Court : Allahabad
Decided on : Aug-23-1973
Reported in : AIR1974All94
..... period of limitation. the courts below were, therefore wrong in holding that the payment was made beyond the period of limitation and fell in error in not applying section 12 of the limitation act. 7. the result, therefore, is that this appeal is allowed and the suit of the plaintiff shall stand decreed for rs. 1700/- with pendente lite ..... the suit and if the period means the prescribed period for the limitation of the suit. schedule 1 has to be read with section 12 of the limitation act and the day from which such period is to be reckoned has to be excluded. there was some difference of opinion on the interpretation of the words ..... 1960 was within limitation because for computing the period in the first schedule the day from which such period is to be reckoned has to be excluded under section 12 of the limitation act. the use of the expression 'prescribed period' will mean not the period prescribed for the repayment of loan but the period prescribed for the limitation of .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-29-1973
Reported in : AIR1974P& H36
..... of his legal representatives, who had been impleaded as defendants. the plaintiff did not file any objections against the award. the defendants, however, filed objections under section 30 of the act. the trial court framed the following issues:--'(1) has the arbitrator been guilty of judicial misconduct? (2) is the award otherwise liable to be set aside ..... to the conclusion that the plaintiff-respondent was a money-lender. as an arbitrator he should have decided that question which was an important one. under section 30 of the act an award is liable to be set aside in case an arbitrator or umpire has misconducted himself or the proceedings. the word 'misconduct' has not been ..... also submits that the arbitrator was fully justified in deciding the matter in favour of the respondent and the civil court cannot interfere with the award under section 30 of the act on this ground. there is no force in the contention of the learned counsel for the appellants. it is for the arbitrator to decide as to .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-18-1973
Reported in : AIR1973SC2734; 1973(0)KLT896(SC); (1973)2SCC713; [1974]1SCR671
..... of agrarian reform is essential, apart from taking over of janman rights, to make the law valid. in the present case a concrete agrarian project is presented by section 10 of the forest act. a substantially similar programme was considered by this court in kannan devan's : [1973]1scr356 . case and approved as sufficient to impart to the statute invulnerability ..... a scheme for agrarian reform and we do not see any good reason why we should take a different view with regard to the scheme envisaged in section 10 of the impugned act.36. the high court thought that the scheme was not real or genuine but illusory and has given some reasons in para 12 of the judgment ..... rights being an 'estate' are liable to be acquired by the state under article 31a(1)(a) as a necessary step to the implementation of agrarian reform. section 3 of the impugned act vests the ownership and possession of all private forests in the state. therefore they would attract the protection of article 31a(1). it would not be, in .....
Tag this Judgment!Court : Delhi
Decided on : Mar-23-1973
Reported in : AIR1974Delhi108; 9(1973)DLT352; 1973RLR331
..... balwant singh, respondent and the latter's sub-tenant raghubir singh, appellant, alleging violation of clauses (b) and (d) of the proviso to sub-section (1) of section 14 of the 1958 act. the rent controller by his order dated october 20, 1967 and in appeal the tribunal by his order dated october 10, 1968 found that the appellant sub ..... -tenant and, thereforee, from the sub-tenant, on the ground of non-occupation by the tenant.4. sub-section (2) of section 17 and sub-section (1) of section 18 which are relevant section 17(3) :- 'where, before the commencement of this act, any premises have been lawfully sub-let either in whole or in part by the tenant, the tenant or ..... status of a tenant and to claim protection from eviction in execution of a decree for eviction passed against the tenant on any of the grounds mentioned in section 14 of the act. the argument of anomaly which ahs been raised by mr. g.s. vohra, learned counsel for the appellant sub-tenant, cannot, thereforee be accepted. all .....
Tag this Judgment!Court : Gujarat
Decided on : Nov-14-1973
Reported in : [1975]98ITR237(Guj)
..... in second gift-tax officer, mangalore v. d.h. nazareth : [1970]76itr713(sc) to the provisions regarding capital gains in section 45 read with section 2(14)(iii) and section 2(47) of the same act, it is clear that the tax on capital gains is not a tax imposed directly upon lands and buildings but is a tax ..... on capital gains and hence no liability to tax would arise in respect of gains derived from transfer of agricultural land in rural areas. under section 2, sub-section (47) of the income-tax act, 1961, 'transfer', in relation to a capital asset, includes the compulsory acquisition of the capital asset under any law. therefore, whenever compensation ..... along with several other lands was reserved for the housing board functioning in the state of gujarat. on january 15, 1970, a notification under section 4 of the land acquisition act, 1894, was issued proposing that the lands of the petitioner and several other persons some of whom are petitioners in these special civil applications were .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-30-1973
Reported in : AIR1974Guj174
..... that context that the question arose whether the expression may' used therein had the force of 'shall' or 'must'. in the said c. p. and berar act whereas sub-section (2) used the expression 'shall' while providing that the deputy commissioner shall forward the application to the provincial government, which may pass such orders as it deems ..... the person on whom the power is conferred to exercise the power. it was a case under the c. p. and berar revocation of land revenue exemption act, 1948. section 5 which dealt with awards of money grants or pension, inter alia, provided that the provincial government may make a grant of money or pension. it is ..... last source consists of assets which may be prescribed as constituting a part of compensation pool. the expression 'prescribed' means prescribed by rules made under the said act (vide section 2(f)). the fourth source of contribution to the compensation pool therefore takes us to rule 36 of the said rules which provides as under :'the following .....
Tag this Judgment!Court : Mumbai
Decided on : Apr-09-1973
Reported in : (1975)IILLJ45Bom
..... that high standards of professional conduct and etiquette are prescribed for surveyors. sub-section (1)(d) of s. 64um applies the provisions of s. 43(4) applicable to insurance agents also to surveyors. section 42(4) of the insurance act provides that a surveyor would be disqualified if he is a minor, a ..... establishment' as meaning inter alia a commercial establishment section 7 provides for the registration of such establishments. section 52(a) prescribes the penalty for contravention of the provisions of the shops act. section 4 provides that notwithstanding anything contained in the shops act the provisions of the said act mentioned in the third column of schedule ii ..... connived at any fraud, dishonesty or misrepresentation against an insurer or an insured. section 110h provides for an appeal from decision of the controller to the government. 13. it would appear from the provisions of the insurance act, 1938 referred to hereinabove that while the profession of a surveyor is a recognised .....
Tag this Judgment!Court : Mumbai
Decided on : Aug-08-1973
Reported in : AIR1975Bom137; (1974)76BOMLR595; 1974MhLJ823
..... entitled to exemption., on proof of the said two requisite facts, the landlord was entitled to get the exemption certificate from the mamlatdar. by this amending act, section 88-d was also introduced which inter alia gave powers to the state government to cancel the exemption certificate granted to such a landlord if it is found ..... case of parvatibai ramchandra rokade v. mahadu tukaram varkhede, : air1967bom428 has held that the right of a certificated landlord to apply under section 33-b of the bombay tenancy and agricultural lands act, 1948 for possession of land from an excluded tenant does not lapse on his death and can be exercised, within the specified time, ..... civil application under article 227 of the constitution of india raises a question of law as to the interpretation of section 33-b of the bombay tenancy and agricultural lands act, 1948 (hereinafter referred to as the 'act').2. the question of law raised in this case relates to the rights of the heirs of the certificated .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jan-22-1973
Reported in : AIR1973MP104; 1973MPLJ411
..... provisions the sub-divisional officer placed in charge of the duties would not be competent to exercise the statutory powers conferred on the collector under section 55 of the act. i am of the opinion that where statutory powers are conferred on a particular officer those powers cannot be exercised by an officer holding current ..... in current charge of the duties of the collector could preside over the election meeting for the election of the president and vice-president, under section 55 of the act. this question has been referred because of conflicting views expressed by division benches of this court regarding the meaning of the words 'current charge' ..... in that capacity he held an office of profit under the council within the meaning of clause (c) of section 35 of the madhya pradesh municipalities act, 1961 (hereinafter referred to as 'the act'). under section 94 of the act a council is empowered to appoint officers besides those specified there-under as may be necessary and proper for .....
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 .....
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