limitation.27. there is yet another ground for which the suit must be held within limitation. it is by giving 'the plaintiff benefit of section 19 of the limitation act it may be recalled that there was a partition among the three brothers, anoopchand, santokchand and meharchand. in this court, the plaintiff-appellant made an application .....
Tag this Judgment!Court : Gujarat
Decided on : Jan-29-1973
Reported in : 1974CriLJ1189; (1974)15GLR183
..... case of tolaram, 56 bom lr 1206 : 1954 cri lj 1333 or not. it is significant to note that after referring to the wording of sub-section (1) of section 18 of the act and formulating the question whether the answer given by the full bench to the question referred to, is right, and whether the receipt of a sum of ..... the supreme court has considered the opinion expressed in that case by the full bench of the bombay high court in regard to the interpretation of this sub-section (1) of section 18 of the act. in that case, the matter was first heard in the bombay high court by a division bench of the bombay high court, consisting of gajendragadkar and ..... chainani, jj., on 8th october, 1952. in that case, the appellants were charged under section 18(1) of the act in question for receiving from shanker das gupta through mathuradas on 23rd november, 1950, a sum of rs. 2, 400/-, as premium or pugree in respect of grant .....
Tag this Judgment!Court : Kerala
Decided on : Jan-29-1973
Reported in : AIR1974Ker4
..... this decision the import trade control policy in respect of this item was stated in the book import trade control policy commonly called the 'red book' in section 3 of that book under the heading 'list of items the import of which is canalised through the state trading agencies' cashewnut is included and it is stated ..... seen that thp state trading corporation ltd. controls the 2nd respondent and the former is controlled by the central government. under the import and export control act and import control order the government have undertaken to discharge certain duties in the matter of import of cashewnuts and its distribution on withdrawing the open general ..... this court under article 226 and seek for appropriate directions or orders.12. the contention that the 2nd respondent is a company registered under the companies act and therefore is not a public authority amenable to the writ jurisdiction is unsustainable in the light of what has been stated above regarding the relationship of .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-25-1973
Reported in : AIR1973P& H417
..... arbitrator having been appointed without notice to them, should have been raised by means of an appeal against the award under s. 68(1)(h) of the act. by virtue of section 82 of the act, any order, decision or award without jurisdiction. even if these objections were to be accepted, at the most, all that could be said was that the ..... to decide right or to decide wrong and even though they decide wrong, the decrees rendered by them cannot be treated as nullities. it is true that section 3 of the limitation act is peremptory and that it is the duty of the court to take notice of this provision and give effect to it even though the point of limitation ..... them and it could not be questioned in a civil court on any ground whatsoever. the jurisdiction of the civil courts in this behalf is specifically barred under section 82(3) of the act.13. it was contended by the learned counsel for the appellants that in the instant case, the award being without jurisdiction, the civil courts will have the .....
Tag this Judgment!Court : Orissa
Decided on : Jan-25-1973
Reported in : (1973)ILLJ518Ori
..... the view of the tribunal that this does not amount to a formula.14. mr. misra concedes that if the agreement is accepted as valid under sub-section (3) of section 34 of the act, it would be binding on all workmen and is even available to be enforced under appropriate statutes. the settlement was reached in 1969 at a time ..... loss accounts, they are still open to be raised and the settlement does not take away the workmen's right to dispute the same. section 19, or for the matter of that, all other sections in the act excepting s. jo, have to be kept away while considering the validity of an agreement containing a different formula regarding payment of bonus. ..... sangha before it that the terms of settlement including the provisions of 'set off and set on' did not constitute a formula as contemplated in section 34(3) of the payment of bonus act, the tribunal persuaded itself to come to the said conclusion by holding that the rates of payment of bonus for these years were imaginary and notional .....
Tag this Judgment!Court : Kerala
Decided on : Jan-25-1973
Reported in : AIR1974Ker2
..... the objections; and second that the acquisition was not really for a public purpose.3. as far as the first of these objections is concerned. section 5 (3) of the act requires the collector to publish a notification in the gazette and also cause public notice of the substance of such notification to be given at various places ..... b). the petitioner has alleged in paragraph 10 of the petition that after preferring ext. p2 objections he did not receive any notice of enquiry enjoined by section 5 of the act, nor was he heard in support of the objections. to this, the answer made in paragraph 6 of the counter-affidavit is in very vague and general ..... collector and that these reveal that the acquisition was necessary. it is also stated therein that after the service of notice under section 5 of the land acquisition act, on all the interested persons, the section 5 enquiry was conducted by the revenue divisional officer in the presence of the petitioner, and that the tahsildar has also conducted .....
Tag this Judgment!Court : Kolkata
Decided on : Jan-25-1973
Reported in : AIR1973Cal304
..... which exists in law or by implication of law and is further expressed in the decree herein is a charge created by operation of law and is within section 100 of transfer of property act. this disposes of ground taken by mr. s. pal, counsel appearing on behalf of the plaintiff in paragraph (2) above.14. the ground taken by the learned ..... owelty money with interest and all the provisions which apply to a simple mortgage shall, so far as may be, apply to such charge in terms of section 100 of the transfer of property act.11. support to the above view may be sought in the other case in : [1957]1scr775 . in para. 18 of the said report it is held,'when ..... decree itself. if a decree embodies a charge which has no existence in law independently of the decree itself, the same would be outside the definition of section 100 of the transfer of property act.'9. a hindu widow's right to maintenance has been stated as not to be a charge which exists in law, it does not bind any part .....
Tag this Judgment!Court : Kolkata
Decided on : Jan-24-1973
Reported in : AIR1974Cal158
..... definition of 'primary gold' and 'ornament' which i have set out above, it seems to me that an essential pre-condition for assumption of jurisdiction under section 8 (1) of the act is that the article in question must be primary gold. it is undoubtedly for the gold control authorities to decide that collateral question of fact, namely, ..... view, clearly a jurisdictional fact, that is to say, a collateral fact upon a correct finding of which the assumption of jurisdiction by the authorities under section 8 (1) of the act will depend. it is well settled that if the authorities assume jurisdiction on a wrong finding of the collateral fact, the court in exercise of its ..... of the seizure list in the brief, in which there are no signatures of any witnesses. consequently it was contended that the seizure was in contravention of section 69 of the act. mr. banerjee drew my attention to the original seizure list from the file kept with the customs authorities. it is however found from the records that .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-24-1973
Reported in : AIR1973SC1196; 1973CriLJ921; (1973)1SCC696; [1973]3SCR438
..... commercial bank of the aforesaid forward exchange contract dated june 4, 1966. on august 31, 1971, the petitioner was arrested under section 19b of the exchange act. sub-section (1) of section 19b provides that 'if any officer of enforcement... has reason to believe that any person in india or within the indian customs ..... of enforcement that the contravention took place without his knowledge or that he exercised all due diligence to prevent the aforesaid contravention, as required under section 23c of the said act.39. and whereas, in view of the aforesaid facts and circumstances, i, onkar nath chattopadhyay, enforcement officer, enforcement directorate, department oi personnel ..... , that the contravention took place without his knowledge or that he exercised all due diligence to prevent the aforesaid contravention, as required under section 23c of the exchange act.20. in view of these allegations it is idle to contend that the petitioner was not included in the expression 'the management and .....
Tag this Judgment!Court : Kerala
Decided on : Jan-24-1973
Reported in : [1973]31STC559(Ker)
..... 795.03 on the strength of the notification mentioned above. the sales tax officer, i circle, mattancherry, upheld the exemption claimed. in a suo motu revision under section 35 of the act, the deputy commissioner of agricultural income-tax and sales tax, central zone, ernakulam, held that the exemption granted by the assessing authority was irregular and improper and ..... in full the notification, the relevant entry and the explanation.s.r.o. no. 342/63.-in exercise of the powers conferred by section 10 of the kerala general sales tax act, 1963 (act 15 of 1963), the government of kerala having considered it necessary in the public interest so to do hereby make an exemption in respect ..... on diaries sold by the applicant; the contention raised by him being that diaries were books and the question was whether the word 'books' in section 4 of the u.p. sales tax act, 1948, would include diaries sold by the assessee. desai, c.j., observed as follows :in its wider sense it means a writing and a .....
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